Arkansas, May, 2003, State Case law

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State Courts - Arkansas - May 7, 2003

King v. Baxter County Reg'l Hosp. Risk Mgmt. Res., CA01-996, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 7, 2003, Decided
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Overview: Claim for mental injury was not compensable because it was causally connected to claimant's demotion, rather than to a physical injury. If prior law was applied, it was not compensable because a reduction in salary was not more than ordinary stress.

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Litchford v. Ark. Dep't of Human Servs., CA02-898, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 7, 2003, Decided
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Overview: Termination of parental rights was upheld given that the record supported the trial court's findings that the children were sexually abused and that the mother and father failed to comply with the case plan.

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Mason v. Mason, CA 02-746, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, May 7, 2003, Opinion Delivered
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Overview: Where father had custody, facts were distinguishable from authorities relied upon by father as to changed circumstances. Mother's situation had radically improved, and custody was granted to mother, even though father's situation had not changed.

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Mays v. Mays, CA03-172, COURT OF APPEALS OF ARKANSAS, May 7, 2003, Decided
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McClain v. State, CACR02-1198, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Decided
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Overview: The trial court's decision to revoke defendant's probation based on his admitted use of controlled substances while on probation was not clearly against the preponderance of the evidence.

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McGhee v. State, CA CR 02-353, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Opinion Delivered
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Overview: Defendant correctly asserted that application of 70 percent parole-eligibility rule to sentence for manufacture of methamphetamine, a 1998 offense, would have been an ex post facto law. But counsel failed to object, and issue was not preserved.

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Morris v. Ark. Dep't of Fin. & Admin., CA 02-890, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Opinion Delivered
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Overview: In a challenge to a finding that employers were liable for unpaid withholding taxes, summaries of tax records were admissible, and the employers were not entitled to additional credit for taxes paid by employees or to subrogation from employees.

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Nationsbanc Mortg. Corp. v. Hopkins, CA 02-427, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 7, 2003, Opinion Delivered
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Overview: As two mortgagors suffered actual monetary damages due to a mortgagee's failure to cancel a mortgage, they were entitled to damages. However, the trial court was not authorized to cancel the mortgage.

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Nelson v. State, CACR 02-867, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 7, 2003, Decided
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Overview: Where defendant failed to renew his motion for dismissal at the close of all evidence, defendant failed to preserve his challenge to the sufficiency of the evidence to convict him for appeal.

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Pine Bluff Cotton Belt Fed. Credit Union v. Patterson, CA02-969, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 7, 2003, Decided
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Overview: Decision of the trial court that determined that the credit union had not properly perfected a lien interest in the vehicle was affirmed and the credit union did not have an interest that was superior to a subsequent lender who took possession.

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