349 results for 'court:"Arkansas Court Of Appeals"'.
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
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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
J. Murphy finds the circuit court properly dismissed the heirs' claims contesting the validity of an amendment to their grandmother's will, in which she modified the will to leave everything to her grandson and administrator of the estate. The grandson was not aware of the amendment until after the grandmother's death, and the heirs fail to show evidence of coercion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: November 29, 2023, Case #: CV-22-150, Categories: Evidence, Wills / Probate
J. Thyer finds the circuit court properly denied the great aunt and uncle's petition for adoption after parental rights were terminated. The foster parents sought adoption but did not intervene in the dependency-neglect proceedings where the relative placement determinations were made until after termination. Following a termination of parental rights, relatives are no longer given preference over foster parents. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 29, 2023, Case #: CV-23-256, Categories: Family Law, Due Process, Guardianship
J. Murphy finds the trial court properly modified its custody order from sole custody of the children with the father to joint custody with the out-of-state mother. The father was hostile towards the mother and had attempted to interfere with the children's visitation with her. Though certain of the minor children were found to be socially awkward, with few or no friends due the father's homeschooling them, the court weighed this against concerns of removing the children from their home of nine years and from their father and siblings. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: November 15, 2023, Case #: CV-21-414, Categories: Family Law, Guardianship
J. Brown finds the circuit court properly terminated the mother's parental rights. The child was originally removed after the mother was arrested for several drug offenses while driving under the influence with the child in the vehicle, unrestrained. The mother only partially complied during the pendency of the case, tested positive for drugs and had at least four other arrests. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: November 15, 2023, Case #: CV-23-359, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the trial court properly divided property in a divorce case and awarded the marital home to the wife. Though the husband says the property was jointly owned pursuant to a written agreement, it was not mentioned in the pre-nuptial agreement nor identified in exhibits attached to the agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: November 15, 2023, Case #: CV-22-742, Categories: Evidence, Family Law, Property
J. Virden finds the Board of Review properly upheld the appeal tribunal's decision the recipient must repay almost $16,000 in unemployment and pandemic assistance benefits. The overpayment was a result of the agency's receiving insufficient information to determine the recipient's last place of work, not due to agency error. The recipient also fails to satisfy her unemployment-waiver analysis. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: November 15, 2023, Case #: E-22-457, Categories: Employment, Evidence, Covid-19
J. Harrison finds the circuit court improperly refused to award child support to the mother in this marriage dissolution. Though her ex-husband's inheritance of a family trust and farm are not marital property, because the husband has used the trust as a supplemental source of income it should be considered income for the purpose of child support. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: November 15, 2023, Case #: CV-22-241, Categories: Family Law, Property
J. Klappenbach finds the circuit court properly dismissed the inverse condemnation suit originally filed by the deceased parties and purchasers of a property upon which utility poles were erected after the purchase. The purchasers filed suit against the mortgage holder after abandoning a claim against the energy company, claiming the bank had a duty to pursue the suit on their behalf. Payments made on the refinanced mortgage did not toll the statute of limitations on breach-of-contract claims, and the purchasers were on notice of a potential claim against the bank when it declined to pursue the suit. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: November 15, 2023, Case #: CV-20-748, Categories: Property, Banking / Lending
J. Gruber finds the trial court properly convicted defendant for possessing a prohibited article while in custody of the Arkansas Department of Correction. Defendant was found to be in possession of a cell phone while incarcerated for aggravated burglary, robbery, theft of property and terroristic threatening convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: November 15, 2023, Case #: CR-23-177, Categories: Search, Due Process, Prisoners' Rights
J. Abramson finds the circuit court properly entered the adoption decree allowing stepparent adoption of the children by the mother's new husband without consent of the father. The father physically abused the mother, who was given custody of the children during the pendency of the divorce, and the final decree provided he was to have no contact with the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: November 15, 2023, Case #: CV-22-628, Categories: Evidence, Family Law, Guardianship
J. Barrett finds the trial court properly granted the homeowner's motion to strike a contractor's untimely answers, entering default judgment in favor of the homeowners. Though Sunday service of process is not allowed in most circumstances, in this case it was the only viable alternative and was properly made. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: November 15, 2023, Case #: CV-22-86, Categories: Construction, Due Process, Contract
J Thyer finds the trial court improperly designated the divorced couple's home as marital property and allocated the husband's 401(k) plan among him, his former ex-wife and his now-ex-husband. The ex-husband quitclaimed interest in the home to the husband in exchange for release from liability on the mortgage, which meets the statutory definition of a gift and thus satisfies the marital property exception. The trial court also failed to give full consideration to the domestic relation order entered in the prior divorce action as it applies to allocation of the retirement account. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 15, 2023, Case #: CV-22-622, Categories: Family Law, Property, Contract
