Case law

Opinions from 1658 to today.

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  • Smith v. State

    18 Ark. App. 152 · Court of Appeals of Arkansas · Jul 2, 1986

    Clearly the sentence originally imposed on this appellant was authorized by our code. … In the commentary to that section it is stated: The power to impose any sentence originally authorized is qualified to the extent that a fine or imprisonment was actually imposed at the time suspension or probation was ordered

    Cited 4 timesPublished
  • Gerot v. Gerot

    76 Ark. App. 138 · Court of Appeals of Arkansas · Dec 5, 2001

    further ordered appellee to obtain three bids on his motorcycle; to sell his motorcycle within the next thirty days and divide the proceeds accordingly; and to inform appellant of all documentation necessary to prepare a Qualified … I think it is clearly, in my opinion, in the best interest of the child to remain here at this time.

    Cited 7 timesPublished
  • Jorge Antonio Casillas v. State of Arkansas

    708 S.W.3d 90 · Court of Appeals of Arkansas · Feb 26, 2025

    Clear and convincing evidence is that degree of proof that will produce in the trier of fact a firm conviction as to the allegation sought to be established. McClure v. State, 328 Ark. 35, 942 S.W.2d 243 (1997). … We held that the circuit court clearly erred in making this finding because there was no evidence whatsoever presented to support it.

    Cited 1 timesPublished
  • Minor Child v. State of Arkansas

    2025 Ark. App. 76 · Court of Appeals of Arkansas · Feb 12, 2025

    He acknowledges that neither the relevant statute nor Arkansas cases clearly define what is meant by “threaten” or “threat.” … MC submits that none of them would support qualifying a statement of the nature that he made as a threat.

    Cited 1 timesPublished
  • Shane Helms v. Arkansas Department of Human Services and Minor Child

    2023 Ark. App. 158 · Court of Appeals of Arkansas · Mar 15, 2023

    The court believes the father’s heart is in the right place, but his abilities are clearly challenged. … In my view, the circuit court clearly erred when it terminated Shane Helmes’s parental rights on the record presented.

    Cited 1 timesPublished
  • Shane Helms v. Arkansas Department of Human Services and Minor Child

    2023 Ark. App. 158 · Court of Appeals of Arkansas · Mar 15, 2023

    The court believes the father’s heart is in the right place, but his abilities are clearly challenged. … In my view, the circuit court clearly erred when it terminated Shane Helmes’s parental rights on the record presented.

    Cited 1 timesPublished
  • Minor Child v. State of Arkansas

    2025 Ark. App. 76 · Court of Appeals of Arkansas · Feb 12, 2025

    He acknowledges that neither the relevant statute nor Arkansas cases clearly define what is meant by “threaten” or “threat.” … MC submits that none of them would support qualifying a statement of the nature that he made as a threat.

    Cited 1 timesPublished
  • Garcia v. State

    530 S.W.3d 862 · Court of Appeals of Arkansas · Sep 20, 2017

    The victims clearly understood the acts they described during their testimony. … Garcia argues that Coronado told him what a well-qualified officer he was and then “lied” about what the forensic evidence would show to coerce a confession.

    Cited 1 timesPublished
  • Edward Wester v. Trina Wester, Floyd Prock, and Debbie Anderson

    2024 Ark. App. 156 · Court of Appeals of Arkansas · Feb 28, 2024

    To establish contempt, there must be willful disobedience of a valid order of a court. 10 Before a person can be held in contempt for violating a court’s order, the order must be definite in its terms, clear as to what … duties it imposes, and express in its commands.11 This court will not reverse a finding of contempt unless it is clearly against the preponderance of the evidence.12 A contempt finding is clearly against the preponderance

    Cited 1 timesPublished
  • Charles L. Daniels II, Individually; Charles L. Daniels II, on Behalf of Payton Daniels, a Minor; And Charles L. Daniels II, as Special Administrator of the Estate of Harmony Lynn Daniels v. C. Wayne Lyle, M.D.; C. Wayne Lyle, M.D., P.A.; Medical Services Group, Ltd.; Baptist Health; And Diamond Risk Insurance LLC

    2025 Ark. App. 197 · Court of Appeals of Arkansas · Apr 2, 2025

    medical care provider of the same specialty as the defendant that the medical care provider failed to act in accordance with that standard; and (3) By means of expert testimony provided only by a qualified … Because Daniels has pleaded this case pursuant to section 16-114-206, which clearly states the burden of proof for a medical-malpractice case, we reject any attempt to import a different burden of proof into this lawsuit

    Cited 1 timesPublished
  • Chick-A-Dilly Properties, Inc. v. Hilyard

    42 Ark. App. 120 · Court of Appeals of Arkansas · Jun 16, 1993

    Second, appellant clearly waived this issue and agreed with appellee that no material issues of fact remained for trial. Accordingly, appellant may not assert this argument on appeal. See Briscoe v. … Thus, in qualifying the general rule, this Court has said: Nonetheless, cross motions may be probative of the non-existence of a factual dispute when, as here, they demonstrate a basic agreement concerning what legal theories

    Cited 4 timesPublished
  • Edward Wester v. Trina Wester, Floyd Prock, and Debbie Anderson

