Case law

In Re Adoption of Amc

246 S.W.3d 426 · Supreme Court of Arkansas · Jan 4, 2007

25 U.S.C.A. § 1912 (f) (2006), which states: No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … court determined that "[Dennis and Lois] are morally fit to have the custody of the child and are physically and financially able to furnish suitable support, nurture, and education for the child and furthermore desire to establish

Bennett v. McGough

281 Ark. 414 · Supreme Court of Arkansas · Feb 21, 1984

I agree we should uphold them unless they are clearly erroneous. In this case the chancellor and the majority of this court are clearly erroneous, in my opinion. … He earns take home pay of $1,600 per month and these children would become covered under his insurance and would qualify for other benefits. The grandparents did visit.

Pirani v. Barden

5 Ark. 81 · Supreme Court of Arkansas · Jan 15, 1843

Even the tortious taking has sometimes been established by merely proving the detention; because, a person lawfully in possession may frequently become, by his acts, a trespasser ah initio, the trespass extending back to … The sheriff’s return was, therefore, clearly insufficient to authorize a judgment by default. We unintentionally omitted to remark upon the point relative to amending the affidavit.

Novak v. State

287 Ark. 271 · Supreme Court of Arkansas · Nov 4, 1985

Ill The next point involves the issue of death qualified juries. We have repeatedly rejected the view taken in Grigsby v. Mabry, 758 F.2d 226 (8th Cir. 1985). Further discussion is pointless. See Rector v. … The face is turned away but some bleeding from the nose is clearly visible. Even so, in a relative sense the scene is not particularly gory.

Harvey v. Ridgeway

248 Ark. 35 · Supreme Court of Arkansas · Feb 9, 1970

Under any view taken, Senator Harvey is qualified and eligible to serve as a delegate to the Arkansas Constitutional Convention and at the same time to serve as a state Senator.” … In our opinion, this contention is clearly untenable, and cannot be sustained by the authorities. In a territory, the source of all power is Congress.

Allen v. State

327 Ark. 350 · Supreme Court of Arkansas · Mar 17, 1997

State, 314 Ark. 152, 157 , 861 S.W.2d 299, 302 (1993), and taking “nothing ... as intended which is not clearly expressed.” Hales v. … Allen qualified as a “user” of the sewer system or a “contributor of wastewater.” The ordinance establishes that Mr.

Pledger v. Troll Book Clubs, Inc.

316 Ark. 195 · Supreme Court of Arkansas · Mar 7, 1994

Such instructions fall far short of establishing authorization and control. … In my opinion, teachers soliciting on behalf of Troll Book Clubs, Inc. might well qualify as representatives, canvassers, and so forth under the statute.

Arkansas State Highway Comm'n v. Diper

249 Ark. 1145 · Supreme Court of Arkansas · Feb 22, 1971

Both parties sought to prove market value by qualified experts who had familiarized themselves with existing conditions and were properly permitted to state opinions. … This seems clearly indicative to me of the reliability of such an approach, where the major property value is attributable to buildings.

Worth v. City of Rogers

341 Ark. 12 · Supreme Court of Arkansas · Apr 13, 2000

Clearly, the evidence before the trial court established the fact that this reappraisal was a countywide reappraisal as set forth in section 26-26-401. … The burden is on the moving party to establish that there are no genuine issues of material fact in controversy. Quirk, 323 Ark. 769 , 918 S.W.2d 138 . Appellees have clearly failed to meet this burden.

Webb v. Bouton

350 Ark. 254 · Supreme Court of Arkansas · Oct 3, 2002

P. 59, an appellant may be granted a new trial if “the verdict... is clearly contrary to the preponderance of the evidence or is contrary to the law.” Ark. R. Civ. P. 59(a)(6). … Fengler, as a defense expert witness, to establish causation at trial. The burden of proof to establish causation was upon Webb, the plaintiff. This argument has no merit. Affirmed.

