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   State Courts - Arkansas - June 26, 2002

  
Crain v. State, CA CR 01-944, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE AND FOUR, June 26, 2002, Decided
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Overview: Though State did not show probable cause existed to justify nighttime search, trial court was not required to suppress evidence seized as police officer's good-faith belief it existed meant good-faith exception to exclusionary rule applied.

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Hawkins v. Fasco Indus., CA01-1404, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 26, 2002, Decided
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Overview: Employee failed to establish a compensable injury by objective medical evidence where initial diagnostic studies indicated that her left hand was mildly affected by carpal tunnel syndrome but subsequent studies showed no problem with her left hand.

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Helena/West Helena Schs. v. Hislip, CA 02-013, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, June 26, 2002, Opinion Delivered
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Overview: Employer's appeal of a workers' compensation award of additional medical benefits failed where it presented the same argument, that the employee's smoking constituted an independent intervening cause, which had been rejected in the first appeal.

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Hickman v. Culberson, CA 01-581, COURT OF APPEALS OF ARKANSAS, DIVISIONS THREE, FOUR AND ONE, June 26, 2002, Decided
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Overview: Where trial court properly considered each party's past and present circumstances in determining what would be in the child's best interest, custody award to father was not clearly erroneous.

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Johnson v. Ark. Dep't of Human Servs., CA 01-1093, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND FOUR, June 26, 2002, Decided
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Overview: The father's parental rights were properly terminated as he manifested incapacity or indifference to remedying the causes of the children's removal. The Department of Human Services made a meaningful effort to rehabilitate the home.

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Lewellyn v. Lewellyn, CA01-1168, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 26, 2002, Decided
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Overview: Use of mother's remarriage and intended relocation to find material change in circumstances occurred warranting father having sole custody of children was error as those factors alone did not support finding and Staab factors had to be applied.

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Lovelace v. Dir., Empl. Sec. Dep't, E 01-162, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND TWO, June 26, 2002, Decided
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Overview: There was substantial evidence to support administrative board's finding that late filing of citizen's appeal regarding denial of unemployment benefits was not due to circumstances beyond citizen's control.

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Paz v. State, CACR01-756, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 26, 2002, Decided
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Overview: The evidence was sufficient to show that defendant exercised some form of care, control, and management over the marijuana and knew that it was contraband. Defendant gave consent to the officers to search her home.

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Reed v. Ark. Dep't of Human Servs., CA01-833, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, June 26, 2002, Decided
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Overview: Termination of parental rights was proper where the family was consistently provided services by the Arkansas Department of Human Services, and despite meaningful efforts to rehabilitate the home, the parents were unable to remedy conditions.

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Roberts v. State, CA 01-1496, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, June 26, 2002, Decided
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Overview: Evidence was insufficient to sustain defendant's juvenile adjudication for terroristic threatening where the appellate court found that defendant did not have the purpose of terrorizing another based on a hit list found in his school notebook.

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