Case law

Walker v. State

241 Ark. 300 · Supreme Court of Arkansas · Oct 31, 1966

This was proper in every respect as the report was clearly admissible in evidence if introduced by the maker thereof. Ark. Stat. … The rule as to a change of venue has been frequently examined and is well established. As stated in Perry v. State, 232 Ark. 959 , 342 S.

Bader v. State

344 Ark. 241 · Supreme Court of Arkansas · Mar 22, 2001

The trial court noted that safeguards against unlawful peremptory challenges were established in Batson v. Kentucky, supra. … The principle is well established that a trial court does not abuse its discretion in limiting the scope of voir dire examinations to questions addressing whether the venireperson would be qualified to serve as an impartial

Wasson, Bank Commissioner v. Pledger

192 Ark. 1006 · Supreme Court of Arkansas · Jul 13, 1936

“The undersigned hereby acknowledges that the funds paid to the undersigned, as evidenced by this receipt, have been paid from a trust account established (for the benefit of creditors of Cotton Belt Bank & Trust Co., of … no effort to ascertain anything about the condition of the bank or its ability to secure the fund by deposit of qualified bonds.

Bodcaw Lumber Co. v. Goode

160 Ark. 48 · Supreme Court of Arkansas · Jun 25, 1923

That principle was clearly recognized by this court in the case of Osborn v. Arkansas Ter. Oil & Gas Co., 103 Ark. 175 . … On the last rehearing the court based its conclusion on what was conceived to be a rule of property established by a long line of decisions in that State, though the majority opinion declared that those cases were in harmony

Educators & Professional Life Insurance v. Jordan

259 Ark. 710 · Supreme Court of Arkansas · May 10, 1976

A leading case, which clearly recites the reasons for the conclusion reached, is John Hancock Mutual Life Ins. Company v. Hicks, 43 Ohio App. 242 , 183 N.E 93. … However, until such proof is made the plaintiff has not established a substantive right to recover.

In re Arkansas Rules for Minimum Continuing Legal Education & Regulations

317 Ark. 659 · Supreme Court of Arkansas · Jun 27, 1994

(A) There is hereby established the Arkansas Continuing Legal Education Board (hereinafter referred to as the Board). … The Board may file a response as authorized by Rule 2-1. 7.06 DECISION BY THE ARKANSAS SUPREME COURT The findings of the Board shall not be reversed unless the Arkansas Supreme Court finds them to be clearly erroneous.

Tom Steele v. John Thurston, in His Official Capacity as Secretary of State for the State of Arkansas

609 S.W.3d 357 · Supreme Court of Arkansas · Oct 15, 2020

However, our constitution established a different regime for each proposed amendment. This court cannot change the constitution. … Clearly, by packing these proposed changes to three different parts of the Arkansas Constitution it frustrates rather than enables the electors to vote on each amendment separately, as Article 19, section 22 requires.

Van Hovenberg v. Holman

201 Ark. 370 · Supreme Court of Arkansas · Nov 18, 1940

If Holman was ineligible to vote in favor of granting a permit to The Texas Company, clearly no permit was granted, unless the issue can be determined by a majority of those voting on the question, even though they be less … If it should be held that penalty of the ordinance deprived equity of jurisdiction, then any person desiring to proceed in violation of law could pay the maximum fine and become immune thereafter except as to damages.

Pine Bluff for Safe Disposal v. Arkansas Pollution Control & Ecology Commission

354 Ark. 563 · Supreme Court of Arkansas · Oct 30, 2003

He explained that the only adverse effect clearly shown to be caused by dioxin is chloracne, a very disfiguring and persistent form of acne. … Thus, while an agency’s interpretation is not conclusive, it will not be overturned unless it is clearly wrong. Id.

Saul v. State

365 Ark. 77 · Supreme Court of Arkansas · Jan 26, 2006

In sum, Saul claims that the circumstantial evidence presented at trial clearly allows for other reasonable explanations consistent with innocence, and that the jury had to resort to surmise and conjecture to find him guilty … I think he’s qualified to start talking. He said he was cooking and he did. I’m going to let him talk about it.

