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   State Courts - Arkansas - May 25, 2005

  
Stokes v. State, CACR04-1075, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 25, 2005, Decided
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Overview: Where the victim and her sister testified that defendant hit the victim outside of a convenience store, causing her a black eye and a cut to her hand, substantial evidence supported defendant's conviction for third-degree battery under Ark. Code Ann. ? 5-13-203(a)(1-3) (Repl. 1997).

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Swaim v. Wal-Mart Assocs., CA 04-1116, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 25, 2005, Opinion delivered
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Overview: In workers' compensation matter, Workers' Compensation Commission erred in denying benefits because there was no evidence to support finding that an employee's broken foot was idiopathic and noncompensable under Ark. Code Ann. ? 11-9-102 (2002); evidence did not support conclusion that employee's diabetes made him predisposed to broken bones.

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Thomason v. State, CA CR 04-667, COURT OF APPEALS OF ARKANSAS, DIVISIONS FOUR AND ONE, May 25, 2005, Decided
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Overview: Where defendant was found in his home in possession of marijuana, but none of the four firearms on his property was loaded, he was not in possession of a firearm that was readily accessible for use; therefore his conviction for simultaneous possession of drugs and firearms was reversed.

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Walters v. U.S. Timber Co., CA 04-1326, COURT OF APPEALS OF ARKANSAS, May 25, 2005, Decided
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Overview: Arkansas Workers' Compensation Commission failed to make specific findings of fact, as required by Ark. Code Ann. ? 11-9-207(a)(5), in regard to the worker's physician's medical notes surrounding the worker's bilateral pronator-tunnel release surgeries; therefore, the case was reversed and remanded to the commission for specific findings of fact.

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Wilson v. State, CACR04-1288, COURT OF APPEALS OF ARKANSAS, May 25, 2005, Decided
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Overview: The record did not support a finding that the State's witness was an accomplice under Ark. Code Ann. ? 5-2-403 where there was no proof that he was charged or arrested on the theft-by-receiving charge and there was no proof that he encouraged defendant in committing the crime. Substantial evidence supported defendant's conviction.

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