Category: Arkansas Court Opinions

QUALITY OPTICAL of JONESBORO, INC. v. TRUSTY OPTICAL, L.L.C., and Marvin Franklin Trusty, Jr. No. 05-251. 225 S.W.3d 369Supreme Court of Arkansas. Opinion delivered January 26, 2006. 1. LIMITATION OF ACTIONS — MISAPPROPRIATION OF TRADE SECRETS — ACTION BARRED BY STATUTE OF LIMITATIONS — CONTINUING WRONG THEORY EXPRESSLY PRECLUDED BY STATUTE. — Appellee’s acquisition of […]

Warren HENRY v. W. H. TRICKEY, d/b/a CENTRAL ARKANSAS TRACTOR SERVICE No. CA 82-405 653 S.W.2d 138Court of Appeals of Arkansas Opinion delivered June 22, 1983 1. SECURED TRANSACTIONS — REPOSSESSION AND DISPOSITION OF PROPERTY — RIGHT TO DEFICIENCY JUDGMENT. — Where farm equipment is repossessed and disposed of by a creditor, the creditors right […]

SOUTHWESTERN BELL TELEPHONE COMPANY v. Kenneth W. POINDEXTER No. 5-4706. 433 S.W.2d 833Supreme Court of Arkansas Opinion Delivered November 18, 1968 1. STATUTES — SUBJECTS TITLE — MATTERS COVERED BY TITLE. — Act 51 of 1951 by its express words applies both to private companies and cooperatives even though it is entitled “Rural Telephone Cooperative […]

EUREKA SPRINGS SALES COMPANY v. WARD. No. 5-963 290 S.W.2d 434Supreme Court of Arkansas Opinion delivered May 21, 1956. 1. SALE — STOLEN PROPERTY — RIGHTS AND LIABILITIES OF BUYER. — The general rule — as regards all personal property except money and negotiable paper — is, that a purchaser from a thief acquires no […]

Wilburn A. HENDERSON v. STATE of Arkansas No. CR 82-107 664 S.W.2d 451Supreme Court of Arkansas Opinion delivered February 13, 1984 1. CRIMINAL LAW — ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL — SUCCESS OR FAILURE OF TRIAL STRATEGY NOT MEASURE OF COMPETENCE. — As a matter of trial strategy, competent counsel may elect not to request […]

JOHNSON v. FOSTER. No. 4-6124 146 S.W.2d 681Supreme Court of Arkansas Opinion delivered December 9, 1940. 1. DEEDS — FRAUD — FINDING OF CHANCELLOR. — In appellant’s action to cancel a mineral deed executed by their ancestor on the ground of fraud and incapacity to execute the deed, the finding of the chancellor that there […]

Elbert GRISSOM v. STATE of Arkansas No. 5821. 491 S.W.2d 595Supreme Court of Arkansas Opinion delivered March 19, 1973 1. CRIMINAL LAW — CONTINUANCE — DISCRETION OF TRIAL COURT. — The trial court has a wide latitude of discretion in granting a continuance and where the record fails to show prejudice resulting to accused or […]

ROSE v. W. B. WORTHEN COMPANY. 42 S.W.2d 1002Supreme Court of Arkansas Opinion delivered November 2, 1931. GUARDIAN AND WARD — AUTHORITY TO BORROW MONEY. — Acts 1927, p. 665, 2, authorizing a guardian to mortgage his ward’s real property to pay off liens thereon, does not authorize money to be borrowed thereon to support […]

253 S.W.3d 927 Terry Lee WARD v. STATE of Arkansas. CR 06-1327.Supreme Court of Arkansas. Opinion delivered March 22, 2007. MOTIONS — GOOD CAUSE EXISTED TO SEAL PORTIONS OF THE RECORD. — Protecting minors from embarrassment or exploitation was clearly a good cause to seal a portion of the record and portions of appellant’s brief […]

JIMMY McENTIRE and NELLIE McENTIRE, husband and wife; and MM LAND COMPANY, INC. APPELLANTS v. ALTA WATKINS, APPELLEE CA 00-1082 43 S.W.3d 770Court of Appeals of Arkansas May 9, 2001 1. Appeal error — chancery cases — standard of review. — The appellate court reviews chancery cases de novo on appeal, but does not reverse […]

WELLS v. STATE. No. CR 4082 114 S.W.2d 451Supreme Court of Arkansas Opinion delivered March 14, 1938. 1. APPEAL AND ERROR — ARGUMENT OF COUNSEL. — Where the entire record of the proceedings in a prosecution for grand larceny was not presented to the Supreme Court, it could not determine whether certain remarks made by […]

Marvin BOYD v. STATE of Arkansas No. CA CR 84-132 680 S.W.2d 911Court of Appeals of Arkansas Division II Opinion delivered December 12, 1984 1. SEARCHES SEIZURES — WARRANT — COMMON SENSE TEST. — The magistrate issuing the warrant must make a practical, common sense decision based on all the circumstances set forth in the […]

Max A. TAUSCH v. STATE of Arkansas No. CR 85-4. 685 S.W.2d 802Supreme Court of Arkansas Opinion delivered March 18, 1985 1. AUTOMOBILE — DWI ACT SENTENCING PROVISIONS ARE MANDATORY. — The sentencing provisions of the Omnibus DWI Act are mandatory. 2. COURTS — NO INHERENT AUTHORITY TO SUSPEND EXECUTION OF SENTENCES — POWER TO […]

JONES v. ADCOCK. No. 5-2342 343 S.W.2d 779Supreme Court of Arkansas Opinion delivered March 13, 1961. 1. APPEAL AND ERROR — RECORD ON APPEAL, DUTY OF APPELLANT. — When a partial record is designated it is the appellant’s duty to comply with Ark. Stats., 27-2127.5 by serving a copy of the designation upon opposing counsel […]

H. H. HALL CONSTRUCTION COMPANY v. McLEOD. 15 S.W.2d 405Supreme Court of Arkansas Opinion delivered April 1, 1929. APPEAL AND ERROR — CONCLUSIVENESS OF VERDICT. — A verdict for plaintiff will not be set aside where plaintiff’s testimony, though sharply disputed, was legally sufficient to support the verdict, however improbable it may appear to the […]

Jeremy TURNER v. STATE of Arkansas CR 98-992 976 S.W.2d 955Supreme Court of Arkansas. Opinion delivered October 28, 1998 APPEAL ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part […]

SHIBLEY v. WHITE. No. 4-4623 104 S.W.2d 461Supreme Court of Arkansas. Opinion delivered April 26, 1937. 1. CONTRACTS — MEETING OF MINDS — INSTRUCTION. — In an action by appellee on written contract to erect brick walls for a building, a requested instruction telling the jury that “unless you find there was a meeting of […]