Arkansas, September, 2002, State Case law

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State Courts - Arkansas - September 4, 2002

Bell v. State, CACR01-832, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 4, 2002, Decided
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Overview: No error occurred in not ordering disclosure of confidential informant's identity as informant merely supplied information leading to issuance of search warrant and evidence showed defendant possessed drug paraphernalia in location described.

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Brown v. Ruallam Enters., CA01-1423, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 4, 2002, Decided
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Overview: Where the company failed to provide evidence of the net profits it lost, the appellate court reversed the trial court's judgment and awarded damages based on the amount by which the design corporation was unjustly enriched.

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Buchanan v. State, CACR 01-1067, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, September 4, 2002, Decided
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Overview: Rape defendant's argument that the rape shield statute, as applied, denied him the opportunity to present relevant testimony failed, where defendant did not follow the statutory procedure for determining the admissibility of such evidence.

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Flowers v. State, CACR 01-977, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 4, 2002, Decided
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Overview: Trial court was within its discretion, during voir dire, to permit State to discuss differences between direct and circumstantial evidence and actual versus constructive possession using hypothetical questions with unrelated factual scenarios.

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Green v. Dir., E01-239, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, September 4, 2002, Decided
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Overview: Without contacting his former employer, a temporary service, former employee filed for unemployment benefits; thus, there was substantial evidence to support a finding that he voluntarily left his last work without good cause connected to the work.

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Linebarger v. Owenby, CA 01-1206, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 4, 2002, Decided
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Overview: In an action for the wrongful cutting of trees on plaintiffs' property, the trial properly declined to award plaintiffs the replacement value of the trees; replacement value would have been disproportionate to the land value.

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McNeil v. Lillard, CA 01-1362, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 4, 2002. Decided
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Overview: Because appellant failed to abstract an item essential to the understanding of her appeal, the appellate court had to allow rebriefing before summarily affirming the trial court's judgment granting partial summary judgment in favor of appellees.

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Nash v. State, CACR 01-927, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 4, 2002, Decided
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Overview: Defendant's felon in possession of firearm conviction was affirmed where mistrial was properly denied because jury was aware of prior convictions and jail statement was not prejudicial, and defendant withdrew witness unavailability objection.

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Phillip Morris USA v. James, CA 02-76, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 4, 2002, Decided
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Overview: Workers' compensation commission properly determined employer was not entitled to credit for medical benefits paid or to be paid in the future on the claimant's behalf as third party's settlement with claimant did not "make whole" the claimant.

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Pierce v. State, CACR 01-1287, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 4, 2002, Decided
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Overview: Defendant knew that the other people in his house were in possession of cocaine and selling it and he accepted crack from them. Thus, there was substantial evidence to support the conclusion that he was in constructive possession of the cocaine.

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