Case law

Smith v. Lovelace

2014 Ark. App. 345 · Court of Appeals of Arkansas · Jun 4, 2014

disregarded Arkansas Code Annotated section 28-65-204 (Repl. 2012), which provides parental and blood or marriage relationships as preferences for guardians, and section 28-65-210, which requires that the guardian be qualified … Keeping in mind the standard established in Graham, supra, and James, we cannot say that the circuit court’s order was clearly erroneous. Affirmed. VAUGHT and BROWN, JJ., agree. Darrell F.

Rector v. State

280 Ark. 385 · Supreme Court of Arkansas · Oct 17, 1983

In the Fifth Circuit the court assumed, without deciding, that death-qualified jurors are prone to convict, but the court nevertheless upheld the death-qualified jury. … We must conclude, as we did on the earlier appeal, that the trial judge’s decision is not clearly erroneous.

Webster v. State

284 Ark. 206 · Supreme Court of Arkansas · Dec 10, 1984

The trial court may limit questioning once it is established that a juror is or is not qualified. See Perry v. State, 277 Ark. 357 , 642 S.W.2d 865 (1982). … When the totality of the circumstances is considered, it was not clearly error to admit the in-court identification.

Hinton v. Bethany Christian Services

462 S.W.3d 361 · Court of Appeals of Arkansas · May 6, 2015

In support of her second argument, she asserts that it was clearly the intent of the Pulaski County Circuit Court to appoint her as permanent guardian, contending that the use of the word “temporary” in the body of the … The Pulaski County order failed to reflect that Sheaquonda’s incapacity had been established by the evidence required in this section. 3 This language merely repeats language from the initial, temporary guardianship

Frank Barton, Anita Bell, and James Pulliaum, in Their Official Capacities as the Crittenden County Board of Election Commissioners v. Shirley P. Brown and Lavonda L. Taylor

2024 Ark. 152 · Supreme Court of Arkansas · Oct 17, 2024

The pertinent provisions of section 7-5-418 are set forth below: (a)(1)(A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to … While these terms may have some overlap, the Arkansas code clearly distinguishes the two terms and treats them differently. So should we.

Voss v. Lanius

District Court, E.D. Arkansas · Nov 9, 2020

Thus, issues concerning qualified immunity are appropriately resolved on summary judgment. See Mitchell v. … favorable to the plaintiff, establish a violation of a constitutional or statutory right; and (2) whether that right was so clearly established that a reasonable official would have known that his or her actions were unlawful

Sims v. Brown

District Court, E.D. Arkansas · Aug 24, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on the claims for failure to protect and failure provide adequate medical care.25 Under the … doctrine of qualified immunity, a government official performing discretionary functions is shielded from liability for civil damages if the conduct did not violate clearly established rights or if it would have been objectively

Moore v. State

558 S.W.3d 918 · Court of Appeals of Arkansas · Oct 31, 2018

Clear and convincing evidence is proof that will produce in the trier of fact a firm conviction as to the allegation sought to be established. … The denial of a motion to transfer will not be reversed on appeal unless it is clearly erroneous. Nichols v. State , 2015 Ark. App. 397 , 466 S.W.3d 431 .

Weiner v. Merchant Capital Grp., LLC

686 S.W.3d 32 · Court of Appeals of Arkansas · Feb 21, 2024

Ohana now appeals the dismissal, arguing that the contract qualifies as a security under the Arkansas Securities Act. … Here, the circuit court erroneously stated that the holding of Waters required an analysis of only the five-factor Smith test to determine whether the Agreement qualifies as a security.

Stilley v. Priest

341 Ark. 329 · Supreme Court of Arkansas · May 18, 2000

That requested change is best illustrated by the following: ESTABLISHING THE ARKANSAS EDUCATIONAL TRUST FUND, REGULATED AND ADMINISTERED BY THE DEPARTMENT OF HIGHER EDUCATION, TO PROVIDE GRANTS TO QUALIFIED HIGH SCHOOL GRADUATES … We clearly held in Finn v.

McMullen v. Healthcare Staffing Associates, Inc.

2012 Ark. App. 617 · Court of Appeals of Arkansas · Oct 31, 2012

On September 17, 2009, the trial court granted summary judgment to AEO based on the charitable-immunity doctrine; however, the court of appeals reversed this order on March 2, 2011. McMullen v. Ark. … The contract between Defendant Healthcare Staffing Associates and Arkansas Elder Outreach is clear in its terms that Healthcare Staffing Associates’ obligation is to provide qualified medical employees in the quantity and

Arkansas State Highway Commission v. Croom

225 Ark. 312 · Supreme Court of Arkansas · Jul 4, 1955

It was further stated “the Palmer case and its predecessors have established the rule that in a proceeding such as this one, brought under Ark. … W. 2d 968 ], we think, is clearly decisive of all the issues in this case,” and quotes extensively from the opinion.

Bell v. State

317 Ark. 289 · Supreme Court of Arkansas · Jun 13, 1994

He opined that Bell “qualified for rehabilitation.” John McCord, an investigator with the Arkansas State Police, testified for the defense as a hostile witness. … A criminal information is sufficient to establish that the offense charged is of a serious and violent nature. Tucker, supra; Vickers, supra.

Fields v. Evans

District Court, W.D. Arkansas · Mar 2, 2023

Qualified Immunity Furthermore, having found that the facts do not make out a constitutional violation, the County Defendants are entitled to qualified immunity on this claim … Furthermore, having found that the facts do not make out a constitutional violation, Defendants are entitled to qualified immunity on this claim.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1987

Reference to the General Assembly's definition of terms within the meaning of the public Employees Retirement System law is also consistent with the established rule of statutory construction providing that, where interpretation … and who qualify by meeting the requirements set forth in Act 717.

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 9 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

Aldridge

District Court, E.D. Arkansas · Jul 23, 2026

Qualified immunity shields government officials from civil liability when their conduct does not violate a clearly-established constitutional right. Saterdalen v. Spencer, 725 F.3d 838, 841 (8th Cir. 2013). … This is the case because Aldridge’s speech was not protected; therefore, Shepherd did not violate Aldridge’s clearly-established right 4 to free speech.

Stewart v. State

233 Ark. 458 · Supreme Court of Arkansas · Apr 17, 1961

The photographs introduced in evidence in the present case meet one or all of the above conditions and were clearly admissible. … He stated he didn’t pick the jury panels on a personal basis — just who he thought was best qualified. Mr. Jack L.

Opinion No.

Arkansas Attorney General Reports · Feb 3, 2003

Indeed, in my opinion, subsection (D) of the statute is even more clearly defective from a constitutional standpoint than is subsection (C). … Not only does neither category of revenue listed as credits in A.C.A. §§ 26-80-204(18)(C) (D) qualify as dedicated to these exclusive uses, the credit set forth in subsection (D) does not even qualify as a "millage" in the

Ward v. Emberton

District Court, E.D. Arkansas · Sep 29, 2023

The question becomes whether qualified immunity shields him from -8- liability. It does not. … They violated Ward’s clearly -11- established rights under the Fourth Amendment.