Case law

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.

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.

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2008

Given that the record is kept by the School Board, was written by a school district employee, and the subject matter involves the performance of official functions, I believe the document in question clearly qualifies as … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Fort Smith & Van Buren District v. Scott

103 Ark. 405 · Supreme Court of Arkansas · Apr 22, 1912

The granting of continuances, as has .been uniformly held, is within the sound discretion of the trial court; and, unless such discretion appears clearly to have been abused, it is not the practice to set aside a judgment … It is next contended that certain witnesses were not qualified to express opinions upon the value of the land taken, and that their testimony was incompetent.

Raper v. Braley

District Court, W.D. Arkansas · Jul 10, 2023

Thus, Defendant is not entitled to qualified immunity.1 ECF No. 23, at 2-3. … to qualified immunity in her motion to dismiss.

Drewry v. Drewry

3 Ark. App. 97 · Court of Appeals of Arkansas · Oct 21, 1981

The Arkansas General Assembly expressed its concern over the difficulty fathers had in obtaining custody notwithstanding that, in many instances, they are more qualified to care for children than mothers. … The only medical evidence offered in this case concerned the temporary order establishing the weekly divided custody award. There was no expert testimony or other evidence regarding the six month divided custody award.

Pruett v. State

282 Ark. 304 · Supreme Court of Arkansas · Apr 30, 1984

However, the jury finally selected was qualified within the meaning of the Witherspoon doctrine. … In my view the appellant had a right to prove that death-qualified jurors are more prone to conviction than jurors who are not so qualified, and to further prove that the jury in this case was so qualified. Grigsby v.

Heath v. Research-Cottrell, Inc.

258 Ark. 813 · Supreme Court of Arkansas · Nov 3, 1975

Under well established law, appellee, Research-Cottrell, Inc., has the burden of clearly proving any right to an exemption. C. J. C. Corporation v. Cheney, Commissioner, 239 Ark. 541 , 390 S.W.2d 437 (1965). … This was clearly the purpose of the tax exemption. Appellee, to qualify for the pollution use tax exemption, must fit precisely within the statutory definition.

Stacy Lewis v. Arkansas Department of Human Services and Minor Children

2025 Ark. App. 209 · Court of Appeals of Arkansas · Apr 9, 2025

On May 22, 2024, the court held a hearing regarding the paternity of MC4, and DNA test results established that Lamarquis Watson is MC4’s father. … Stacy was making reasonable efforts toward achieving the goals established in the case plan, and reunification remained the goal.

Arkansas Fire & Police Pension Review Board v. Stephens

309 Ark. 537 · Supreme Court of Arkansas · Jun 8, 1992

The usage is clearly in the present tense, and it would require a distortion of the language to reach the result appellees favor. … As to the matter of liberal construction, that broad rule of construction has its established and proper place in the law, but is seldom conclusive per se. It is but one of several aids of statutory construction. N.

Opinion No.

Arkansas Attorney General Reports · Aug 20, 1996

The situation that you have described clearly falls within this general restriction against school choice. … In establishing the acceptable range of variance, the department is directed to use the remedial guideline established in Little Rock School District v.

X.T. v. M.M.

2010 Ark. App. 556 · Court of Appeals of Arkansas · Sep 1, 2010

The Court in Lehr explained that what a putative father has is not an established right but instead an 17inchoate one: the putative father has an opportunity to establish parental rights by performing parental duties. … In addition to her failure to supervise, appellant’s mother affirmatively permitted appellant to drive the family car, with the pregnant L.G. as a passenger, before appellant had qualified for his driving permit.

Opinion No.

Arkansas Attorney General Reports · Dec 27, 2006

However, hangars are a necessary component of a publicly owned airport facility and as such clearly fulfill a public purpose that would warrant the public construction effort at issue in your request. … specified in subdivision (17) of § 19-6-301 , there to be used for making grants-in-aid to qualifying airports of this state as authorized by law and for the maintenance, operation, and improvement required by the Arkansas

In Re Guardianship of Kathryn Grace Kennedy, an Incapacitated Person, Dan Krotzer v. Esther Julianne McDaniel

603 S.W.3d 551 · Court of Appeals of Arkansas · May 13, 2020

That statute provides in pertinent part that “[a]ny person may file a petition for the appointment of himself or herself or some other qualified person as guardian of an incapacitated person.” … Krotzer has also failed to establish that his interest in Kennedy’s well-being was not adequately represented by McDaniel.

Hambay v. Williams

335 Ark. 352 · Supreme Court of Arkansas · Dec 10, 1998

It was also alleged in Count Two that this tax was not approved by the qualified electors, as required by Ark. Const, art. 5, § 38. … The issues under Count Two relating to Act 916 and Amendment 74 are simply not addressed, and they clearly allege an illegal exaction of a different stripe.

Opinion No.

Arkansas Attorney General Reports · Jun 3, 2011

In order to establish an equal protection violation arising out of a classification that does not affect a suspect class or a fundamental right, it is necessary to show that the disparity is arbitrary — that is, that the … Francis Levee District and non-qualifying property owners who own fewer than 40 acres.

K.C. v. Arkansas Department of Human Services

2010 Ark. App. 353 · Court of Appeals of Arkansas · Apr 28, 2010

After summarizing the long history it had with Green and her children, the court identified one of the main issues as whether K.C., based on her mental deficiency, would ever be a “minimally qualified parent.” … DHS concedes that this element has been established based upon a strict construction of Arkansas Code Annotated section 9-27-303(18)(B).

Hanna v. State

2009 Ark. App. 809 · Court of Appeals of Arkansas · Dec 2, 2009

When cross-examined by the State, he was clearly evasive, again asserting that he was “just not able to work.” … The record does not reflect when Hanna qualified for SSI, which is not income for child-support purposes.

Sherpell v. Humnoke School District No. 5

750 F. Supp. 971 · District Court, E.D. Arkansas · Oct 17, 1990

The message in Baldwin is clearly “[procedural requirements established by Congress for gaining access to the federal courts are not to be disregarded by courts out of a vague sympathy for particular litigants.” … She was only qualified to teach in grades 1-6. She does not have the proper certification to teach in kindergarten nor in special education. And this clearly was the honest understanding of both the Board and Mr.