352 results for 'court:"Arkansas Court Of Appeals"'.
J. Klappenbach finds the circuit court properly terminated the parents' rights to their daughter based on sufficient evidence. The mom had posted a video on Facebook Live showing herself driving and smoking marijuana with her sister, with the child improperly in the car seat. The mother also said the child was high. A child abuse hotline report had also been made alleging drug use, heavy drinking and domestic violence around the child. Furthermore, the father had not been taking his bipolar disorder medication upon the removal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: January 10, 2024, Case #: CV-23-479, Categories: Evidence, Family Law, Guardianship
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: Family Law, Property, Contract
J. Wood finds the trial court properly convicted defendant by guilty plea for first-degree murder based on sufficient evidence. The 77-year-old victim was found with a gunshot wound to the face during an officer's welfare check, and witnesses identified defendant running from the residence after they had heard a gunshot. Defendant's waiver of his right to counsel was voluntary, knowing, and intelligent. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 10, 2024, Case #: CR-22-701, Categories: Evidence, Murder, Due Process
J. Barrett finds the trial court properly convicted defendant for rape and internet stalking of a child based on sufficient evidence. When defendant's 14-year-old stepdaughter requested money for a Roblox gaming account, he sent her a text message that stated, “I give u the money blow me.” She protested after he explained what he meant, but eventually gave in. Facebook Messenger reported the inappropriate conversation and defendant was arrested. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 10, 2024, Case #: CR-23-20, Categories: Evidence, Sex Offender, Child Victims
J. Hixson finds the trial court properly found in favor of the adjacent landowner in this property dispute. The ATV recreation park, which leases land from the logging company, has designed riding trails that cross onto the adjacent owner's property, utilizing a road that was previously undisputed. Although the park's managing member testified that he has maintained the road for more than 20 years, the adjacent landowner says he became aware of the park's use of it only within the last two years. The managing member's overt activity did not satisfy the necessary 7-year statutory period for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 10, 2024, Case #: CV-23-39, Categories: Environment, Property, Due Process
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J. Gladwin finds the circuit court properly affirmed the commission's denial of the attorneys' application to vacate a mineral rights integration order. The attorneys, who were given a 35 percent interest in the property owners' mineral rights as a contingency fee, argue their predecessors-in-interest were not provided sufficient notice. The order granted the owners of unleased mineral interests a 15-day election period as to whether or not to participate in the well. The attorneys failed to establish that the heirs, who made no election, were not provided proper notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: December 13, 2023, Case #: CV-21-172, Categories: Property, Wills / Probate, Contract
J. Barrett finds the trial court properly convicted defendant for sexual assault. Defendant failed to exhaust peremptory challenges, and fails to show how having jurors’ addresses and phone numbers prejudiced him. Furthermore, testimony complained of as hearsay was allowed as background information for context, not as indicative of truth. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 13, 2023, Case #: CR-22-458, Categories: Evidence, Sex Offender, Child Victims
J. Wood finds the trial court properly found the minor defendant guilty of manslaughter. Defendant shot her father in the chest with a 12-gauge shotgun as he slept after being reprimanded for smoking and cell phone use. Excluded expert medical testimony that defendant has PTSD would not assist the jury in determining whether her belief she was being victimized was objectively reasonable. A recording of a previous argument between the mother and father was properly excluded, as it would have added little to defendant's first-person account of abuse inflicted directly on her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 13, 2023, Case #: CR-23-185, Categories: Evidence, Juvenile Law, Manslaughter
J. Thyer finds the trial court properly convicted defendant for murder based on sufficient evidence. The mother testified she left her 17-month-old child with defendant while running errands, following which she found her child unresponsive, defendant sweating, a hole in the living room wall and a broken bathroom sink. Though defendant claimed the child had choked on a grape, a CT scan revealed a skull fracture and no evidence of choking. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 13, 2023, Case #: CR-23-126, Categories: Evidence, Murder, Child Victims
