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   State Courts - Arkansas - June 16, 2004

  
Claiborne v. State, CACR03-1108, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 16, 2004, Decided
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Overview: In a criminal appeal, the court would not review defendant's argument that the trial judge erred in allowing the introduction of a "sex offender risk assessment;" his argument on appeal did not comport with his objection at trial.

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Eades v. Eades, CA03-371, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 16, 2004, Decided
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Overview: It was not error for the trial court to find the wife in contempt of court for violating an earlier order about custody, because there was evidence that the wife did not refrain from discussing the custody situation with the child.

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Gibson v. Gibson, CA 03-757, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE, TWO AND THREE, June 16, 2004, Opinion Delivered
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Overview: Trial court properly accepted wife's explanation that request for admissions were not timely answered as she did not receive them at time other papers were served. Finding that boyfriend was not a member of wife's household was not clearly erroneous.

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Greene v. Logue, CA 03-1027, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 16, 2004, Decided
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Overview: The trial court properly found that the decedent possessed the mental capacity to exercise reasonable judgment; therefore, the conveyance of her property to the beneficiary was not in error and the deed was not set aside.

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Hobbs v. Lotsip, Inc., CA03-404, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 16, 2004, Decided
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Kimbrell v. State, CACR 03-1022, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 16, 2004, Decided
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Overview: Defendant's conviction for simultaneous possession of drugs and a firearm was affirmed, because defendant had not properly preserved the issue challenging sufficiency of the evidence by filing a motion for a directed verdict before the trial court.

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Lewis v. Lewis, CA 03-1168, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, June 16, 2004, Opinion delivered
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Overview: Matter was remanded to trial court for consideration of the husband's asserted defenses of laches and estoppel, because they were potentially applicable to the wife's claim for retirement benefits asserted seven years after the divorce issued.

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McLelland v. McLelland, CA03-1128, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 16, 2004, Decided
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Overview: Property division by trial court should have been determined independent of spousal support. The trial court erred by making an unequal distribution of the marital property without specifying the reasons as required by statute.

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Michael v. Keep & Teach, Inc., CA 03-978, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, June 16, 2004, Opinion Delivered
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Overview: Arkansas Workers' Compensation Commission's decision to deny the worker's impairment rating claim was based on an incorrect application of the statute; additional findings of fact, conclusions of law, and other proceedings were necessary.

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Mokol v. State, CACR03-909, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, June 16, 2004, Decided
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Overview: Defendant was precluded from arguing on appeal issue of drug's weight, because he failed to raise the issue at trial. Failure of State to include a particular weight was not error, as defendant's sentence was within range of sentences set forth.

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