Case law
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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 timesPublished2026 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 timesPublished2023 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 timesPublishedDonald 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 timesPublishedBrandon 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 timesPublished561 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 timesPublished25 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 timesPublished2023 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 timesPublished611 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 timesPublished2009 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 timesPublished85 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 timesPublishedAmanda 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 timesPublishedStone 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 timesPublishedArkansas 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 timesPublishedArkansas 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 timesPublished2019 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 timesPublished551 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 timesPublished533 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 timesPublishedMai 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 timesPublished101 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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