Case law
Opinions from 1658 to today.
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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.
Cited 0 timesPublishedReid v. Arkansas Department of Human Services
380 S.W.3d 918 · Supreme Court of Arkansas · Apr 28, 2011
The standard of review in cases involving the termination of parental rights is well established. … The circuit court’s best-interest determination is not clearly erroneous.
Cited 71 timesPublished75 Ark. 452 · Supreme Court of Arkansas · May 27, 1905
It established a rule of practice, and was decided prior to this trial, and it cannot be said that the rule established is a bad one, or that it works unjustly, and the court declines to overrule that decision. … When payment by others is valid and when invalid is discussed, and the line clearly marked, in Whittaker v. Watson, 68 Ark. 555 .
Cited 8 timesPublishedHuman 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.
Cited 0 timesUnknown359 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
Cited 41 timesPublishedPellerin Laundry MacHinery Sales Company v. Hogue
219 F. Supp. 629 · District Court, W.D. Arkansas · Jul 12, 1963
The rights of persons under title-retaining contracts have been clearly defined. In Provance v. … Co., 8 Cir., 36 F.2d 661, 663 , in not regarding the expression of that case as intended to change the Court’s previous, specific holdings on the question and the law which thereby clearly had been established, ‘It is observed
Cited 10 timesPublishedArkansas Attorney General Reports · Dec 12, 2011
The focus in locating such organizations in terms of the constitutional proscription is on whether they qualify as "public" institutions. … As established in McCutchen , 14 it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified
Cited 0 timesPublished654 S.W.3d 641 · Supreme Court of Arkansas · Nov 10, 2022
Gurdon’s claim is no less sufficient to establish commonality. See id. … Thus, the existence of one common claim among the class clearly predominates, and the circuit court did not abuse its discretion in making this finding.
Cited 2 timesPublished2026 Ark. App. 336 · Court of Appeals of Arkansas · May 20, 2026
The membership rules of 1984, 1985, 1998 and 2011 have been adopted by acquiescence and those bylaws established valid membership rules, including who was a member qualified to vote on the decision to list the … Following a bench trial, our standard of review asks whether the circuit court’s findings were clearly erroneous or clearly against the preponderance of the evidence. AgriFund, LLC v.
Cited 0 timesPublishedArkansas Attorney General Reports · May 28, 1993
Even though the circuit judge determined that these materials qualified as personnel records, he ordered their release after concluding that their disclosure would not constitute a clearly unwarranted invasion of personal … longer contains a generally applicable privacy exemption, the supreme court has recognized a constitutional right to `disclosural privacy' which, under certain circumstances, outweighs the right of access to public records established
Cited 0 timesPublished346 Ark. 432 · Supreme Court of Arkansas · Nov 1, 2001
Declarations of the parties are evidence tending to establish marriage.” Id. at 53 . … The cases of Thomas, DePotty, and Vales are clearly distinguishable from the cases reiterating our refusal to recognize common-law marriage.
Cited 9 timesPublishedPedigo v. P.A.M. Transport, Inc.
891 F. Supp. 482 · District Court, W.D. Arkansas · Dec 1, 1994
Is Plaintiff a “Qualified Individual With a Disability”? … The Act, with respect to Title VII mixed motive cases, establishes that an employer may no longer escape liability entirely.
Cited 4 timesPublishedDonald Adams v. State of Arkansas
617 S.W.3d 249 · Supreme Court of Arkansas · Feb 18, 2021
For example, this court has held that flight following the commission of an offense may be considered corroboration of evidence tending to establish guilt. Chapman v. State, 343 Ark. 643, 38 S.W.3d 305 (2001). … State, 335 Ark. 131, 133, 983 S.W.2d 110, 111 (1998) (Circuit court’s pretrial ruling “that the testimony would be admissible ‘with what the court knows at this time’ was clearly a preliminary or qualified ruling” that
Cited 4 timesPublishedGreen Party of Arkansas v. Daniels
445 F. Supp. 2d 1056 · District Court, E.D. Arkansas · Aug 23, 2006
Defendant’s Response at p. 10. 7.In Citizens To Establish a Reform Party in Arkansas v. … that a sufficient demonstration of a modicum of support is established in both instances by a 3% signature requirement.
Cited 3 timesPublishedKeller v. L. A. Darling Fixtures
40 Ark. App. 94 · Court of Appeals of Arkansas · Dec 2, 1992
the statutory language this Court has indicated that “objective conditions or symptoms” have a broad meaning, including “symptoms of pain, and anguish, such as weakness, pallor . . . sickness, nausea, expressions of pain clearly … The Nebraska court said that “symptoms of pain; and anguish, such as weakness, pallor, faintness, sickness, nausea, expressions of pain clearly involuntary, or any other symptoms indicating a deleterious change in the bodily
Abrogated — as noted by a later courtCited 19 timesPublished2013 Ark. 406 · Supreme Court of Arkansas · Oct 10, 2013
We held that the trial court was not clearly erroneous in dismissing the habeas petition on the basis that, even if King’s DNA and fingerprints were not found on the mask, his actual innocence could not be established in … Code Ann. § 12-12-1101, and amended it to provide for DNA testing of all individuals convicted of all “qualifying offenses.” Ark.
Cited 4 timesPublishedDistrict Court, W.D. Arkansas · Apr 7, 2022
“On a motion to dismiss, qualified immunity warrants dismissal ‘only when the immunity is established on the face of the complaint.’” Northland Baptist Church of St. Paul v. Walz, 530 F. Supp. 3d 790, 806 (D. … right; and (2) the right was clearly established at the time of the deprivation.”
Cited 0 timesUnknownArkansas Attorney General Reports · Mar 30, 2004
RESPONSE If by "deed this property" you mean "donate," I believe the answer to this question is clearly "no." Ark. Const. art. 12 , § 5 . … Helena-West Helena Industrial Development Corp., 226 Ark. 620 , 625-26 , 291 S.W.2d 802 (1956) "establishes beyond all question that a municipality cannot contribute to a private, nonprofit corporation regardless of whether
Cited 0 timesPublishedDistrict Court, W.D. Arkansas · Mar 22, 2023
; (3) Defendants are entitled to qualified immunity because Plaintiff failed to allege a plausible retaliation claim and failed to allege any actual physical injury. … that they violated clearly established rights.
Cited 0 timesUnknown279 Ark. 414 · Supreme Court of Arkansas · Jun 13, 1983
It was also established that when appellant left for Houston, he abandoned the van he was driving on the day of the murder. … Appellant’s contention that a death qualified jury is more conviction prone was rejected in Lasley v.
Cited 12 timesPublished
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