Arkansas, May, 2003, State Case law

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State Courts - Arkansas - May 14, 2003

McCullough v. State, CACR 02-578, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 14, 2003, Decided
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Overview: Defendant's flight and identification by robbery victim supported conviction. Defendant's status as a felon in possession of firearm was not preserved, as defendant changed argument from authenticated documents to sufficiency of evidence on appeal.

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Neal v. State, CACR02-1061, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 14, 2003, Decided
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Overview: Evidence was sufficient to support defendant's rape conviction; victim's testimony described in sufficient detail what she claimed transpired, and DNA extracted from the victim's body and clothing matched DNA taken from defendant's blood sample.

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Peoples Bank v. Unico Bank, F.S.B., CA02-819, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 14, 2003, Decided
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Overview: Because there was no proof that two banks entered into an unconditional agreement regarding the payment of money to release certain mortgages, a trial court's decision to deny a contract claim was not clearly erroneous.

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Pifer v. Ark. Dep't of Human Servs., CA02-1353, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 14, 2003, Decided
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Overview: A mother's parental rights were properly terminated, as she failed to make adjustments in the best interests of the children, and reasonable attempts at reunification had not been successful.

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Reeder v. State, CACR02-422, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 14, 2003, Decided
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Overview: Defendant's appeal was dismissed for lack of jurisdiction; defendant's guilty pleas were not conditionally entered, and there were no applicable exceptions to the rule against appealing from a plea of guilty that permitted appeal.

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Shead v. State, CACR 02-956, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 14, 2003, Decided
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Overview: No threats or promises were used on defendant to attain a confession. Defendant admitted at suppression hearing he knew that anything he said could be used against him. Defendant initiated second interview to make confession, and it was admissible.

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Tull v. State, CA CR 02-509, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 14, 2003, Opinion Delivered
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Overview: Testimony of defendant's daughter, who testified that defendant sexually violated her when she was a child 30 years before, was admissible both to show motive and plan; probative value of the testimony outweighed the danger of unfair prejudice.

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Turner v. State, CACR02-723, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 14, 2003, Decided
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Overview: Rule of evidence governing expert testimony did not require that State's expert's opinion as to cause of death be stated to a reasonable degree of medical certainty in order to be admissible. Thus, defendant's conviction for manslaughter was proper.

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West v. State, CA CR 02-927, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 14, 2003, Opinion Delivered
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Overview: Defendant's arrest was valid, as the officer had probable cause to believe that defendant was violating a protection order. Witness testimony was not hearsay as it was offered to explain why the officers were investigating the parked car.

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