Case law

Opinions from 1658 to today.

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  • Ewings v. State

    85 Ark. App. 411 · Court of Appeals of Arkansas · Mar 24, 2004

    In order to prove constructive possession, the State must establish beyond a reasonable doubt 1) that the defendant exercised care, control, and management over the contraband, and 2) that he knew that the matter possessed … 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

    Cited 3 timesPublished
  • Dragan Vicentic, Licensee, D/B/A Green Springs Medical, LLC v. Arkansas Alcoholic Beverage Control Board

    2026 Ark. App. 170 · Court of Appeals of Arkansas · Mar 11, 2026

    The Board found a violation of Rule 15.1(b)(iii) (CAR § 810-1301(b)), which requires that medical marijuana containers be labeled in accordance with the standards established by the Arkansas Department of Health, a violation … This court will not overturn an administrative agency’s interpretation of its own regulation unless it is clearly wrong. Nash [v. Ark.

    Cited 0 timesPublished
  • ULANDA DIGBY-BRANCH v. WESTSIDE CONSOLIDATED SCHOOL DISTRICT NO. 5 AND SCOTT J. GAUNTT, INDIVIDUALLY, AND IN HIS CAPACITY AS SUPERINTENDENT OF THE WESTSIDE CONSOLIDATED SCHOOL DISTRICt

    2023 Ark. App. 164 · Court of Appeals of Arkansas · Mar 15, 2023

    The fact that both parties have moved for summary judgment does not necessarily establish that there is no issue of fact. Id. … Digby-Branch had been employed with WCSD since 2015, qualifying her as a nonprobationary teacher.

    Cited 1 timesPublished
  • Donald Martin v. Eric Higgins, as Sheriff of Pulaski County, Ar

    682 S.W.3d 357 · Court of Appeals of Arkansas · Jan 10, 2024

    Moreover, there is some question whether Martin’s requested arrest reports for Wardlaw are sufficiently investigatory in nature to qualify under the exemption. … It is well established that the circuit court’s written order supersedes any oral statements from the bench.

    Cited 3 timesPublished
  • Brandon v. Arkansas Public Service Commission

    67 Ark. App. 140 · Court of Appeals of Arkansas · Jun 23, 1999

    We reverse and remand on this issue with directions to the Commission to determine whether appellants’ action meets all of the prerequisites and necessary criteria as may be established by the Commission to qualify as a maintainable … Whether appellants’ action qualifies for class certification is left to the broad discretion of the Commission.

    Cited 22 timesPublished
  • Roberson v. Roberson

    561 S.W.3d 737 · Court of Appeals of Arkansas · Sep 19, 2018

    We conclude that this language leaves no doubt that Joe Sr. and Cleo intended to maximize the amount of their assets that would qualify for the estate-tax exemption, and it imposes a fiduciary obligation on their survivor … Conclusion The four corners of the Trust demonstrate that Joe Sr. and Cleo Roberson intended for their survivor to establish and fund an irrevocable CST when one of them died.

    Cited 1 timesPublished
  • Kunz v. Jarnigan

    25 Ark. App. 221 · Court of Appeals of Arkansas · Sep 14, 1988

    She contends the parties’ stipulation was not an independent agreement and was modifiable by the chancellor, and the case should be remanded to the chancellor to establish the true intentions of the parties. … On appeal, the appellant contended the stipulated agreement could not qualify as an independent contract because it was not in writing nor signed by the parties.

    Cited 12 timesPublished
  • ULANDA DIGBY-BRANCH v. WESTSIDE CONSOLIDATED SCHOOL DISTRICT NO. 5 AND SCOTT J. GAUNTT, INDIVIDUALLY, AND IN HIS CAPACITY AS SUPERINTENDENT OF THE WESTSIDE CONSOLIDATED SCHOOL DISTRICt

    2023 Ark. App. 164 · Court of Appeals of Arkansas · Mar 15, 2023

    The fact that both parties have moved for summary judgment does not necessarily establish that there is no issue of fact. Id. … Digby-Branch had been employed with WCSD since 2015, qualifying her as a nonprobationary teacher.

    Cited 1 timesPublished
  • Shelby Woods v. Dianne Woods

    611 S.W.3d 676 · Court of Appeals of Arkansas · Oct 7, 2020

    Likewise, the Groom shall have no interest in and to any qualified retirement plan benefit or IRA of the Bride accrued prior to or during marriage, including future earnings thereon. … Moreover, we will not reverse a circuit court’s finding of fact in a divorce case unless it is clearly erroneous. Id.

    Cited 2 timesPublished
  • Rudder v. Hurst

    2009 Ark. App. 577 · Court of Appeals of Arkansas · Sep 9, 2009

    The trial court’s decision requiring him to pay for counseling is not clearly erroneous. … Steven Schroeder, appellant’s expert, who is not a certified public accountant, was qualified as an expert in business valuation.

