Arkansas, May, 2006, State Case law

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State Courts - Arkansas - May 24, 2006

Phillipy v. O'Reilly, CA05-1221, COURT OF APPEALS OF ARKANSAS, May 24, 2006, Decided
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Overview: Son's appeal of order appointing his ex-wife as his father's permanent guardian was dismissed for lack of jurisdiction where son did not have standing as a party to the action to bring appeal. He was neither initially, nor subsequently, a party to the trial court proceeding. He had no pecuniary interest in the matter through which to gain standing.

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Savage v. City of Little Rock, CA05-1347, COURT OF APPEALS OF ARKANSAS, May 24, 2006, Decided
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Overview: Appellate court affirmed the denial of a claim for benefits pursuant to Ark. Code Ann. ? 11-9-704(c)(1)(B) because there was no medical testimony that the claimant was impaired after surgery was performed as the treating physician opined that he could return to full duty soon afterward.

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St. Edward Mercy Med. Ctr. v. Lockhart, CA05-1375, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 24, 2006, Decided
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Overview: An employee was properly awarded total temporary disability benefits for suffering a gradual-onset injury pursuant to Ark. Code Ann. ? 11-9-102(4)(A)(ii) (Supp. 1999) where the employee suffered a back injury that was not identifiable by a specific incident; the testimony established that the injury arose out of and in the course of her employment.

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Thompson v. State, CA CR 05-1315, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 24, 2006, Decided
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Overview: The chain of custody for the State's exhibits in defendant's trial for possession of various contraband was established because there was no evidence of a break in the chain of custody, and there was no allegation nor evidence of tampering.

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White v. White, CA05-1029, COURT OF APPEALS OF ARKANSAS, May 24, 2006, Decided
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Overview: In action to increase husband's child support obligation, court did not err in allowing husband to claim tax deduction for parties' daughter because court performed the required weighing and made the findings required by Ark. Code Ann. ? 9-12-312(a)(2) when it stated that the benefit to the husband substantially outweighed the benefit to the wife.

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Williams v. State, CACR05-1064, COURT OF APPEALS OF ARKANSAS, DIVISIONS TWO AND THREE, May 24, 2006, Decided
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Overview: Conviction for being a felon in possession of a firearm under Ark. Code Ann. ? 5-73-103(a)(1) was reversed because, although defendant was a felon, the State failed to show constructive possession; despite the fact that a gun was found in a jointly occupied apartment, nothing showed that defendant had care, control, and management over the gun.

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Wilson v. Beckett, CA05-1267, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 24, 2006, Decided
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Overview: A father's contempt citation based on an alleged deprivation of visitation was dismissed because, pursuant to 28 U.S.C.S. ? 1738A(b)(4) and Ark. Code Ann. ??9-19-102(7) (2002), Missouri was the child's "home state" due to the fact that the child had resided there for more than 5 years with a mother; therefore, Arkansas was an inconvenient forum.

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