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   State Courts - Arkansas - May 30, 2007

  
Greenfield v. ConAgra, CA06-1339, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 30, 2007, Decided
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Overview: The denial of additional benefits to an employee for surgery to treat her injuries in a workers' compensation action was proper because only one out of four doctors stated that the employee needed surgery. Further, the lack of postsurgical improvement was additional evidence that the surgery was not reasonably necessary.

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Henson v. GE, CA06-1356, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 30, 2007, Decided
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Overview: Arkansas Workers' Compensation Commission did not err under Ark. Code Ann. § 11-9-411(a) in allowing the Arkansas Second Injury Fund to receive credit for disability benefits against any workers' compensation payments where employee conceded that his long-term-disability benefits fit within definition of group-disability policy under § 11-9-411(a).

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Jackson v. State, CACR06-189, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 30, 2007, Decided
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Jefferson v. State, CACR06-1137, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 30, 2007, Decided
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Overview: In rape and residential burglary case, under Ark. R. Evid. 401 and 402, trial court did not err in finding relevant detective's testimony concerning the presence of pry marks on the door of victim's home because the defense at trial was that sex with victim was consensual and evidence of forced entry would be probative of whether victim consented.

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Kim v. Leggett, No. CA 06-1244, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 30, 2007, Opinion Delivered
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Overview: In case involving real estate transaction, sellers were properly granted summary judgment on buyers' breach of contract, fraudulent concealment, and negligence claims because buyers did not show existence of duty on sellers' part to disclose business records concerning gas-line reports and records of prior repairs under terms of parties' contract.

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McBride v. State, No. CACR06-1158, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 30, 2007, Opinion Delivered
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Overview: Evidence supported defendant's convictions for second-degree unlawful discharge of firearm from vehicle, Ark. Code Ann. § 5-74-107(b)(1), as (1) witnesses saw gunfire from black vehicle; and (2) when vehicle was searched, no other individual was found, and a gun casing, matching gun that defendant threw out of vehicle's window, fell out of his lap.

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Owen v. Quarles, CA06-485, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, May 30, 2007, Decided
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Overview: Where the ex-husband bought the ex-wife a grandfather clock, a china cabinet, and two leather recliners during the marriage, these items were her separate property; the circuit court erred by finding that the items were marital property. Because tracing was difficult, the court was justified in declaring the parties' house to be marital property.

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Patterson v. State, CACR06-736, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, May 30, 2007, Decided
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Overview: Trial court did not err in revoking defendant's probation pursuant to Ark. Code Ann. § 5-4-309 as there was evidence he had committed several criminal offenses, including aggravated robbery and first-degree battery, and by his testimony alone he demonstrated his knowledge of at least some of conditions of his probation and his violation of them.

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Phillips v. Ark. HHS, CA 07-84, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, May 30, 2007, Decided
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Overview: Termination of a father's parental rights under Ark. Code Ann. § 9-27-341 was proper because the children were taken from the father's custody because they had not been given appropriate housing, the father moved frequently and did not secure appropriate housing, and the father was behind in his obligation to support his children.

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Plunkett v. State, CACR06-1064, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, May 30, 2007, Decided
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Overview: As no motion requesting crime lab analyst's presence at trial appeared in record, defendant's confrontation right, Ark. Code Ann. § 12-12-313, was waived. Revocation of probation and suspension of sentence petition was properly not dismissed as he did not show that hearing was not held within 60 days of his arrest, Ark. Code Ann. § 5-4-310(b)(2).

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