349 results for 'court:"Arkansas Court Of Appeals"'.
J. Wood finds the trial court properly convicted defendant for aggravated assault, sentencing him to two years’ probation, a $250 fine, court costs and anger-management class attendance. The boyfriend of defendant’s ex-girlfriend testified that defendant drove his car at a high rate of speed at him, on his own property, and had previously threatened him. The boyfriend, who knew the ex “carried,” fired a warning shot into the ground and called 911. The girlfriend, alerted by the shot, looked outside to see defendant leaving. Defendant returned later, driving back and forth in front of the house and the police were called again. Substantial evidence supports the finding that defendant purposely accelerated his vehicle to within five feet of the boyfriend, creating a substantial danger of death or serious injury and showing indifference to the value of human life. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 4, 2023, Case #: CR-23-40, Categories: Evidence, Assault
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. Abramson finds the county court properly denied the nursing center’s motion to compel arbitration in this negligence and wrongful death suit. The deceased party’s sister and administrator of his estate signed the agreement as the “Responsible Party.” A check box indicating whether a “copy of my guardianship papers, durable power of attorney or other documentation has been provided to the Facility and is attached” is left blank. The deceased’s name was not listed within the arbitration agreement, though it was listed on the admission agreement. The nursing center has failed in its burden to prove that the sister “signed in a representative capacity with the legal authority to bind” the deceased party. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CV-22-397, Categories: Arbitration, Health Care, Wrongful Death
J. Hixson finds the circuit court properly terminated the mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect after the children were verified by protective services to be dirty with mildew and dried feces, covered with infected insect bites, lacking electricity and water, and had been seen outside in the road without supervision. The mother’s arguments for reunification lack merit because she has not made progress with her substance abuse program. The court was presented with ample evidence of potential harm to support the best-interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CV-23-243, Categories: Evidence, Family Law, Guardianship
J. Gladwin finds that the circuit court improperly ordered that one of the children remain in foster care. Although the dependency-neglect finding is proper as to one of the children since the father committed sexual abuse and the mother took no action to stop it, statute requires that in considering disposition alternatives, the court “shall give preference to the least restrictive disposition consistent with the [child's] best interest.” The court did not make “any findings as to adjudication.” Because the court declined to adjudicate the child dependent-neglect, it cannot jump to the disposition alternative of foster care. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 27, 2023, Case #: CV-23-150, Categories: Family Law, Guardianship
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J. Abramson finds that the county court properly found in favor of the county in this dispute regarding the responsibility for certain county jail maintenance fees. The city acknowledged it was responsible for its share of the relevant jail costs as set forth in a prior resolution. The court, therefore, did not err in finding that a different agreement did not exist for the relevant period, and it cannot be found that the court erred in awarding damages on the basis of the relevant ordinance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 27, 2023, Case #: CV-22-195, Categories: Administrative Law, Municipal Law
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. Brown finds that the county court properly denied the grandmother's request for placement, guardianship, or adoption of her daughter's child after a parental rights termination. The court properly considered relative placement, but the child's mother lives in the grandmother's home, bringing continued drug use and environmental factors into play. Also, the grandmother allowed men to live with her who had sexually abused her daughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CV-23-149, Categories: Family Law, Guardianship
J. Barrett finds that the county court properly terminated the divorced parent's parental rights to their children. The father is currently serving prison time. The mother reported that her new husband was touching one of the children inappropriately, was drugging her, and that he had been violent with her and the children. The children were removed and have remained in custody, and the father's relatives have not been able to commit to custody. It was found that there was little likelihood that services would result in successful reunification and neither parent appealed this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: September 27, 2023, Case #: CV-23-96, Categories: Family Law
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. Gruber finds that the county court properly modified the father's child support obligation. The father moved for the modifications at issue four months after one of the children moved in with him, and he did not request a hearing for another year. The court subsequently informed the parties that it would use a "shared income approach" to calculating the modification. Given the record and standard of review, there is no evidence of an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CV-22-437, Categories: Family Law
