361 results for 'court:"Arkansas Court Of Appeals"'.
J. Klappenbach finds the trial court properly convicted defendant for negligent homicide. The victim motorcyclist was killed when he entered the turn lane and defendant, who was travelling in the opposite direction, veered his truck into the lane, striking the victim. Witness accounts and the condition of the defendant's and the victim's vehicles are sufficient to support the conviction. Defendant's above-limit blood-alcohol level test result was properly admitted. Use of an isopropyl alcohol pad on defendant's arm before his blood was drawn would not invalidate the test. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 27, 2024, Case #: CR-23-489, Categories: Evidence, Vehicle, Negligent Homicide
J. Gladwin finds the county court properly found the parties had a valid and enforceable marriage. After the husband's hospitalization for Covid-19, he returned home to find money in a bank account he had entrusted to his wife was gone. He filed for divorce and the wife denied the parties had been married. Evidence shows the parties held themselves out to the community at large as a married couple. The presumption of a lawful marriage exists when a couple who have lived together for a considerable time and hold each other out to the public as husband and wife. The property division is based on sufficient evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-23-127, Categories: Evidence, Family Law, Contract
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. Murphy finds the trial court properly convicted defendant for four counts of first-degree sexual assault, amended from the original charge of rape. Defendant's ex-wife's minor daughter asserted he raped her multiple times between the ages of 14 and 17. Sufficient evidence supports the conviction. Though defendant moved to strike the amended information or for a continuance, saying the information was filed giving him inadequate notice, the amendment was made after defendant divorced the mother and moved out of the residence, changing the nature of the relationship. This was known to the defense since the pendency of the case, and the court properly denied the motion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 13, 2024, Case #: CR-23-131, Categories: Sex Offender, Due Process, Child Victims
J. Gladwin finds the circuit court properly entered summary judgment in favor of the property owner who removed a boundary fence. The owner removed a fence that existed before the involved owners had purchased their properties, and a survey revealed the property boundary was beyond the fence. The other property owner filed a petition for ejectment, injunction and to quiet title after the fence was moved. This owner has shown no admissible evidence creating a material fact in question regarding both owners' mutual recognition of the original fence as a boundary. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 13, 2024, Case #: CV-22-557, Categories: Evidence, Property, Injunction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gruber finds the circuit court properly revoked defendant's suspended imposition of sentence. After defendant's convictions for use or possession of paraphernalia to manufacture meth or cocaine, drug possession and providing prohibited articles, she was found with fentanyl and drug paraphernalia when stopped for driving left of center. The search of defendant's vehicle was properly made, as the officer knew she was on parole. All sentencing factors were properly considered. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: March 13, 2024, Case #: CR-23-565, Categories: Drug Offender, Search, Sentencing
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: Family Law, Property, Contract
J. Brown finds the circuit court improperly terminated the Cherokee Nation member's parental rights to his minor son. The son was removed from his mother after she threatened to kill herself and him. paternity test revealed the identity of the incarcerated father, and the Cherokee Nation was informed of its right to intervene. Though both parents have not shown progress with their case plans, the evidence shows there were relatives willing to take custody upon approval of home study. The court also erroneously changed the case’s goal to only adoption following termination in contravention of mandates of the Indian Child Welfare act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-642, Categories: Evidence, Native Americans, Guardianship
J. Gruber finds the trial court properly convicted defendant for battery and possession of a weapon by an incarcerated person. The homemade weapon used to stab a corrections officer was found in defendant's prison cell. Though defendant seeks discharge on speedy trial grounds, the trial clock had not lapsed, as some of the excluded days were due to Covid-19 delays. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: March 13, 2024, Case #: CR-23-430, Categories: Weapons, Battery, Speedy Trial
J. Virden finds the workers compensation commission properly awarded the prison mental health advisor a permanent anatomical impairment rating. The rating of 10% impairment was awarded for both the advisor's wrists for her compensable injury of carpel tunnel syndrome. Though the department argues there were no objective physical findings after surgery, there is still no requirement that medical testimony be based solely on objective findings. The record contains all necessary supporting findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 13, 2024, Case #: CV-23-30 , Categories: Evidence, Health Care, Workers' Compensation
