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| Atchison v. State, CACR06-1267,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 6, 2007, Decided
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Overview: A trial court did not err in revoking defendant's suspended sentences where evidence showed his involvement in one attempted burglary and two completed burglaries; he was seen with pickax in hand at a place where a hole had been made in a building, and other tools capable of being employed to gain entry by breaking were found where he was standing.
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| Bailey v. McRoy, CA06-878,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 6, 2007, Decided
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Overview: The granting of a driver's motion for a new trial in an action stemming from an automobile accident was improper because the evidence was conflicting and the jury resolved the evidence in the other driver's favor. The verdict was not clearly against the preponderance of the evidence.
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| Bennett v. State, CACR06-1279,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 6, 2007, Decided
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Overview: There was sufficient evidence for defendant's conviction of robbery, violation of Ark. Code Ann. §§ 5-12-102(a) and 5-12-101; inter alia, witness's testimony established defendant employed physical force against victim and defendant did not argue at trial that testimony witness gave following defendant's sustained objection was improperly admitted.
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| Cedar Chem. Co. v. Knight, CA06-538,
COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, June 6, 2007, Decided
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Overview: Workers' compensation benefits were properly awarded to an employee where the employee's knee injury was accidental under Ark. Code Ann. § 11-9-102(4)(A)(I); there was uncontradicted evidence that the employee had to climb the stairs regularly. There was no dispute that the employee did not have any problems with his knee when he started his shift.
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| Clemons v. State, CACR06-1189,
COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 6, 2007, Decided
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Overview: There was substantial evidence to support defendant's conviction of delivery of a controlled substance, a violation of Ark. Code Ann. § 5-64-401(a); inter alia, officer and informant testified that defendant sold informant crack cocaine and DVD of the transaction depicted bottom portion of a tattoo on right arm of seller that matched defendant's.
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| Davis v. State, CACR 06-1367,
COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 6, 2007, Decided
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Overview: Trial court did not err in denying defendant's motion to suppress on basis that traffic stop was not completed at time that canine sniff was conducted where testimony of arresting officer revealed that although he made no specific request to do so, defendant encouraged him to "go ahead and use your dog" well within the time limits of traffic stop.
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| Dee v. Dee, CA06-1163,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2007, Decided
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Overview: Husband was entitled to reversal of a divorce decree granted on the ground of general indignities; although the husband waived corroboration of grounds and failed to object to the sufficiency of proof of grounds at trial, the wife was required to offer sufficient, non-conclusory proof of grounds, which she failed to do.
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| Dobbs v. Dobbs, CA06-1037,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 6, 2007, Decided
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Overview: Court of appeals did not have jurisdiction under Ark. R. App. P. Civ. 2(a)(1) to hear wife's appeal as final order had not been entered by trial court when it conditionally granted order of protection against husband but made it contingent upon his paying costs with the wife being allowed to "assist" him, a violation of Ark. Code Ann. § 9-15-202.
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| Eppes v. Ark. Homecare, Inc. , CA06-1148,
COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 6, 2007, Decided
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Overview: An employee's claim for additional medical treatment for a head injury was properly denied where the employee failed to prove that additional medical treatment was reasonable and necessary under Ark. Code Ann. § 11-9-508(a); the employee's testimony was not consistent with the medical records, which reported that his condition had improved.
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| Ester v. State, CACR06-1247,
COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2007, Decided
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Overview: Store manager testified that defendant concealed tire cleaner in his coat and that he employed force on the manager and a coworker in his effort to leave the store with the tire cleaner. Thus, substantial evidence supported his robbery conviction under Ark. Code Ann. § 5-12-102(a), and his motion to dismiss the robbery charge was properly denied.
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