J. Brown finds that the trial court properly convicted defendant for first-degree murder and battery arising from a dispute over a gun purchase. Defendant's argument that the state failed to prove that he shot the victims on purpose is without merit. Witnesses testified that defendant was angry and had punched a wall. They also testified to seeing him load the gun and place it in his waistband. He shot one of the victims in the head at close range, and shot the other victim twice in the back as he fled. All evidence supports the finding of purposefulness. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CR-22-775, Categories: Intent, Murder, Battery
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. Abramson finds that the trial court properly entered a divorce decree. The husband's lack of cooperation with treatment for mania is what led to the divorce and to a no-contact order. However, the court’s written order does not recite the basis and reasons for the unequal division of marital property as required. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 27, 2023, Case #: CV-22-337, Categories: Family Law
J. Wood finds that the county court improperly granted the landlords' motion for summary judgment, dismissing with prejudice the tenant's complaint for forcible entry and detainer, trespass, and conversion. The landlords acknowledge that they did not seek summary judgment against the tenant, and they do not contest the argument for reversal on this issue. When ruling on a motion for summary judgment, a circuit court cannot grant relief beyond that prayed for in the motion. Other issues regarding the tenant's wife's party to the lease were properly dismissed. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 27, 2023, Case #: CV-22-581, Categories: Civil Procedure, Landlord Tenant, Conversion
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. Murphy finds that the trial court properly found that the farm/hunting lessor is entitled to an easement across the other hunting lease's land. The land that became the two leases was originally conveyed by the original owner at different times, and a road used by hunters on one of the leases to access another part of that lease that is separated by a bayou that runs through the other lease's land. This road was used by the original owner before conveying the land to the second lease and his permissive use is not applicable. The easement was properly granted on theories of prescription, necessity and implication. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 27, 2023, Case #: CV-21-222, Categories: Property
J. Virden finds that the trial court properly convicted a former Arkansas deputy of negligent homicide for fatally shooting an unarmed teenager. The deputy said he shot the the teen in the neck after the teen exited his truck and reached into the bed of the pickup while failing to comply with commands to show his hands. Two witnesses testified that they never heard the deputy tell the teen to show his hands. No abuse of discretion is found in denying the officer's requested jury instruction regarding the definition of "negligence," because the model instruction accurately stated the law, and the modification would have added a provision that did not exist. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 27, 2023, Case #: CR-22-377, Categories: Negligent Homicide, Jury Instructions
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. Wood finds that the county court improperly granted the romantic partner's motion to dismiss as untimely his partner's breach of contract claim arising from the couple's purchase of a home in Arkansas with plans of selling their Oregon homes. The relationship deteriorated and one of the partners asked the other to leave the Arkansas home. The parties’ oral agreement did not require the execution of a joint deed the moment a partner gave her home sale proceeds to the other, and the court of appeals is not required to determine when the breach occurred, but rather whether the statute of limitations bars the claim. Because the complaint does not allege a precise time that the partner was required to add the other's name to the deed, the untimeliness determination cannot be made. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 27, 2023, Case #: CV-22-509, Categories: Property, Contract
J. Hixson finds that the Arkansas Board of Review properly required the benefits recipient to repay $18,279 in overpaid unemployment benefits. The recipient was found to have been absent from work and failed to properly notify the employer. However, the decision that pandemic assistance benefits must also be repaid is remanded for further proceedings. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: E-22-344, Categories: Employment, Covid-19, Workers' Compensation
J. Hixson finds that the trial court properly revoked defendant's suspended sentence on his negotiated plea for felony failure to appear and sentenced him to 6 years in prison. Defendant was arrested for possession of crack and theft of property. The arresting officer testified that after receiving a call about a theft at O'Reilly's Auto Parts, he encountered defendant, who matched the description, and found cocaine on his person after a search. Tools stolen from O'Reilly's were later found nearby. The officer saw no other person in the area, and the evidence supports the conviction for theft. The state doesn't need to prove more than one offense, with the standard for revocation being that it is more likely than not that the offense occurred. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: CR-23-60, Categories: Drug Offender, Probation, Theft