J. Brown finds the circuit court properly granted the final decree for stepparent adoption. The biological father was convicted on mail fraud charges after the parents divorced. The mother then moved out-of-state with the couple's child and remarried. The biological father's consent to adoption by the stepfather was not required because he had failed without justifiable cause to communicate with the child for a one-year period. The adoption is correctly found to be in the child's best interest. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-172, Categories: Family Law, Guardianship
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. Brown finds the trial court properly convicted defendant for delivery of a controlled substance and maintaining a drug premises. Several controlled buys of drugs from defendant were made by detectives using a confidential informant. Ample evidence supports the convictions, as well as defendant's more than 100-year sentence as a habitual offender. The informant identified defendant as the seller, and defendant's claim the exchange of money not being recorded on a device shows that evidence is lacking is unpersuasive. The informant's testimony does not require corroboration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CR-23-347, Categories: Drug Offender, Evidence
J. Gladwin finds the trial court properly convicted defendant for murder, kidnapping and firearm possession. After defendant and an accomplice were released on bond pending trial for drug charges, defendant was caught on surveillance video trading firearms with another party. Witnesses testified that defendant was involved in a heated discussion with the accomplice about who possessed the drugs and what would be testified to at trial. Defendant assaulted the accomplice after another party exacerbated the situation by accusing the accomplice of rape. The accomplice was then forced to get into the trunk of defendant's car before being taken to a remote location. He was later discovered in the burned-out vehicle, having been shot 4 times with a weapon defendant was known to possess. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 6, 2024, Case #: CR-23-407, Categories: Firearms, Murder, Kidnapping
J. Wood finds the trial court properly denied defendant's motion to dismiss a charge for domestic battery of her 17-year-old son. Though defendant was originally charged and convicted for multiple acts, a jury deadlocked on the domestic battering charge, resulting in a mistrial. The state retried her on the battery charge, and though she had been found guilty on the other charges, double jeopardy does not bar a retrial of the domestic battering charge. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 6, 2024, Case #: CR-23-418, Categories: Double Jeopardy, Battery
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. Abramson finds the trial court properly convicted defendant for cocaine trafficking and paraphernalia possession. After defendant was arrested following a traffic stop and search yielding the drugs, she made certain statements recorded by the police cruiser's cameras prior to Miranda warning. The statements were properly admitted, being the officer did not question defendant, but merely responded to her questions regarding narcotics found in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 6, 2024, Case #: CR-23-452, Categories: Drug Offender, Evidence, Miranda
J. Brown finds the trial court improperly sentenced defendant for felony domestic battery. The victim, defendant's girlfriend, testified that he, in a drunken rage, assaulted her after she told him that she was not "in the mood." She also testified to other instances of abuse, including defendant's punching her in front of her daughter. Photos taken by police showed the victim had been choked and that her arms were scratched. Though ample evidence supports the conviction, defendant had not yet been tried and convicted for a previous incident, which was improperly used as a sentencing enhancement. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 6, 2024, Case #: CR-23-184, Categories: Evidence, Sentencing, Battery
J. Barrett finds the trial court properly entered summary judgment in favor of the mining company. A partner in the crystal mine brought this lawsuit seeking damages for an alleged breach of a nondisparaging agreement in a previous settlement providing for liquidated damages of $250,000 if the settlement was breached. The record shows no evidence the partner made reasonable efforts to secure another partner's deposition, and a resulting affidavit testifying to certain statements regarding alleged thievery, in breach of the nondisparaging agreement, is hearsay. The residual-hearsay exception is not applicable being that no compelling reason for attaching more than average credibility to the hearsay has been shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 6, 2024, Case #: CV-23-211, Categories: Evidence, Damages, Contract
J. Hixson finds the circuit court properly entered certain child support and visitation orders in favor of the ex-husband. After a divorce, the wife remarried and changed states of residence multiple times pursuant to her new husband's transfers with the Navy. The ex-husband's orders for support and visitation were amended with each move. The mother's request to change venue was properly denied because the Arkansas court has exclusive, continuing jurisdiction over the child custody determination. The record does not reflect that the mother's filing the motion in Rhode Island violated any order by the Arkansas court, and the contempt finding against is her reversed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: March 6, 2024, Case #: CV-22-432, Categories: Family Law, Jurisdiction, Guardianship
