Case law

Holly v. State

520 S.W.3d 677 · Supreme Court of Arkansas · Jun 1, 2017

Regarding the circuit court’s reliance on Howard, Holly argues that it is clearly distinguishable from the case at bar. … We hold that this finding was not clearly against the preponderance of the evidence.

Swindler v. State

267 Ark. 418 · Supreme Court of Arkansas · Dec 17, 1979

We cannot say the judge clearly abused his discretion in selecting these jurors. There is no comparison at all between this case and the first Swindler case and the Ruiz & Van Denton case. … Illinois, 391 U.S. 510 (1968), the practice of permitting a prosecuting attorney to qualify a jury for the death penalty was not prohibited; what was prohibited by Witherspoon is the exclusion of ajuror who is not irrevocably

Fortin v. Parrish

258 Ark. 277 · Supreme Court of Arkansas · Jun 16, 1975

unless the authority to do so is clearly established in the Constitution.” … The judge of the county court shall be elected by the qualified electors of the county for the term of two years.

Waggoner v. Troutman Oil Co., Inc.

320 Ark. 56 · Supreme Court of Arkansas · Mar 20, 1995

In fact, the undisputed evidence reflects that at least at some point Waggoner clearly assumed his duties as a fireman by taking the Mt. … For example, policy consideration "1" above focuses on the fire fighter as a class from whom the premises owner needs immunity (akin to a licensee or trespasser), not on the reasonableness of the activity of the premises

Borchert v. Scott

248 Ark. 1041 · Supreme Court of Arkansas · Oct 19, 1970

Furthermore, these funds clearly qualify as moneys received from sources other than taxes, as that term is ordinarily used." (Emphasis supplied). … The funds derived from the excise tax levied under Act 239 are clearly state revenue and clearly within the prohibition of Amendment 20 if they are paid into the state treasury.

Huff v. Hot Springs Savings, Trust and Guaranty Co.

185 Ark. 20 · Supreme Court of Arkansas · Jan 25, 1932

from which it appears that the Hot Springs Savings Trust & Guaranty Company was named as executor under the last will and testament of Miss Blanche Bell, who died prior to the 21st day of June, 1926, and that said company qualified … the said Margaret Huff who claims the same, and that the said Margaret Huff is not a competent witness, being prohibited under the Constitution of the State of Arkansas from testifying,' and the alleged gift has not been established

Hardy v. Hardy

203 Ark. 945 · Supreme Court of Arkansas · Mar 9, 1942

Hardy, Tr. 2590), together with supporting records, clearly establishes the correctness of these credits, but if it were not so, an arbitrary assumption that the credits were fictitious would not meet the burden of proof … Nevertheless, the defendants seemingly accepted the burden of proof which was not on them and clearly' established that this item was not dropped as charged (see testimony of J. V. Stewart, Tr. 1193; R. L.

Jackson v. State

249 Ark. 653 · Supreme Court of Arkansas · Dec 14, 1970

Subsequently, appellant called a police officer as a witness and established that appellant was wearing the same clothing in the lineup that he was wearing when arrested. … Be that as it may, it is clearly recognized in Wade that the presence of counsel is not required where there has been an intelligent waiver.

Baptist Health v. Haynes

367 Ark. 382 · Supreme Court of Arkansas · Oct 5, 2006

A person will not qualify to be included in the class where the account has been the subject of litigation, judgment has been entered, and the time for appeal has expired. … The legal requirements of commonality, numerosity, typicality, and adequacy have all been clearly and convincingly demonstrated. 11.

C. & A. Construction Co. v. Benning Construction Co.

256 Ark. 621 · Supreme Court of Arkansas · May 20, 1974

A usage of trade in the vocation or trade in which the parties are engaged or of which they should be aware gives particular meaning to and supplements or qualifies terms of an agreement. Ark.Stat.Ann. § 85-1-205(4). … By adopting in this context the term "usage of trade" this Act expresses its intent to reject those cases which see evidence of "custom" as representing an effort to displace or negate "established rules of law". * * * *

Davis v. Parham

362 Ark. 352 · Supreme Court of Arkansas · May 12, 2005

Once the moving party has established a prima facie entitlement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. Id. … In Eady, supra, we noted that there clearly is a rational relationship between the burden of proof required and the achievement of a legitimate governmental objective.

Brown v. State

374 Ark. 341 · Supreme Court of Arkansas · Oct 2, 2008

Becky Latch, a pediatrician who was qualified as an expert in child abuse and sexual abuse, testified that she examined A.B. in the Arkansas Children’s Hospital emergency room in January 2005. Dr. … Appellant also acknowledges that the burden of establishing such abuse falls squarely on his shoulders. Id.

Little Rock Newspapers, Inc. v. Fitzhugh

330 Ark. 561 · Supreme Court of Arkansas · Nov 13, 1997

That misrepresentation allegedly allowed the company to qualify improperly for $900,000 from the SBA. Matthews and Fitzhugh split $250,000 as their payoff, the government contends. … Appellant asserts that such evidence demonstrates that Appellee was a public figure under the standard established in Gertz. We disagree.

Central Coal & Coke Co. v. Lockhart

161 Ark. 97 · Supreme Court of Arkansas · Nov 19, 1923

If it had been omitted, or the indefinite article “a” substituted in its stead, the sentence and the sense would have been complete and would have as clearly expressed the purpose which the trial court evidently had in mind … It occurs to us that, when the instruction is viewed in the light of the evidence, it should be read as though the subjunctive “if” with which the instruction begins should be treated as qualifying each distinct proposition

Dodson v. Charter Behavioral Health System of Northwest Arkansas, Inc.

335 Ark. 96 · Supreme Court of Arkansas · Nov 12, 1998

After being qualified as an expert, Dr. … Clearly, no claim was filed in the Harrison Estate for Dodson’s injury or Drain’s death.

Calvary Christian School, Inc. v. Huffstuttler

367 Ark. 117 · Supreme Court of Arkansas · Jun 29, 2006

The circuit court further ruled that "exceptions to absolute immunity exist. … Moreover, the issue raised in Gaston clearly involved matters of church doctrine, while, the present case does not.

Hardy v. Heard

15 Ark. 184 · Supreme Court of Arkansas · Jul 15, 1854

And this exception, qualified as it is, does not appear to be unjust, or of dangerous tendency. … It does not infringe or touch that cardinal rule,' that where facts within the knowledge of defendants in chancery are clearly and positively denied, it requires one witness and. strong corroborating circumstance to destroy

Walther v. McDonald

243 Ark. 912 · Supreme Court of Arkansas · Jan 22, 1968

In that case, the court clearly recognized the validity of the doctrine in Cox v. … Act 235 of 1967 clearly recognizes that there have been gubernatorial appointments where Senate confirmations were not required. This is clearly a vacancy by death, resignation or removal, as defined in Justice v.

Plant v. Johnson

208 Ark. 217 · Supreme Court of Arkansas · Feb 26, 1945

The essential thought that we desire to establish from this sentence analysis of the act is that it is only a voidable defect that this act cures; and that the absence of “power to sell” is a defect that makes the sale void … The substantial defense in that case was that the county court had attempted to levy a school tax without being thereunto authorized by a vote of the qualified electors of the school district.

Ringo v. Woodruff

43 Ark. 469 · Supreme Court of Arkansas · Nov 15, 1884

That Daniel Ringo died in the year 1873, testate: and plaintiff, Joel Ringo, is the acting and duly qualified executor of his last will and testament. … Adams is his duly qualified and acting administrator.