349 results for 'court:"Arkansas Court Of Appeals"'.
J. Hixson finds the workers' compensation commission properly awarded additional medical benefits to the McDonald's cook who received certain benefits and a brief period of temporary total disability for a back injury. The additional benefits include all treatment set forth in evidence, as well as a back surgery recommended by the doctor. The commission concluded that a position of limited duration held by the cook, consisting of meal preparation and medical administration for his sick uncle, did not disqualify him from benefits in light of his testimony and other evidence. The employee is unable to perform remunerative labor with reasonable consistency and without pain. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 20, 2023, Case #: CV-22-640, Categories: Employment, Workers' Compensation
J. Barrett finds the Arkansas Workers’ Compensation Commission properly denied the caregiver’s claim for additional medical treatment, temporary partial-disability, wage-loss benefits, and attorney fees for her workplace injury caused by a collision with a wheelchair. The caregiver has a history of motor vehicle accidents involving injuries to her neck, back, and hip prior to her compensable injury. On surgical follow up, a doctor noted that the caregiver's nerve pain was gone, and she admitted that her right hip pain had been resolved. An expert's undisputed medical opinion states that another doctor's treatment is not related to compensable injuries. The caregiver is not entitled to lost wages or attorney fees. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 20, 2023, Case #: CV-22-570, Categories: Workers' Compensation
J. Virden finds the circuit court properly awarded $39,085 in attorney fees to the estate administrator in the underlying trust-administration case regarding the removal of the trustee. Detailed findings were made regarding how the amount was calculated, and nothing indicates that the court granted the award without due consideration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 20, 2023, Case #: CV-21-40, Categories: Trusts, Wills / Probate, Attorney Fees
J. Wood finds the trial court properly convicted and sentenced defendant for trafficking meth, maintaining a drug premises within 1,000 feet of a church, and possessing drug paraphernalia and marijuana. After the investigator responded to several anonymous tips about drug activity centered in defendant's apartment, he spoke with her, noticing an odor of marijuana coming from inside her apartment. All evidence supports the convictions. No directed-verdict motion provided a specific ground. Counsel did not mention constructive possession or joint occupancy, which are defendant's sole arguments on appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 13, 2023, Case #: CR-22-783, Categories: Drug Offender, Evidence
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J. Barrett finds the trial court properly convicted defendant for rape, sexual assault and sexual indecency with his girlfriend's minor daughters, sentencing him to a total of 76 years in prison. The assaults in question were videotaped and corroborated by victim testimony. Testimony that defendant made no effort to cover his genitals at a certain point allowed the jury to deduce that he purposely did so for sexual gratification. Witness credibility is an issue for the jury. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 13, 2023, Case #: CR-23-28, Categories: Sex Offender, Witnesses, Child Victims
J. Gruber finds the circuit court properly revoked defendant's probation for possession of drug paraphernalia, possession of meth or cocaine with purpose to deliver, and operation of a vehicle without insurance. Defendant entered a negotiated guilty plea to felony possession of drug paraphernalia and possession of meth. Counsel has filed a no-merit brief and a motion to withdraw, asserting that there is no issue of arguable merit to raise on appeal. The court clerk sent defendant a copy of counsel’s brief and motion to inform him of his right to file pro se points for reversal, which he did not. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 13, 2023, Case #: CR-22-675, Categories: Drug Offender, Probation, Plea
J. Hixson finds the circuit court properly found that the postnuptial agreement, executed after the couple's second divorce, was valid and enforceable, and also properly divided the couple's property. Both parties retained experts who gave conflicting testimony. After having the benefit of hearing that testimony and being able to review the voluminous financial records, the circuit court agreed with the husband's expert. Arkansas appellate courts give due deference to the circuit court’s superior position to determine the credibility of witnesses and the weight to be given testimony. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 13, 2023, Case #: CV-20-752, Categories: Family Law, Property, Experts
J. Abramson finds the circuit court properly granted the law firm’s motion to dismiss this legal malpractice suit for failure to state a cause of action. The wife of a business owner signed agreements guaranteeing a $375,000 loan to assist with company financing, and was later summoned for breach of contract, fraud, conversion and theft after defaulting. Evidence of the judge's alleged bias and argument that the court abused its discretion in denying the wife's motion to recuse is undeveloped. Her points revolve around the fact that there were adverse rulings, and such an argument has been repeatedly rejected as insufficient to establish bias or impartiality. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 13, 2023, Case #: CV-21-236, Categories: Evidence, Judiciary, Banking / Lending
