28 results for 'judge:"Thyer"'.
J. Thyer finds the trial court properly convicted defendant for sexual assault. Defendant's charge of rape against his 9-year-old daughter was reduced to second-degree sexual assault on the victim's testimony that she was petting her dog after a bad dream when defendant entered the room, pulled her off the bed and put his penis between her "butt cheeks." The mother witnessed the assault, and friends and other family were told about it before police were called. The testimony does not need to be corroborated and sufficient evidence supports the conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: May 8, 2024, Case #: CR-23-410, Categories: Evidence, Sex Offender, Child Victims
J. Thyer finds the trial court properly convicted defendant for trafficking fentanyl, theft, and other drug and firearms charges. Following a traffic stop, dashcam video shows defendant was acting nervously when asked about potential illegal items that might be in the vehicle. Sufficient evidence shows that though defendant was not seen in actual or constructive possession of drugs found in her daughter’s shorts, she admitted to constructive possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 17, 2024, Case #: CR-23-562, Categories: Drug Offender, Firearms, Search
J. Thyer finds the trial court properly convicted defendant for battery, resisting arrest and disorderly conduct based on substantial evidence. The court properly excluded witness testimony after defendant failed to timely disclose the witnesses and counsel failed to cite a specific rule allowing for late disclosure. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 10, 2024, Case #: CR-23-467, Categories: Resisting Arrest, Battery
J. Thyer finds the circuit court properly denied the cable service provider's motion to compel arbitration, granting the city's motion for class certification. The provider's predecessor agreed to pay the city an annual franchise fee to establish a system, including the right to erect and use equipment in the city's public rights-of-way. The city filed the action alleging the provider failed to pay the fee, and also did not maintain minimum standards of conduct for its customers. The franchise agreement with the city and the residential services agreement with customers are separate agreements. No valid arbitration agreement exists. Exhibits showing commonality were properly admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-808, Categories: Arbitration, Communications, Municipal Law
J. Thyer finds the trial court properly found for a surgeon on a spinal fusion patient's action, filed after she experienced complications that resulted in the surgeon removing a screw that had been pressing on a nerve. An expert testified within a reasonable degree of medical certainty that the surgeon's actions had not fallen below the standard of care and were not the proximate cause of the patient's complications. The patient has not shown a genuine issue of material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-396, Categories: Negligence, Medical Malpractice
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J. Thyer finds the trial court properly ordered child support, alimony and division of marital debt in its divorce decree. All evidence supports the ex-husband, a fireman with multiple sources of income, including rental properties, was properly ordered to pay child support and alimony to his disabled wife. The wife lives in a mobile home purchased by her brother on her father's property. Her income consists of disability checks and family help. Certain credit card debt incurred by the wife was for essentials for the children, and the husband provides no evidence supporting his claim that she is a compulsive spender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: March 13, 2024, Case #: CV-23-94, Categories: Debt Collection, Family Law, Property
J. Thyer finds the county court properly entered a protection order against the ex-husband. Text messages show he began harassing his ex-wife, saying she was undermining his relationship with their children and that she owed him for certain property. Calls and texts resulted in the ex-wife's asking police to perform a welfare check on the potentially suicidal ex-husband, following which he sent her texts about guns and threatened her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 28, 2024, Case #: CV-23-91, Categories: Evidence, Due Process, Restraining Order
J. Thyer finds the county court properly revoked defendant's suspended imposition of sentence. After defendant's guilty plea conviction for manufacturing meth, he served seven years of a 15-year sentence before being paroled. During his parole term, he was rearrested for possession of multiple types of drugs. The court allowed testimony from the agent who conducted the controlled drug purchase for the limited purpose of establishing the reasoning behind his plan. Because the court expressly determined the testimony was not offered for its truth, its ruling did not offend the confrontation clause. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CR-23-214, Categories: Drug Offender, Probation, Due Process
J. Thyer finds the county court properly entered a default judgment against the party in possession of the Corvette. The party in possession refused to return the car to the owner and the court ordered its return based on the evidence. The possessor defaulted by filing a late answer, and the owner was also awarded damages for storage fees, rental value and attorney’s fees. The possessor did not defend her late answer, and the evidence supports the damages award and fees. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CV-23-109, Categories: Property, Damages, Due Process
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
