352 results for 'court:"Arkansas Court Of Appeals"'.
J. Wood finds the trial court properly convicted defendant for criminal mischief and impairing the operation of a vital public facility after shooting a water tower. Defendant was developed as a suspect from eyewitness accounts and a church surveillance video. Defendant admitted he had been drinking, was playing with his rifle and accidentally shot the tower. Though the ensuing shutdown and repair of the tower did not stop water service to the public, defendant's argument the disruption was not substantial is without merit. Defendant was properly ordered to pay $5000 in restitution. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: February 28, 2024, Case #: CR-23-522, Categories: Firearms, Property Crimes, Vandalism
J. Gruber finds the county court properly denied the business owner's motion to enforce an alleged settlement agreement with the bank. The bank filed a complaint against the owner and his now ex-wife alleging two promissory notes, totaling nearly $200,000, executed by them in favor of the bank were in default. Although the owner says a subsequent divorce decree requires his ex-wife to assume responsibility for the notes, email communications show the parties did not have a completed agreement that could be enforced by a court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 28, 2024, Case #: CV-23-115, Categories: Evidence, Banking / Lending, Contract
J. Murphy finds the trial court properly convicted defendant for murder. The victim's stepson testified that defendant had confronted them outside their apartment, firing shots into the air. The stepson left to call 911, hearing more shots as he ran, then returned to find the victim on the ground and defendant gone. Security video showed defendant fleeing in a vehicle associated with him, while other eyewitnesses also identified defendant as the shooter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 28, 2024, Case #: CR-23-322, Categories: Evidence, Firearms, Murder
Per curiam, the court of appeals issues a contempt citation and sanctions against the court reporter. The reporter failed to complete a record on more than one occasion, even after a writ of certiorari had been issued. The special master recognized the reporter had assumed additional duties during the Covid-19 pandemic, that she had been unable to resolve the situation despite her efforts, and that she later resigned from her position. Though the special master did find that some circumstances of her employment were unique, this did not justify her failure to comply.
Court: Arkansas Court Of Appeals, Judge: Per curiam, Filed On: February 21, 2024, Case #: CR-23-191, Categories: Administrative Law, Contempt, Covid-19
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
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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. Klappenbach finds the trial court properly convicted defendant for battery and endangering the welfare of a minor. Because more than three years had passed between his arrest and his motion to dismiss, this constituted a prima facie violation of defendant's right to a speedy trial. The court correctly set forth its reasoning why certain time periods were excluded for good cause due to the Covid-19 pandemic. Relevant rules of procedure do not require the court to make a determination of good cause for delay until a speedy trial allegation is made, and defendant was provided ample opportunity to object. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 21, 2024, Case #: CR-22-778, Categories: Battery, Speedy Trial, Child Victims
J. Gladwin finds the county court properly ruled in favor of the particular estate on claims of unjust enrichment and to quiet title regarding a dispute over the ownership of real property. The other estate says an agreement of ownership was reached by the brothers before their deaths. The appeal turns on the date that a deceased and surviving brother's claims accrued, not the deadline triggered by that accrual. Evidence supports the court’s finding the claims accrued when a widow repudiated her deceased husband’s agreement with his brothers. The claims of those brothers' estate would be considered timely under either deadline. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 21, 2024, Case #: CV-22-405, Categories: Property, Wills / Probate, Due Process
J. Abramson finds the county court improperly dismissed the construction company's counterclaim. The capital group brought a breach of contract action after the company allegedly failed to make payments outlined in the contract for future receivables. The construction company argues the contract qualifies as a security, and the county court failed to consider all relevant factors as to whether the contract is subject to the Arkansas Securities Act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 21, 2024, Case #: CV-22-100, Categories: Construction, Securities, Contract
J. Murphy finds the trial court properly convicted defendant for drug trafficking and firearms charges. Officers conducted a search of defendant's home based upon information from a different investigation for theft, finding a white crystal substance in plain sight. The ensuing warranted search yielded several glass pipes, as well as digital scales and plastic bags containing particles of meth. Over three pounds of meth were also seized, as well as rifles and $16,000 in cash. Evidence concerning an untested substance was relevant and admissible, and not outweighed by any possible prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: v, Filed On: February 21, 2024, Case #: CR-23-103, Categories: Drug Offender, Evidence, Search
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. Klappenbach finds the board of review improperly denied the employee's claim for unemployment benefits. The portable building sales rep was put on commission-only pay status while she worked from home during the Covid-19 pandemic. Though the employer says the sales rep abandoned her position, no evidence supports she was directed to return to work on the premises. While evidence suggests the employer was displeased with the rep's results working from home, it did not implement changes. The evidence does not support the finding the employee quit. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 14, 2024, Case #: E-22-608, Categories: Employment, Covid-19, Workers' Compensation
J. Gruber finds the trial court properly convicted defendant for possession of a controlled substance, sentencing her as a habitual offender. After defendant was stopped for expired tags, the officer smelled marijuana inside the car. He learned defendant's driver’s license was suspended and there was a search waiver on file. He then found a small bag of meth in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 14, 2024, Case #: CR-23-270, Categories: Drug Offender, Search, Vehicle
J. Barrett finds the county court improperly determined the biological father's consent was not required for his children to be adopted by their stepfather. While the biological father did not support his children and did not communicate with them, his contact with the children would have violated a protective order entered in favor of the mother. Also, the court directly affected the outcome by its failure to rule on a previous paternity petition and to set support and visitation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CV-22-426, Categories: Family Law, Due Process, Restraining Order
