349 results for 'court:"Arkansas Court Of Appeals"'.
J. Virden finds the circuit court properly revoked defendant’s probation and suspended imposition of sentence for his guilty plea conviction for domestic battery. Defendant failed to pay fines, costs and fees, nor did he meet with his probation officer according to the terms of his probation. He also committed the new offense of domestic battery. All evidence supports the revocation. Defendant’s arrest and incarceration for the new offense were not related to revocation proceedings and his time in jail could not have been due to his inability to make bail in the revocation proceedings. The court correctly ruled that no jail-time credit is warranted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 8, 2023, Case #: CR-23-122, Categories: Probation, Bail, Battery
J. Virden finds the circuit court properly awarded decedent’s wife a homestead and dowery interest in a property that decedent’s son claims funds a trust which would prevent the award. The court properly refused to admit certain trust documents by its own discretion and the arguments are not preserved for appeal because they were not raised in court. The circuit court also did not err in determining that no constructive trust was formed. The son does not assert that fraud, constructive fraud, false promise, or violation of fiduciary duty occurred that would give rise to a constructive trust. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CV-21-443, Categories: Evidence, Trusts, Wills / Probate
J. Brown finds the county court properly extended an order of protection against the ex-husband. The original order was sought by the ex-wife on allegations that the ex-husband had thrown objects at her head, choked her and had pulled her around by the hair. The ex-wife indicated that she was afraid due his instability and threats and showing up unexpectedly at her and her friend’s residences “in disguise.” The request for the order of protection was granted based also on evidence of the ex-husband’s other ex-wife and attorney winning orders of protection against him as well as great amounts of other evidence. All evidence supports the extension. Defendant does not point to evidence in the record showing that the court did not consider evidence calling the ex-wife’s credibility into question. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CV-22-618, Categories: Evidence, Restraining Order
J. Klappenbach finds the county court properly found that a nonexclusive easement exists in the property deed, preventing the owner from attempting to block or restrict their neighbors from using it. The owner was aware that the property he purchased was subject to the easement, which was not required to have been conveyed to the neighbors by the previous owner. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-719, Categories: Municipal Law, Property, Contract
J. Virden finds the trial court properly revoked defendant’s suspended imposition of sentence for his convictions on charges of commercial burglary, theft of property and firearm possession. The state presented evidence that defendant was honked at by a customer in the Walmart parking lot as he backed out of a parking space. That customer testified that defendant “floored it,” causing his car to spin and hit several other cars, also striking and killing another customer who had been loading groceries into her car. Defendant later tested positive for meth and marijuana. All evidence supports the revocation and the sentence is within statutory limits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CR-23-67, Categories: Drug Offender, Probation, Negligent Homicide
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J. Wood finds the county court properly determined certain property to be marital property in this marriage dissolution, awarding the ex-wife spousal support as well as ordering her to repay money withdrawn from the ex-husband’s nonmarital business accounts while denying her request for rehabilitative alimony. No corroborating evidence or testimony that the ex-husband’s parents intended money used to purchase property during the marriage to be a gift. Spousal support was properly awarded to be paid during the divorce proceedings as the ex-wife no longer worked for the husband’s business. Though the wife previously worked for the business, it was the husband’s premarital property, and she did not have authority to withdraw money from the business’s accounts. Affirmed on direct and cross-appeals.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 1, 2023, Case #: CV-22-186, Categories: Family Law, Property, Contract
J. Abramson finds the circuit court properly granted a father’s motion to modify custody of the never-married couple's daughter. The father filed for change of custody, stating that the mother’s mom had been charged with a criminal offense and arraigned for placing a recording device in the child’s diaper bag. The court’s modification of custody based on its finding that the actions were alienating the child from her father against her best interest was not clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-596, Categories: Evidence, Family Law, Guardianship