J. Gruber finds that the trial court properly convicted defendant for manslaughter and tampering with evidence. Defendant was arrested pursuant to an investigation involving phone records after the victim was found in his residence with nine stab wounds, his corpse and the room covered in blood spatter. Defendant admitted to officers that he accidentally stabbed the victim twice after being sexually propositioned. There is nothing to connect the presence of drugs found in the victim's system to the murder, and a toxicology report was properly excluded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CR-22-749, Categories: Evidence, Obstruction, Manslaughter
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. Gruber finds the circuit court properly terminated the putative father's rights to his minor child. The child was taken into custody after testing positive for opioids at birth. Though paternity tests have shown that the putative father is not the biological father, he argues that he is a parent under the juvenile code and by his acknowledgement of paternity. DHS found his home could not safely accommodate a child, even after improvements were requested. The child needs the permanency of the foster care she has been in her entire life. She does not know or ask about the putative father, and parental rights will not be enforced in such a circumstance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 20, 2023, Case #: CV-23-86, Categories: Family Law
J. Murphy finds the trial court properly convicted defendant for three counts of sexual indecency with a child. Defendant's minor cousins have disclosed that he made sexual comments toward them, soliciting intercourse. One of them, out of fear that he would become physical, began secretly recording him. All testimony and evidence were properly admitted. The court told the jury to disregard the beginning of a vague question by the state that did not indicate a crime for which defendant was previously investigated. Any problem was cured by the instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 20, 2023, Case #: CR-22-402, Categories: Sex Offender, Child Victims, Jury Instructions
J. Virden finds the Arkansas Board of Review properly required the worker to repay unemployment-compensation benefits. The overpayment was a result of a final disqualifying determination finding that the worker was not able and available to work, not due to agency error. There is substantial evidence to support the findings. The Board also found that the worker was not at fault in causing the overpayment, which meets the first prong of the Federal Pandemic Unemployment Compensation-waiver analysis. This question is remanded for findings as to whether repayment of the FPUC benefits would be contrary to equity and good conscience. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 20, 2023, Case #: E-22-362, Categories: Employment, Covid-19, Labor
J. Gladwin finds the trial court properly found in favor of certain individuals associated with the trucking company in this suit brought by drivers who allegedly suffered serious injuries when their vehicle collided with a tractor-trailer when changing lanes to avoid two other collisions. The drivers failed to offer proof that their injuries were proximately caused by the other motorists’ alleged negligence. Because of conflicting airbag module data, certain aspects of the summary judgment granted in favor of the truck driver and his employer are reversed and remanded. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 20, 2023, Case #: CV-20-549, Categories: Tort, Vehicle, Damages
J. Wood finds the Board of Review properly required the unemployment benefits recipient to repay $972 in overpaid state benefits received along with federal pandemic assistance. The overpayment was not received as a direct result of an error by the Division of Workforce Services, and there is substantial evidence to support the Board’s findings. However, the Board failed to make any findings regarding the two prongs of the pandemic assistance waiver analysis, and this part of the appeal is remanded. Another amount was not appealed to the Tribunal and the order for repayment is vacated. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 20, 2023, Case #: E-22-346, Categories: Employment, Government, Covid-19
J. Brown finds the circuit court properly entered the divorce decree, denying the husband's motion for a new trial. In the complaint, the wife indicated that she was seeking divorce based on general indignities. She stated that her husband “has severe anger issues which he takes out on [her] and the... children by yelling and screaming...,” that he had threatened physical harm to her family, and that she and the children were in danger. The husband has failed to develop his argument against this, which is limited to three sentences accompanied by citations. However, the court failed to dispose of his counterclaim in the order granting the wife's request for fees, and so the counterclaim is still pending. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 20, 2023, Case #: CV-21-618, Categories: Family Law, Attorney Fees