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| Osborn v. Bryant, CA06-1131,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2007, Decided
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Overview: In a will dispute where a trial court determined that land should have passed through intestacy, but reserved judgment on other issues, an appeal was dismissed because there was no final order dispensing with all of the claims nor a certification under Ark. R. Civ. P. 54(b).
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| Patterson v. Wal-Mart Assocs., CA06-1245,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 16, 2007, Decided
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Overview: Where a benefits claimant admitted to having pain at a certain time each year, she took medication for a back problem the year before, and she had been on many health or injury-related leave of absences, there was substantial evidence to support a finding that complaints after a compensable injury were related to a pre-existing condition.
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| Rhodes v. State, CACR06-1038,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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Overview: There was sufficient evidence to support a second degree murder conviction under Ark. Code Ann. § 5-10-103, even though defendant did not fire the shot that killed a club patron, because defendant's act of starting a gunfight at close range with an armed adversary manifested an extreme indifference to the lives of the people at the club.
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| Richard v. Ark. HHS, CA05-456,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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Overview: In mother's appeal of an order terminating her parental rights to her child, the court granted her attorney's motion to withdraw where the motion was accompanied by a brief listing all adverse rulings made at the termination hearing and explaining why there was no meritorious ground for reversal to each ruling. The appeal was wholly without merit.
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| Scott v. State, CA CR 06-1018,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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Overview: Motion to suppress drugs found in a box attached to the undercarriage of a truck was properly denied because a consensual search under Ark. R. Crim. P. 11.1(a) was not limited to the interior of the truck; no language was used regarding such a limitation, and defendant did not object when the officer began looking at the outside.
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| Szlemko v. State, CACR06-745,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 16, 2007, Decided
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Overview: Court properly denied defendant's motion to suppress evidence seized from his place of work where an officer testified that defendant, eager to explain himself after officers observed him viewing pictures of children on computer in drive-thru window, unlocked door and even offered them drinks. Consent was given pursuant to Ark. R. Crim. P. 11.1(a).
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| Thacker v. State, CACR06-907,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 16, 2007, Decided
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| Travis v. Death & Permanent Total Disability Trust Fund, CA06-1164,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 16, 2007, Decided
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Overview: Ten-percent wage-loss disability was upheld in a case where there was a compensable low back injury because all of the appropriate factors under Ark. Code Ann. § 11-9-522 were considered, including allegations from a vocational rehabilitation counselor that a benefits claimant lacked motivation to work.
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| Wilkins v. Food Plus, Inc. , CA06-552,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 16, 2007, Decided
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Overview: A court properly dismissed appellants' false imprisonment suit against appellees on the ground that appellants failed to show good cause in their motions for extension of time to serve pursuant to Ark. R. Civ. P. 4(i) where appellants' assertions that they were unable to obtain service of a summons that had never been issued was constructive fraud.
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