    Cited 14 timesPublished
  • Moore v. Sipes

    85 Ark. App. 15 · Court of Appeals of Arkansas · Feb 4, 2004

    We agree with appellant that the trial court’s decision to appoint appellees as guardians in this case was clearly erroneous. … A preference for the natural parent must prevail in third-party guardianship cases unless it is established that the natural parent is unfit. See Robbins v. State, 80 Ark. App. 204 , 92 S.W.3d 707 (2002).

    Cited 12 timesPublished
  • Amanda Walker and Randalle Sanders v. Arkansas Department of Human Services and Minor Children

    640 S.W.3d 9 · Court of Appeals of Arkansas · Jan 19, 2022

    We hold that the circuit court’s determination that Walker’s parental rights should be terminated is not clearly erroneous. … We held that the circuit court did not clearly err in determining that DHS proved beyond a reasonable doubt that active efforts were made.

    Cited 0 timesPublished
  • Stone v. Washington Reg'l Med. Ctr.

    2016 Ark. App. 165 · Court of Appeals of Arkansas · Mar 9, 2016

    The 1906 Deed clearly conveyed title to the FCH property from the Stones to the City. The 1906 Deed retained a possibility of reverter in the Stones in the event either of two events occurred. … Such a release has the effect of turning the determinable or qualified fee into a fee simple absolute.”); Long v. Long, 343 N.E.2d 100 (Ohio 1976); Wash. State Grange v. Brandt, 148 P.3d 1069 (Wash. App. 2006); W.A.

    Cited 0 timesPublished
  • Arkansas Department of Human Services v. Amberley Stephens, Amanda Mitchell, and Juniel Montelara

    675 S.W.3d 464 · Court of Appeals of Arkansas · Sep 27, 2023

    Accordingly, DHS argues, the circuit court’s order is clearly erroneous and should be reversed. … Arkansas Code Annotated section 9-27-303(17)(A) mandates that a finding of dependency-neglect of a sibling can establish that another sibling is at substantial risk of serious harm.

    Cited 0 timesPublished
  • Arkansas Department of Correction v. Jennings

    526 S.W.3d 924 · Court of Appeals of Arkansas · Sep 13, 2017

    As discussed above, Torrey established a four-prong test for awarding such benefits. … Such work clearly existed within the scope of Jennings’s employment.

    Cited 2 timesPublished
  • Silver Springs Property Owners' Recreational Improvement District No. 30 of Haskell, Arkansas v. Jeff Arey, Saline County Judge; Bob Ramsey, Saline County Assessor; Joy Ballard, Saline County Collector; Saline County Quorum Court; Saline County Board of Equalization; And Saline County, Arkansas

    2019 Ark. App. 520 · Court of Appeals of Arkansas · Nov 6, 2019

    On appeal, we review such cases de novo and will not reverse absent a finding that the circuit court’s finding was clearly erroneous. Id. … Moreover, no one disagrees that recreational-use facilities can qualify for tax-exempt status.

    Cited 0 timesPublished
  • Chism v. Chism

    551 S.W.3d 394 · Court of Appeals of Arkansas · May 16, 2018

    The court also entered a qualified domestic relations order to effectuate the division of Evelyn's retirement benefits. We dismissed the appeal from those orders on June 8, 2016, for lack of a final order. … We cannot, therefore, say that the circuit court's ruling awarding judgment against Greg for the vehicle loan is clearly erroneous. III.

    Cited 6 timesPublished
  • Slater v. State

    533 S.W.3d 84 · Court of Appeals of Arkansas · Oct 4, 2017

    We do not reverse the denial of postconviction relief unless the circuit court’s findings are clearly erroneous. Conley v. State, 2014 Ark. 172, 433 S.W.3d 234. … App. 499 qualified as one] regarding the chemical make-up and effects of the drugs[.]” He asserted that he was prejudiced and, as a result, denied a fair trial.

    Cited 3 timesPublished
  • Mai Htoo v. Arkansas Department of Human Services and Minor Children

    2026 Ark. App. 262 · Court of Appeals of Arkansas · Apr 29, 2026

    Code Ann. § 9-35- 7 degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Mayer v. Ark. Dep’t of Hum. … Accordingly, the circuit court did not clearly err in finding that DHS proved the subsequent-factors ground.

    Cited 0 timesPublished
  • Downum v. Downum

    101 Ark. App. 243 · Court of Appeals of Arkansas · Feb 6, 2008

    I dissent from the decision announced by the majority opinion because the trial court did not clearly err in determining that Ms. Downum committed constructive fraud. … No member of our court heard the evidence or otherwise is qualified to reach a reliable conclusion about whether Ms. Downum’s silence was innocent or intentional.

    Cited 15 timesPublished

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