J. Murphy finds the trial court properly found defendant guilty of multiple rapes of his step-granddaughter. The girl disclosed to her school counselor that defendant had repeatedly raped her, and her mother testified that her daughter was diagnosed with clinical anxiety between the ages of five and six. The child testified that when she was four or five, defendant performed oral sex on her while she watched Frosty the Snowman, among other events of oral and vaginal copulation. She described her experiences as painful, including that defendant told her to “shut the fuck up and take it” when she complained. Though certain testimony by another victim addressed instances from 30 years ago, this propensity evidence is subject to a “pedophile exception” allowing admittance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-22-392, Categories: Evidence, Sex Offender, Child Victims
J. Gladwin finds the trial court properly terminated the parents’ rights to their minor child. The department exercised emergency custody after the child’s birth due to the mother’s intellectual disability and inability to care for him. Nurses observed the mother telling the child to “shut up” when he cried, refusing to change his diapers and refusing to wake up and feed him at night. She also failed to attend infant-care classes. After both parents were later found to be in compliance with the reunification plan, DHS learned that the father had violated the plan by leaving the child alone with the mother during an unsupervised visit. The child was then found to have a hand-shaped bruise on his thigh. Further evidence supports the best interest finding and the parents’ attorney’s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: November 1, 2023, Case #: CV-23-138, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly affirmed the commission’s determination that the energy production company improperly deducted postproduction expenses from royalties obtain through production on its newly acquired property. Though the commission says that “net proceeds,” as used in the applicable code, has been historically interpreted to allow only the deduction of taxes, assessments and third-party expenses from royalties paid to mineral owners, the producer says it interpreted “net proceeds” as requiring postproduction expenses incurred between the wellhead and the sale to be deducted when royalties are calculated. Substantial evidence supports the commission’s interpretation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-21-136, Categories: Energy, Tax, Business Expectancy
J. Murphy finds the trial court improperly dismissed defendant’s petition for postconviction relief from his convictions for negligent homicide, unauthorized use of a vehicle and driving while intoxicated. The court erred in concluding it did not have jurisdiction due to a lack of an explicit assertion in the petition that defendant was in custody. There is nothing in the record to indicate that defendant was not in custody at the court’s entry of the order. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-23-82, Categories: Jurisdiction, Due Process, Negligent Homicide
J. Barrett finds the Arkansas Board of Review improperly affirmed the Division of Workforce Services’ decision that the claimant repay the entirety of her unemployment benefits, allegedly having left work without good cause. The claimant received both state and federal benefits, and the board did not conduct two different waiver analyses. The appeals court affirms the decision requiring the claimant to repay $2,209 in state benefits, and remands for further findings regarding repayment of the $13,521 in federal benefits. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: November 1, 2023, Case #: E-22-406, Categories: Employment, Due Process
J. Thyer finds the trial court properly convicted defendant for four counts of failure to appear on drug possession charges. The county clerk testified without objection that defendant had signed each pretrial release order and failed to provide a valid excuse for his failure to appear. Defendant testified that he failed to appear due to having been robbed, hit over the head and concussed, and also due his attendance of his father’s funeral without knowledge of further court proceedings, being under the impression that a plea deal had been negotiated. The jury did not find the testimony credible or the excuses reasonable. The appeals court will not reweigh evidence or credibility. The sentencing order contains clerical errors which must be corrected. Affirmed. Remanded to correct sentencing order.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: November 1, 2023, Case #: CR-22-707, Categories: Drug Offender, Evidence
J. Klappenbach finds the trial court properly found that the ex-husband must reimburse the ex-wife according to terms of their property-settlement agreement. The wife worked for the civil service and according to the agreement the husband was entitled to half of her retirement. No qualified domestic relations order regarding the award was entered. The husband was awarded half of the retirement existing at the time of the divorce but had been receiving benefits that accrued after the divorce. This amount must be reimbursed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-511, Categories: Debt Collection, Family Law, Property