J. Thyer finds the circuit court properly entered judgment in favor the executrix of the will. The mother of the minor beneficiaries of the revocable trust was found to have violated the no-contest clauses of the will and trust, forfeiting her beneficiary interest. Among other things, she filed an action to remove the executrix, while the clear language of the will is meant to prevent the mother from exercising any control. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: January 10, 2024, Case #: CV-21-293, Categories: Evidence, Wills / Probate, Contract
J. Thyer finds the trial court properly convicted defendant for murder based on sufficient evidence. The mother testified she left her 17-month-old child with defendant while running errands, following which she found her child unresponsive, defendant sweating, a hole in the living room wall and a broken bathroom sink. Though defendant claimed the child had choked on a grape, a CT scan revealed a skull fracture and no evidence of choking. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 13, 2023, Case #: CR-23-126, Categories: Evidence, Murder, Child Victims
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: Family Law, Property, Contract
J. Thyer finds the circuit court properly denied the great aunt and uncle's petition for adoption after parental rights were terminated. The foster parents sought adoption but did not intervene in the dependency-neglect proceedings where the relative placement determinations were made until after termination. Following a termination of parental rights, relatives are no longer given preference over foster parents. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 29, 2023, Case #: CV-23-256, Categories: Family Law, Due Process, Guardianship
J Thyer finds the trial court improperly designated the divorced couple's home as marital property and allocated the husband's 401(k) plan among him, his former ex-wife and his now-ex-husband. The ex-husband quitclaimed interest in the home to the husband in exchange for release from liability on the mortgage, which meets the statutory definition of a gift and thus satisfies the marital property exception. The trial court also failed to give full consideration to the domestic relation order entered in the prior divorce action as it applies to allocation of the retirement account. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 15, 2023, Case #: CV-22-622, Categories: Family Law, Property, Contract
J. Thyer finds the trial court properly convicted defendant for four counts of failure to appear on drug possession charges. The county clerk testified without objection that defendant had signed each pretrial release order and failed to provide a valid excuse for his failure to appear. Defendant testified that he failed to appear due to having been robbed, hit over the head and concussed, and also due his attendance of his father’s funeral without knowledge of further court proceedings, being under the impression that a plea deal had been negotiated. The jury did not find the testimony credible or the excuses reasonable. The appeals court will not reweigh evidence or credibility. The sentencing order contains clerical errors which must be corrected. Affirmed. Remanded to correct sentencing order.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: November 1, 2023, Case #: CR-22-707, Categories: Drug Offender, Evidence
J. Thyer finds the circuit court improperly found that the entirety of the Roth IRA and the rollover IRA were marital property. Though the husband made contributions to the Roth IRA during the marriage, the Roth IRA and the rollover IRA were established before the marriage. All other aspects of the court’s property division are affirmed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 25, 2023, Case #: CV-22-646, Categories: Evidence, Family Law, Property
J. Thyer finds the Arkansas Board of Review improperly granted unemployment benefits to the former employee. The employee failed to produce evidence to substantiate his medical and religious objections to the employer’s vaccine mandate. There was, therefore, insufficient evidence to support the board’s finding that the employee had good cause for ending his employment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: E-22-519, Categories: Employment, Evidence, Covid-19
J. Thyer finds the Worker’s Compensation Commission properly determined that an agricultural instructor suffered a compensable injury at work. The teacher, rushing during his short lunch break, dislocated his shoulder after falling from a stoop into a neighboring building. His body hit the metal exterior wall and a teacher inside heard the impact. According to district policy, the teacher did not clock out during lunch, and was required to assist with students as needed, even while on break. Though the administrative law judge found that the teacher failed to prove that he was performing employment services, the court of appeals affirms the commission’s reasonable finding to the contrary without speculation or conjecture. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: CV-22-586, Categories: Employment, Evidence, Workers' Compensation
J. Thyer finds the Arkansas Board of Review improperly entered an order requiring the hotel employee to repay $2,472 in overpaid benefits. During the Covid-19 pandemic, she began receiving $168 in weekly state unemployment, later receiving $600 in weekly Federal Pandemic Unemployment Compensation. Her employment then ended due to lack of business and she was given $2,010 in severance pay, which was properly found to disqualify her from benefits. The board did fail to make findings as to whether repayment would be contrary to equity and good conscience. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: E-22-366, Categories: Employment, Due Process, Covid-19