J. Abramson finds the trial court properly found in favor of the family investment company on its allegations the family member did not pay a promissory note. The family member denied signing the promissory note but a handwriting analyst testified the signature was not forged. Furthermore, the family member’s argument that his expert’s testimony the signature is a forgery and that the company offered no evidence he unlawfully removed the note from a brother's home asks the appeals court to reweigh evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: December 13, 2023, Case #: CV-23-140, Categories: Debt Collection, Family Law, Banking / Lending
J. Harrison finds in favor of the friend and caregiver of the decedent on the decedent's niece's undue influence claim. The decedent had a falling out with her niece before executing a warranty deed giving the friend a joint tenancy in her home, and the friend proved beyond a reasonable doubt the deed was the product of the decedent's own intentions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 13, 2023, Case #: CV-22-681, Categories: Evidence, Property, Wills / Probate
J. Gruber finds the county court improperly entered an order modifying joint child custody involving the children's passports, international travel and education. The mother argues she neither agreed to the order nor authorized her attorney to do so. There is no record regarding whether an agreement existed, and no discretion is shown regarding the wife's motion to vacate. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: December 13, 2023, Case #: CV-23-107, Categories: Evidence, Family Law, Guardianship
J. Virden finds the trial court properly convicted defendant by guilty plea for first-degree battery. At sentencing, the prosecutor spoke about parole eligibility and good behavior and had an exchange with defense counsel involving the wide range of potential punishments, during which the prosecutor said defendant almost cut the victim's arm off. The jury had already been instructed that closing arguments are not evidence. Moreover, the trial court properly overruled defense counsel’s objection because the prosecutor was permitted to ask for the maximum punishment available and could also seek to impress upon the jury the seriousness of the injury. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: December 13, 2023, Case #: CR-22-583, Categories: Prosecutorial Misconduct, Sentencing, Battery
J. Virden finds the trial court properly convicted defendant for manslaughter based on sufficient evidence. Walmart surveillance video showed defendant's car spinning and hitting other cars, and striking an 86-year-old grandmother pushing a shopping cart. He also tested positive for meth and marijuana. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: December 13, 2023, Case #: CR-23-278, Categories: Evidence, Manslaughter, Vehicle
J. Hixson finds the trial court properly denied defendant's petition for postconviction relief from his conviction for rape based on sufficient evidence. Defendant's mostly consensual acts with the victim became aggressive, and although the victim told defendant to stop, he partly penetrated her vagina with his fingers and penis. Furthermore, defendant fails to demonstrate prejudice or a reasonable probability his sentence would have been different had his mother testified. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: December 13, 2023, Case #: CR-22-616, Categories: Evidence, Sentencing, Sex Offender
J. Murphy finds the trial court properly convicted defendant for rape based on sufficient evidence. The victim, who was 7 years old at the time, complained to her 4th grade teacher that defendant, who she and her mother lived with, had regularly sexually assaulted her. Medical examination revealed certain physical injuries consistent with sexual assault. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: December 6, 2023, Case #: CR-23-186, Categories: Evidence, Sex Offender, Child Victims
J. Harrison finds the trial court improperly convicted defendant for kidnapping three corrections staff members, holding them in a maximum security prison. Defendant entered a conditional guilty plea and now appeals the court’s denial of his motion to dismiss on speedy trial grounds. A "dizzying" number of dates are involved and finds that a total of 909 days were not excluded for speedy trial purposes and, therefore, defendant's right to a speedy trial has been violated. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-156, Categories: Kidnapping, Speedy Trial
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: Family Law, Property, Contract
J. Barrett finds the circuit court improperly granted summary judgment in favor of the surgeons in a medical malpractice case. The patient died during a kidney removal due to an injury to his abdominal aorta. Though the surgeons say their actions never fell below the standard of care, the record contains no description of how the injury occurred or what caused it and, therefore, material questions of fact remain. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 6, 2023, Case #: CV-22-94, Categories: Wrongful Death, Medical Malpractice
J. Harrison finds the trial court properly convicted defendant for sexual indecency with a child. The parents of the 14-year-old discovered he had been having sex with an 18-year-old in her car. Although having intercourse with the 14-year-old was not illegal under state law, it was illegal for her to expose her vagina for sexual purposes to a minor younger than 15 years old. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-125, Categories: Evidence, Sex Offender, Child Victims
