Arkansas, September, 2002, State Case law

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State Courts - Arkansas - September 18, 2002

Grier v. Dir., Employment Security Dep't, E 01-250, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, September 18, 2002, Decided
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Overview: Where board of review's denial of unemployment benefits to employee was supported by substantial evidence, there was no viable reason for appellate court to remand for the presentation of additional evidence.

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Halley Oil Co. v. Paccio, CA02-119, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 18, 2002, Decided
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Overview: Where workers' compensation commission deemed credible physician's medical reports and opinion regarding claimant's need for continued care, this constituted substantial evidence, notwithstanding the evidence would have supported a contrary finding.

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McCorkle Farms, Inc. v. Thompson, CA 01-1405, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 18, 2002, Opinion Delivered
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Overview: Trial judge committed reversible error by not giving farmer's proffered instructions on pesticide application; admission of average-yield reports was error because there was no showing of comparability to farmer's lands and growing conditions.

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Peters v. State, CACR00-203, COURT OF APPEALS OF ARKANSAS, DIVISION FOUR, September 18, 2002, Decided
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Overview: Because of deficiencies in defense counsel's Anders brief, the brief was not in compliance with court rules and amounted to no more than a statement that the appeal has no merit; thus, counsel was directed to file a substituted brief and abstract.

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Phillips v. Phillips, CA02-49, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 18, 2002, Decided
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Overview: Appellate court reversed a trial court's order granting the father's change of custody petition where the trial court erred by shifting the burden of proof required to modify custody from the moving party to the mother who was the nonmoving party.

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Poulan Weed Eater v. Marshall, CA 01-1301, COURT OF APPEALS OF ARKANSAS, DIVISIONS ONE AND THREE, September 18, 2002, Opinion Delivered
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Overview: The employee was entitled to temporary total disability benefits as medical evidence corroborated the employee's testimony, which was credible. Additional medical treatment was reasonable and necessary and related to the employee's injury.

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Tillery v. Evans, CA 02-182, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, September 18, 2002, Decided
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Overview: Trial court clearly erred in finding there was no real advantage in allowing a custodial mother to relocate child from Arkansas to Ohio when mother married a man residing in Ohio and had secured employment that substantially increased her income.

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Welch v. State, CACR01-1279, COURT OF APPEALS OF ARKANSAS, DIVISION THREE, September 18, 2002, Decided
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Overview: Where State presented sufficient facts to find defendant guilty of theft of property without jury resorting to suspicion and conjecture, trial court did not err in denying defendant's motion for a directed verdict.

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