Arkansas, May, 2007, State Case law

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State Courts - Arkansas - May 23, 2007

Alvarado v. St. Mary-Rogers Mem. Hosp., Inc., No. CA06-1061, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 23, 2007, Decided
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Overview: Trial court did not err in dismissing patient's claim against hospital for intentional interference with business advantage under Ark. R. Civ. P. 12(b)(6) because complaint, taken as true, failed to allege improper interference; further, a conversion claim failed as the hospital's refusal to cash a draft did not equate to dominion over the funds.

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Bailey v. State, CACR06-1358, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2007, Decided
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Overview: Evidence was sufficient to support defendant's conviction for residential burglary under Ark. Code Ann. ? 5-39-201(a)(1) as (1) officer saw him putting stuff in a cooler on kitchen counter top; and (2) his intent to commit a theft could be inferred from his removing food and cooler from pantry and placing food into cooler, as if to carry it off.

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Banister v. State, CACR 06-1201, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2007, Decided
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Overview: Defendant failed to preserve for review the issue of insufficient evidence to convict him of a lesser-included offense, because defendant was required to address the lesser-included offense in his motion for directed verdict to preserve a challenge to the sufficiency of the evidence necessary for a conviction of the lesser-included offense.

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Baxter County Reg'l Hosp. v. Dixon, No. CA06-940, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2007, Decided
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Overview: Award of workers' compensation benefits was reversed and remanded because the claim was untimely as either a request for modification under Ark. Code Ann. ? 81-1326 (now Ark. Code Ann. ? 11-9-713(a)), or as a request for additional benefits under Ark. Code Ann. ? 81-1318(b) (now Ark. Code Ann. ? 11-9-702(b)).

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Boone v. Arkadelphia Sheet Metal, CA 06-1264, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2007, Decided
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Overview: The denial of additional benefits to an employee in a workers' compensation action was improper because his chronic pain stemmed from his unresolved work injury and there was no substantial evidence to have found otherwise. Additionally, reasonable persons could not have found that there was not a referral by his authorized treating physician.

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Brown v. Ark. HHS, CA06-1301, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2007, Decided
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Overview: Termination of mother's parental rights to her youngest child under Ark. Code Ann. ? 9-27-341(b)(2) was supported by clear and convincing evidence as (1) evidence was presented establishing that she dropped out of an alcohol treatment program; and (2) she had not established an independent, safe, and stable home in which she and child could reside.

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Carpenter v. Mondragon, CA06-1194, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 23, 2007, Decided
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Overview: Arkansas Workers' Compensation Commission properly awarded medical and funeral expenses to the family of deceased employee because it's finding that the employee was acting in the scope of his employment at the time of his fatal injury was supported by substantial evidence; the employee still had work to do and was at the employment location.

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Coker v. Coker, CA06-1232, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 23, 2007, Decided
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Overview: An order denying a wife's motion to increase child support was overturned and the case was remanded for further proceedings because in evaluating whether any material change in circumstances about support had occurred, the trial court should have looked back to the parties' 1997 divorce decree, which set the current amount of support.

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Dansby v. State, CACR06-1007, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 23, 2007, Decided
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Overview: Trial court did not err in denying defendant's motion for a directed verdict in a robbery prosecution under Ark. Code Ann. ? 5-12-102 because there was sufficient evidence to prove the use of physical force; defendant jerked a CD case from the victim's arm, causing a bruise, and necessitating a trip to the doctor.

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Draper v. Dub Clenney Constr., Inc., CA06-00728, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 23, 2007, Decided
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Overview: A finding against an employee in her workers' compensation action was proper because the Workers' Compensation Commission's findings of fact, conclusions of law, and opinion adequately explained the decision. Because the findings were supported by substantial evidence, the appellate court affirmed by memorandum opinion.

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