J. Abramson finds the trial court properly denied defendant's petition for postconviction relief from her convictions for aggravated residential burglary and first-degree battery. Testimony shows defendant poured liquid cleaning chemicals on the homeowner and his child as they slept. Though the victim had a casual intimate relationship with defendant and she claims her actions were in self-defense, the victim says she had entered the home without his knowledge. A recording depicting the victims' suffering from chemical burns may have incited the jury, though defense counsel says that it “didn’t occur to” him at trial. Trial strategy is a matter of professional judgment and not grounds for an ineffective assistance finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: December 6, 2023, Case #: CR-22-558, Categories: Burglary, Ineffective Assistance, Battery
J. Wood finds the circuit court properly terminated the mother's parental rights to her child. The child tested positive for drugs, including meth, amphetamines, opiates and marijuana at birth, and the department exercised emergency custody after the mother failed to take part in services and was later arrested on drug charges. The mother’s failure to participate in services and her instability support the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 6, 2023, Case #: CV-23-502, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the circuit court improperly granted $13,000 in attorney fees to the husband in a consolidated divorce, conversion and replevin action. The only cause of action the husband prevailed upon was for replevin, which is not a cause of action for which there is statutory authority to award fees. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: December 6, 2023, Case #: CV-22-292, Categories: Family Law, Property, Tort
J. Gladwin finds the circuit court properly sentenced defendant to 10 years in prison on his guilty plea to drug paraphernalia possession, and 40 years for possession with purpose to deliver. Although a sentencing juror said that he had been robbed by "druggies" and was angry with them, he also said he could base his decision on what is presented in court and that he would incline toward the middle of the sentencing guideline. The juror was properly seated after he was found to have been sufficiently rehabilitated. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: November 29, 2023, Case #: CR-22-791, Categories: Drug Offender, Jury
J. Virden finds the circuit court properly denied the ex-husband's request to terminate his spousal support obligation. The ex-wife's ex-boyfriend, with whom she had a child, did not support her and his contact with her was only when he visited his child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 29, 2023, Case #: CV-22-659, Categories: Evidence, Family Law
J. Harrison finds the circuit court properly determined the decedent's son, her successor trustee, is responsible to distribute interest in inherited property among the heirs as the owner of the life estate of a non-family heir. Each of the children received a vested 1/8th undivided interest in the trust property upon the death of their mother, subject to the life estate of the non-family heir, according to the mother's will. The non-family heir purchased the children's properties before the interests were distributed. The non-family heir had standing to seek information on the resulting ownership, which required the circuit court to determine the heir's interests. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: November 29, 2023, Case #: CV-22-145, Categories: Property, Wills / Probate
J. Brown finds the circuit court properly terminated the parent's parental rights to their three minor children. The children were removed after the parents were arrested on multiple drug charges and the family's home, filled with feces and trash, was found to be a health hazard. Furthermore, the parents failed to present themselves for drug testing. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: November 29, 2023, Case #: CV-23-253, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly awarded summary judgment to the landfill in a dispute between two county waste management services over fees involving interdistrict waste, which forced the landfill to assess a service fee and remit it back to the county. One county's unilateral reduction of another's waste assessment fee disregards the fee statute. The county lacked statutory authority to assess a per-ton fee on haulers, making them responsible for collecting and remitting the fee. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: November 29, 2023, Case #: CV-22-142, Categories: Administrative Law, Government
J. Virden finds the circuit court properly ruled that attorney-client privilege and work product objections to discovery production in a bid dispute were insufficient and waived. The involved companies jointly responded to a request for proposals to replace Nevada's computer-based child support enforcement system as contractor and subcontractor. Nevada did not award a contract, though a year later it issued further requests for proposals. The contractor won this bid without including the subcontractor. The contractor's preliminary statement involving discovery delays is not a sufficient attorney-client privilege or work product doctrine objection. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 29, 2023, Case #: CV-22-338, Categories: Discovery, Privilege, Contract