28 results for 'judge:"Klappenbach "'.
J. Klappenbach finds the circuit court properly terminated the mother's parental rights to her two children. The 18- and 6-month-old children were taken into custody when the children���s putative father was arrested on drugs and weapons charges during the mother's period of incarceration on a different conviction. All evidence supports the best interest finding and the court committed no reversible error in denying the mother's motion to have witnesses testify remotely. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 8, 2024, Case #: CV-23-837, Categories: Family Law, Due Process, Guardianship
J. Klappenbach finds the trial court properly convicted defendant for aggravated robbery, kidnapping, aggravated assault, theft and firearm possession by a felon based on sufficient evidence. The victim testified defendant hit her, shoved the barrel of a gun into her mouth, transferred her to a different location, stole her ring, cell phone and money, all in an attempt to force her to hand over a friend's cremated ashes. The court impliedly granted defendant's request to sever offenses and bifurcate the trials for each count, though the same jury convicted on the offenses. Defendant's argument regarding the alleged denial of his opportunity to interview jurors is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: CR-23-585, Categories: Jury, Assault, Kidnapping
J. Klappenbach finds the board of review improperly found the unemployment benefits recipient was disqualified from receiving benefits because she refused to accept an offer of work. The recipient applied for benefits after being laid off from Family Dollar. She was the only witness, denying she was offered a job, saying she had gone to an interview to discover the job she interviewed for was not the for which she had applied. Substantial evidence does not support the board's decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: E-23-135, Categories: Employment, Evidence, Insurance
J. Klappenbach finds the trial court properly convicted defendant for boating while intoxicated. A wildlife officer stopped defendant's boat after he observed his aggressive operation related to cutting off a jet ski. The unsafe speed and closeness of the vessels provided probable cause for the stop. Sobriety tests were administered after the officer smelled alcohol, with defendant failing them all. Sufficient evidence supports the court's ruling. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 24, 2024, Case #: CR-23-573, Categories: Evidence, Dui
J. Klappenbach finds the trial court improperly convicted defendant for two counts of criminal mischief. Although evidence shows defendant stole a truck from a repair shop and then hit two other vehicles, a vehicle owner's testimony about the cost of the damage and the document pertaining to the insurance payout to the body shop were inadmissible hearsay. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 17, 2024, Case #: CR-23-529, Categories: Robbery, Due Process, Vandalism
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J. Klappenbach finds the circuit court properly denied defendant's petition for postconviction relief. Convicted for kidnapping, battery, firearm possession, aggravated assault and terroristic threatening, defendant was tried within one year of being charged. He was not denied his right to speedy trial, and no argument or record evidence show he is entitled to relief. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 10, 2024, Case #: CR-22-748, Categories: Firearms, Battery, Kidnapping
J. Klappenbach finds the trial court properly convicted defendant for negligent homicide. The victim motorcyclist was killed when he entered the turn lane and defendant, who was travelling in the opposite direction, veered his truck into the lane, striking the victim. Witness accounts and the condition of the defendant's and the victim's vehicles are sufficient to support the conviction. Defendant's above-limit blood-alcohol level test result was properly admitted. Use of an isopropyl alcohol pad on defendant's arm before his blood was drawn would not invalidate the test. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 27, 2024, Case #: CR-23-489, Categories: Evidence, Vehicle, Negligent Homicide
J. Klappenbach finds the trial court properly convicted defendant for aggravated robbery and battery. The victim and an associate testified defendant shot the victim in the hand after demanding money when they responded to his Facebook Marketplace ad offering a Corvette for sale. Though a previous victim did not identify defendant, an online account mentioned by him was associated with defendant and was properly admitted as evidence of prior bad acts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 6, 2024, Case #: CR-23-402, Categories: Evidence, Robbery, Battery
J. Klappenbach finds the trial court properly convicted defendant for battery and endangering the welfare of a minor. Because more than three years had passed between his arrest and his motion to dismiss, this constituted a prima facie violation of defendant's right to a speedy trial. The court correctly set forth its reasoning why certain time periods were excluded for good cause due to the Covid-19 pandemic. Relevant rules of procedure do not require the court to make a determination of good cause for delay until a speedy trial allegation is made, and defendant was provided ample opportunity to object. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 21, 2024, Case #: CR-22-778, Categories: Battery, Speedy Trial, Child Victims
J. Klappenbach finds the board of review improperly denied the employee's claim for unemployment benefits. The portable building sales rep was put on commission-only pay status while she worked from home during the Covid-19 pandemic. Though the employer says the sales rep abandoned her position, no evidence supports she was directed to return to work on the premises. While evidence suggests the employer was displeased with the rep's results working from home, it did not implement changes. The evidence does not support the finding the employee quit. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 14, 2024, Case #: E-22-608, Categories: Employment, Covid-19, Workers' Compensation
