Arkansas, June, 2007, State Case law

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State Courts - Arkansas - June 6, 2007

Parkerson v. McMurtrey, CA06-978, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 6, 2007, Decided
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Pittman v. State, CACR06-1120, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, June 6, 2007, Decided
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Overview: Defendant was not entitled to suppression of evidence seized from his vehicle after it was impounded following his arrest for assault of his ex-wife in her apartment because police had good cause to impound vehicle after defendant's violent crime and were justified in searching vehicle as caretaking function under Ark. R. Crim. P. 12.6(b).

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Porter v. State, CACR06-1123, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 6, 2007, Decided
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Overview: In a case where defendant told police he stabbed victim in self-defense, under Ark. Code Ann. ?? 5-10-104(a)(3) and 5-2-614(a), evidence was sufficient to support his conviction for manslaughter because (1) manslaughter did not require a finding that he acted purposely; and (2) justification was not available as a defense where he acted recklessly.

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Single Source Transp., Inc. v. Kent, CA06-1376, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 6, 2007, Decided
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Overview: Workers' compensation commission erred in finding claim was not barred by Ark. Code Ann. ? 11-9-702(b) and awarding benefits because claimant obtained treatment for his shoulder on March 13, 2002, within one year of the December 2001 order of dismissal; instead, commission should have made finding as to last date of payment of compensation.

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Snowden v. Poulan/Weedeater, CA06-1013, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 6, 2007, Decided
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Overview: Court dismissed appeal from an order of the Arkansas Workers' Compensation Commission as frivolous because the claimant relied upon Ark. R. Civ. P. 60(c)(4) in seeking to have a prior joint petition settlement order set aside and the Arkansas Rules of Civil Procedure did not apply to proceedings before the Commission.

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Willis v. Daniels, CA06-1333, COURT OF APPEALS OF ARKANSAS, June 6, 2007, Decided
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Overview: Former property owner's appeal of adverse summary judgment in her action to set aside a tax sale and to redeem property under Ark. Code Ann. ? 26-37-305(a) was dismissed because summary judgment was not a final order under Ark. R. App. P. Civ. 2(a) in that counterclaim was not adjudicated and there was no certification under Ark. R. Civ. P. 54(b).

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