349 results for 'court:"Arkansas Court Of Appeals"'.
J. Gladwin finds the trial court properly denied the nursing home's motion to compel arbitration. The estate executor attests that admissions paperwork did not contain an arbitration provision, and a separate, voluntary arbitration agreement was sent for her review prior to the deceased party's admission. The executor says that the agreement she reviewed was not the same as the provision incorporated into the admissions agreement, and nothing in the record disputes the executor's sworn statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 14, 2024, Case #: CV-22-510, Categories: Arbitration, Health Care, Wrongful Death
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. Wood finds the board of review properly refused to grant unemployment benefits to a hospital housekeeper unemployment benefits. The housekeeper was discharged for her challenging demeanor when confronted and insubordination after she refused to attend a disciplinary meeting involving an improperly cleaned data collection instrument. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: February 7, 2024, Case #: E-22-627, Categories: Employment, Evidence, Workers' Compensation
J. Gladwin finds the circuit court properly denied the nursing home's motion to compel arbitration on a daughter's negligence claims for injuries and the wrongful death of her mother. The mother allegedly sustained injuries from falls, was subject to inaccurate assessments and incurred a UTI. The arbitration agreement lacks mutuality of obligation and, therefore, is not a valid agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CV-22-517, Categories: Arbitration, Health Care, Wrongful Death
J. Thyer finds the circuit court properly revoked defendant's suspended imposition of sentence for his guilty plea conviction for failing to register as a sex offender. Though defendant denied involvement in a shooting, his truck was seen on surveillance video in the area, with his ankle monitor pinging in the same area at the time of the shooting. The victim's blood was also found in the passenger seat of this truck. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 7, 2024, Case #: CR-23-352, Categories: Firearms, Sex Offender, Assault
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J. Gladwin finds the trial court properly denied defendant's challenge to the special conditions for sex offender probation. Defendant pleaded guilty to allegations he forced his 11-year-old stepdaughter to undress in front of him and kiss him, and that he watched her while she showered. He says the probation conditions that prevent him from having any relationship with someone who has a minor child are unconstitutional. The conditions bear a direct relationship to preventing re-offense, even being that a stricter standard was applied for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CR-23-320, Categories: Sentencing, Sex Offender, Child Victims
J. Gruber dismisses the ex-husband's challenge of the circuit court's entering of a temporary order of protection against him. The ex-wife sought the protection order after discovering he was incarcerated for a second assault charge involving his current wife. The husband has threatened to kill his current wife and the ex-wife has testified her children are scared of him. The temporary order is not a final order and is not appealable.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 7, 2024, Case #: CV-22-763, Categories: Evidence, Family Law, Restraining Order
J. Hixson finds the trial court properly convicted defendant for second-degree murder and employing a firearm. Officers testified that victim's wife called 911 after her husband ran from defendant's residence, bleeding and exclaiming he had been shot. A neighbor testified to the same events, and the weapon and shell casings were found in defendant's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 7, 2024, Case #: CR-23-188, Categories: Firearms, Jury, Murder
J. Abramson finds the circuit court properly denied the mother's petition to terminate paternal grandparent visitation with her child. The mother began denying visitation after a year of regular, significant visitation with the grandparents due to their daughter's having criminal drug charges. All evidence supports the court's order for visitation, and its finding the mother to be in contempt for failing to facilitate the visitation. The mother knew two court orders conflicted yet did not inform either court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 7, 2024, Case #: CV-22-730, Categories: Contempt, Family Law, Guardianship
J. Harrison finds the circuit court properly modified the father's custodial time with his children and found him in contempt for failing to pay alimony and child support. The father has been working out of state, which constitutes a material change in circumstances since the entry of the divorce decree. The order of contempt is not final and appealable, as it allows the father to purge the order by paying alimony and child support arrearages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 7, 2024, Case #: CV-22-495, Categories: Contempt, Family Law, Guardianship
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: Evidence, Murder, Gangs
J. Virden finds the trial court properly convicted defendant for kidnapping. All evidence supports the conviction, as well as the court's denial of defendant's motion to represent himself. Defendant's arguments supporting self-representation included singing, explaining the problem was that he needed a real girlfriend, and referring to himself a soldier of truth and understanding. He also addressed the court as “Mommy” and “Judge K.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 31, 2024, Case #: CR-22-818, Categories: Evidence, Kidnapping, Self Representation
J. Brown finds the trial court properly convicted defendant for illegal possession of a firearm, domestic battery and terroristic threatening. A neighbor testified the victim, who had previously attempted to evict defendant, banged on his door with handcuffs on one hand and her face bloodied, pleading, “He’s got a gun, he’s going to kill me.” The neighbor testified she seemed truly terrified. Officers responded to information on defendant's location and found him hiding behind a blanket in the corner of the laundry room. Thhe victim's out-of-court statements to her neighbor were properly admitted under the excited utterance hearsay rule. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 31, 2024, Case #: CR-23-321, Categories: Firearms, Battery, Terrorism
J. Barrett finds the county court properly authorized garnishment of funds to be distributed to the beneficiary in probate from the estate. The court ordered the funds to be paid pursuant to two foreign contempt orders registered before the court. Though the beneficiary said the arrearages had been paid, he failed to produce evidence sufficient to establish any payments had been made on any of the court's orders. He also failed to raise the issue of insufficiency of service of process or lack of notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 31, 2024, Case #: CV-22-108, Categories: Civil Procedure, Wills / Probate, Due Process