J. Klappenbach finds the circuit court properly terminated both parents' rights to their infant daughter. The child was taken into custody after being found underweight, while the parents have admitted to drug use and the home was unfit, cluttered with garbage, and infested with roaches and mice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 7, 2024, Case #: CV-23-534, Categories: Evidence, Family Law, Guardianship
J. Klappenbach finds the county court properly denied defendant's motion to transfer his charges for first-degree murder and committing a terroristic act to the juvenile division. The victim, who it was believed by the 16-year-old defendant to have shot his codefendant a year earlier, was found with a gunshot wound to the back of his head. Statements made to officers tended to point toward defendant, who claims gang affiliation, as the shooter. Regardless of defendant's arguments, a juvenile may still be tried as an adult solely because of the serious and violent nature of the offenses. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 31, 2024, Case #: CR-23-232, Categories: Juvenile Law, Murder, Terrorism
J. Klappenbach finds the trial court properly found in favor of the landlord in a case where the tenant filed a sex discrimination counterclaim after the landlord had filed an unlawful detainer action against her. The trial court properly rejected the challenge to the strike of a black juror based on counsel's explanation of the peremptory strike as arising from concerns involving the age of the potential juror. This concern arose from the affinity younger people have with the act of shooting video, associated with video evidence that was admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 24, 2024, Case #: CV-22-725, Categories: Evidence, Jury, Landlord Tenant
J. Klappenbach finds the circuit court properly terminated the parents' rights to their daughter based on sufficient evidence. The mom had posted a video on Facebook Live showing herself driving and smoking marijuana with her sister, with the child improperly in the car seat. The mother also said the child was high. A child abuse hotline report had also been made alleging drug use, heavy drinking and domestic violence around the child. Furthermore, the father had not been taking his bipolar disorder medication upon the removal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: January 10, 2024, Case #: CV-23-479, Categories: Evidence, Family Law, Guardianship
J. Klappenbach finds the circuit court properly dismissed the inverse condemnation suit originally filed by the deceased parties and purchasers of a property upon which utility poles were erected after the purchase. The purchasers filed suit against the mortgage holder after abandoning a claim against the energy company, claiming the bank had a duty to pursue the suit on their behalf. Payments made on the refinanced mortgage did not toll the statute of limitations on breach-of-contract claims, and the purchasers were on notice of a potential claim against the bank when it declined to pursue the suit. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: November 15, 2023, Case #: CV-20-748, Categories: Property, Banking / Lending
J. Klappenbach finds the county court properly found that a nonexclusive easement exists in the property deed, preventing the owner from attempting to block or restrict their neighbors from using it. The owner was aware that the property he purchased was subject to the easement, which was not required to have been conveyed to the neighbors by the previous owner. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-719, Categories: Municipal Law, Property, Contract
J. Klappenbach finds the trial court properly found that the ex-husband must reimburse the ex-wife according to terms of their property-settlement agreement. The wife worked for the civil service and according to the agreement the husband was entitled to half of her retirement. No qualified domestic relations order regarding the award was entered. The husband was awarded half of the retirement existing at the time of the divorce but had been receiving benefits that accrued after the divorce. This amount must be reimbursed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-511, Categories: Debt Collection, Family Law, Property
J. Klappenbach finds the circuit court properly terminated the parents��� rights to their five-year-old child. The department became involved after reports of the child asking neighbors for food. The family���s home was found in disarray, with food, a marijuana pipe and the mother���s insulin needles on the floor. The mother had open sores on her face and legs, and the child was in dirty clothes. Both parents tested positive for THC, amphetamines and meth. The child had previously been in foster care due to domestic violence and alcohol abuse in the home. All evidence supports the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-23-173, Categories: Evidence, Family Law, Guardianship
J. Klappenbach finds the circuit court properly divided the parties��� property in this divorce decree. The ex-husband���s receiving of a portion of the value of the ex-wife���s niece���s home is proper as marital funds were used for the home���s improvement and to pay its monthly mortgage and utilities. Half of the wife���s work bonus that she had hidden and lied about was properly awarded to the husband. The wife was not awarded interest in the husband���s premarital home, premarital vehicle and marital retirement funds, and has not demonstrated that the court clearly erred. The circuit court was required, as the trier of fact, to determine the credibility of witnesses and to resolve conflicting testimony and its resolution of disputed facts will not be disturbed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-21-588, Categories: Evidence, Family Law, Property
