Case law
Opinions from 1658 to today.
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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 timesPublished76 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 timesPublishedJorge 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 timesPublishedMinor 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 timesPublishedShane 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 timesPublishedShane 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 timesPublishedMinor 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 timesPublished530 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 timesPublishedEdward 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 timesPublished2025 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 timesPublishedChick-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 timesPublishedEdward 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 timesPublished2025 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 timesPublished94 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 timesPublishedTristan 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 timesPublishedSeaside 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 timesPublished675 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 timesPublishedKeckler 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 timesPublished94 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 timesPublished669 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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