Case law

In the Matter of the Guardianship of Mc, a Minor, Sandra Andraca v. Patricia Tice

2025 Ark. App. 292 · Court of Appeals of Arkansas · May 7, 2025

The Court finds that counsel’s argument is clearly not supported by the evidence submitted at trial. … A circuit court’s order establishing guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian. Ark.

Elder v. Putnam

District Court, E.D. Arkansas · May 29, 2020

Elder’s original complaint that they are entitled to qualified immunity, which protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The proper standard for addressing qualified immunity at the Rule 12(b)(6) stage is whether immunity is established on the face of the complaint. Hafley v.

Hill v. State

344 Ark. 216 · Supreme Court of Arkansas · Apr 26, 2001

The jury clearly was convinced that Hill was guilty of the higher charge. … The ruling will only be reversed if it is clearly against the preponderance of the evidence. See id.

Byer v. Gordos Arkansas, Inc.

712 F. Supp. 149 · District Court, W.D. Arkansas · Apr 20, 1989

If plaintiff’s witnesses are correct, then quite clearly Flint and Gordos Arkansas are “integrated” to some degree. … Lackey clearly availed himself of the privilege of conducting activities in Arkansas which affected Arkansas residents.

Opinion No.

Arkansas Attorney General Reports · Feb 10, 2000

(b) The director shall be qualified for the position by character, ability, education, training, and successful administrative experience in the correctional or related fields. … The Director is required to take an oath of office before entering into his duties (A.C.A. § 12-27-109 ) and is, in my opinion, clearly an "officer" of the State. See e.g., Maddox v.

Sawada v. Walmart Stores, Inc.

473 S.W.3d 60 · Court of Appeals of Arkansas · Oct 7, 2015

The circuit court, in turn, found that Walmart established a “prima facie entitlement to a qualified privilege on their communications with law enforcement and [Sawada] failed to meet [Walmart’s] proof with proof demonstrating … We hold that Sawada has not clearly expressed or developed an argument supporting reversal of her false-light claim. See Alexander v.

McDonald v. Thompson

167 Ark. 338 · Supreme Court of Arkansas · Feb 9, 1925

S. 30 , the general rule is clearly and fully stated by Mr. … If parol evidence should be allowed to establish such a defense, then every promissory note as between the Immediate parties thereto, and, indeed, every contract in writing, would be open to parol proof that it did not correctly

Opinion No.

Arkansas Attorney General Reports · Apr 15, 2008

Suits against the State of Arkansas are prohibited under sovereign immunity. … Att'y Gen. 93-087 at n. 2, however, there is a statutory provision allowing the proration of taxes when a qualified veteran sells him home to a non-exempt individual.

Heather Galli v. Linda Jones and Vinton Jones

627 S.W.3d 434 · Court of Appeals of Arkansas · Jun 2, 2021

The evidence thus establishes that A.C. would be at risk of harm in Heather’s custody. … In my view, the majority has established an unseemly precedent for any mother who has been the victim of domestic abuse.

Mercouri v. State

540 S.W.3d 328 · Court of Appeals of Arkansas · Jan 31, 2018

Mercouri has unsuccessfully established how counsel's performance was deficient. E. … Jurors are presumed unbiased and qualified to serve. Id.

Camp v. State

26 Ark. App. 299 · Court of Appeals of Arkansas · Feb 8, 1989

Here the roadblock was established for the purpose of ascertaining that only qualified drivers and safe vehicles were using the highways. … At the roadblock were four state police patrol cars, clearly identifiable as such, with their blue lights flashing. All five officers were in full uniform and recognizable as state police officers.

Horton v. Simer

District Court, W.D. Arkansas · Jan 31, 2019

Alternatively, Deputy Simer would be entitled to qualified immunity. … Deputy Simer is therefore entitled to qualified immunity. C.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 2009

With regard to any other records relating to the suspensions at issue, I should note that a letter of suspension or dismissal may or may not qualify as an "employee evaluation/job performance record" subject to the standard … As always, the person claiming the right will have the burden of establishing it. Accord , Ark. Ops. Att'y Gen. Nos. 2007-001 ; 2006-141 and 2001-122.

Knight v. Shelton

134 F. 423 · U.S. Circuit Court for the District of Eastern Arkansas · Jan 7, 1905

Comparing the various clauses in that instrument on the subject of elections and majorities required, it will clearly appear that the framers thereof intended to establish a different rule for different elections. … Article 13, § 3, provides that county seats shall not be established or changed without the consent of “a majority of the qualified voters of the county” to be affected by such change.

Randall Thomas McArty v. State of Arkansas

594 S.W.3d 54 · Supreme Court of Arkansas · Feb 20, 2020

Standard of Review This court does not reverse a denial of postconviction relief unless the circuit court’s findings are clearly erroneous. Polivka v. … “A finding is clearly erroneous when, although there is evidence to support it, the appellate court after 3 reviewing the entire evidence is left with the definite and firm

Thurmond v. Ryals

District Court, E.D. Arkansas · Mar 9, 2021

Turning to county liability, it noted its qualified immunity analysis relied exclusively on the “clearly established” prong which “does not necessarily mean Faulkner County did not violate the rights of the plaintiffs, … Constitutional Right Versus Clearly Established Right As the Eighth Circuit made clear in its qualified immunity analysis for the individual Defendants, it only analyzed the clearly established prong and not

Walker v. Allred

179 Ark. 1104 · Supreme Court of Arkansas · Sep 23, 1929

It is his contention that the sole purpose of act No. 77 of the Acts of 1927 was to repeal that part only of act No. 32 regulating the salaries of the officers of Carroll County, which intent is established by an application … It is a well-settled rule of law that, where the will of the Legislature is clearly expressed, the court should adhere to the literal expression of the enactment without regard to consequences, and every construction derived

Opinion No.

Arkansas Attorney General Reports · Sep 10, 2008

Nothing is taken as intended that is not clearly expressed. State ex rel. Sargent v. Lewis , 335 Ark. 188 , 979 S.W.2d 894 (1998). … Clearly, the municipal and other customers of Two Ton provide retail water or other services in their service areas.

Smith v. Hutchinson

District Court, E.D. Arkansas · Jul 16, 2021

The defendants are entitled to qualified immunity unless the Smiths can show some violation of their clearly established constitutional rights. Kuessner v. … Sergeant Gonzalez and officer Dunkin are entitled to qualified immunity for arresting Mary at her home.

Powell v. State of Arkansas

310 F. Supp. 142 · District Court, W.D. Arkansas · Feb 25, 1970

, nor does it confer immunity from prosecution in state court on such charges. … But before establishing the regime the individual petitioners propose, Congress would no doubt fully consider many questions.