    2024 Ark. App. 156 · Court of Appeals of Arkansas · Feb 28, 2024

    To establish contempt, there must be willful disobedience of a valid order of a court. 10 Before a person can be held in contempt for violating a court’s order, the order must be definite in its terms, clear as to what … duties it imposes, and express in its commands.11 This court will not reverse a finding of contempt unless it is clearly against the preponderance of the evidence.12 A contempt finding is clearly against the preponderance

    Cited 1 timesPublished
  • Charles L. Daniels II, Individually; Charles L. Daniels II, on Behalf of Payton Daniels, a Minor; And Charles L. Daniels II, as Special Administrator of the Estate of Harmony Lynn Daniels v. C. Wayne Lyle, M.D.; C. Wayne Lyle, M.D., P.A.; Medical Services Group, Ltd.; Baptist Health; And Diamond Risk Insurance LLC

    2025 Ark. App. 197 · Court of Appeals of Arkansas · Apr 2, 2025

    medical care provider of the same specialty as the defendant that the medical care provider failed to act in accordance with that standard; and (3) By means of expert testimony provided only by a qualified … Because Daniels has pleaded this case pursuant to section 16-114-206, which clearly states the burden of proof for a medical-malpractice case, we reject any attempt to import a different burden of proof into this lawsuit

    Cited 1 timesPublished
  • Rogers v. State

    94 Ark. App. 47 · Court of Appeals of Arkansas · Jan 25, 2006

    The case law developed in this area makes clear that if a person does not place the keys in the ignition, then this scenario falls short of the proof necessary to establish actual physical control of the vehicle for purposes … Under Dowell, supra , they are still free to do this, remaining immune from prosecution for DWI, by simply leaving the engine off and the key out of the ignition, even if their automobile is equipped with auto-start.

    Cited 2 timesPublished
  • Tristan Tiarks v. State of Arkansas

    633 S.W.3d 788 · Court of Appeals of Arkansas · Sep 8, 2021

    Farst’s testimony because it bolstered Hannah’s testimony that established the timing of SW’s injuries, which was when she was alone with Tiarks. … To qualify as an abuse of discretion, the circuit court must have acted improvidently, thoughtlessly, or without due consideration. Id., 537 S.W.3d at 309.

    Cited 11 timesPublished
  • Seaside Pools, Inc. v. Robert Lee Curtis, Jr., and Sheila Dawn Curtis

    2026 Ark. App. 245 · Court of Appeals of Arkansas · Apr 22, 2026

    Following a hearing, the trial court granted the Curtises’ motion, ruling that Seaside is a residential contractor required to give the lien notice; that Seaside failed to give such notice and does not qualify under the … We conclude that Seaside is clearly a “residential”— as opposed to a “commercial”—contractor.

    Cited 0 timesPublished
  • Linzy Moore v. Collin Moore

    675 S.W.3d 474 · Court of Appeals of Arkansas · Oct 4, 2023

    Standard of Review In order to establish contempt, there must be willful disobedience of a valid order of a court. See Ivy v. Keith, 351 Ark. 269, 92 S.W.3d 671 (2002). … From the record before us, we cannot say that the circuit court’s denial of Linzy’s motion for contempt is clearly against the preponderance of the evidence.

    Cited 2 timesPublished
  • Keckler v. Arkansas Department of Human Services

    2011 Ark. App. 375 · Court of Appeals of Arkansas · May 25, 2011

    Our review of equity matters, such as juvenile proceedings, is de novo on appeal, although we do not reverse unless the circuit court’s findings are clearly erroneous. Coleman v. … Cobb did not know who they were or why they had appeared with appellant and her children at the custody proceeding. 19After being qualified as a witness, nine-year-old D.D. testified that he liked living with his mom and

    Cited 3 timesPublished
  • Henson v. State

    94 Ark. App. 163 · Court of Appeals of Arkansas · Feb 8, 2006

    The evidence also established that Dendy was in the Books-A-Million where Loyd worked around the time that the credit card was stolen, that Henson presented that credit card at the Exxon a short time later, and that he and … From these facts, we cannot say that the trial judge abused his discretion, where Henson clearly and on the record stated his intention not to testify in response to a direct question put to him by the trial court at the

    Cited 4 timesPublished
  • William Angel, Patricia Belk, Dorothy Brown, Robert Brown, Anthony Buggs, Jean Carter, Alberta Cartwright, Eugene Cartwright, Frances Louise Crawford, Beatrice Eaton, Queen Ester Ross, Pearlie Franklin, Rosetta Fuller, Verna Hickey, Barbara Marshall, Shamekia Marshall, Nathaniel Martin, Linda Sanders, Bobby Lee Smith, Felisa Stokes, Kattie Mae Taylor, Fannie Lee Washington, Martha Washington, Gloria Webster, and Claude Wilborn v. Helena Renaissance 1, L.P. Pioneer Property Management, Inc. Gail Wade And Cornelius Borum

    669 S.W.3d 594 · Court of Appeals of Arkansas · May 24, 2023

    Specifically, the appellees asserted that the tenants “failed to provide an expert witness qualified to link issues at Helena Heights to any medical issue,” and the tenants’ other complaints, including unpleasant odors … The appellees respond that the tenants cannot establish causation without expert testimony establishing (1) the type and levels of mold that are generally harmful to humans (general causation); and (2) that the tenants’

    Cited 1 timesPublished

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