Category: Arkansas Court Opinions

219 S.W.3d 156 Everett Doyle WELCH v. STATE of Arkansas. No. CR 05-266.Supreme Court of Arkansas. Opinion delivered December 8, 2005. 1. MOTIONS — DENIAL OF MOTION TO SUPPRESS — STANDARD OF REVIEW. — In reviewing the circuit court’s denial of a motion to suppress, the supreme court conducts a de novo review based on […]

235 S.W.3d 913 Jason BASHAM v. STATE of Arkansas. No. CA CR 04-963.Court of Appeals of Arkansas. Opinion delivered May 17, 2006. EVIDENCE — EVIDENCE OF PRIOR BAD ACTS WAS ADMISSIBLE — WITNESS’S TESTIMONY WAS RELEVANT TO THE FACTUAL DETERMINATION OF WHETHER APPELLANT MISTAKENLY BELIEVED THE VICTIM HAD CONSENTED TO THE ACT. — Where testimony […]

SYKES v. CARMACK. No. 4-8195 202 S.W.2d 761Supreme Court of Arkansas Opinion delivered June 9, 1947. 1. SALES — RETENTION OF TITLE. — A contract reserving title to an automobile in the seller until payment of the purchase price thereof may rest wholly in parol and a subsequent purchaser without notice of such reservation acquires […]

Ronnie MIDGETT v. ARKANSAS DEPARTMENT OF HUMAN SERVICES No. 89-307 785 S.W.2d 21Supreme Court of Arkansas Opinion delivered March 5, 1990 1. PARENT CHILD — TERMINATION OF PARENTAL RIGHTS — SUFFICIENT EVIDENCE THAT APPELLEE PROVIDED REMEDIAL SUPPORT SERVICES DESIGNED TO REUNITE THE CHILD AND THE PARENTS. — Where the record showed that appellant’s family began […]

Johnny WEAVER, in His Official Capacity as Mayor of the City of West Helena, Arkansas v. Honorable L.T. SIMES, Circuit Judge. No. 05-651. 229 S.W.3d 15Supreme Court of Arkansas. Opinion delivered February 16, 2006. PROHIBITION, MANDAMUS, OR CERTIORARI — WRIT NOT AVAILABLE IF THERE IS ANOTHER ADEQUATE REMEDY AT LAW — The Supreme court denied […]

Glenn HIGGINBOTHAM v. JUNCTION CITY SCHOOL DISTRICT, Alvin Kelly, Leon Hines, Randall J. Lyons, Stan Owens, John Sims, and Kevin Hux 97-749 966 S.W.2d 877Supreme Court of Arkansas Opinion delivered April 16, 1998 1. SCHOOLS SCHOOL DISTRICTS — SCHOOL BOARD DECISIONS — STANDARD OF REVIEW. — Regarding the review of school board decisions, it is […]

Brian K. ELLIS v. Larry NORRIS 97-104 968 S.W.2d 609Supreme Court of Arkansas Opinion delivered May 7, 1998 1. CONSTITUTIONAL LAW — EX POST FACTO CLAUSE — UNITED STATES AND ARKANSAS CONSTITUTIONS. — Article 1, § 10, of the United States Constitution provides that “(n)o state shall . . . pass any bill of attainder, […]

Sherry J. MORGAN v. DESHA COUNTY TAX ASSESSOR’S OFFICE CA 93-340 871 S.W.2d 429Court of Appeals of Arkansas Division I Opinion delivered March 16, 1994 1. WORKERS’ COMPENSATION — REVIEW ON APPEAL — FACTORS CONSIDERED. — When reviewing a decision of the Workers’ Compensation Commission, the evidence and all reasonable inferences deducible therefrom are reviewed […]

James HARRIS et al v. GUARANTY FINANCIAL CORPORATION No. 5-4243 424 S.W.2d 355Supreme Court of Arkansas Opinion delivered February 26, 1968. 1. USURY — CONSTRUCTION CONTRACT — LATE CHARGE, EFFECT OF. — Late charge assessed on monthly payments after default, although not agreed upon between parties to construction contract, did not render the transaction usurious […]

MOSS v. CHANDLER. No. 4-7697 189 S.W.2d 715Supreme Court of Arkansas Opinion delivered October 15, 1945. 1. EJECTMENT. — The plaintiff in ejectment must bring himself within the rule that a legal right to possession of the realty must be shown. 2. EJECTMENT — PLEADING. — In making out title by the party having the […]

308 S.W.3d 142 John H. BAYIRD, as administrator for the Estate of Mamie Elliott, Deceased, Appellant, v. William FLOYD, Appellee 08-1099Supreme Court of Arkansas. Opinion Delivered May 1, 2009 Appeal from the Drew County Circuit Court, No. CV-2007-0062-4, Hon. Don Edward Glover, Judge, Rebriefing Ordered. PER CURIAM. Appellant John H. Bayird, as Administrator for the […]

I. E. MOORE v. FIRST NATIONAL BANK OF HOT SPRINGS No. CA 81-88 623 S.W.2d 530Court of Appeals of Arkansas Opinion delivered November 4, 1981 [Rehearing denied December 2, 1981.] 1. GUARANTY — GUARANTOR ENTITLED TO STRICT CONSTRUCTION OF CONTRACT. — A guarantor is entitled to have his undertaking strictly construed, and he cannot be […]

DEPOSIT GUARANTY NATIONAL BANK v. RIVER VALLEY CO., INC. ET AL No. 5-4971. 444 S.W.2d 880Supreme Court of Arkansas Opinion delivered September 29, 1969 1. APPEAL ERROR — MOTION FOR SUMMARY JUDGMENT, DENIAL. OF — REVIEW. — Denial of a motion for summary judgment is not reviewable when followed by a trial on `the merits. […]