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. Hixson finds the county court properly terminated the father's parental rights to his minor son. After the child was removed from the mother, the putative father was identified as the same individual previously found in a hotel room with the mother and child during an investigation that yielded boxes of stolen property, meth and drug paraphernalia, all found to be accessible to the child. The child was also treated for burn injuries, the father's explanation for which was inconsistent with the injuries themselves. Ample evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 31, 2024, Case #: CV-23-578, Categories: Evidence, Family Law, Guardianship
J. Wood finds the lower court properly sentenced defendant to 66 years in prison for convictions on charges of meth possession with purpose to deliver, drug paraphernalia possession and possession of marijuana. After drugs were found in defendant's vehicle during a traffic stop, more drugs were found at his home. The evidence was properly admitted and supports the conviction along with testimony given by defendant's accomplice. An investigator's testimony involving community impact was not prejudicial because defendant was not sentenced to the maximum term despite haven been tried as a habitual offender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 31, 2024, Case #: CR-23-281, Categories: Drug Offender, Evidence, Sentencing
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. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: Employment, Insurance, Due Process
J. Wood finds the trial court properly convicted defendant for aggravated assault upon an employee of a correctional facility based on sufficient evidence. Two witnesses testified they saw the inmate spit on the corrections officer during a cell inspection. The officer also photographed his sleeve, where the spit landed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 24, 2024, Case #: CR-23-361, Categories: Evidence, Assault, Prisoners' Rights
J. Hixson dismisses this appeal of the circuit court's finding in favor the estate. The decedent's parents say the court improperly ordered them to sell real property described in a warranty deed reserving a life estate and involved in an agreement to transfer a remainder interest in the property to their son. The circuit court awarded damages relating to certain property, but not to other certain property. The appeal is dismissed for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 24, 2024, Case #: CV-23-193, Categories: Property, Wills / Probate, Due Process
J. Harrison finds the trial court properly convicted defendant for possession of meth based on sufficient evidence. Defendant was found by his parole officer during a home visit to be under the influence of and in possession of meth. Furthermore, the jury properly declined defendant's challenge to evidence sufficiency based on the inability of the officer who measured amounts of the drug to testify, who was killed in the line of duty. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 24, 2024, Case #: CR-22-732, Categories: Drug Offender, Evidence, Due Process
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: Evidence, Family Law, Restraining Order
J. Abramson finds the trial court properly convicted defendant for theft of property based on sufficient evidence. After the gas station manager discovered missing lottery tickets and cash, she reviewed surveillance footage which showed defendant, an employee, stealing the tickets and money. Defendant objected to the admission of the restitution form, saying no evidence shows the amount of cash or number of tickets involved. The court properly overruled this, with the prosecution providing details of the calculations. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 24, 2024, Case #: CR-23-314, Categories: Evidence, Theft
J. Murphy finds the trial court improperly denied the ex-wife's derivative loan collection claim. The parties were awarded 50 percent of a business the ex-husband had acquired during the marriage. The wife brought her action on breach of fiduciary duty and conversion claims based on the husband's having taken shareholder loans from the business. When the loans were made, the husband was the only shareholder, choosing to take part of his compensation as loans. Whether the wife received any benefit from this is irrelevant because the loans are from the business and will be repaid under the derivative action. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 24, 2024, Case #: CV-20-606, Categories: Family Law, Property, Banking / Lending
J. Barrett finds the circuit court properly terminated the mother's parental rights to her three children. All evidence, including verified incidents of domestic violence and child abuse involving severe burns, as well as drug use, supports termination. Though the mother says the children's placement with their grandmother would make termination unnecessary, her arguments as to this alternative placement were not raised at trial. The court properly found adoption to be the best permanency goal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: CV-23-503, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, Threats, Terrorism
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: Evidence, Theft, Jury Instructions
J. Harrison finds the trial court properly convicted defendant for the sexual assault of his minor daughter and her minor friend. All evidence and testimony involving defendant's ongoing "grooming" of the children support the conviction. Though trial counsel has filed a no-merit brief and requested to withdraw, his brief did not address the adverse ruling that, before sentencing but after the finding of guilt, defendant was not allowed to see his children. Rebriefing is ordered and counsel's motion to withdraw is denied.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 17, 2024, Case #: CR-23-119, Categories: Sex Offender, Due Process, Child Victims
J. Abramson finds the circuit court properly terminated the mother's parental rights to her minor child. The department of health and human services filed a petition for dependency-neglect and emergency custody after the child reported her parents were using drugs. Though the mother refused testing, the father and child tested positive for meth, and residue of the drug was found in the home. The mother, who was unemployed and did not maintain adequate housing, failed to complete drug-and-alcohol assessments, counseling or parenting classes. Furthermore, counsel has filed a no-merit brief and his request to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 17, 2024, Case #: CV-23-338, Categories: Evidence, Family Law, Guardianship