J. Klappenbach finds the trial court properly convicted defendant for aggravated robbery and battery. The victim and an associate testified defendant shot the victim in the hand after demanding money when they responded to his Facebook Marketplace ad offering a Corvette for sale. Though a previous victim did not identify defendant, an online account mentioned by him was associated with defendant and was properly admitted as evidence of prior bad acts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 6, 2024, Case #: CR-23-402, Categories: Evidence, Robbery, Battery
J. Gladwin finds the county court properly denied the eldercare facility's motion to compel arbitration on an estate's claims the mother sustained injuries, infections and an untimely death. The daughter controlling the mother's financial matter's acceptance of the care is not sufficient to constitute implied ratification considering her sister's improper execution of the agreement under the assumption of authority pursuant to her appointment as an alternate agent for power of attorney. There was no valid arbitration agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 28, 2024, Case #: CV-22-400, Categories: Arbitration, Health Care, Contract
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. Virden finds the county court properly determined the trust acquired a tract of land by adverse possession and acquiescence. The disputed land on the boundary between lots owned by the competing trusts has been maintained and used by the one trust for decades. This maintenance has been variously done be the lessee of a portion of the land as well as by owner family members. Businesses have also paid rent to the trust for billboards erected on the disputed tract. No clear error is found in the court's decision that the trust proved acquisition, and the parties’ conduct demonstrates an implied agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: February 28, 2024, Case #: CV-22-532, Categories: Property, Contract
J. Abramson finds the trial court properly convicted defendant for sexual assault and sexual indecency with a child. Defendant was arrested after fleeing officers who were investigating a report of a man sexually propositioning minor females with money. Though defendant says that other victim testimony regarding identical prior sex acts was improperly admitted as prejudicial, the testimony was correctly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CR-23-483, Categories: Evidence, Sex Offender, Child Victims
J. Abramson finds the county court properly terminated the mother's parental rights to her child. The department filed a petition for emergency custody after treating physicians reported the mother's explanation for the child's broken femur and skull fracture was not plausible. The department also notes the mother suffers from delayed processing, and the putative father is bipolar and schizophrenic. After removal, the mother did not complete parenting or domestic-violence classes, and a caseworker testified she did not have the capacity to care for the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CV-23-643, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the county court improperly dismissed the homeowner's breach of contract claim. The customer alleges the painting company failed to complete work on her house in a professional and workmanlike manner, though the company denies it contracted to perform any work for her. Even though the company had filed a motion to dismiss prior to the homeowner's request for a dismissal without prejudice, her request for a nonsuit before submission of the case was absolute and should have been granted. Reversed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 28, 2024, Case #: CV-23-85, Categories: Due Process, Contract
J. Brown finds the trial court properly ruled in favor of the injured party, offsetting the judgment against costs awarded to the other party. The injured party filed for damages for a wrist injury more than two years after a minor traffic accident. Though he sought more than $300,000 in damages, the jury awarded the injured him $5,000, while awarding the other involved driver more than $11,000 in fees and costs. The court offset the judgment against the costs awarded to the other driver, ordering a judgment against the injured party for $6,000. The court did not act without due consideration in its deemed denial of the injured party's motion to vacate and to alter or amend its order denying his motion to reopen the record. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 28, 2024, Case #: CV-22-78, Categories: Vehicle, Damages, Attorney Fees
J. Barrett finds the trial court properly convicted defendant for sexual assault. The victim testified to experiencing multiple sexual assaults by defendant, her mother's boyfriend, occurring over a period of years between the ages of 3 and 14. Notably, though she had not seen defendant's penis, she knew what it was when he forced it into her mouth in a dark room. Defendant was apprised of the charges, and the jury was correctly not instructed on limiting certain conduct to rape and other conduct to sexual assault. Witness credibility is an issue for the jury, and the victim's testimony is sufficient. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 28, 2024, Case #: CR 23-147, Categories: Sex Offender, Child Victims, Jury Instructions