26 results for 'judge:"Harrison "'.
J. Harrison finds the trial court properly convicted defendant for threatening a judicial official and making harassing communications based on sufficient evidence. After the judge issued an arrest warrant for defendant in another case, he received an email known to belong to defendant in which he called the judge names, and a voicemail in which defendant said "I���m going to come to your house sometime in the very near future. So, if you don���t want that to happen, you should call me back.��� Though defendant asked for a directed verdict, he did not offer the court any reason to grant one. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CR-23-506, Categories: Evidence, Threats
J. Harrison finds the circuit court properly granted a preliminary injunction in favor of the radiation oncologist. The oncologist, shareholder and member of the oncology group's board of directors proposed his son be brought into the practice after he graduated from medical school, which was approved by the board. Though minutes of a meeting show the oncologist saying his son would be his replacement, the oncologist denies having ever said this. The board moved to terminate the oncologist on grounds that family members could not work together. The injunction requiring the group to maintain the oncologist's status as an employee and shareholder during the pendency of the ensuing case was properly granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CV-22-486, Categories: Employment, Health Care, Injunction
J. Harrison finds the circuit court properly entered the divorce decree and custody and support order, finding the ex-wife to be in contempt. The court correctly denied the mother's request to relocate, finding it in the child's best interest to remain where his support system is located. There is ample evidence the mother's failure to control her emotions caused the child's anxiety during visitation exchanges. At one exchange, the mother was crying so loudly she could not hear the visitation supervisor speaking. The child's counselor also testified that certain of the mother's actions could be considered intentional sabotage and that it is damaging for the child to be purposefully kept from his father. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 24, 2024, Case #: CV-23-240, Categories: Evidence, Family Law, Guardianship
J. Harrison finds the circuit court properly dismissed the father's appeal of the order terminating his parental rights. The Department of Human Services exercised custody of two of the children after their infant sibling died and the crime lab discovered drugs in the body. The children have achieved permanent placement, and all evidence supports termination. The court lacked authority to reopen the case once the children achieved permanency. The dependency-neglect case is closed, and there is no jurisdiction to reopen. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-737, Categories: Family Law, Jurisdiction, Guardianship
J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: Property, Attorney Fees, Contract
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J. Harrison finds the circuit court improperly dismissed the hunting lease caretaking service's complaint seeking nearly $8,000 in payment for an unpaid invoice. The caretaker terminated a verbal contract with a hunter after performing extra services that were added to the ongoing invoice, asking for payment in full. The circuit court entered an order finding that, in the absence of a written contract, the statute of limitations applies. Though the hunter offers several definitions for the agreement, which would govern the accrual date, this determination, as well as the question of timeliness, is for a jury to decide. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 10, 2024, Case #: CV-22-528, Categories: Debt Collection, Environment, Contract
J. Harrison finds the trial court properly convicted defendant by conditional guilty plea for charges related to drug and drug paraphernalia possession, and firearm possession. Defendant reserved the right to challenge the denial of his motion to suppress evidence recovered in a warrantless search of his pickup truck prompted by a drug dog alert. The dog died from cancer soon after the search, and its success record was lost due to a computer crash. The dog's alert was not the only fact contributing to probable cause. The officer also saw defendant's vehicle moving erratically and smelled marijuana inside. This alone can provide probable cause for a vehicle search. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 13, 2024, Case #: CR-23-35, Categories: Drug Offender, Evidence, Search
J. Harrison finds the circuit court properly entered judgment in favor of the sellers of the country market. The sellers entered into an agreement to sell the market to the daughter of the original owners. The agreement included that the daughter would assume all debts upon purchase. The daughter closed the store after purchasing it and refused to pay the debts, leaving vendors to seek payment from the sellers. Though the daughter argued the jury���s damages award was based on a list of unpaid debts, requiring the jury to speculate, the amounts were certain and not based on speculation. The jury is allowed to assess witness credibility and substantial evidence supports the award of damages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 6, 2024, Case #: CV-23-248, Categories: Debt Collection, Property, Contract
J. Harrison finds the county court properly dismissed the OB/Gyn's petition to modify an arbitration award. The doctor was terminated from her employment with the hospital, and the arbitrator awarded her almost $100,000 for 120 days' compensation, less a $25,000, unearned sign-on bonus. The doctor says the award was made under an alternative contract provision not cited in the parties��� statements of claim, and that the arbitrator improperly made the award on an unsubmitted claim. Though the hospital did not prove the doctor���s conduct violated a provision for termination with cause, it had the contractual authority to dismiss her upon payment of the 120 days��� compensation. Nothing in the record indicates the arbitrator exceeded his jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-22-449, Categories: Arbitration, Employment, Health Care
J. Harrison finds the county court improperly refused to enter judgment for the father's arrearage of $15,000 and $18,000 in interest under a registered support order from Alaska. Though the court concluded the arrearage was no longer collectable under the Uniform Interstate Family Support Act, the record includes undisputed evidence of the father's obligations, demonstrating he was in arrears. Collection procedures are provided by the law of the state where the support order is registered. There are no limitations on the enforcement of child support judgments in Arkansas, and, therefore, the enforcement office's attempt to enforce the arrearage was timely. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-23-120, Categories: Administrative Law, Debt Collection, Family Law
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. 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. 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. Harrison finds in favor of the friend and caregiver of the decedent on the decedent's niece's undue influence claim. The decedent had a falling out with her niece before executing a warranty deed giving the friend a joint tenancy in her home, and the friend proved beyond a reasonable doubt the deed was the product of the decedent's own intentions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 13, 2023, Case #: CV-22-681, Categories: Evidence, Property, Wills / Probate
