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   State Courts - Arkansas - June 5, 2002

  
Cook v. ALCOA, CA01-656, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 5, 2002, Decided
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Overview: Denial of workers' compensation benefits for hearing loss, based on statute of limitations and failure to show estoppel by virtue of employer's conduct, was affirmed. Statute of limitations was two years from first awareness of hearing loss.

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Daniel v. Barnett, CA 01-876, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, June 5, 2002, Decided
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Overview: Employer's and insurer's workers' compensation appeal was dismissed as order appealed from was not final. Commission had determined entitlement to treatment and temporary total disability, but had remanded permanent disability question to ALJ.

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Daniel v. Barnett, CA 01-876, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, June 5, 2002, Decided
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Davis v. State, CACR 01-1073, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 5, 2002, Decided
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Overview: Convictions for terroristic act, aggravated assault, and attempted murder were upheld. Defendant failed to preserve for review question of sufficiency of evidence by failing to renew motion for directed verdict after State's rebuttal testimony.

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Deboer v. Entergy Ark., Inc., CA01-1223, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 5, 2002, Decided
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Overview: Because the utility company's contractor's cross-claim against the utility company was not dismissed, nor was a certification made, the order was not final or appealable.

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Jiles v. State, CA CR 01-1042, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 5, 2002, Opinion Delivered
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Overview: Defendant's prior misdemeanor convictions were clearly presented to the jury only as relevant evidence admissible during the penalty phase; trial court did not abuse its discretion in allowing them to be presented to the jury.

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Johnson v. Cross Oil Ref. & Mktg., CA01-405, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 5, 2002, Decided
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Overview: Trial court improperly applied collateral source rule in allocating proceeds of a wrongful death settlement and decedent's workers' compensation benefits should have been considered in determining the beneficiaries' shares of the settlement.

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Macmillan Bloedel Containers v. Wylie, CA 01-1273, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 5, 2002, Decided
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Overview: Employer was estopped from denying claims for benefits for hospitalization for infection after knee injury, as workers' compensation commission was entitled to rely on doctor's opinion and employee did not fully recover until hospitalization.

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Morris v. State, CACR01-1153, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 5, 2002, Decided
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Overview: There was substantial evidence that the defendant delivered the cocaine introduced as State's exhibit one to the informant; the trial court properly denied defendant's motion for directed verdict.

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Morris v. State, CACR01-1056, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 5, 2002, Decided
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Overview: The trial court erred in refusing to give jury instructions on the lesser-included offenses of second-degree murder and manslaughter, as there was evidence that defendant shot to protect himself and did not intend to kill anyone.

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