Category: Arkansas Court Opinions

THOMPSON v. HELMS No. 5-3020 370 S.W.2d 609Supreme Court of Arkansas Opinion delivered September 23, 1963. 1. TRIAL — DIRECTION OF VERDICT. — Where there was no substantial evidence in the record from which the jury could have found in favor of appellant, the trial court was correct in sustaining appellee’s motion for an instructed […]

Larry DONIHOO v. STATE of Arkansas CR 97-766 968 S.W.2d 62Supreme Court of Arkansas Opinion delivered June 11, 1998 1. CONTEMPT — COUNSEL’S GUILTY PLEA ACCEPTED — REINSTATEMENT OF APPELLANT’S APPEAL GRANTED. — Having accepted, during a show-cause hearing, counsel’s guilty plea for failing to file his client’s brief, the supreme court granted reinstatement of […]

TALLEY v. SANDERS No. 5-2607 354 S.W.2d 736Supreme Court of Arkansas Opinion delivered March 12, 1962. 1. MUNICIPAL CORPORATIONS — NOTICE TO CIVIL SERVICE COMMISSION PREREQUISITE TO JUDICIAL REVIEW OF ORDER DISCHARGING EMPLOYEE. — Petitioner sought to review the Civil Service Commission’s order discharging him from the city police force by a petition filed in […]

DOROTHY MOORE v. J. F. LAWRENCE ET UX No. 5-5881 480 S.W.2d 941Supreme Court of Arkansas Opinion delivered June 5, 1972 1. TRUSTS — CREATION VALIDITY — DEGREE OF PROOF REQUIRED. — While a trust in personal property may be declared, created or admitted verbally, and proved by parol testimony, the establishment of such a […]

Johnny COOK v. STATE of Arkansas CA CR 96-1507 952 S.W.2d 677Court of Appeals of Arkansas Division III Opinion delivered October 8, 1997 1. CRIMINAL PROCEDURE — RIGHT TO COUNSEL ABSOLUTE — DEFENDANT DOES NOT HAVE RIGHT TO COUNSEL OF OWN CHOOSING. — A defendant must be afforded the right to counsel at every stage […]

FARMERS HOME MUTUAL FIRE INSURANCE COMPANY v. BANK OF POCAHONTAS CA 01-712 101 S.W.3d 867Court of Appeals of Arkansas, Division III. Opinion delivered April 2, 2003 1. APPEAL ERROR — BENCH TRIAL — STANDARD OF REVIEW. — In bench trials, the standard of review on appeal is whether the trial judge’s findings were clearly erroneous […]

COOPER v. CALICO. No. 4-8737 218 S.W.2d 723Supreme Court of Arkansas Opinion delivered March 7, 1949. Rehearing denied April 4, 1949. 1. TRIAL — PROVINCE OF THE JURY — CONSIDERATION OF EVIDENCE. — In an action under the Guest Statutes willful and wanton conduct was alleged in an effort to show that the driver of […]

Carl ELLIS v. STATE of Arkansas No. CR 80-61 603 S.W.2d 891Supreme Court of Arkansas Opinion delivered September 15, 1980 1. CRIMINAL PROCEDURE — DETERMINATION OF PREVIOUS CONVICTION OF TWO OR MORE FELONIES — CONVICTION OF BURGLARY THEFT OF PROPERTY — For the purpose of determining whether a defendant has been convicted of two or […]

PIERCE v. STATE. No. 4189 145 S.W.2d 714Supreme Court of Arkansas Opinion delivered December 16, 1940. 1. NEW TRIAL — MOTION FOR. — A new trial will not be awarded for newly-discovered evidence which is merely cumulative of other evidence offered at the trial. 2. NEW TRIAL — SUFFICIENCY OF NEWLY-DISCOVERED EVIDENCE. — Where, in […]

Attwood C. DUNCAN v. STATE of Arkansas No. CR 73-26. 494 S.W.2d 127Supreme Court of Arkansas Opinion delivered May 14, 1973 1. CRIMINAL LAW — POSTCONVICTION RELIEF — EFFECTIVE ASSISTANCE OF COUNSEL, DENIAL OF. — Record failed to sustain appellant’s contention that prior offenses should not have been introduced against him because he had ineffective […]

EQUITY MUTUAL INSURANCE COMPANY v. MERRILL. No. 4-8914 221 S.W.2d 2Supreme Court of Arkansas Opinion delivered June 6, 1949. INSURANCE. — On the issue whether appellee’s truck which appellant had insured against loss by theft was stolen by appellee’s employee, held that the evidence was sufficient to support the finding that it was stolen. Page […]

Richard L. MAYS v. James NEAL, Executive Director of the Supreme Court Committee on Professional Conduct 96-690 938 S.W.2d 830Supreme Court of Arkansas Opinion delivered February 17, 1997 1. JURISDICTION — JURISDICTION OVER LAWYERS — PROFESSIONAL CONDUCT COMMITTEE HAS SUBJECT-MATTER JURISDICTION TO CONSIDER ISSUES THAT FALL WITHIN PARAMETERS OF THE MODEL RULES OF PROFESSIONAL CONDUCT. […]

Antonia NOVAK v. J.B. HUNT TRANSPORT CA 94-1019 892 S.W.2d 526Court of Appeals of Arkansas En Banc Opinion delivered February 22, 1995 1. WORKERS’ COMPENSATION — RESPONSIBILITY FOR TIMELY FILING OF THE RECORD ON APPEAL DISCUSSED — FILING OF THE RECORD ON APPEAL IS JURISDICTIONAL. — The record on appeal from the Workers’ Compensation Commission […]

258 S.W.3d 799 James E. FRANKS, Judy Franks, Mark Branscum, Robert F. Lucas James Alex Franks v. MOUNTAIN VIEW PLANNING ZONING COMMISSION, et al. No. CA 06-1234.Court of Appeals of Arkansas. Opinion delivered June 13, 2007. APPEAL ERROR — FAILURE TO TIMELY PERFECT — APPELLANTS’ FAILURE TO STRICTLY COMPLY WITH DISTRICT COURT RULE 9 DEPRIVED […]