Case law

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2003

Although this passage considered in isolation clearly appears to afford qualified corporations a right to vote, it is unclear regarding precisely what those qualifications are. … Act 117 clearly prohibits a county resident from voting if he does not also own property located within the district.

Rhodes v. Internal Revenue Service (In Re Rhodes)

155 B.R. 491 · District Court, W.D. Arkansas · Feb 18, 1993

“Failure to proffer credible evidence of damages results in an inability for Debtors to qualify for damage awards.” In re Still, 117 B.R. 251, 254 (Bankr.E.D.Tex.1990). … We conclude the debtors met their burden of establishing actual damages and that the bankruptcy court’s action in offsetting the entire claim of the IRS was correct and proper. III. CONCLUSION.

Opinion No.

Arkansas Attorney General Reports · Dec 22, 2005

In my opinion, these purposes would clearly be frustrated if one were to enforce a provision of state law that would preclude an otherwise qualifying foreign student from participating in the program. … I believe the highlighted language clearly applies to the host family of a foreign exchange student, meaning that the student would qualify as a "resident" under this statute. 2 In this regard, I should note that even this

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you are a police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2001

Given that you are a state police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Carter v. Norris

367 Ark. 360 · Supreme Court of Arkansas · Sep 28, 2006

We do not reverse a denial of postconviction relief unless the trial court’s findings are clearly erroneous or clearly against the preponderance of the evidence. Greene v. State, 356 Ark. 59 , 146 S.W.3d 871 (2004). … We have long held that “[a]n opinion which qualifies as one not designated for publication is written primarily for the parties and their attorneys ....

Bowman v. McFarlin

1 Ark. App. 235 · Court of Appeals of Arkansas · Apr 29, 1981

The trial court properly placed the responsibility on the appellees for establishing to the jury’s satisfaction that the work done by the McFarlins was chargeable to the appellant. … discretion of the trial judge, and is not reviewable on appeal unless so clearly erroneous as to manifest abuse of discretion.

BONNIE MILLER, INDIVIDUALLY AND ON BEHALF OF ARKANSAS VOTERS FIRST AND OPEN PRIMARIES ARKANSAS, BALLOT QUESTION COMMITTEES v. JOHN THURSTON, IN HIS CAPACITY AS ARKANSAS SECRETARY OF STATE

2020 Ark. 267 · Supreme Court of Arkansas · Aug 27, 2020

Neither initiative petition can qualify for the November 2020 general election ballot. 1 The popular name of this proposed amendment is “A Constitutional Amendment Establishing Top Four Open Primary Elections … It could not be more clearly stated: Unwarranted Restrictions Prohibited.

Nelson v. State

318 Ark. 146 · Supreme Court of Arkansas · Oct 3, 1994

It is well-established that parties are presumed to contract only for their own benefit and not for the use and benefit of a third party, unless it clearly appears that such was the intention of the contracting parties. … The lease clearly does not indicate any intention to benefit possible third-party trespassers such as appellant.

Hoyle v. Faucher

334 Ark. 529 · Supreme Court of Arkansas · Oct 15, 1998

Code Ann. § 26-26-401 (Repl. 1994), properly sets out which reappraisals qualify for a rollback of the millage levied. … The trial court clearly erred in finding there was no countywide comprehensive reappraisal that would trigger Amendment 59.

Stepps v. Board of Trustees of the University of Arkansas

District Court, E.D. Arkansas · Sep 6, 2022

citizens . . . .”45 This clearly established right certainly would have been violated if Dr. … Schulz is entitled to qualified immunity on the discrimination claim. B.

Opinion No.

Arkansas Attorney General Reports · Mar 14, 1991

Yet the court in that case was clearly not faced with a failed proposed millage rate following annexation. … It is well established that although legislative interpretation of constitutional provisions is never binding on the courts, it is persuasive and entitled to some consideration if there is any doubt or ambiguity.

Pack v. Little Rock Convention Center & Visitors Bureau

427 S.W.3d 586 · Supreme Court of Arkansas · May 2, 2013

Accordingly, precedent establishes that spouses or relatives of an injured employee are entitled to compensation for nursing services. … Here, the Timber Ridge services to Pack clearly fall within the definition of “nursing services.” The assisted-living facility would tend to Pack, and provide Pack the care required due to his brain injury.

Opinion No.

Arkansas Attorney General Reports · Aug 21, 2001

Given that you are a state police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you are a state police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Davenport v. Little Rock, City of

District Court, E.D. Arkansas · Jul 11, 2023

In ZJ, the court held that the SWAT team members were not entitled to qualified immunity because “it was clearly established in 2010 that the use of flash- bang grenades is unreasonable where officers have no basis to believe … Therefore, the Court finds that Buckner is entitled to qualified immunity.

Park v. Faubus

238 F. Supp. 62 · District Court, E.D. Arkansas · Feb 3, 1965

Park, a citizen, resident, and qualified voter of Pulaski County, Arkansas, a county within the Second Congressional District of Arkansas, pursuant to 28 U.S.C. § 1343 (3) and 42 U.S. … In a similar case involving the Congressional Districts of Georgia, established pursuant to a 1931 Georgia Statute, the Supreme Court in Wesberry v.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1994

Arkansas Code Annotated § 17-89-101 (a) (Supp. 1993) states in pertinent part: "Optometry" shall include utilizing any method or means which the licensed optometrist is educationally qualified to provide, as established and … Arkansas law has clearly given the Arkansas State Board of Optometry the authority to define and regulate the practice of optometry.

Chicago, Rock Island & Pacific Railroad v. Arkansas Commerce Commission

243 Ark. 661 · Supreme Court of Arkansas · Dec 4, 1967

of such discontinued, * * * agency station, signed by at least twenty-five [25] qualified electors residing in the city, town or political subdivision where the same is located, is filed with the Arkansas Commerce Commission … This testimony falls far short of establishing these approaches or methods as “standard accounting procedures.”

Van De Griff v. Haynie

28 Ark. 270 · Supreme Court of Arkansas · Dec 15, 1873

Thus the governor exercises a part of the legislative power, possessing a qualified negative upon all laws. … Neither the executive nor the judiciary, therefore, can exercise any authority or power except such as is clearly granted by the constitution.