J. Gruber finds the Worker’s Compensation Commission properly determined that the employee failed to prove that she sustained a compensable injury to her lower back related to a compensable knee injury sustained while pushing a pallet cart loaded with wood. The employee complained of further pain after a knee replacement, which led to extensive treatment by several physicians resulting in the eventual discovery of the back injury. Conflicting medical evidence as to the relatedness of the injuries was properly considered. The commission has the authority to accept or reject medical opinion and to determine the opinions’ medical soundness and probative force. No error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 1, 2023, Case #: CV-22-781, Categories: Health Care, Experts, Workers' Compensation
J. Brown finds the trial court properly convicted defendant for battery committed against a 75-year-old man. Evidence of the victim’s previously unknown convictions for robbery, domestic battery, and solicitation of murder, as disclosed during trial by the victim’s testimony, did not constitute a discovery violation. The testimony did not prove that the victim was the aggressor and defendant’s motion for directed verdict was properly denied. No proof was presented for self-defense and the court properly denied defendant’s request for jury instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CR-22-407, Categories: Evidence, Battery, Jury Instructions
J. Murphy finds the trial court properly convicted defendant for two counts of negligent homicide. Evidence including defendant’s toxicology report confirming the existence of meth and THC in his blood, as well as witness testimony captured on officer body cam that defendant swerved into the oncoming traffic lane, toward a truck, without slowing down, all support the convictions. The court’s allowing entry of defendant’s medical records did not violate the confrontation clause and defendant’s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-23-162, Categories: Evidence, Negligent Homicide
J. Klappenbach finds the circuit court properly terminated the parents’ rights to their five-year-old child. The department became involved after reports of the child asking neighbors for food. The family’s home was found in disarray, with food, a marijuana pipe and the mother’s insulin needles on the floor. The mother had open sores on her face and legs, and the child was in dirty clothes. Both parents tested positive for THC, amphetamines and meth. The child had previously been in foster care due to domestic violence and alcohol abuse in the home. All evidence supports the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-23-173, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly denied the farm owners’ motion for reconsideration of its quieting of title to a disputed property line in favor of the owners of an adjoining property. Because of its unimproved and unenclosed state, the subject property cannot be adversely possessed. The farm owners presented no evidence of communications with previous owners confirming that they recognized a forfeiture of the property. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-266, Categories: Evidence, Property
J. Thyer finds the circuit court improperly found that the entirety of the Roth IRA and the rollover IRA were marital property. Though the husband made contributions to the Roth IRA during the marriage, the Roth IRA and the rollover IRA were established before the marriage. All other aspects of the court’s property division are affirmed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 25, 2023, Case #: CV-22-646, Categories: Evidence, Family Law, Property
J. Hixson finds the trial court properly denied a law firm’s motion to amend the pleadings to conform to the truth in this suit brought on claims that the other firm breached a fee-sharing agreement. The motion to amend could have been requested at various points during the 13-year process of litigation. Though, being it is undisputed that an involved attorney was accommodated with an office at the law firm, instead of denying his unjust enrichment claim because of the finding that there was no enforceable contract, the court should have considered the evidence and decided on the basis of proper standards. Because the court of appeals reverses on direct appeal, it declines to address the other firm’s argument on cross appeal concerning the court’s denial of attorney fees. Affirmed in part on direct appeal. Reversed and remanded in part on direct appeal. Cross appeal dismissed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-20-213, Categories: Fiduciary Duty, Attorney Fees, Contract
J. Wood finds the circuit court properly found the dentist’s malicious prosecution and civil conspiracy claims brought against his patients, who say that the dentist sexually abused them while under anesthesia, are barred by collateral estoppel. The dentist did not establish the elements of malicious conduct and lack of probable cause necessary to prove his federal malicious prosecution claim, and that claim fails in state court. Because his federal conspiracy claim was predicated on malicious prosecution, the state claim for civil conspiracy fails. The court’s decision regarding a failure to properly serve is reversed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-20-366, Categories: Malicious Prosecution, Assault
J. Virden finds the trial court properly convicted defendant for possession of meth and drug paraphernalia. Defendant was stopped while driving due to the arresting officer’s previous knowledge of his license suspension. The officer observed a glass pipe with a crystalline substance in the vehicle. Upon a search, he found digital scales and a baggie of 6.8 grams of meth. Defendant says that the officer’s testimony regarding defendant’s surprised reaction to the officer's seeing the pipe was speculative and misleading because it implied defendant knew of the pipe despite the lack of any evidence. The argument is not preserved for review. All evidence supports conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CR-23-141, Categories: Drug Offender, Evidence, Search
