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   State Courts - Arkansas - July 5, 2002

  
Ballard v. Advance Am., 01-1190, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Overview: Where intervenors attempt to intervene in class action lawsuit was not timely, and intervenors also failed to opt out of settlement, intervenors did not have standing to appeal the approval of class settlement.

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Ballard v. Advance Am., 01-1182, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Ballard v. Martin, 01-1185, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Overview: Even though the class could have received more in the settlement, and even though the settlement was entered into in a hurried fashion, this was not evidence of collusion, and the trial court properly approved the settlement.

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Chavers v. GMC, 01-1410, SUPREME COURT OF ARKANSAS, July 5, 2002, Decided
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Overview: Where wife filed wrongful-death action, alleging exposure to asbestos from brake products caused her husband's death from malignant mesothelioma, it was not error for court to apply frequency, regularity, and proximity test to determine causation.

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Dillard v. State, 02-2, SUPREME COURT OF ARKANSAS, July 5, 2002, Decided
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Edmond v. State, No. CR 01-1050, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Froelich v. Graham, 01-1310, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Overview: Refusing to impose an attorney's lien on a settlement check that the attorney's client gave to her boyfriend was error. The lien was not defeated by the client transferring the check. There was no notice required to enforce an attorney's lien.

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Henderson v. State, CR 01-1299, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Overview: Defendant's first degree murder conviction was affirmed where he failed to make affirmative showing defense was unaware of alleged juror misconduct until after trial, and denial of accomplice liability instructions did not violate due process.

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Jegley v. Picado, 01-815, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Overview: An Arkansas statute criminalizing specific acts of private, consensual sexual intimacy between persons of the same sex was declared unconstitutional.

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Moseley v. State, CR 01-1427, SUPREME COURT OF ARKANSAS, July 5, 2002, Opinion Delivered
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Overview: Statutory interpretation provided that a trial court could sentence defendant to a term of imprisonment in the Department of Correction, upon a finding of guilt and revocation of his probation, for violating his probation.

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