Hill v. Kelly

368 Ark. 200 · Supreme Court of Arkansas · Nov 30, 2006

We agreed, interpreting the language of section III(b) of Administrative Order Number 10 and holding [t]here is no history of bonus income, and the trial court acknowledged the uncertainty of whether Kelly would even qualify … We have made it clear that a finding that a material change in circumstances has occurred is subject to a clearly-erroneous standard of review. See id.

Optical Partners, Inc. v. Dang

381 S.W.3d 46 · Supreme Court of Arkansas · Apr 14, 2011

Appellant maintains that it transferred the “goodwill” of its established client base at the mall location to appellee when the lease agreement was signed. Appellant is mistaken. … In bench trials, the standard of review on appeal is not whether there is substantial evidence to support the finding of the court, but whether the judge’s findings were clearly erroneous or clearly against the preponderance

Troeskyn v. Herrington

409 S.W.3d 307 · Supreme Court of Arkansas · May 31, 2012

establish preference for placement with natural parent, require a finding that the natural parent is unsuitable and not qualified prior to placement with a third party, and burden is always on nonparent to rebut the natural-parent … Failure to accord fit parents a presumption in favor of their decision to terminate a guardianship established by parental consent would penalize their initial decision to establish the guardianship and deter parents from

Kemp v. State

324 Ark. 178 · Supreme Court of Arkansas · Apr 22, 1996

Timmons is clearly distinguishable. … Many courts, according to this commentator, follow the rule that, where the victim is not a law-enforcement officer, the State must clearly show that prevention of detection and arrest for the offense was the dominant or

Parker v. Crow

368 S.W.3d 902 · Supreme Court of Arkansas · Oct 7, 2010

Clearly, we should not. … The qualifiers “as if’ and “as though” in sections six and eighteen of the Act merely elaborate on the procedures and financial records the clerks should follow in each district.

Owen v. Dalton

296 Ark. 351 · Supreme Court of Arkansas · Sep 28, 1988

Cities located in counties with less than 34,000 people are excluded, as are cities whose form of government was established pursuant to Act 498 of 1973. … Act 539 clearly would have applied only to the city of Little Rock.

Menifee's Ad'rs v. Menifee

3 Ark. 9 · Supreme Court of Arkansas · Jul 15, 1847

The jurisdiction of Chancery over the claim of dower, has been thoroughly examimed, clearly asserted, and definitely established. … Justice Stout, in delivering the opinion of the Court, said, “It is a clearly established principle in equity jurisprudence, that whenever die trustee has been guilty of a breach of the trust and has transferred the property

Duncan v. State

291 Ark. 521 · Supreme Court of Arkansas · Mar 23, 1987

Nor have our cases necessitated establishing guidelines on these issues. See, Notes, Richardson v. State: A.R.Cr.P. Rule 8.1, A Rule in Need of a Standard, 38 Ark. L. Rev. 842 (1985). … Death-Qualified Juries Another assertion of error concerns death-qualified juries, approved in Lockhart v. McCree, __ U.S __ 106 S.Ct. 1758 (1986).

Thomas v. State

349 Ark. 447 · Supreme Court of Arkansas · Jun 27, 2002

the jury shall again retire and determine a sentence within the statutory range. (4) The court, in its discretion, may also instruct the jury that counsel may argue as to alternative sentences for which the defendant may qualify … Had the legislature intended to strip the trial judge of the long-established discretion to reduce a defendant’s sentence, we have no doubt that such an intention would have been stated clearly.

Skokos v. Skokos

332 Ark. 520 · Supreme Court of Arkansas · Jun 4, 1998

Lawson, 226 Ark. 643 , 291 S.W.2d 518 (1956), will not be reversed unless it is clearly erroneous, Calvin v. … The provisions of Trusts Nos. 3 and 4 were apparently the same as those established in connection with the 1992 trust. Ms.