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   State Courts - Arkansas - June 6, 2001

  
Anderson v. Anderson, CA00-1125, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2001, Decided
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Overview: Trial court erred in granting mother's directed verdict motion upon father's motion for change of custody. Lack of proper dental care and mother's illicit sexual and promiscuous conduct was presumed detrimental to child.

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Armstrong v. State, CACR 00-1278, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 6, 2001, Decided
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Overview: Appellant violated a condition of his suspended sentence. Violation was caused by his own conduct. Thus, trial court properly revoked his probation. Also, sentence was within the applicable statutory range and was affirmed.

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Avett v. State, CACR 00-911, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 6, 2001, Decided
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Overview: Appellant's counsel learned of discovery violation when officer testified, but did not object at the first opportunity. Thus, counsel's argument was not preserved for appellate court's review and the conviction was affirmed.

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Berry v. State, CA CR 00-1004, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 6, 2001, Decided
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Overview: Driving while under the influence conviction affirmed; use of prior convictions that occurred before the sentencing enhancement statute was enacted to enhance the penalties did not violate the prohibition against ex post facto law.

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Box v. State, CA CR 00-802, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, June 6, 2001, Opinion Delivered
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Overview: Trial court violated defendant's right to a fair trial when it forced him to appear at trial in his prison uniform, and erred by admitting letter he allegedly wrote without properly laying foundation as to its authenticity.

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Coran Auto Sales v. Harris, CA 00-1058, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2001, Decided
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Overview: Trial court erred in substituting revocation of acceptance as an issue where buyer alleged fraud in the sale of a car, and awarding judgment thereon. Court could not base judgment in favor of a party on theory which they had not pled.

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Dillehay v. State, CA CR 00-1205, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 6, 2001, Decided
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Overview: Denial of directed verdict on charges of aggravated assault and carrying a weapon proper where defendant pointed a gun at another person and officer found loaded, unlicensed gun in defendant's vehicle and in her possession with the safety off.

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Dinger v. Keith Watercare, Inc., CA 00-1024, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2001, Decided
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Overview: Evidence that physical therapy was not helping injured worker and worker's healing period was over supported finding that worker did not prove entitlement to continued temporary total worker's compensation benefits or further medical treatments.

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Dodson v. State, CACR00-1160, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 6, 2001, Decided
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Overview: Evidence was sufficient to convict defendant when defendant's own wife affirmed the fact that methamphetamine had been manufactured in defendant's trailer.

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Dubose v. City of Sherwood Police Dep't, CA00-1211, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2001, Decided
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Overview: Circuit court did not err upholding former police officer's termination due to theft charges, despite his subsequent acquittal. Lack of guilt beyond a reasonable doubt was not equivalent to preponderance of the evidence standard.

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