J. Abramson finds the Workers Compensation Commission improperly determined that the employee was entitled to additional medical treatment, temporary total-disability benefits and attorney fees. The employee was originally diagnosed with a shoulder sprain after the employer initially accepted her claim, sent the employee for treatment and returned her to duty. The employer later denied the claim and the employee obtained her own treatment which revealed a massive rotator cuff tear requiring surgery. There is no evidence in the record to support a finding that the two injuries are causally connected. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 25, 2023, Case #: CV-22-645, Categories: Employment, Health Care, Workers' Compensation
J. Harrison finds the trial court properly convicted defendant for aggravated robbery and murder. Though defendant says that another person with whom he had spent the day drinking committed the robbery, evidence and inconsistencies in defendant’s story suggests that he was also involved in the crimes. A text message was found on defendant’s phone in which he stated that he was going to rob a house, and muddy shoeprints were found around and inside the home which matched shoes found in defendant’s closet. All evidence supports the convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CR-23-14, Categories: Evidence, Murder, Robbery
J. Wood finds the circuit court properly awarded primary physical custody of the parties’ daughter to the wife with standard visitation to the father. The presiding circuit judge retired and was replaced by another judge during the pendency of the court of appeals’ reversal and remand of the court’s denial of the father’s request that the court issue findings of fact and conclusions of law. The Arkansas Supreme Court assigned a temporary judge for the limited purpose of entering findings of fact and conclusions of law, and it had jurisdiction to do this. The appeals court will not reweigh evidence which the circuit court found to show that the parents’ level of cooperation and communication does not support joint custody. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-23-46, Categories: Family Law, Due Process, Guardianship
J. Murphy finds the circuit court properly terminated the mother’s parental rights after a domestic dispute between the mother and her sister prompted a call to police. DHS became involved because the mother was homeless and under the influence of drugs. The mother was found to be noncompliant with her parole or the case plan, and had been arrested on new charges, with additional felony charges pending. She failed to appear in court and failed a drug screen. All evidence supports the best interest finding and termination. The mother’s attorney’s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 25, 2023, Case #: CV-22-812, Categories: Evidence, Family Law, Guardianship
J. Harrison finds the circuit court properly terminated the mother’s parental rights after she tested positive for meth during the child’s delivery. The child tested positive for meth, Ambien and other drugs. The mother has not participated in services and has avoided contact with DHS. During a home visit, the grandfather of someone the mother previously dated told DHS that the mother had been gone for two days and had left the child in his care. All evidence supports termination. The mother’s attorney’s motion to withdraw is granted. Though the mother was informed of her right to file pro se points, she has not done so. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CV-23-9, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the circuit court properly revoked defendant’s suspended imposition of sentence, sentencing him to 54 months in prison on his guilty-plea convictions for meth possession and battery. An officer who participated in the search of a hotel room that defendant was seen directly outside of testified that defendant admitted that drugs that were found were his. This testimony was sufficient to establish that defendant had violated the terms and conditions of his suspended sentence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 25, 2023, Case #: CR-23-204, Categories: Drug Offender, Evidence, Search
J. Virden finds the circuit court properly granted the grandparents’ petition to adopt the deceased mother’s child. The grandparents were granted permanent guardianship after the death of the mother. The other grandmother contests the order based on the advanced ages of the petitioners, also saying that it severs the legal relationship between her and the child. The petitioners are healthy and have a plan for in place for the child’s care if they should pass away before she is 18 years old. The court determined that the child is healthy and flourishing with the grandparents, who wish for visitation with the other grandmother to continue. The order gives stability and permanency priority over the other grandmother’s legal relationship. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CV-22-543, Categories: Evidence, Family Law, Guardianship