J. Thyer finds the trial court properly convicted defendant for marijuana and meth possession, and simultaneous possession of drugs and a firearm. After defendant was stopped for a non-functioning license plate light and brake lights, a driver’s license check returned that it was suspended, and defendant had a failure-to-appear warrant. A canine alerted to multiple areas after defendant gave consent to an external “sniff” of the vehicle. Regardless of whether the dog’s sniff at the open door was “facilitated” by the officers, the dog’s multiple alerts at other points on the vehicle had already given the officers probable cause to search the car. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 4, 2023, Case #: CR-22-784, Categories: Drug Offender, Firearms, Search
J. Thyer finds that the county court properly revoked defendant's probation imposed for a guilty plea conviction for nonsupport. The state alleged that he used controlled substances, failed to report to his probation officer, and failed to make payments on his fines, fees and restitution. Defendant admits that evidence was introduced at the revocation hearing and argues only that he had reasonable excuses for failing to comply with reporting and payment. Even if defendant properly challenged these violations, there is still sufficient evidence to support the revocation on his no contest plea to possession of controlled substance charges. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 27, 2023, Case #: CR-22-765, Categories: Drug Offender, Probation
J. Thyer finds the trial court properly convicted defendant for residential burglary, criminal trespass, and second-degree battery committed after he and some friends decided to “trip [on] shrooms.” His friends testified that defendant started "freaking out," took off his clothes and started running through the neighborhood in nothing but socks. A woman testified that defendant approached and assaulted her, wearing nothing but socks. The victim's testimony, as well as security video footage that showed the assault, is sufficient evidence for conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 20, 2023, Case #: CR-22-782, Categories: Burglary, Assault, Trespass
J. Thyer finds the circuit court properly revoked defendant's probation, sentencing him to a term of three years in the Arkansas Department of Correction per his guilty plea conviction for first-degree forgery and third-degree escape. Defendant violated the terms and conditions of his probation by failing to obey Arkansas law, testing positive for controlled substances, possessing a firearm, and failing to pay his financial obligations. His admission that he had smoked marijuana is sufficient to support revocation and renders otherwise reversible error harmless. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 13, 2023, Case #: CR-23-159, Categories: Probation, Escape, Forgery
J. Thyer finds the trial court properly convicted defendant for the rape of his 12-year-old daughter. The minor child told her aunt about the father's digitally penetrating her vagina on a camping trip as well as his punishing of her when she resisted him. After the aunt confronted her brother, she took the child to give a statement to police. All evidence supports the conviction. An email defendant sent his wife from jail, stating, "hopefully they dont actually charge me with rape or i will get some serious time, hopefully i get to see ya tomorrow so i can wreck that booty hole...", though open to interpretation, was properly admitted as the jury's responsibility to determine. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 6, 2023, Case #: CR-22-612, Categories: Evidence, Sex Offender, Child Victims
J. Thyer finds the circuit court properly terminated the father’s parental rights to two of his five children, others having been successfully placed in foster care. After a caseworker was unable to locate one of the children, the state human services agency filed a petition for dependency-neglect for all of the children. The father was not compliant with drug and alcohol testing, or other aspects of the reunification plan. He was also not compliant with the permanency planning order entered after he had been found non-compliant with reunification. His lack of compliance has been consistent over a period of four years. His dishonesty and only recent attempts at sobriety support the court’s best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 31, 2023, Case #: CV-23-6, Categories: Family Law, Guardianship
J. Thyer finds the circuit court properly found the decedent’s illegitimate daughter to be an undisputed heir to his estate. The 180-day time limit for the daughter to file a claim was satisfied because the power of attorney acknowledging decedent’s paternity was executed prior to his death. She asserted a claim in a court of competent jurisdiction, satisfying a qualifying condition of the relevant statute. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 24, 2023, Case #: CV-22-270, Categories: Wills / Probate, Due Process
J. Thyer finds the trial court improperly convicted defendant for possession of meth and marijuana with the purpose to deliver, improperly denying his motion for directed verdict. The investigating officer testified that he found the drugs in a truck parked near where defendant was sleeping and that he had seen defendant driving it earlier and “believed” it to be defendant’s. The truck’s doors were unlocked, the windows were rolled down, it was parked close to the road and no keys were found. There is no evidence that the truck or the drugs were ever in defendant’s exclusive possession. Reversed and dismissed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 24, 2023, Case #: CR-22-644, Categories: Drug Offender, Evidence