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   State Courts - Arkansas - May 16, 2007

  
Banks v. State, CACR06-1067, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 16, 2007, Decided
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Overview: A motion to dismiss was properly denied in a case involving a conviction for domestic battery in the second degree under Ark. Code Ann. § 5-26-304 since defendant was not justified in using deadly force under Ark. Code Ann. § 5-2-601 on her boyfriend, even though he was the initial aggressor when he pushed her.

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Carter & Cole Tire Serv. v. Woods, CA 06-1268, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2007, Decided
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Overview: Workers' compensation commission did not err in finding that employee was entitled to Ark. Code Ann. § 11-9-522(b)(1) 40% wage-loss disability benefits over and above the 13% anatomical impairment rating; no medical opinions stated the employee was capable of returning to anything more than light duty work and employer had no such work available.

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Corbett Garrett Trucking, Inc. v. Barton, CA 06-1047, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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Overview: Order awarding workers' compensation benefits to employee who injured his back while working as truck driver was upheld where an ALJ had determined that there was objective evidence under Ark. Code Ann. § 11-9-102(4)(D) to establish injury's existence, and the testimony and medical documents established a causal relation to a work-related incident.

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Crelia v. Rheem Mfg. Co., CA06-1224, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2007, Decided
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Overview: Where a functional-capacity examination revealed that a benefits claimant was able to do "medium" work after the amputation of four fingers, and her employer had offered a such a job, there was substantial evidence to support a finding that the claimant was not eligible for permanent total disability under Ark. Code Ann. § 11-9-519(e)(1).

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Danner v. Discover Bank, CA06-1052, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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Overview: Trial court erred in finding in favor of a creditor in its collection action against a debtor where the trial court impermissibly shifted the burden of proof to the debtor to show that credit card charges were not authorized; 15 U.S.C.S. § 1643(b) placed upon the creditor the burden of proving that any disputed use made of the card was authorized.

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Harris v. Harris, CA06-1161, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 16, 2007, Decided
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Overview: The denial of a wife's motion to set aside and vacate a divorce degree was proper because it appeared that she was attempting to use parol evidence to improperly vary the terms of the written divorce decree; the parol evidence rule barred extrinsic evidence of the parties' oral settlement agreement.

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Harris v. State, CACR06-1246, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2007, Decided
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Overview: Motion for a directed verdict was properly denied in a residential burglary case because there was sufficient evidence to support the conviction based on the fact that defendant's fingerprint was found on a movie that had been moved inside of a burglarized residence, and there was no reason why it would have been there.

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Joshua v. State, CACR06-906, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 16, 2007, Decided
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Overview: A trial court's determination that defendant was competent to stand trial was supported by substantial evidence where the combined medical testimony of the State's witnesses, two psychologists, was sufficient to support the finding that defendant was competent to stand trial. Both witnesses were of the opinion that defendant was malingering.

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Latiolais v. Ark. Dep't of Human Servs., CA05-744, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 16, 2007, Decided
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Overview: Termination of mother's parental rights was proper under Ark. Code Ann. § 9-27-341 as (1) the son had been out of the home for more than 12 months despite efforts to correct conditions that caused his removal; and (2) there was little likelihood that services to the family would result in the daughter's successful reunification with her parents.

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Misenheimer v. Pitts , CA06-76, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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Overview: Appeal of judgment granting appellees directed verdict in a tort action was dismissed pursuant to Ark. R. Civ. P. 54(b) on ground that it was not final, appealable order because while appellant's claims for conversion and assault were concluded by directed verdict, record did not indicate that his trespass count was dismissed or otherwise resolved.

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