Case law

Island v. Buena Vista Resort

352 Ark. 548 · Supreme Court of Arkansas · Apr 17, 2003

Code Ann. § 16-123-107 (Supp. 2001) provides: (a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical … In appellant’s final point on appeal, she argues that the trial court “clearly erred when it accepted as true all of the facts set forth by Mr. Bogdanov and BVR, and totally ignored the facts set forth by Ms. Island.”

Williams v. First Unum Life Insurance

358 Ark. 224 · Supreme Court of Arkansas · Jun 24, 2004

The extrinsic evidence clearly was not all in accordance with Elam's position that bipolar affective disorder is biological and not a mental illness. As such, the issue was properly submitted to the jury. … Elam intended to use the testimony of Gail Matthews, a local attorney, as extrinsic evidence to establish that the policy language was ambiguous. According to Mr.

Gore v. Emerson

262 Ark. 463 · Supreme Court of Arkansas · Nov 28, 1977

There is a provision for the appointment by the mayor, at such times as he may choose, of any qualified elector of the city, or any attorney licensed in the state and residing in the county in which the city is located to … The council is authorized to establish a schedule of fees or a monthly salary to be paid to the judge of the court out of the city’s general fund so long as the fee schedule or monthly salary is not based upon the conviction

Steel v. State

246 Ark. 75 · Supreme Court of Arkansas · Feb 10, 1969

Present counsel intimates that the Oklahoma attorney was not qualified to represent these appellants because he was not a member of the Arkansas Bar. … It is argued that the requirements of the rule established in Miranda v. Arizona, 384 U.S. 436 , were not complied with. We find no merit in this allegation.

Brown v. Bocquin

57 Ark. 97 · Supreme Court of Arkansas · Dec 24, 1892

Bocquin’s complaint, and counsel have not directed our attention to any allegation or proof that qualifies or breaks their force. … Bocquin were clearly not sufficient to show an actual possession by her of any part of these premises for a period of seven years.

Page, State Treasurer v. Rodgers, Trustee

199 Ark. 307 · Supreme Court of Arkansas · Nov 27, 1939

The courts will take judicial notice that many special acts have been heretofore passed by the Legislature establishing levee, drainage and highway districts. … We are clearly of the view that the classification made by act 311 is arbitrary and an unnatural classification of road districts coming under the same general class and so drawn as to exclude road districts that fall within

Plugge Ex Rel. Arkansas for Representative Democracy v. McCuen

310 Ark. 654 · Supreme Court of Arkansas · Nov 2, 1992

For example, this court had to decide initially whether "death qualified" juries violated a defendant's Sixth Amendment right. We held that such juries were constitutionally valid. Rector v. … As clearly stated, the court, too, declined to offer an advisory opinion on the constitutionality of the proposed measure.

In re Petition for Readmission of Madden

423 S.W.3d 39 · Supreme Court of Arkansas · Jun 21, 2012

Madden then requested an evidentiary hearing on the petition in order to establish a record for a vote of the entire Board. … Madden’s conviction for misprision of a felony, a class E felony under federal law, clearly falls within the definition of a “Serious Crime.”

Southern Farm Bureau Casualty Insurance v. Daniel

246 Ark. 849 · Supreme Court of Arkansas · May 5, 1969

Clearly, the legislature, by using this differing language, recognized the distinction between liability coverage and the uninsured motorist endorsement." … If a person is able to insure himself against punishment, he gains a freedom inconsistent with the establishing of sanctions against such misconduct.

Foreman School District No. 25 v. Steele

347 Ark. 193 · Supreme Court of Arkansas · Dec 6, 2001

Once the moving party has established a prima facie entidement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. Id. … And failure by the District to comply with a term of the contract, i.e., paying Steele’s salary, clearly became a breach of that contract.

