Case law

Opinion No.

Arkansas Attorney General Reports · Jan 24, 2001

However, A.C.A. § 17-38-304 (f) clearly establishes that a full-term, formal apprenticeship is not an invariable condition precedent to one's applying to become a journeyman plumber: The Committee of Plumbing Examiners shall … To my mind, these provisions verge on flatly contradicting those of A.C.A. §§ 17-38-304 (d) and (f) on a matter totally apart from the question of whether the SPAC or the SCPE may determine who is qualified to apply for a

Karl D. Roberts v. State of Arkansas

592 S.W.3d 675 · Supreme Court of Arkansas · Jan 30, 2020

Moreover, Roberts’s postconviction attorneys have established this point in spades, and the State has presented nothing to rebut it. … Accordingly, the lower court’s decision on this point is clearly erroneous, and it should be reversed.

Orr v. City of Rogers

232 F. Supp. 3d 1052 · District Court, W.D. Arkansas · Feb 3, 2017

To establish a prima facie case of disparate treatment, a plaintiff must show that she: “(1) is disabled within the meaning of the ADA, (2) is a qualified individual under the ADA, and (3) has suffered an adverse employment … Next, Orr must show that she was a “qualified individual” under the ADA.

Newton, County Judge v. Edwards

203 Ark. 18 · Supreme Court of Arkansas · Nov 10, 1941

W. 296 , the court said: “(1) It is a well established principle that a constitutional provision merely creating an office does not amount to a prohibition against legislative action varying the duties of that office. … This section provides that the qualified electors of each county shall elect a sheriff who shall be ex-officio collector of taxes, unless otherwise provided by law.

Van Hovenberg v. Holman

201 Ark. 370 · Supreme Court of Arkansas · Nov 18, 1940

If Holman was ineligible to vote in favor of granting a permit to The Texas Company, clearly no permit was granted, unless the issue can be determined by a majority of those voting on the question, even though they be less … If it should be held that penalty of the ordinance deprived equity of jurisdiction, then any person desiring to proceed in violation of law could pay the maximum fine and become immune thereafter except as to damages.

Dilday v. State

300 Ark. 249 · Supreme Court of Arkansas · Oct 30, 1989

He was too inebriated to speak clearly or to stand on his own. … The appellees in this case have no more right to special application of the law than do grocery stores and other retail establishments or manufacturing concerns.

Hunter v. Ark. Dep't of Human Servs. & Minor Child

562 S.W.3d 883 · Court of Appeals of Arkansas · Oct 17, 2018

Still, Hunter argues that this shortcoming qualifies as the third exception to the contemporaneous-objection *887 requirement set forth in Wicks v. State , 270 Ark. 781 , 606 S.W.2d 366 (1980). … Based on these circumstances, the circuit court did not clearly err in finding there was little likelihood that services would result in reunification.

At&T Communications of the Southwest, Inc. v. Arkansas Public Service Commission

344 Ark. 188 · Supreme Court of Arkansas · Mar 22, 2001

Thus, the AUSF established pursuant to Act 77 ensures that qualifying Incumbent Local Exchange Carriers (ILECs) 2 have a continuing source of subsidies to support their operations. … First, AT&T contends that the Requesting ILECs’ Toll Pool revenue replacement claims do not qualify for reimbursement under § 23-17-404(e)(4)(B).

Scott v. Gibson

District Court, E.D. Arkansas · Aug 18, 2020

Second, the Court declines the recommendation’s last paragraph, which deals with qualified immunity on Scott’s retaliation claim. Doc. 58 at 15 & n.8. … Prisoners have a clearly established right to be free from retaliation for using the grievance process. Santiago v. Blair, 707 F.3d 984, 991 (8th Cir. 2013).

Opinion No.

Arkansas Attorney General Reports · Jan 23, 1990

bonds, levy the tax for no longer than twenty-four (24) months, and appropriate the resulting revenues, subject to the Arkansas Constitution, Article 12 , Section 4 , paragraphs 2 through 4 , provided: (1) A majority of the qualified … The statute above seems to clearly contemplate that the money collected from the sales tax be distributed either to the county or the municipality, "as the case may be", but not to each per capita.

Loy v. State

310 Ark. 33 · Supreme Court of Arkansas · Jun 22, 1992

It clearly evidences the purpose of the solicitation as well as the means that Loy promoted to perpetrate foul play. … As such, the simulated bomb and the videotape depicting its detonation easily qualify as proof of a material fact under Rule 401.

