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   State Courts - Arkansas - May 12, 2004

  
McClina v. State, CACR03-1002, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 12, 2004, Decided
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Overview: Uncorroborated accomplice testimony was insufficient to support defendant's conviction for residential burglary and theft of property. Proof merely placing defendant near the crime scene was not sufficient to corroborate the accomplice's testimony.

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Miller v. Ark. Dep't of Human Servs., CA 03-676, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 12, 2004, Decided
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Overview: The trial court properly found it to be in the child's best interest to order a change of custody from the mother to the father. There had been a material change in circumstances, physical abuse of the child's brother, which supported a change.

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Miller v. Hometown Propane Gas, Inc., CA 02-1044, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 12, 2004, Decided
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Overview: In a negligence action involving a propane explosion, the propane company's owner was qualified as an expert witness because of his experience in propane delivery, and the use of a cigarette lighter as a demonstrative aid was not error.

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Pitts v. Supermarket Investors, Inc., CA03-1151, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 12, 2004, Decided
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Overview: Appellate court affirmed the commission's denial of workers' compensation benefits to the employee as neither the medical nor the non-medical evidence established a causal link between the employee's incident at work and her back problems.

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Real Estate Dev., Inc. v. Fryar, CA03-1106, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 12, 2004, Decided
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Overview: The circuit court did not err in granting the owners' motion for judgment on the pleadings, where the corporation's claims for specific performance were barred by the agreement and release executed by the parties.

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Roberts v. Ark. Dep't of Human Servs., CA03-1390, COURT OF APPEALS OF ARKANSAS, May 12, 2004, Decided
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Overview: The trial court did not err in terminating parental rights to a child where the evidence demonstrated that a state agency provided all appropriate necessary services, and the parents failed to take advantage of the services offered.

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Smith v. Benton, CA 03-820, COURT OF APPEALS OF ARKANSAS, May 12, 2004, Decided
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Overview: In father's appeal of denial of modification of child custody order, judgment was affirmed; trial judge found it would be detrimental to the child to be placed in the father's custody because his behavior was weird, strange, and possibly perverse.

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Snyder v. State, CACR 03-948, COURT OF APPEALS OF ARKANSAS, May 12, 2004, Decided
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Overview: Where defendant entered the victim's house uninvited, and money was missing from the victim's home after defendant left, and a similar amount of money was found on defendant the same day, the evidence was sufficient to convict him of burglary.

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Strickland v. State, CACR03-1063, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 12, 2004, Decided
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Overview: On drug defendant's appeal from revocation of suspended sentence, judgment was affirmed; the State presented sufficient evidence to prove by a preponderance of the evidence that defendant constructively possessed drug paraphernalia.

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Vinson v. Ritter, CA 03-760, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 12, 2004, Opinion Delivered
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Overview: Summons was incorrectly dated to a date preceding the filing of the complaint, and the summons incorrectly stated that the doctor had only 20 days to answer rather than 30 days. Due to defective service, dismissal was proper. Estoppel did not apply.

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