Gipson v. Brown

295 Ark. 371 · Supreme Court of Arkansas · May 9, 1988

The evidence of record clearly shows that the code provisions governing nonprofit corporations interfere with the doctrine and polity of the church and infringe upon its guaranteed religious liberties—while at the same time … They are to hold office until their successors have been elected and qualified. The elders are serving as elders of the church and directors of the corporation at the same time.

MacKool v. State

365 Ark. 416 · Supreme Court of Arkansas · Mar 9, 2006

Clearly, the remaining evidence established the commission of the murder. Mickey Holloway testified that he discovered Ms. Ballard’s body on the morning of September 13, 2003. Dr. … Mike argues that this evidence was clearly inadmissible pursuant to Ark. R. Evid. 404(b), 608, and 609.

Rows v. State

224 Ark. 671 · Supreme Court of Arkansas · Feb 28, 1955

We know of no rule announcing prejudice in such circumstances through failure of the state to first show that the dogs were qualified, or that they were experts. … A corollary would seem to be that where flight is established the declaration of one who says he would have defended himself while evading arrest is likewise admissible. See Reed v. State, 102 Ark. 525 , 145 S.

Scales v. the Union Central Life Insurance Co.

200 Ark. 869 · Supreme Court of Arkansas · Jun 10, 1940

Scales any fractional dividend accruing between August, 1938, and October, 1938; the extension agreement itself clearly defines it and how the policy is to be kept in force. … Terry testified that he had been in the insurance business since November, 1916; that he-is a qualified actuary; was handed a statement of the computations showing debits and credits, and asked whether the same provided for

McGehee v. State

348 Ark. 395 · Supreme Court of Arkansas · Apr 25, 2002

This court will not reverse the denial of postconviction relief unless the trial court’s findings are clearly erroneous or clearly against the preponderance of the evidence. Green v. … Thus, the beating was established as an intended act, and both Bright and Page put McGehee in the house and established a relationship between McGehee and Melbourne. See Stickley v.

Parker v. State

265 Ark. 315 · Supreme Court of Arkansas · Mar 19, 1979

Appellant does not question the chain of custody between him and the chemist and the evidence established it rather clearly. … The basis for the motion was that the state had failed to establish the corpus delecti. There was no error in the denial of this motion.

Bizzell v. Booker

16 Ark. 308 · Supreme Court of Arkansas · Jul 15, 1855

It is an immunity, not a privilege: or, at most, a license revocable at the will of the tenant, who may turn his neighbor’s cattle away from his grounds at pleasure. ' Their entry is, in strictness, a trespass, which, for … Although the facts in the case are new in specie, they fall within a principle long established, that a man must so use^his own property, as not to injure that of others.” And after citing the case of Turberville vs.

Taffner v. State

541 S.W.3d 430 · Supreme Court of Arkansas · Mar 29, 2018

A circuit court's factual determinations on a motion for a new trial will not be reversed unless clearly erroneous, and the circuit court determines issues of credibility. Smart v. … Further, Taffner has not established a reasonable probability of prejudice. Therefore, Taffner is not entitled to reversal on this point. III.

Festinger v. Kantor

272 Ark. 411 · Supreme Court of Arkansas · May 4, 1981

If my daughters elect to continue said trust, it is my desire that my three daughters, the survivor or survivors, shall qualify and act as co-trustees with Ben Angel and such that all four of them will be charged with the … The record in this case establishes that he was a person of sound business judgment and acumen and of unquestioned integrity, was deserving of the great trust that his family placed in him and was equal to the responsibilities

Cherokee Nation Businesses, LLC; And Arkansas Racing Commission v. Gulfside Casino Partnership

632 S.W.3d 284 · Supreme Court of Arkansas · Oct 21, 2021

CV-20-438, we granted in part a petition for writ of certiorari and vacated the circuit court’s orders on the petitioners’ postjudgment motions for lack of jurisdiction, which found that CNB/Legends was not a qualified … The rule and Act clearly establish an additional requirement or qualification.