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| Atkinson v. Knowles, CA 02-1257,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 21, 2003, Opinion Delivered
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Overview: Trial court did not err when it found that, under statute, a niece was the owner of content's of her deceased uncle's safety deposit box where, even though his will had not been probated, a copy of his unprobated will named her as sole beneficiary.
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| Avaya (Lucent Techs.) v. Bryant, CA 02-1122,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 21, 2003, Decided
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Overview: Where employee was given a whole body physical impairment rating for shoulder injury, an analysis of the AMA's Guides to the Evaluation of Permanent Impairment (AMA Guides) was required. The commission applied the proper tables under the AMA Guides.
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| BAAN, United States v. USA Truck, Inc., CA 02-1137,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 21, 2003, Opinion Delivered
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Overview: Trial judge erred as matter of law in denying company's request to enforce forum-selection clause where, inter alia, the contract was signed directly under forum-selection clause and there was no objection on part of buyer to forum-selection clause.
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| Burmeister v. Richman, CA 02-899,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 21, 2003, Decided
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Overview: Trial court did not err in imposing constructive trust, where confidential relationship existed between elderly homeowner and couple who befriended her and were added to deed of her house and also had access to her bank accounts and credit cards.
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| Conic v. State, CACR 02-1120,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 21, 2003, Decided
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Overview: Even if the evidence had been insufficient to show defendant violated his probationary conditions by possessing a gun and committing a crime, there was sufficient evidence he did not report to his probation officer or perform community service.
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| Dayberry v. State, CACR 02-301,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 21, 2003, Decided
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Overview: Decision requiring defendant to represent himself at probation revocation hearing was error; defendant was aware he had a right to counsel, but trial court did not inform him of desirability of having counsel or drawbacks of not having counsel.
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| Gamble v. State, CA CR 02-965,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 21, 2003, Opinion Delivered
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Overview: Front passenger's conviction for constructive possession of gun was reversed where, though gun was under his seat, it was more readily available to driver, but rear passenger's conviction upheld as he had proximity to gun and behaved suspiciously.
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| Goforth v. State, CACR02-1035,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 21, 2003, Decided
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Overview: Evidence was sufficient to convict defendant of arson, where, inter alia, there was testimony he stated he would burn house, State's expert testified that accidental causes had been ruled out, and defendant took sentimental items from the house.
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| Hudson v. Cook, CA 02-263,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 21, 2003, Opinion Delivered
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Overview: Where a boundary dispute erupted, and one party had the lessee's farm machinery towed away, the lessee of 56 acres, succeeded in obtaining a judgment for conversion, lost profits or loss of business expectancy, and punitive damages of $ 250,000.
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| Jones v. State, CA CR 02-1123,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 21, 2003, Opinion Delivered
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Overview: Trial court did not err in admitting State's exhibits concerning marijuana, where there was a discrepancy in weight as stated in the police report and the crime lab report, as the police weighed the marijuana and the bags with all its contents.
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