Case law

C.B. v. State

406 S.W.3d 796 · Supreme Court of Arkansas · May 24, 2012

This court will not reverse the circuit court’s decision unless it was clearly erroneous. Id. … Kittrell “clearly established the mental and emotional state and this was supported by the testimony of Appellant’s mother, Donna Davis.” In its order, the circuit court acknowledged that Dr.

Opinion No.

Arkansas Attorney General Reports · Jun 30, 1987

It should be noted initially that the permitted premises will ordinarily consist of those areas designated by the private club applicant, as part of the established application procedure, and approved by the Board. … It may therefore be necessary, in order to qualify areas such as porches and verandahs as part of the "premises," to show that the general public cannot or will not gain entrance to those areas.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified. … Based on the information set forth in your request, I believe this statute clearly applies to the library at issue.

Hearst v. PROGRESSIVE FOAM TECHNOLOGIES, INC.

682 F. Supp. 2d 955 · District Court, E.D. Arkansas · Jan 12, 2010

period” 33 for qualifying medical reasons. … HGI-Lakeside, Inc., 589 F.Supp.2d 1119 , FN 13 (S.D.Iowa 2008) (suggesting that this theory of interference has not been clearly adopted in this circuit). 90 . Wysong v.

Brown v. Cleveland

328 Ark. 73 · Supreme Court of Arkansas · Apr 7, 1997

Brown claims that legal custody is not a prerequisite to qualify for child support under Ark. Code Ann. § 9-14-105 or any other statute. … Although child custody and child support are clearly separate and distinct issues, and Ark.

Clark v. State

26 Ark. App. 268 · Court of Appeals of Arkansas · Feb 1, 1989

Williams’s degree is in sociology rather than physics or engineering, he was not qualified to testify about his reconstruction of the accident. … He then stated that he had been qualified as an expert in accident reconstruction in several Arkansas courts and in the federal courts of both Arkansas and Texas.

Bennett v. State

345 Ark. 48 · Supreme Court of Arkansas · May 24, 2001

App. 1999) (odors may constitute probable cause if the magistrate finds the affiant qualified to know the odor — here, marijuana — and it is one sufficiently distinctive to identify a forbidden substance). … This case presents exactly those circumstances, and the trial court’s determination that the good-faith exception applied was clearly against the preponderance of the evidence.

Sebastian County Chapter of the American Red Cross v. Weatherford

311 Ark. 656 · Supreme Court of Arkansas · Feb 1, 1993

We hold that the finding was clearly erroneous, and we reverse and remand. … He also argued that the one-dollar-per-year rental payment did not qualify as support by public funds.

Opinion No.

Arkansas Attorney General Reports · Jul 27, 2004

As noted above, I believe the project described in your agreement clearly falls within the range of those contemplated by the legislature in enacting the Interlocal Cooperation Act. … Regardless of whether it is or is not, the interlocal agreement you have submitted for my approval does not appear to envision any bond financing of the project, which in any case does not qualify as industrial development

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2007

The residents argue that "had there been an intent to establish a city with boundaries other than those of the original village boundaries . . . there should have been a more deliberate attempt to actually notify the affected … [I]t clearly still exists, and consists of the county judge, wearing a judicial hat." Id., quoting Ops.

Scharnhorst v. Cantrell

District Court, W.D. Arkansas · Dec 12, 2023

immunity unless Plaintiff’s constitutional right was clearly established at the time of the deprivation. … As noted above, the defendants are “entitled to qualified immunity unless Plaintiff’s constitutional right was clearly established at the time of the deprivation.” Howard, 570 F.3d at 988.

Alexander v. Dallas County Detention Center

District Court, E.D. Arkansas · Jan 21, 2021

Individual Capacity Claims “Qualified immunity shields public officials from liability for civil damages if their conduct did not violate clearly established statutory or constitutional … Even so, as the Court of Appeals noted in a recent decision, there is, “no controlling authority” or “robust consensus of persuasive authority” clearly establishing an inmate’s right to be housed in a facility free from

Barrera v. Vanpelt

332 Ark. 482 · Supreme Court of Arkansas · Apr 9, 1998

Vanpelt characterizes the issue of standing as one of first impression in Arkansas; if it is, it is an easy one to decide. 1 As the trial court stated in its order, § 28-40-113(a) establishes who may contest a will, and the … In addition, if William Y.’s will were set aside for some reason, Barrera also would qualify along with her siblings as an “heir” within that statutory-defined term.

Opinion No.

Arkansas Attorney General Reports · Apr 29, 2005

The commissioners' qualifications are established by law. A.C.A. § 14-88-301 (a). And clearly, both district commissioners and assessors exercise some part of the state's sovereign power. … This statute clearly applies to the MRID, which you report was formed in 1980.

Rooney v. Rock-Tenn Converting Co.

200 F. Supp. 3d 816 · District Court, W.D. Arkansas · Aug 2, 2016

Rooney Was Meeting Rock-Tenn’s Legitimate Expectations To establish thát Rooney was meeting Rock-Tenn’s reasonable expectations at the time he was terminated, Rooney need only show that he was qualified for the position at … Rock-Tenn clearly and specifically articulates a number of reasons for Rooney’s discharge, with the main reason being Metter’s belief that Rooney’s performance was poor.

Moore v. Payne

District Court, E.D. Arkansas · Oct 8, 2024

To determine whether a defendant is entitled to qualified immunity, the Court must consider two questions: (1) do the facts alleged by plaintiff establish a violation of a constitutional or statutory right; and (2) if … so, was that right clearly established at the time of the defendant’s alleged misconduct.

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2004

This fact is important when discussing whether additional early voting polling places can be established as well in Marion and Newton Counties. … Again, the statutes relating to early voting do not clearly address the situation at hand.

Kildow v. Baldwin Piano & Organ

58 Ark. App. 194 · Court of Appeals of Arkansas · Jul 2, 1997

It is clear to us that reasonable minds could not agree that appellant’s testimony does not establish that her job did involve swift or quick motion. … Additionally, basic principles of administrative law mandate that we give some deference to an agency’s construction of statutes, and we view the Commission’s construction as persuasive, unless it is clearly wrong. Ark.

Human Rights Defense Center v. Baxter County, Arkansas

District Court, W.D. Arkansas · May 2, 2018

The Court previously issued a Memorandum Opinion and Order (Doc. 49) dismissing the individual capacity claims against the named officials on the basis of qualified immunity. … However, that decision focused solely on qualified immunity, looking only to see whether there was clearly established law that such a postcard-only policy was unconstitutional.

Jackson v. State

359 Ark. 297 · Supreme Court of Arkansas · Nov 4, 2004

The circuit court concluded that Officer Hurd: has the right to testify as an expert that he knows of his own personal knowledge from whatever the thing is because he’s already been qualified as both a slinger and a banger … The majority dismisses Officer Hurd’s testimony as merely cumulative because “duplicate testimony was presented to the jury through federal grand-jury transcripts that clearly established that Jackson was indeed a ‘banger