Case law

Opinion No.

Arkansas Attorney General Reports · Jul 22, 2008

In my opinion, the answer to this question is clearly "no." A similar issue was discussed in the Ingram case mentioned earlier in this opinion. … The General Assembly has provided certain statutory authority for tax-qualified "defined contribution plans" whereby university employees may defer income.

Laughlin v. State

316 Ark. 489 · Supreme Court of Arkansas · Mar 28, 1994

He answered questions clearly and gave sufficient detail of the acts committed by the appellant. … This testimony clearly qualifies as rape by deviate sexual behavior. Ark. Code Ann. §§ 5-14-101 (l)(A), 5-14-103 (1987).

Sheila King v. Arkansas Department of Human Services and Minor Children

2022 Ark. App. 356 · Court of Appeals of Arkansas · Sep 28, 2022

Without establishing this causal relationship, “evidence that shows only the existence of community or family . . . substance abuse or nonconforming social behavior” will not “by itself” prove beyond a reasonable doubt … In determining whether a finding is clearly erroneous, we give due deference to the circuit court’s opportunity to judge the witnesses’ credibility. Bryant v. Ark. Dep’t of Hum. Servs., 2018 Ark.

Ben M. Hogan Company, Inc. v. Nichols

254 Ark. 771 · Supreme Court of Arkansas · Jul 2, 1973

This testimony conclusively establishes that Dr. … That rule seems clearly applicable here.

Onstad v. Bethell

District Court, W.D. Arkansas · Aug 30, 2021

Pachtman, 424 U.S. 409, 431 (1976), established the absolute immunity of a prosecutor from a civil suit for damages under 42 U.S.C. § 1983 “in initiating a prosecution and in presenting the State’s case.” … entitled to qualified immunity).

Robert Holland v. State of Arkansas

645 S.W.3d 318 · Supreme Court of Arkansas · Jun 16, 2022

We will not reverse a circuit court’s denial of a Rule 37.5 petition unless the circuit court’s findings are clearly erroneous. Coakley, 2021 Ark. 207, at 3, 633 S.W.3d at 330. … Bare allegations of prejudice by counsel’s conduct during voir dire that are unsupported by any showing of actual prejudice do not establish ineffective assistance of counsel. Id.

Opinion No.

Arkansas Attorney General Reports · Dec 7, 2006

However, education service cooperatives established under § 6-13-1001 et seq. … However, as discussed in my response to your previous question, it may be that the "administrative summaries" qualify as compilations independently disclosable under the FOIA.

Opinion No.

Arkansas Attorney General Reports · Apr 2, 2004

It establishes requirements with respect to employee work attendance and attendance records, areas clearly falling within the Quorum Court's local legislative authority, assuming no conflict with policies that bear uniquely … This of course assumes that the "deputized" employees would, in fact, thereby qualify as law enforcement officers.

Hoyle v. State

371 Ark. 495 · Supreme Court of Arkansas · Nov 15, 2007

With regard to the manslaughter convictions, Hoyle argues that the evidence failed to establish that he acted recklessly. … This evidence coupled with the toxicology report that established that Hoyle had methamphetamine in his system at the time of the accident and Dr.

Oliphant v. Oliphant

177 Ark. 613 · Supreme Court of Arkansas · Jun 18, 1928

Bishop, in his excellent work on Marriage and Divorce, vol. 2, p. 520-521, §§ 1360 and 1361, says: £ ‘ Then, remembering that the burden of proof is on the accuser, not the accused, we should be able to discern clearly that … the court rendering the judgment, upon which the court may forthwith annul the divorce. ’ ’ A divorce a vinculo matrimonii dissolves the marital bonds absolutely and restores each spouse to all . rights, privileges and immunities

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

Although A.C.A. § 14-37-103 (a) establishes the general rules regarding the classifications of a municipality, there are additional statutes that may effect the classification. … It is my opinion that this section clearly prohibits any territory "embraced within the limits of any city or incorporated town" from being incorporated as part of another municipality.

Williams v. Nesbitt

95 Ark. App. 79 · Court of Appeals of Arkansas · Apr 19, 2006

In an order establishing paternity that was filed for record on December 10, 2002, Mickey Nesbitt was found to have a weekly net income of $1086.00. … A trial court’s ruling on child-support issues is reviewed de novo by this court, and the trial court’s findings are not disturbed unless they are clearly erroneous. Montgomery v.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

Pursuant to Amendment 79, a qualifying individual who purchases property will be entitled to have its assessed *Page 2 value frozen as of the date of purchase. … Const. amend. 79 , § (1)(d)(1)(A) clearly trumps what might otherwise be the effect of A.C.A. § 26-26-1120 (b). As the court noted in Gravett v.

Brooks v. Pullen

187 Ark. 80 · Supreme Court of Arkansas · Mar 27, 1933

Appellants, Brooks and Dodd, filed, in the circuit court of Washington County, a petition for a writ of mandamus, which contained the following allegations: Petitioners are residents and qualified electors of Washington County … The present proceeding is not therefore one to establish a right, but is a proceeding, under authority of law, clearly given to all persons to inspect the certificate, tally sheets and poll books which the law requires the

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Article 7 , § 47 of the Arkansas Constitution provides: The qualified electors of each township shall elect the constable for the term of two years, who shall be furnished by the presiding judge of the county court with a … XX, § 16; accord A.C.A. § 14-14-1306 . 1 It would clearly run afoul of the Constitution for a quorum court to restrict the field of potential candidates for this position by imposing any further training qualifications.

Wooten v. State

220 Ark. 750 · Supreme Court of Arkansas · Jun 16, 1952

No grounds for disqualifying any juror were shown and they were therefore presumed to be qualified. … Clearly, in the circumstances, it was within the province of the jury to consider this evidence and reach its own conclusion as to the source of the blood.

Jackson v. State

142 Ark. 96 · Supreme Court of Arkansas · Feb 2, 1920

It was the theory of the defendant that the child was conceived before the 23rd day of August, 1918, and as tending to establish that fact he introduced as a witness Dr. … The court further stated that no rule can be laid down by which it can be accurately determined how much skill, knowledge, or experience a witness must possess to qualify and entitle him to testify as an expert.

Arkansas Department of Human Services v. Pierce

435 S.W.3d 469 · Supreme Court of Arkansas · May 29, 2014

The Martin court explained: As the New Jersey Supreme Court noted, the provision of the MCCA establishing that it supersedes conflicting provisions of the federal code indicates that the MCCA establishes a separate method … The method established is generally much more lenient in the exclusion of resources than SSI standards.

Smith v. State Board of Law Examiners

357 Ark. 628 · Supreme Court of Arkansas · Jun 10, 2004

We review bar admission and reinstatement cases de novo and will not reverse the findings of fact of the Law Examiners unless they are clearly erroneous. … A de novo review of the record determines whether the factual findings were clearly erroneous or whether the results reached were arbitrary or groundless. Lwellen v.

Rowe v. Harris

195 F. Supp. 310 · District Court, W.D. Arkansas · Jun 29, 1961

while in the establishment was forcibly arrested, physically dragged across the front of the establishment against his will and resistance, and with bodily force and violence was imprisoned in the back office of the gambling … “That the original complaint, its amendment and the discovery depositions clearly set forth plaintiff’s position, many of which facts are not disputed by the defendants.