361 results for 'court:"Arkansas Court Of Appeals"'.
J. Harrison finds the circuit court properly modified the father's custodial time with his children and found him in contempt for failing to pay alimony and child support. The father has been working out of state, which constitutes a material change in circumstances since the entry of the divorce decree. The order of contempt is not final and appealable, as it allows the father to purge the order by paying alimony and child support arrearages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 7, 2024, Case #: CV-22-495, Categories: Contempt, Family Law, Guardianship
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: Evidence, Murder, Gangs
J. Virden finds the trial court properly convicted defendant for kidnapping. All evidence supports the conviction, as well as the court's denial of defendant's motion to represent himself. Defendant's arguments supporting self-representation included singing, explaining the problem was that he needed a real girlfriend, and referring to himself a soldier of truth and understanding. He also addressed the court as “Mommy” and “Judge K.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 31, 2024, Case #: CR-22-818, Categories: Evidence, Kidnapping, Self Representation
J. Brown finds the trial court properly convicted defendant for illegal possession of a firearm, domestic battery and terroristic threatening. A neighbor testified the victim, who had previously attempted to evict defendant, banged on his door with handcuffs on one hand and her face bloodied, pleading, “He’s got a gun, he’s going to kill me.” The neighbor testified she seemed truly terrified. Officers responded to information on defendant's location and found him hiding behind a blanket in the corner of the laundry room. Thhe victim's out-of-court statements to her neighbor were properly admitted under the excited utterance hearsay rule. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 31, 2024, Case #: CR-23-321, Categories: Firearms, Battery, Terrorism
J. Barrett finds the county court properly authorized garnishment of funds to be distributed to the beneficiary in probate from the estate. The court ordered the funds to be paid pursuant to two foreign contempt orders registered before the court. Though the beneficiary said the arrearages had been paid, he failed to produce evidence sufficient to establish any payments had been made on any of the court's orders. He also failed to raise the issue of insufficiency of service of process or lack of notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 31, 2024, Case #: CV-22-108, Categories: Civil Procedure, Wills / Probate, Due Process
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J. Klappenbach finds the county court properly denied defendant's motion to transfer his charges for first-degree murder and committing a terroristic act to the juvenile division. The victim, who it was believed by the 16-year-old defendant to have shot his codefendant a year earlier, was found with a gunshot wound to the back of his head. Statements made to officers tended to point toward defendant, who claims gang affiliation, as the shooter. Regardless of defendant's arguments, a juvenile may still be tried as an adult solely because of the serious and violent nature of the offenses. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 31, 2024, Case #: CR-23-232, Categories: Juvenile Law, Murder, Terrorism
J. Hixson finds the county court properly terminated the father's parental rights to his minor son. After the child was removed from the mother, the putative father was identified as the same individual previously found in a hotel room with the mother and child during an investigation that yielded boxes of stolen property, meth and drug paraphernalia, all found to be accessible to the child. The child was also treated for burn injuries, the father's explanation for which was inconsistent with the injuries themselves. Ample evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 31, 2024, Case #: CV-23-578, Categories: Evidence, Family Law, Guardianship
J. Wood finds the lower court properly sentenced defendant to 66 years in prison for convictions on charges of meth possession with purpose to deliver, drug paraphernalia possession and possession of marijuana. After drugs were found in defendant's vehicle during a traffic stop, more drugs were found at his home. The evidence was properly admitted and supports the conviction along with testimony given by defendant's accomplice. An investigator's testimony involving community impact was not prejudicial because defendant was not sentenced to the maximum term despite haven been tried as a habitual offender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 31, 2024, Case #: CR-23-281, Categories: Drug Offender, Evidence, Sentencing
J. Klappenbach finds the trial court properly found in favor of the landlord in a case where the tenant filed a sex discrimination counterclaim after the landlord had filed an unlawful detainer action against her. The trial court properly rejected the challenge to the strike of a black juror based on counsel's explanation of the peremptory strike as arising from concerns involving the age of the potential juror. This concern arose from the affinity younger people have with the act of shooting video, associated with video evidence that was admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 24, 2024, Case #: CV-22-725, Categories: Evidence, Jury, Landlord Tenant
J. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: Employment, Insurance, Due Process
J. Wood finds the trial court properly convicted defendant for aggravated assault upon an employee of a correctional facility based on sufficient evidence. Two witnesses testified they saw the inmate spit on the corrections officer during a cell inspection. The officer also photographed his sleeve, where the spit landed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 24, 2024, Case #: CR-23-361, Categories: Evidence, Assault, Prisoners' Rights
J. Hixson dismisses this appeal of the circuit court's finding in favor the estate. The decedent's parents say the court improperly ordered them to sell real property described in a warranty deed reserving a life estate and involved in an agreement to transfer a remainder interest in the property to their son. The circuit court awarded damages relating to certain property, but not to other certain property. The appeal is dismissed for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 24, 2024, Case #: CV-23-193, Categories: Property, Wills / Probate, Due Process
J. Harrison finds the trial court properly convicted defendant for possession of meth based on sufficient evidence. Defendant was found by his parole officer during a home visit to be under the influence of and in possession of meth. Furthermore, the jury properly declined defendant's challenge to evidence sufficiency based on the inability of the officer who measured amounts of the drug to testify, who was killed in the line of duty. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 24, 2024, Case #: CR-22-732, Categories: Drug Offender, Evidence, Due Process
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: Evidence, Family Law, Restraining Order
