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   State Courts - Arkansas - May 28, 2003

  
Lawhon Farm Servs. v. Mason, CA 02-1348, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 28, 2003, Decided
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Overview: Workers' Compensation Commission did not err when it found that employee sustained compensable injury, where his supervisor admitted in his testimony that the employee told him that he pulled a muscle and was going to see the safety director.

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Martine v. State, CACR02-886, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 28, 2003, Decided
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Matthews v. State, CA02-1393, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 28, 2003, Decided
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Overview: Evidence was sufficient to support defendant's adjudication of delinquency on the charge of battery in the third degree. Defendant meant to throw the complainant to the ground and pinch her, which caused bruises lasting three days.

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Merritt v. State, CA CR 02-808, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 28, 2003, Opinion Delivered
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Overview: Because defendant's could be found guilty of first-degree and second-degree assault if defendant acted recklessly, defendant was not entitled to justification instructions with regard to those charges.

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Moore v. State, CACR02-1082, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 28, 2003, Decided
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Overview: Where defendant failed to renew his directed verdict motion at the conclusion of all the evidence, and his sufficiency of the evidence challenges to his convictions were waived.

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Northport Health Servs. v. Owens, CA 02-875, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 28, 2003, Opinion Delivered
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Overview: Wrongful discharge and defamation verdicts and damages awards against an employer and its director were upheld, as supported by the evidence of sufficient publication, injury to the employees' reputations, and outside of any applicable privilege.

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Pat Salmon & Sons, Inc. v. Secrest, CA02-1209, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 28, 2003, Decided
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Overview: Evidence that a worker was able to perform his job and bowl prior to injuring his back was sufficient to support workers' compensation award despite a preexisting injury. Interest was payable from date of initial denial of claim by ALJ.

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Rebsamen v. Rebsamen, CA 02-1384, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 28, 2003, Opinion Delivered
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Overview: Trial court did not clearly err in establishing specific visitation schedule regarding mother's and father's son after it granted relocation to mother, who moved out of state; father got to spend significantly less time with son than mother.

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Roberts v. State, CACR02-830, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 28, 2003, Decided
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Overview: Where defendant's appellate counsel failed to abstract, in any meaningful way, material parts of the testimony from the hearing that were necessary for a full understanding of the questions presented on appeal, re-briefing was ordered.

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Roper v. Quail Buster, Inc., CA 02-1218, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 28, 2003, Decided
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Overview: Where person suffered injuries in a work-related hunting accident and reached a settlement with the tortfeasor's insurers, the court erred in holding the injured person was made whole and that the workers' compensation insurer could assert a lien.

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