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   State Courts - Arkansas - June 13, 2001

  
Bryant v. State, CACR00-1284, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 13, 2001, Decided
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Overview: Appeal from conviction for commercial burglary affirmed where defendant failed to preserve sufficiency of evidence challenge by moving for dismissal at close of evidence by addressing lesser-included offense in directed verdict motion.

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Bush v. State, CACR00-1435, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 13, 2001, Decided
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Overview: Evidence presented in prosecution for aggravated robbery was sufficient to support conviction where defendant was an accomplice of another person in the commission of the offense.

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Calloway v. State, CACR00-1317, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 13, 2001, Decided
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Overview: Trial court's failure to make inquiry into whether defendant was competent to proceed pro se was not clearly erroneous as defendant was not incarcerated, only fined for charge of harassing communications.

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Columbia Mut. Ins. Co. v. Home Mut. Fire Ins. Co., CA 00-1154, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 13, 2001, Decided
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Overview: Statutory provisions specifying amount of notice given to mortgagee when insurance policy was cancelled applied only to insurers and not to policyholders who unilaterally cancelled policy.

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Dallas County Hosp. v. Daniels, CA 00-1403, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 13, 2001, Opinion Delivered
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Overview: Substantial evidence existed to support workers' compensation commission's finding that employee proved an intradiscal electrothermal treatment was reasonably necessary to treat her compensable back injury.

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DeWitt v. Johnson, CA00-1240, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 13, 2001, Decided
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Overview: Trial court held that counsel had authority to settle case. Appellate court held that the order was not appealable because it did not determine the action. Thus, the matter was ongoing and trial court dismissed the appeal.

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Engebretson v. State, CACR00-1330, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 13, 2001, Decided
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Overview: Trial court did not err in failing to strike appellant's statement from the record regarding the victim's sexual relationship with her boyfriend, as appellant made no motion to strike the remark; thus, it remained part of the record.

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Haygood P'ship v. Whisenant, CA 00-1253, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 13, 2001, Decided
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Overview: Because there was substantial evidence that employee suffered no incapacity to earn wages during the six years between his work-related accident and his injury diagnosis by a doctor, the limitations period for benefit purposes was not triggered.

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Hernandez v. State, CACR 00-1413, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 13, 2001, Decided
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Overview: Trial court properly refused to allow appellant's counsel to inform jury during closing argument of guilt phase of trial that convicting appellant of charged felony would eliminate the possibility of recommending a suspended sentence.

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Johnson v. State, CACR 00-1194, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 13, 2001, Decided
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Overview: Defendant, convicted of assault, failed to provide abstract to appellate court for review. Even if the court were to reach merits of defendant's appeal, evidence was sufficient to sustain conviction.

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