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   State Courts - Arkansas - June 13, 2001

  
Lee v. Martin, CA 00-1247, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 13, 2001, Decided
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Overview: Appellant's friend had no reason to anticipate acceleration of vehicle would create a risk of harm, namely a tire explosion. There was no proof tire manufacturer created a defective tire or provided insufficient warnings against explosion.

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Lewis v. State, CACR 00-1293, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 13, 2001, Decided
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Overview: Defendant challenging probation revocation did not move for dismissal at close of all evidence, so sufficiency of evidence was not preserved for review. Revocation was not clearly against preponderance of evidence.

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Matthews v. Spencer, No. CA00-766, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 13, 2001, Opinion Delivered
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Overview: Even though the parties did not raise the issue of the appellate court's jurisdiction to consider an appeal of a motion denied by operation of law, the failure to timely file an amended notice of appeal meant no issues were preserved for review.

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Moore v. Wausau Ins. Co., CA 00-1282, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 13, 2001, Decided
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Overview: As workers' compensation commission's order approving settlement was not final, as it did not specify the medical expenses to be paid, or set out a specific award as to those expenses, the court lacked jurisdiction to enforce the settlement.

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Polk County v. Jones, CA 00-1195, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, June 13, 2001, Decided
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Overview: The court held the commission's extrajudicial review of the AMA Guides was permissible, and necessary, and the eight-percent permanent impairment rating assigned by the commission was supported by substantial evidence.

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Sanders v. Wal-Mart Stores, Inc., CA00-1385, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 13, 2001, Decided
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Overview: Commission's finding that the employee failed to prove entitlement to a permanent partial impairment rating based on the lack of objective medical findings on which to assess an appropriate impairment rating was affirmed.

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Smith v. State, CACR 00-806, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 13, 2001, Decided
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Overview: Motion for directed verdict in burglary and theft prosecution appropriate where accomplice's testimony was corroborated by other evidence tending to connect defendant to offenses, and search warrants were valid.

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State Alcoholic Bev. Control v. Muncrief, CA 00-721, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 13, 2001, Decided
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Overview: Liquor store owner had no standing to contest granting of permit to sell beer to grocery store because she did not specifically allege how she sustained, or was in immediate danger of sustaining, injury as result of permit grant.

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Strickland v. State, CA CR 00-1061, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE, TWO AND FOUR, June 13, 2001, Decided
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Overview: Trial court did not abuse its discretion in dismissing a sworn juror when detective testified that he had arrested juror's son and that there had been an unpleasant situation between the detective and the juror.

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Vaughan Tire Co. v. Hendrix, CA00-1392, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 13, 2001, Decided
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Overview: Because the workers' compensation commission, after finding a causal connection between the employment and the injury, remanded to the ALJ for a determination of benefits, the order was not a final, appealable order.

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