Arkansas Public Defender Commission v. Pulaski County Circuit Court

365 S.W.3d 193 · Supreme Court of Arkansas · May 13, 2010

Here, pursuant to Arkansas Code Annotated section 16-87-212 (Repl.2005), the circuit court clearly had subject-matter jurisdiction to order the APDC to make an authorized payment in a case involving an indigent defendant. … Brown, 139 N.M. 466 , 134 P.3d 753 (2006) (holding that where a defendant's indigence has been conclusively established, he or she is entitled to obtain funding for expert witness fees regardless of whether he or she is represented

Davis v. State

296 Ark. 524 · Supreme Court of Arkansas · Oct 17, 1988

The majority opinion recognizes that a non-qualified officer’s arrest cannot be the basis for a conviction. … The stipulation filed by the parties clearly establishes that the person making the arrest in this case does not meet the provisions of these standards.

Ashley v. Benton, City of

District Court, E.D. Arkansas · Sep 12, 2022

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Qualified Immunity The defendants maintain that the Benton Police Chief and any defendant not granted legislative immunity should be granted qualified immunity in any claim against them

Hunt v. Perry

357 Ark. 224 · Supreme Court of Arkansas · Apr 29, 2004

DHS suggested to the mother, however, that an alternate plan for visitation be established, such as supervised visitation. … So, I think she’s qualified to do that. She does it on a regular basis.

Lyon v. White River-Grand Prairie Irrigation District

281 Ark. 286 · Supreme Court of Arkansas · Jan 30, 1984

In attacking the establishment of this district, appellants raise four issues. … We think Act 114 of 1957, as amended, clearly anticipates agricultural irrigation purposes and agree with the findings of the Commission and the trial court.

Vibo Corp. v. State ex rel. McDaniel

380 S.W.3d 411 · Supreme Court of Arkansas · Mar 31, 2011

The issues are clearly not the same, and the circuit court correctly declined to enforce the 2006 stay order broadly to encompass the current dispute. IV. … The burden of proof shifts to the opposing party once the moving party establishes a pri-ma facie entitlement to summary judgment, and the opposing party must demonstrate the existence of a material issue of fact. Id.

Bayercropsciences Lp v. Glen Hooks Michael Dougan Pratt Remmell Reed Storey Tim Fisher Victor Gray Bland Currie Gladys Whitney Frances Wilson Shackleford Adam Fisher Guy Fisher Paden Ball Gale Stewart Coy's Honey Farm, Inc. Arkansas State Plant Board, a Division of the Arkansas Department of Agriculture Arkansas State Plant Board Members in Their Offcial Capacites: Walter "Bruce" Alford Kyle Baltz Tommy Anderson Reynold Meyer Darrell Hess Marty Eaton Barry Walls Terry Fuller Mark Hopper Brad Koen Sam Stuckey Terry Stephenson Dr. Ken Korth Dr. Nathan Slaton Matthew Marsh Jason Parks Scott Milburn Dennie Stokes Mark Morgan Omp Farms, LLC Ozark Mountain Poultry, Inc. Freedom to Farm Foundation, Inc. Jason McGee Tim Gannon Leslie Brown Hollis Mankin Farmvoice Inc. Timothy Pirani Adam Henard And Jarred Hopper

638 S.W.3d 274 · Supreme Court of Arkansas · Feb 10, 2022

We hold that section 25-15-212 of the APA, does not bar the granting of circuit court clearly erred in denying Bayer’s motion to intervene. based on section 25-15-212. … Thus, we hold that the circuit court clearly erred in denying Bayer’s motion to intervene.

VANG LEE v. Mansour

104 Ark. App. 91 · Court of Appeals of Arkansas · Nov 19, 2008

Clearly, appellant should have been given notice of appellee’s request to withdraw. Compare Snowden v. Riggins, 70 Ark. App. 1 , 13 S.W.3d 598 (2000). … The order granting summary judgment recites that the established case law in Bright v.

Collins v. Warner

32 Ark. 87 · Supreme Court of Arkansas · Nov 15, 1877

That the Avill Avas duly probated ; but neither of the executors named qualified and assumed the execution of it. … Wills, and Margaret Bledsoe, which appear to have been paid, absolutely, and of the other half for life, be declared and established by the court; and for an order for the sale, by a commission appointed for that purpose,