Sargent v. State

272 Ark. 366 · Supreme Court of Arkansas · Apr 27, 1981

Immunity was granted to Cecil and Roy in exchange for their agreement to testify in the separate trials of Kate Marie Sargent and Donald. … The evidence establishes these events: In the early morning hours of February 19, 1980, the body of Charlie Frank Sargent was found along a remote stretch of Woodson Lateral Road in Saline County.

Leashebia Davis v. State of Arkansas

685 S.W.3d 909 · Supreme Court of Arkansas · Apr 11, 2024

The record before us establishes the following facts. I. … produce the result; and (2) [t]he conduct of the defendant was clearly insufficient to produce the result.”

Arkansas Pharmacist's Ass'n v. Arkansas State & Public School Life & Health Insurance Board

352 Ark. 1 · Supreme Court of Arkansas · Feb 13, 2003

the law authorizing the Department to establish such facilities. … The evidence clearly supports the Board’s position.

Davis v. State

296 Ark. 524 · Supreme Court of Arkansas · Oct 17, 1988

The majority opinion recognizes that a non-qualified officer’s arrest cannot be the basis for a conviction. … The stipulation filed by the parties clearly establishes that the person making the arrest in this case does not meet the provisions of these standards.

Jumper v. L & M Transportation, Inc.

296 Ark. 319 · Supreme Court of Arkansas · Sep 19, 1988

In fact, the record clearly reflects Jumper was never under appellee’s control but was, instead, the employee of Jimmy Sellers, who leased the rig to the appellee. … one time in their complaint alleged that Sellers was an agent of the appellee, they fail to argue the legal relationship between the two and instead argue the driver’s servant relationship to the appellee, claiming they established

Burns v. Estate of Cole

364 Ark. 280 · Supreme Court of Arkansas · Dec 1, 2005

This court reviews probate proceedings de novo, and we will not reverse the decision of the probate court unless it is clearly erroneous. Burch v. Griffe, 342 Ark. 559 , 29 S.W.3d 722 (2000); Babb v. … Burns first contends that the mere filing of his Petition for Appointment of Administrator on May 29, 2003, qualifies as an “action” or “claim” against the estate under section 28-9-209(d). We disagree.

Billingsley v. Lipscomb

211 Ark. 45 · Supreme Court of Arkansas · Jan 27, 1947

Conceding the sufficiency of the proof to establish these defects in the sale, they do not suffice to nullify the confirmation decree as none of them relate to the power to sell for the taxes admittedly due and-unpaid on … These cases have never been overruled or qualified. There was a departure, more apparent than real, from this holding in the case of Waggoner v. McLaughlin, 33 Ark. 195 , where a tax deed to a tenant was canceled.

Gill v. Arkansas Employment Security Division

306 Ark. 164 · Supreme Court of Arkansas · Jun 24, 1991

Shortly thereafter, he was advised by AESD that the agency had established 3.4 percent (the amount fixed by statute for new employers generally) as the experience rate applicable to his new firm. Ark. … But equally as clearly, those requests could not have related to a June 1987 acquisition and the resulting transfer of experience, and it is that acquisition to which the chancery court referred.

Berks v. State

501 S.W.3d 366 · Supreme Court of Arkansas · Oct 27, 2016

Deyoub specifically addressed the question of whether Berks qualified under the legal criteria of the statute, and, although he considered Berks’s history of treatment in his evaluation, he concluded that Berks failed to … Berks provided no supporting facts to establish that Dr.

St. Louis, Iron Mountain & Southern Railway Co. v. Hydrick

109 Ark. 231 · Supreme Court of Arkansas · Jul 7, 1913

The fact that the doctors rendered the accounts to the appellee, and that he acquiesced in the amounts thereof tends to establish the fact that appellee was indebted to the physicians for professional services in the sum … Cantrell, 37 Ark. 522 , this court, in commenting upon a similar instruction, said that it was “clearly correct.”