J. Murphy finds that the circuit court properly terminated the grandmother's temporary guardianship of her grandchildren. The grandparents originally petitioned for temporary guardianship, alleging that the children were in imminent danger of environmental neglect or abuse due to the drug use of their daughter. The court properly afforded the father the fit-parent presumption in terminating the guardianship. Cited case law states that the "mere fact that a child may have... opportunities with another family cannot be enough to keep [them] away from an otherwise fit parent.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 13, 2023, Case #: CV-22-522, Categories: Family Law, Guardianship
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. 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. Brown finds the trial court properly convicted defendant for felony possession of a firearm, sentencing him to 15 years of incarceration. Assisting with a probation and parole home visit, police found a loaded 9mm handgun and ammunition in defendant's home. Though others also lived at the residence, the firearm was found in plain view, and defendant was the only occupant when the firearm was discovered. In the light most favorable to the verdict, substantial evidence has been shown that defendant had constructive possession of the firearm. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 13, 2023, Case #: CR-23-29, Categories: Evidence, Firearms
J. Barrett finds the Board of Review properly backdated the business owner's claim for unemployment benefits which were originally denied until, after having received pandemic unemployment assistance, it was found that she qualified for regular unemployment assistance. There is substantial evidence to support the Board’s decision to allow backdating of the claims. The Board found that business owner relied on erroneous agency advice and thereby showed good cause for her delay in filing for her total unemployment benefits. The case is remanded to consider the further waiver of backdating beyond fourteen days. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 6, 2023, Case #: E-22-305, Categories: Employment, Agency, Covid-19
J. Brown finds the trial court properly convicted defendant for the rape of his daughter. The 12-year-old reported to her school counsellor that she was having suicidal ideations, which led to a medical evaluation during which she reported abuse occurring from her father's insisting on helping her bathe. Videos found in defendant's possession, showing an older man coaxing a younger girl into showing off her body and then into sexual intercourse, and two minors engaged in multiple sexual acts with a much older man were properly introduced to show his proclivity toward younger females. All evidence supports conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 6, 2023, Case #: CR-22-286, Categories: Evidence, Sex Offender, Child Victims
J. Abramson finds the circuit court properly granted summary judgment in favor of the bank in this foreclosure proceeding regarding a loan for a convenience store. The borrower does not dispute that he voluntarily agreed to the terms of the loan. Any of the claimed financial distress he may have been under at the time cannot alter the terms of the agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 6, 2023, Case #: CV-22-173, Categories: Banking / Lending, Foreclosure, Contract
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. Gruber finds the circuit court properly adjudicated the parents' children dependent-neglected. A family service worker's affidavit set out that one of the children had been absent from school and that no bruising had been observed prior to those absences. Bruising was first observed when he returned to school, and the child relayed that his dad had hit him with a belt. All evidence supports the dependent-neglected finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 6, 2023, Case #: CV-23-89, Categories: Family Law, Guardianship
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. Hixson finds the circuit court properly terminated both parents' rights to their minor children. DHS originally became involved with the family when one of the children tested positive for THC at birth. The children remained in the family home while DHS offered services, including random visits and drug screens. DHS exercised a seventy-two-hour hold on the children due to the parents' continued drug use, finding head lice and bed bugs on the children at a medical checkup. The parents' behaviors over the course of the case does not show enough stability to render the court’s finding of potential harm clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 6, 2023, Case #: CV-23-11, Categories: Evidence, Family Law, Guardianship
J. Wood finds the trial court properly convicted defendant for rape and sexual assault of his 7-year-old granddaughter. The child had stayed with her grandparents for some time before her parents began noticing that she did not want to leave their sides and had begun to experience pain or difficulty urinating, as well as bed-wetting. After defendant claimed that he removed a tick from the girl's private area, she explained that he had touched her several times. The child's testimony that defendant touched her “privates” multiple times provides substantial evidence of sexual gratification sufficient to support the convictions. The weight of testimony concerning access to defendant's computer, which contained searches for “does masturbation cause precocious puberty” and “precocious erotic stories" was properly left to the jury to decide. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 6, 2023, Case #: CR-22-224, Categories: Evidence, Sex Offender, Child Victims