J. Abramson finds the trial court properly convicted defendant for theft of property based on sufficient evidence. After the gas station manager discovered missing lottery tickets and cash, she reviewed surveillance footage which showed defendant, an employee, stealing the tickets and money. Defendant objected to the admission of the restitution form, saying no evidence shows the amount of cash or number of tickets involved. The court properly overruled this, with the prosecution providing details of the calculations. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 24, 2024, Case #: CR-23-314, Categories: Evidence, Theft
J. Murphy finds the trial court improperly denied the ex-wife's derivative loan collection claim. The parties were awarded 50 percent of a business the ex-husband had acquired during the marriage. The wife brought her action on breach of fiduciary duty and conversion claims based on the husband's having taken shareholder loans from the business. When the loans were made, the husband was the only shareholder, choosing to take part of his compensation as loans. Whether the wife received any benefit from this is irrelevant because the loans are from the business and will be repaid under the derivative action. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 24, 2024, Case #: CV-20-606, Categories: Family Law, Property, Banking / Lending
J. Barrett finds the circuit court properly terminated the mother's parental rights to her three children. All evidence, including verified incidents of domestic violence and child abuse involving severe burns, as well as drug use, supports termination. Though the mother says the children's placement with their grandmother would make termination unnecessary, her arguments as to this alternative placement were not raised at trial. The court properly found adoption to be the best permanency goal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: CV-23-503, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, Threats, Terrorism
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: Evidence, Theft, Jury Instructions
J. Harrison finds the trial court properly convicted defendant for the sexual assault of his minor daughter and her minor friend. All evidence and testimony involving defendant's ongoing "grooming" of the children support the conviction. Though trial counsel has filed a no-merit brief and requested to withdraw, his brief did not address the adverse ruling that, before sentencing but after the finding of guilt, defendant was not allowed to see his children. Rebriefing is ordered and counsel's motion to withdraw is denied.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 17, 2024, Case #: CR-23-119, Categories: Sex Offender, Due Process, Child Victims
J. Abramson finds the circuit court properly terminated the mother's parental rights to her minor child. The department of health and human services filed a petition for dependency-neglect and emergency custody after the child reported her parents were using drugs. Though the mother refused testing, the father and child tested positive for meth, and residue of the drug was found in the home. The mother, who was unemployed and did not maintain adequate housing, failed to complete drug-and-alcohol assessments, counseling or parenting classes. Furthermore, counsel has filed a no-merit brief and his request to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 17, 2024, Case #: CV-23-338, Categories: Evidence, Family Law, Guardianship
J. Barrett finds the trial court properly revoked defendant's probation for his conviction on charges of second-degree forgery and possession of a controlled substance with purpose to deliver. After defendant was sentenced to probation, he was again arrested on gun and drug charges in violation of his probation terms, and all evidence supports revocation. Counsel's motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 17, 2024, Case #: CR-23-275, Categories: Drug Offender, Firearms, Forgery
J. Virden finds the circuit court properly terminated the parent's parental rights to their infant children. Following removal of the children, the mother was incarcerated, and both parents failed to undergo treatment, tested positive for drugs, and failed to complete anger management or parenting classes. Both had violated a no-contact order and were charged with public intoxication, as well as disorderly conduct and resisting arrest. Furthermore, both parents attended only two of nine child visitations, leaving early each time. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: January 17, 2024, Case #: CV-23-382, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: Family Law, Property, Contract
J. Gladwin finds the circuit court properly terminated the mother's parental rights to her child. The child was taken into custody after testing positive for meth and THC at birth. Though the mother was partially compliant with the reunification plan, her failure of certain drug tests resulted in the termination of reunification efforts. The mother cannot show the court improperly denied her request for a continuance. Furthermore, counsel has filed a no-merit brief and his motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CV-23-355, Categories: Evidence, Family Law, Guardianship
J. Brown finds the trial court properly found defendant guilty of failure to comply with sex offender registration and reporting requirements. When defendant moved during the Covid-19 pandemic, a sign-in sheet available to those registrants required to report in-person did not contain defendant's signature. Water usage reports at a residence for which defendant applied for service show consistent usage during a period in which no change of address was reported by defendant. All evidence supports the court's finding that defendant failed to report his change of address. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 17, 2024, Case #: CR-23-329, Categories: Evidence, Probation, Sex Offender
J. Gladwin finds the circuit court properly revoked defendant's probation for her guilty plea conviction for theft of property. Defendant failed to report for intake and failed to make any payments on her fine or fees and costs. She also failed multiple drug tests. All evidence supports the court's finding that defendant inexcusably violated multiple conditions of her probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 17, 2024, Case #: CR-23-180, Categories: Drug Offender, Probation, Theft
J. Virden finds the circuit court properly terminated the mother's parental rights to her five children. The department filed a petition for emergency custody and dependency-neglect based on inadequate supervision, food, clothing, shelter and/or medical or mental healthcare, failure to protect a child from serious physical injury, and maltreatment. One child drowned while being cared for by a 13-year-old developmentally delayed child. The mother's boyfriend was also found to have abused the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 17, 2024, Case #: CV-23-507, Categories: Evidence, Family Law, Guardianship
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. Virden finds the trial court improperly denied the request for arrest reports and other materials under the Arkansas Freedom of Information Act. The trial court improperly interpreted case law involving the availability of materials during an ongoing investigation, improperly applying the undisclosed-investigations exemption. The case law did not establish a rule on what constitutes an undisclosed or ongoing investigation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 10, 2024, Case #: CV-22-751, Categories: Public Record, Due Process