J. Wood finds the circuit court properly distributed the decedent’s estate. The son, heir, and administrator of his father’s estate died 10 months after the father’s death and another son was appointed as administrator of the father’s estate. This son filed a petition for final distribution of the estate, claiming that the was the administrator of his brother’s estate as well. A sister was appointed administrator of the brother’s estate and filed a petition for amended distribution, saying that she was entitled to the deceased brother’s share of the father’s estate as the brother’s estate administrator, and accusing the other brother of fraud. The sister, who is the appointed administrator, is entitled to the deceased brother’s estate for the benefit of his heirs at law. This holds regardless of the wording of the father’s, will which expressly disinherits the brothers’ heirs. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CV-22-551, Categories: Fraud, Wills / Probate
J. Wood finds the trial court properly convicted defendant for domestic battering, terroristic threatening and aggravated assault on his wife. The wife testified that her husband accused her of cheating, then grabbed her by the hair, pushed her to the ground, hit her in the head, strangled her with a phone cable, threatened to kill her and plunged her face into the dog’s water and food bowls. She suffered long-term injuries, including permanent scarring, damage to a vocal cord and a brain injury. All evidence, including photos taken by police, supports the convictions, though the evidence does not support the conviction for first-degree battery. This conviction is changed to the lesser included offense of third-degree battery. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CR-22-537, Categories: Assault, Battery, Terrorism
J. Hixson finds the trial court properly divided the divorced couple’s assets unequally in favor of the wife. The husband was awarded the home, but ordered to pay the wife the full amount of equity. The trial court fully considered the husband’s extensive assets to be retained after the divorce, including substantial real estate, investments and businesses, as well as his net worth of $32 million. The husband had commingled marital and nonmarital assets, leading the wife to believe she was a partner in his companies. There was evidence that she had been involved in the company’s daily operations and management as well. There is record evidence of the home equity debt reduction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-22-330, Categories: Family Law, Property, Contract
J. Abramson finds the circuit court properly terminated a mother’s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect based on its knowledge of ongoing abuse, which began with a report that a seven-year-old had gotten out of the home and traveled several miles on her own on several occasions. A protection plan prescribed no contact between the putative father and one of the children based on allegations of sexual abuse. The mother’s denial of a drug addiction despite positive drug tests, plus all other evidence supports the conclusion that her past behavior and relapse from unsupervised to supervised visitation demonstrated potential future harm to the children. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 8, 2023, Case #: CV-23-309, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the trial court properly entered summary judgment in favor of the car wash owner in this dispute over the sale of several car washes. A settlement agreement was executed by the parties to resolve disputes arising from the seller’s creation of additional companies to effectuate the sale. The purchaser paid himself a $100,000 commission for the project’s closure and withheld this amount from the sale price plus six month’s wages for the seller’s hiring of two of the purchaser’s employees. No party agreed in writing to pay a broker’s commission pursuant to the settlement agreement. The second amended counterclaim alleging contract breach and the third-party complaint contain new and relevant allegations and evidence and the trial court’s dismissal is reversed. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-21-461, Categories: Commerce, Settlements, Contract
J. Barrett finds the circuit court properly terminated the mother’s parental rights to her four minor children. A petition for emergency custody and dependency-neglect was originally filed for one of her sons after he told police that his mother hit him with a belt for not cleaning his room. A family-service worker found the mother to be violent toward the children, which were all removed. The mother failed to make progress with services and continued to make poor decisions that placed the children at risk of harm. All evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: November 8, 2023, Case #: CV-23-307, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the trial court properly convicted defendant for attempted battery of a law enforcement officer and fleeing. Defendant was arrested after the officer, who knew he had arrest warrants, stopped the vehicle in which he was a passenger. Defendant fled in the vehicle after a short altercation and the officer pursued him, performing a vehicle immobilization maneuver to stop the vehicle. Defendant drove the vehicle directly at the officer, who shot at the vehicle three times to disable it. All events were captured on the officer’s dash cam. All evidence is sufficient to support the convictions and was properly entered. All jury instructions were proper. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 8, 2023, Case #: CR-22-460, Categories: Evidence, Escape, Battery
J. Gladwin finds the circuit court properly entered a final order of protection against the husband, accused of verbally threatened to kill his wife, threatening to kill her parents and threatening to ruin his wife’s career. He also spit in her face, punched holes in the wall by her, threw furniture at her, shot a gun above her head during an argument and texted her a photo of himself with the barrel of a rifle in his mouth. All evidence supports the order. The husband was also properly served. His entry of appearance and motion for continuance expressly acknowledged the court’s jurisdiction over both parties, consenting to that jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 8, 2023, Case #: CV-22-387, Categories: Evidence, Restraining Order, Jurisdiction
J. Brown finds the circuit court properly found the jury pool member guilty of indirect criminal contempt for failure to appear. When he was ordered to appear to show cause as to why he should not be held in contempt, he again failed to appear. After his arrest, at a hearing, he stated that he did not want to wear a face mask due to a medical condition, clarifying that he had called the court to explain that he was a truck driver who kept irregular hours. The case coordinator on the call told him he failed to provide the clerk’s office with his unavailable dates in advance and was still ordered to be present. The coordinator stated that he then hung up on her. In a later email, he stated that he is “free person ... not asking to be on this jury.” Defendant was at all times aware that the state’s witnesses were members of the court staff and raised no objection. He fails to demonstrate that he was prejudiced by the court’s denial of his motion for new trial based on the judge’s failure to recuse. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 8, 2023, Case #: CR-23-179, Categories: Evidence, Judiciary, Contempt