Case law

Coulter v. Dodge, Chancellor

197 Ark. 812 · Supreme Court of Arkansas · Feb 13, 1939

It, therefore, clearly appears that the measure passed by one house was different from the measure passed by the other house. … A portion of that poem reads: “For thus such reverence is lent To well-established precedent. A moral lesson this might teach, Were I ordained , and called to preach.

Byers v. Fowler

7 Ark. 218 · Supreme Court of Arkansas · Jul 15, 1851

The individual who conducted the sale was not only reported in the country as the marshal, but he was in truth and in fact the lawful officer duly commissioned and qualified to act as such. … This answer is clearly defective in failing to aver want of notice down to the delivery of the deed from Van Grollman to himself.

Larimore v. State

327 Ark. 271 · Supreme Court of Arkansas · Feb 10, 1997

Clearly if his wife's death occurred after 6:45 a.m., he could not have killed her. It was undisputed that he was home with her all night, and that no one else was there. … The Penn court stated the reason for the limited period for filing such a petition as follows: We emphasize that we do not open the door to other petitions [for writ of coram nobis] beyond those that would qualify under the

Robertson v. State

298 Ark. 131 · Supreme Court of Arkansas · Feb 27, 1989

He went into a business establishment where he stabbed Mrs. Sanderlin with a pair of scissors. The scissors penetrated her eye and brain and caused her death. He left with Mrs. Sanderlin's purse. … The Eighth Circuit had reasoned that death qualified juries are unconstitutional, but the Supreme Court later held that they are not. See Lockhart v. McCree, 476 U.S. 162 , 106 S.Ct. 1758 , 90 L.Ed.2d 137 (1986).

Maiden v. State

438 S.W.3d 263 · Supreme Court of Arkansas · Jun 26, 2014

If the State does not provide information pursuant to pretrial discovery procedures, the burden is on the appellant to establish that the omission was sufficient to undermine confidence in the outcome of the trial. … Article 2, section 3, of the Arkansas Constitution states: "The equality of all persons before the law is recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity

Calnan v. State

310 Ark. 744 · Supreme Court of Arkansas · Nov 2, 1992

That was the intent, clearly expressed, of our opinion in Elmore v. State, supra . … Arkansas Code Ann. § 5-65-204(e) (Supp.1991) provides in relevant part: (e) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his own choice administer a complete

Howard v. Dallas Morning News, Inc.

324 Ark. 91 · Supreme Court of Arkansas · Apr 1, 1996

Clearly, Mitchell contracted with DSI, but that is not to say that it did so with DMN. (Emphasis added). The Howards take issue with the underlined portion of the order. … Evidence of Agency The Howards next argue that even if they were required to establish the existence of a contractual relationship between Mitchell and DMN, there is sufficient evidence from which to infer that Mitchell was

Clinton v. Estes

20 Ark. 216 · Supreme Court of Arkansas · Jan 15, 1859

At what time the declarations of Trammell, admitted by the Court, were made, does not clearly appear from the bill of exceptions. … But fraud, as well as crime, may be deduced from facts and circumstances established by the proof.

Beverly Enterprises-Arkansas, Inc. v. Arkansas Health Services Commission

308 Ark. 221 · Supreme Court of Arkansas · Feb 3, 1992

It seems to me that it clearly sets out that the need at the time of the hearing is “for 23 additional beds.” … Clearly, approval of beds granted after the application date must be taken into account in determining need.

Kagebein v. State

254 Ark. 904 · Supreme Court of Arkansas · Jul 9, 1973

Sheriff Garrison was not qualified as a medical expert and the admission of such testimony was improper. Redd v. State, 63 Ark. 457 , 40 S.W. 374 (1897). … The cases relied upon for the classification made in Alford clearly state the significance of the element of remoteness. The decision in Hummel v.

Dovers v. Stephenson Oil Co., Inc.

354 Ark. 695 · Supreme Court of Arkansas · Nov 13, 2003

When a motion for a new trial is made on the ground that the verdict is clearly contrary to the preponderance of the evidence, Ark. R. Civ. … Plaintiff’s Counsel: Your Honor, if her intention is to ask this officer about testimony given by a witness who is not here or will not testify, it’s hearsay, and the officer’s not qualified to talk about it.

Willis v. Crumbly

368 Ark. 5 · Supreme Court of Arkansas · Nov 6, 2006

The Arkansas Constitution provides that "[t]he Senate shall consist of members to be chosen every four years by the qualified electors of the several districts." Ark. Const. art. 5, § 3. … In any set of circumstances, however, venue must be established in the district where the wrongful election acts are alleged to have occurred. See § 7-5-802(b).

Dirickson v. State

329 Ark. 572 · Supreme Court of Arkansas · Sep 25, 1997

Appellant further relies on two cases from the Eighth and Eleventh Circuits; however, a review of the facts in those cases reveals that they are clearly distinguishable. In Starr v. … After the trial court denied appellant's original request for funds to hire an out-of-state neuropsychologist, appellant tried to find a qualified expert in Arkansas.

Shelton v. State

287 Ark. 322 · Supreme Court of Arkansas · Nov 12, 1985

The trial court would allow neither and instructed the defense that character could be established only by proof of reputation in the community. … F Appellant proposes that we reverse our holding on permitting death qualified juries. See Rector v. State, 280 Ark. 885 , 659 S.W.2d 168 (1983).

Ford Life Insurance v. Jones

262 Ark. 881 · Supreme Court of Arkansas · Feb 27, 1978

The insurance policy clearly provided that Ford Motor Credit would be the beneficiary. The judgment of the lower court in this regard was, of course, erroneous. … There is nowhere else on the form, nor any other relevant document used by Ford Life, for the insured to answer any questions, make any statements or qualify the language in the insurance policy.

National Bank of Commerce v. Beavers

304 Ark. 81 · Supreme Court of Arkansas · Jan 28, 1991

Rule 403 or that it was tendered by the appellants for the purpose of establishing the issue of punitive damages, which, as previously mentioned, is of no moment. … Clearly, we considered, as did the trial court, the threshold issue of relevancy with regard to all of the proffered testimony.

Allstate Insurance Co. v. Dodson

376 S.W.3d 414 · Supreme Court of Arkansas · Jan 27, 2011

In a case for defamation, there must be evidence that establishes a causal connection between the defamatory statements and the injury suffered by the plaintiff. See Wal-Mart Stores, Inc. v. … Clearly, under this standard, the initial jury award of $15 million would be excessive.

House v. Road Improvement District No. 2

158 Ark. 330 · Supreme Court of Arkansas · Apr 16, 1923

In the first place, it is an established principle in all courts that the method of acquiring jurisdiction by publication is in derogation of the common law, and that the statutory requirements must be strictly construed … provision for giving the landowners a voice in the necessity or expediency of passing the acts imposing the whole cost of constructing the improved roads upon the landowners, but, in order to prevent a referendum to the qualified

Ward v. State.3

455 S.W.3d 830 · Supreme Court of Arkansas · Feb 26, 2015

Second, the question here is whether Ward has established a defect or breakdown in the appellate process. … Instead, we stated that in a death-penalty case the failure to verify was “clearly” a breakdown in the appellate process. Id.

City of Springdale v. Weathers

241 Ark. 772 · Supreme Court of Arkansas · Jan 16, 1967

In the first place the testimony was cumulative, it already having been established that appellees could not operate a Grade A Dairy because of the permanent injury to his farm. … This record clearly shows that the permanent damage from which the intention to take is inferred was sometime in the period from 1953 to 1962.