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. Abramson finds the circuit court properly denied the health and rehab center’s motion to compel arbitration of the wrongful death complaint brought by the special administratrix of the estate of the deceased. The administratrix did not have authority to bind the deceased to an arbitration agreement. The U.S. Supreme Court, in overruling a cited case, has held that the requirement of an express delegation of authority in a power of attorney to agree to arbitration unlawfully singles out arbitration agreements for different treatment from other agreements in violation of the Federal Arbitration Act. The power-of-attorney statutes at issue do not discriminate against arbitration agreements and the circuit court’s decision does not conflict with the cited case. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: August 30, 2023, Case #: CV-22-497, Categories: Arbitration, Wills / Probate, Wrongful Death
J. Barrett finds the circuit court improperly revoked defendant’s suspended imposition of sentence on his guilty plea conviction for possession of less than two grams of meth. The revocation was based on alleged violations of possession with intent to deliver that occurred prior to the sentencing order’s entry. Although defendant’s suspended sentence commenced upon pronouncement in the courtroom, it may not be revoked unless the sentencing order is entered in the record. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: August 30, 2023, Case #: CR-23-69, Categories: Drug Offender, Probation, Due Process
J. Gladwin finds the circuit court properly awarded the parents joint custody of their shared child. The evidence established that the father was able to provide a stable home life during the mother’s prior dependency-neglect process, that he did not contribute to the neglect, that the child enjoyed both homes, that the child’s attorney ad litem declared that the child was attached to both parents and his half siblings on both sides, that the attorney ad litem stated that he believed it was in the child’s best interest to have “as much contact with both parents as … possible”, and that he believed both parents are fit. No clear error is found, and the superior position of circuit court is given deference. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: August 30, 2023, Case #: CV-22-712, Categories: Evidence, Family Law, Guardianship
J. Murphy finds the circuit court properly granted summary judgment to the insurance company in this dispute over coverage for a traffic accident caused by a drunk driver with a suspended license who was not named on the insurance policy. The policy exclusion stating that the company does not provide liability coverage for injury or damage “caused by or in any way arising out of operation, maintenance or use of a vehicle by a … person who does not possess a valid, in-force operator’s license,” is properly characterized as unambiguous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: August 30, 2023, Case #: CV-22-499, Categories: Insurance, Tort, Vehicle
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. Virden finds the Board of Review properly denied the discharged employee’s claim for unemployment benefits. The employee was discharged for being absent from work and failing to notify the employer. Neither the employee nor the employer appeared before the appeal tribunal to present testimony. The employee’s claim of having had car trouble was not raised initially and the appeals court does not consider issues raised for the first time on appeal. The record and all evidence support the denial of benefits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: August 30, 2023, Case #: E-22-601, Categories: Employment, Evidence, Insurance
J. Brown finds the circuit court properly entered a $300,000 bond forfeiture judgment after defendant, whose appearance on multiple drug, firearm and terrorism charges was secured by the bond failed to appear. The bondsman argues that since “law enforcement willfully [decided] that extradition would not be authorized if the individual [was] located in another state,” the state didn’t make every reasonable effort to apprehend defendant. The bondsman cites no authority for its assertion that listing defendant as nonextraditable constitutes an unreasonable effort to apprehend. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: August 30, 2023, Case #: CV-22-401, Categories: Drug Offender, Bail, Extradition
J. Abramson, on this interlocutory appeal, finds the trial court improperly denied the wife and beneficiary of the deceased’s IRA account owner’s motion to compel arbitration after taking ownership of the IRA. The deceased’s children, from before this current marriage, say that the IRA was previously designated to become an asset of the family trust. The court’s order states only that the motion to compel arbitration was denied, without addressing threshold questions. Ameriprise does not deny that there is an arbitration clause in its contract with the wife, contending only that the court properly denied the motion because it would force it to litigate “two sides of a family dispute” in two separate forums. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: August 30, 2023, Case #: CV-22-252, Categories: Arbitration, Wills / Probate, Banking / Lending