Arkansas, May, 2004, State Case law

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State Courts - Arkansas - May 26, 2004

Bradford v. State, CACR03-680, COURT OF APPEALS OF ARKANSAS, May 26, 2004, Decided
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Overview: Evidence was sufficient to support a conviction for aggravated assault, and a directed verdict was not warranted, when there was evidence that defendant used his car in a driveway in a double attempt to hit the victim and her husband.

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Carr v. Millar, CA 03-1183, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 26, 2004, Opinion Delivered
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Overview: The court affirmed the dismissal of a biological father's petition to set aside an adoption decree regarding his children, because the petition was time-barred and no evidence of fraud in the procurement of the decree was raised or proffered.

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Consumer Utils. Rate Advocacy Div. v. PSC, CA 03-222, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, May 26, 2004, Decided
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Overview: In approving agreement for gas company's request for a rate increase, public service commission had broad discretion. Attorney general argued rate increase was discriminatory for some customers, but evidence sufficiently supported the decision.

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Dickson v. Smith, CA03-599, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 26, 2004, Decided
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Overview: Where a successor guardian's second final accounting had been approved without objections in a proceeding consolidated in probate court, a decedent's daughters were precluded from inquiring into alleged misappropriation by an original co-guardian.

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Downs v. Downs, CA03-1133, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 26, 2004, Decided
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Overview: Where husband paid wife's expenses during the 28 years they were separated and parties' income did not meet both their needs, an award of no alimony and an unequal division of marital property complied with statute requiring equitable distribution.

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Ellis v. State, CACR03-938, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 26, 2004, Decided
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Overview: Although the State referred to defendant's prior convictions in the State's closing argument, the State did not appeal to the passions of the jury and defendant testified about the prior convictions; thus there was no error.

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Farmer v. State, CACR 03-1331, COURT OF APPEALS OF ARKANSAS, May 26, 2004, Decided
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Overview: Where defendant's pre-arrest statement was suppressed because it was made before Miranda rights were given, the trial court did not err by admitting defendant's post-arrest statement made after defendant was properly Mirandized.

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Hampton v. State, CACR03-801, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 26, 2004, Decided
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Overview: Re-briefing of an appeal that challenged the execution of a search warrant was ordered, where defendant did not abstract the search warrant at issue as part of the documents on appeal and the court could thus not reach the merits of the appeal.

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Harris v. Burger King, CA 03-1214, COURT OF APPEALS OF ARKANSAS, May 26, 2004, Decided
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Overview: Commission lacked substantial evidence to find employee failed to prove injury arose out of employment, where employee reported accident to co-worker and supervisor, and physician's examination, although 40 days later, was consistent with report.

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Kiesling v. Smith, CA03-177, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 26, 2004, Decided
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Overview: Because of the deficiencies in landowners' abstract, addendum, and brief, which were submitted in connection with their appeal from a quiet title action, the court was unable to address the landowners' arguments and rebriefing was ordered.

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