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: Construction, Property, Contract
J. Brown finds the trial court properly convicted defendant for terroristic threatening. Defendant was arrested after the victim confronted him at his home regarding a threatening letter the victim had received that had mentioned defendant. Defendant immediately threatened the victim, then pulled out a machete, swinging it at the victim. Several witnesses testified defendant told the victim he was going to “kill all you motherfuckers and take everything you got.” Substantial evidence supports the conviction, and the letter was properly entered as evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 14, 2024, Case #: CR-23-190, Categories: Evidence, Threats, Terrorism
J. Brown finds the county court properly terminated the father's parental rights to his three children. The department exercised an emergency hold on the children after an investigation into allegations of the mother's performing sex acts as a prostitute in front of them while living in a motel. The investigation also involved questions of the death of one of the children. The children tested positive for meth and cocaine, and neither parent showed any evidence of stability. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 14, 2024, Case #: CV-23-584, Categories: Evidence, Family Law, Guardianship
J. Barrett finds the trial court properly convicted defendant for burglary, drug possession and related charges. Police received a report of a home break-in and arrived at the scene to discover a shop, vehicle and home had been broken into and ransacked. A game camera showed defendant and his accomplices committing the break-in, all of whom were later identified when defendant was stopped for driving with a suspended license. A search of the vehicle yielded meth and a pipe. Accomplices testified to defendant's having stolen items from the victim's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CR-23-449, Categories: Burglary, Drug Offender, Evidence
J. Barret finds the trial court properly convicted defendant for murder, battery and firearm possession. The victims went to defendant's house to discuss issues regarding one of their daughters with the mother, who was at that time in a relationship with defendant. An altercation led to defendant shooting the victims, killing one and injuring the other. Though defendant claimed one of the victims had a gun, the mother, his girlfriend, testified she never saw them with a gun. Defendant's justification argument is not preserved for review because he failed to identify any element of justification in his directed-verdict motions that the state failed to disprove. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barret , Filed On: February 14, 2024, Case #: CR-23-445, Categories: Firearms, Murder, Assault
J. Gladwin finds the trial court properly denied the nursing home's motion to compel arbitration. The estate executor attests that admissions paperwork did not contain an arbitration provision, and a separate, voluntary arbitration agreement was sent for her review prior to the deceased party's admission. The executor says that the agreement she reviewed was not the same as the provision incorporated into the admissions agreement, and nothing in the record disputes the executor's sworn statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 14, 2024, Case #: CV-22-510, Categories: Arbitration, Health Care, Wrongful Death
J. Klappenbach finds the circuit court properly terminated both parents' rights to their infant daughter. The child was taken into custody after being found underweight, while the parents have admitted to drug use and the home was unfit, cluttered with garbage, and infested with roaches and mice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 7, 2024, Case #: CV-23-534, Categories: Evidence, Family Law, Guardianship
J. Wood finds the board of review properly refused to grant unemployment benefits to a hospital housekeeper unemployment benefits. The housekeeper was discharged for her challenging demeanor when confronted and insubordination after she refused to attend a disciplinary meeting involving an improperly cleaned data collection instrument. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: February 7, 2024, Case #: E-22-627, Categories: Employment, Evidence, Workers' Compensation
J. Gladwin finds the circuit court properly denied the nursing home's motion to compel arbitration on a daughter's negligence claims for injuries and the wrongful death of her mother. The mother allegedly sustained injuries from falls, was subject to inaccurate assessments and incurred a UTI. The arbitration agreement lacks mutuality of obligation and, therefore, is not a valid agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CV-22-517, Categories: Arbitration, Health Care, Wrongful Death
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. Gladwin finds the trial court properly denied defendant's challenge to the special conditions for sex offender probation. Defendant pleaded guilty to allegations he forced his 11-year-old stepdaughter to undress in front of him and kiss him, and that he watched her while she showered. He says the probation conditions that prevent him from having any relationship with someone who has a minor child are unconstitutional. The conditions bear a direct relationship to preventing re-offense, even being that a stricter standard was applied for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CR-23-320, Categories: Sentencing, Sex Offender, Child Victims
J. Gruber dismisses the ex-husband's challenge of the circuit court's entering of a temporary order of protection against him. The ex-wife sought the protection order after discovering he was incarcerated for a second assault charge involving his current wife. The husband has threatened to kill his current wife and the ex-wife has testified her children are scared of him. The temporary order is not a final order and is not appealable.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 7, 2024, Case #: CV-22-763, Categories: Evidence, Family Law, Restraining Order
J. Hixson finds the trial court properly convicted defendant for second-degree murder and employing a firearm. Officers testified that victim's wife called 911 after her husband ran from defendant's residence, bleeding and exclaiming he had been shot. A neighbor testified to the same events, and the weapon and shell casings were found in defendant's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 7, 2024, Case #: CR-23-188, Categories: Firearms, Jury, Murder
J. Abramson finds the circuit court properly denied the mother's petition to terminate paternal grandparent visitation with her child. The mother began denying visitation after a year of regular, significant visitation with the grandparents due to their daughter's having criminal drug charges. All evidence supports the court's order for visitation, and its finding the mother to be in contempt for failing to facilitate the visitation. The mother knew two court orders conflicted yet did not inform either court. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 7, 2024, Case #: CV-22-730, Categories: Contempt, Family Law, Guardianship