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   State Courts - Arkansas - June 2, 2004

  
Payne v. McExpress, Inc., CA03-1368, COURT OF APPEALS OF ARKANSAS, June 2, 2004, Decided
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Overview: Considering lack of evidence establishing causal connection between work incident and a claimant's physical problems, plus the fact that the claimant had a related pre-existing condition, a denial of worker's compensation benefits was proper.

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Schueller v. Schueller, CA 03-486, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 2, 2004, Opinion Delivered
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Overview: Trial court did not err in dismissing husband's petition for quarterly accounting of child support payments, where he failed to demonstrate accounting was warranted; he paid $ 570 per month and wife paid $ 250 per month for medical insurance alone.

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State v. Graydon, CA 03-489, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 2, 2004, Opinion Delivered
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Overview: Trial court erred in granting defense motion to transfer rape case to juvenile division: defendant was 17 when he committed rape, he caused tear in 14 year-old victim's vaginal area requiring surgery and hospitalization, and he had a prior offense.

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Top Quality Badges, Inc. v. Smith, CA03-384, COURT OF APPEALS OF ARKANSAS, June 2, 2004, Decided
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Overview: The trial court's order granting summary judgment was not a final, appealable order, where it did not address one of the parties' counterclaims.

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Tucker v. Tucker, CA03-1312, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 2, 2004, Decided
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Overview: Appellate court reversed suspension of mother's visitation rights; as more than a year had passed since initial suspension, alternative means to overnight visitation were to be considered despite problems in the mother-child relationship.

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Williams v. State, CACR03-1056, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 2, 2004, Decided
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Overview: Although defendant's information and judgment referred to the wrong enhancement statute, the jury instructions and oral instructions of the trial court revealed its intention to enhance under another statute and was not an illegal sentence.

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Witcher v. McGhee, CA 03-1231, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 2, 2004, Opinion Delivered
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Overview: Trial court did not err in refusing to grant day care operators new trial on issues of waiver and estoppel, as the appellate court did not intend to require the trial judge to conduct a new trial, or it would have expressly directed him to do so.

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