J. Klappenbach finds the trial court properly convicted defendant for possession of meth and drug paraphernalia within 1,000 feet of a church. The arresting officer testified that a controlled buy of meth at defendant���s residence, where a confidential informant was fitted with a video-recording device, yielded $100 worth of meth. Ample evidence presented supports the convictions. Defendant���s acquittal on the drug possession with the purpose to deliver charge did not foreclose convictions for possession of paraphernalia. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CR-22-667, Categories: Drug Offender, Evidence, Due Process
J. Klappenbach finds the circuit court properly adjudicated three of the mother���s children dependent-neglected, granting permanent custody of one child to the father. After one of the children was admitted to the hospital for a cough, staff became concerned about the mother���s mental stability as she persistently reported with ���pressured and erratic��� speech her concerns that the child may have meningitis, HIV, herpes, sepsis or toxic-shock syndrome. The mother was reported to family services after the father told hospital staff that she was using Suboxone and had told him that the child was dying. Whether her behavior was attributable to drug use, a mental health crisis, or a concussion, as claimed, doctors were concerned that she would not provide proper care and supervision for her child. All evidence supports the court���s dependency-neglect finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-23-220, Categories: Family Law, Health Care, Guardianship
J. Klappenbach finds that the trial court properly revoked defendant's probation, which had been imposed for drug-related offenses. Defendant failed to report, failed to provide medical documentation, failed to obtain an assessment as directed, failed to pay court costs, and failed to make contact with his supervising officer after his release from jail. All evidence supports the revocation, and no error is found. The case is remanded to correct an error on the sentencing order, which does not state that it regards a probation revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 27, 2023, Case #: CR-22-771, Categories: Drug Offender, Probation, Sentencing
J. Klappenbach finds that the county court properly found that the city did not violate the open-meeting provisions of the Arkansas Freedom of Information Act after it removed a tax option item from the meeting's agenda. Though the citizen alleges that the process by which the option was removed from the agenda constituted ���secret serial meetings��� and was a ���disguised vote��� on each proposed ordinance, which the FOIA requires to be done in a public forum, this is not applicable to the removal of the item by consensus of the city board. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 27, 2023, Case #: CV-22-210, Categories: Administrative Law, Government, Municipal Law
J. Klappenbach finds the circuit court properly refused to set aside a trust on direct appeal, and properly removed a trustee on cross appeal in this dispute involving multiple extended family members. The trustee, a friend of the deceased, resisted revealing trust documents and did not perform an accounting until required to do so by the circuit court. This was a ���serious��� breach of the fiduciary duties. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 13, 2023, Case #: CV-20-656, Categories: Trusts, Fiduciary Duty
J. Klappenbach finds the circuit court properly held the construction company in contempt in this suit brought by the trucking company asserting a claim for specific performance related to an agreement to sell real property. The court found that the trucking company was entitled to specific performance, ordering the construction company to convey the ���missing land��� per the terms of the contract. The trucking company failed to deliver the required warranty deed and an affidavit of heirship and argues that they did not willfully violate the order being that their compliance was outside of their independent control. They show no evidence to demonstrate this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 6, 2023, Case #: CV-22-689, Categories: Contempt, Property, Contract
J. Klappenbach finds the trial court properly convicted defendant for simultaneous possession of fentanyl, heroin, and marijuana with the purpose to deliver, and a firearm. After being stopped for a moving violation, it was discovered that defendant had an outstanding warrant. The officer arrested defendant, telling him to leave a bag he had on his shoulder in the car. A search of defendant���s pockets yielded a substantial amount of cash and a rock of fentanyl. A search of the bag yielded the handgun and more drugs. All evidence supports the conviction. The patrol vehicle���s dashboard camera confirmed that a passenger in the vehicle did not appear to have touched anything on or around the driver���s side of the car as claimed by defendant. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: August 30, 2023, Case #: CR-22-652, Categories: Drug Offender, Evidence, Firearms
J. Klappenbach finds the trial court improperly dismissed the counterclaim filed by the citizen seeking a declaration of rights to an implied easement of pedestrian ingress and egress over the property at question in this imminent domain action. The counterclaim was wrongly dismissed as untimely. Whether it existed at the time the citizens filed their answer or after, the relevant rule of civil procedure permits filing beyond the 30-day limit for filing an answer. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: May 24, 2023, Case #: CV-22-166, Categories: Property, Due Process