J. Harrison finds the trial court improperly convicted defendant for kidnapping three corrections staff members, holding them in a maximum security prison. Defendant entered a conditional guilty plea and now appeals the court���s denial of his motion to dismiss on speedy trial grounds. A "dizzying" number of dates are involved and finds that a total of 909 days were not excluded for speedy trial purposes and, therefore, defendant's right to a speedy trial has been violated. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-156, Categories: Kidnapping, Speedy Trial
J. Harrison finds the trial court properly convicted defendant for sexual indecency with a child. The parents of the 14-year-old discovered he had been having sex with an 18-year-old in her car. Although having intercourse with the 14-year-old was not illegal under state law, it was illegal for her to expose her vagina for sexual purposes to a minor younger than 15 years old. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-125, Categories: Evidence, Sex Offender, Child Victims
J. Harrison finds the circuit court properly determined the decedent's son, her successor trustee, is responsible to distribute interest in inherited property among the heirs as the owner of the life estate of a non-family heir. Each of the children received a vested 1/8th undivided interest in the trust property upon the death of their mother, subject to the life estate of the non-family heir, according to the mother's will. The non-family heir purchased the children's properties before the interests were distributed. The non-family heir had standing to seek information on the resulting ownership, which required the circuit court to determine the heir's interests. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: November 29, 2023, Case #: CV-22-145, Categories: Property, Wills / Probate
J. Harrison finds the circuit court improperly refused to award child support to the mother in this marriage dissolution. Though her ex-husband's inheritance of a family trust and farm are not marital property, because the husband has used the trust as a supplemental source of income it should be considered income for the purpose of child support. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: November 15, 2023, Case #: CV-22-241, Categories: Family Law, Property
J. Harrison finds the trial court properly convicted defendant for aggravated robbery and murder. Though defendant says that another person with whom he had spent the day drinking committed the robbery, evidence and inconsistencies in defendant���s story suggests that he was also involved in the crimes. A text message was found on defendant���s phone in which he stated that he was going to rob a house, and muddy shoeprints were found around and inside the home which matched shoes found in defendant���s closet. All evidence supports the convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CR-23-14, Categories: Evidence, Murder, Robbery
J. Harrison finds the circuit court properly terminated the mother���s parental rights after she tested positive for meth during the child���s delivery. The child tested positive for meth, Ambien and other drugs. The mother has not participated in services and has avoided contact with DHS. During a home visit, the grandfather of someone the mother previously dated told DHS that the mother had been gone for two days and had left the child in his care. All evidence supports termination. The mother���s attorney���s motion to withdraw is granted. Though the mother was informed of her right to file pro se points, she has not done so. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CV-23-9, Categories: Evidence, Family Law, Guardianship
J. Harrison finds the trial court properly convicted defendant for two counts of rape. The state presented evidence that defendant had adopted his wife���s daughter when she was 12 years old and began sexually abusing her. The abuse progressed to intercourse and continued until the child was 17. Defendant���s assertions, that the evidence is insufficient without forensic or physical evidence to support the victim���s allegations, were not preserved for review. His questions regarding credibility, alleging that the 12-year-old victim had been the aggressor, forcing or intimidating him into having sex with her, are also not preserved. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 18, 2023, Case #: CR-22-516, Categories: Evidence, Sex Offender, Child Victims
J. Harrison finds the Arkansas Workers��� Compensation Commission properly reversed the opinion of the administrative law judge, finding that the employee had proven entitlement to additional medical treatment and additional temporary total disability benefits. The employee injured her knee by stepping in a hole while picking up litter, and medical records show that she had a preexisting condition that was aggravated by the admittedly compensable injury. The state transportation department fails to challenge this, and substantial evidence supports the commission���s decision. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 4, 2023, Case #: CV-22-687, Categories: Evidence, Health Care, Workers' Compensation
J. Harrison finds that the county court properly entered an order of protection against the father, who was found to have whipped his child with a belt on a fishing trip for not putting minnows back in the water when asked. The father's actions were properly found to be neither reasonable nor moderate. All evidence supports the order. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: September 27, 2023, Case #: CV-22-312, Categories: Domestic Violence, Restraining Order
J. Harrison finds that the county court properly terminated the mother's parental rights to her four children due to concerns of the mother's homelessness and meth use. The mother was high and paranoid when DHS workers spoke to her, and she admitted to being an addict and having been in rehab multiple times. All evidence supports the best interest finding as well as the denial of the mother's request for more time to make progress on her treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: September 27, 2023, Case #: CV-23-88, Categories: Family Law
J. Harrison finds the trial court properly convicted defendant for the rape of a three-year-old girl. The child���s older sister and mother testified that when they were staying with the mother���s sister, the victim stated that her private area hurt and that defendant, who lived with the sister, ���scratched��� her there. Forensic examination and interview confirmed injuries around and within the girl���s vagina as well as the consistency of her story. All evidence supports conviction. Defendant���s arguments have not been preserved for review and cite no authority. Counsel's motion to withdraw based on a ���no-merit��� appeal is granted. Certain illegally assessed costs are modified, as well as counsel���s characterization of the appeal as without merit. An attack on an illegal sentence is not a no-merit appeal. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: August 30, 2023, Case #: CR-22-179, Categories: Evidence, Sex Offender, Child Victims
J. Harrison finds the trial court properly convicted defendant of sexual assault of his minor daughter. Defendant says the court improperly denied his motions for mistrial arising from reference to defendant���s illegal immigration status after the court had barred such inquiry. The defense had elicited testimony of defendant���s truthful nature from a former employer, which was countered by the prosecutor���s evoking of the immigration status. The court ordered the prosecutor to ask no more questions on the subject and the defense did not ask for a jury admonition. Defendant suffered no prejudice and the sentence of 12 months of probation shows this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 31, 2023, Case #: CR-22-341, Categories: Sex Offender, Due Process, Child Victims