Arkansas, September, 2002, State Case law

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State Courts - Arkansas - September 18, 2002

Amos v. State, CACR 01-1325, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 18, 2002, Decided
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Overview: Testimony of police officer that defendant was the driver of the car where marijuana and rock cocaine were found, was sufficient to support defendant's conviction for possession of cocaine with intent to deliver.

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Atkins v. L.L. Cole & Son, Inc., CA 02-177, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 18, 2002, Opinion Delivered
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Overview: The trial court erred in granting summary judgment in favor of the company as the parties' agreement specifically provided that if the property was sold during the listing period, the company, as owners, had to pay a commission to the realtor.

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B.J.M. v. R.L.M., CA02-666, COURT OF APPEALS OF ARKANSAS, September 18, 2002, Decided
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Overview: Releasing the sealed pleadings and orders to the parties in an appeal of a post-decree motion would not thwart the purposes underlying the adoption case confidentiality requirement and was necessary for the preparation of the abstract and addendum.

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Brown v. State, CACR02-100, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 18, 2002, Decided
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Overview: Because the trial court did not base its revocation on battery charge, defendant did not demonstrated that the trial court abused its discretion in denying his motion for continuance or that he was prejudiced by the denial.

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Caffey v. State, CACR 01-1241, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 18, 2002, Decided
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Overview: Where trial court recognized that jury's recommendation on sentencing of defendant was advisory, trial court did not base its decision to impose sentence consecutively to defendant's current sentence upon a gratuitous suggestion from the jury.

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Caple v. Willingham, CA01-1180, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 18, 2002, Decided
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Overview: Deed of trust and parties' agreement to sell home was supported by consideration and mutuality of obligation, and boyfriend breached the latter agreement by resuming occupancy of the house and failing to sell it as agreed to.

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Deluca v. Stapleton, CA 02-144, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 18, 2002, Opinion Delivered
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Overview: Evidence supported trial court's findings regarding wife's motives and likelihood of compliance with future visitation orders in petitioning for relocation permission; appellate court deferred to its evaluation of witnesses and testimony.

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Fairchild v. State, CACR01-1201, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 18, 2002, Decided
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Overview: Defendant handyman's possession of homeowner's tools, his flight away from scene, his inconsistent statements to police, and condition of window immediately after his flight, provided sufficient evidence to support burglary conviction.

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Foster v. Marschewski, CACR02-668, COURT OF APPEALS OF ARKANSAS, September 18, 2002, Decided
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Gasaway v. South Bend Hunting Club, Inc., CA01-957, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 18, 2002, Decided
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Overview: Claimant failed to establish right to access fishing site over property owned by lumber mill and leased to hunt club where claimant had not shown access road was owned by county or that public had acquired prescriptive easement.

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