Case law

Farmer v. Duncan

District Court, W.D. Arkansas · Jan 4, 2018

Judge Xollie Duncan is immune from suit. Mireles v. Waco, 502 U.S. 9, 11 (1991)("Judicial immunity is an immunity from suit, not just from ultimate assessment of damages"); see also Duty v. … Diversity of citizenship clearly does not exist. Junk v. Terminix Intern.

Opinion No.

Arkansas Attorney General Reports · Oct 17, 2003

A well-established principle of statutory interpretation that has been consistently applied by the Arkansas Supreme Court is the principle that all legislation is presumed to apply prospectively unless the legislature expressly … Act 674 is substantive, rather than procedural, because by permitting an increase in benefits, the Act clearly creates new payment obligations for the pension fund.

Cothren v. State

344 Ark. 697 · Supreme Court of Arkansas · May 10, 2001

A petitioner may also qualify for Rule 37 relief, regardless of trial counsel’s performance, if he demonstrates error so fundamental as to render the judgment of conviction void and subject to collateral attack. … An offense is so included if: (1) It is established by proof of the same or less than all the elements required to establish the commission of the offense charged; Mr.

Campbell v. Arkansas Department of Human Services

2013 Ark. App. 84 · Court of Appeals of Arkansas · Feb 13, 2013

She testified that there were families available to adopt the children and that one family in particular had been identified and qualified as an adoptive placement. According to Spencer, adoption was very likely. … We will not reverse the circuit court’s ruling unless its findings are clearly erroneous. Id., 40 S.W.3d 286 .

Allen v. Helder

District Court, W.D. Arkansas · Feb 14, 2022

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.” … prosecutor acting in an investigatory or administrative capacity is only entitled to qualified immunity).

Baggett v. State

254 Ark. 553 · Supreme Court of Arkansas · May 28, 1973

In the instant case, we think an abandonment of premises, and the items found, could not be more clearly shown than by the circumstances herein mentioned, and we hold appellant’s contention to be without merit. … Ann. § 43-2204 (Repl. 1964) provides as follows: “A juror cannot be examined to establish a ground for a new trial; except it be to establish, as a ground for a new trial that the verdict was made by lot.”

Lillard v. State

236 Ark. 74 · Supreme Court of Arkansas · Feb 11, 1963

The homicide by appellant was established. … We have detailed a sufficient amount of the testimony to establish that appellant’s assignments are without merit.

Graham v. State

365 Ark. 274 · Supreme Court of Arkansas · Feb 16, 2006

There are limitless scenarios that might qualify as ‘taking action,’ and the State failed to disprove them.” In essence, Edith argues that, by failing to prove a negative, the State failed to meet its burden of proof. … Thus, the defendant’s awareness of the duty is an element that must be established in order to find a criminal breach of that duty.

Robert Bevell v. Arkansas Department of Human Services and Minor Child

662 S.W.3d 259 · Court of Appeals of Arkansas · Mar 8, 2023

The question in Bevell’s case is whether the oral finding that Bevell is MC’s biological father coupled with the written order finding Bevell to be MC’s “legal father” qualifies as a finding that he is, in fact, MC’s parent … We hold that the circuit court did not clearly err in finding that Bevell subjected MC to aggravated circumstances.

Hollamon v. State

312 Ark. 48 · Supreme Court of Arkansas · Feb 8, 1993

Accordingly, the defendant must first establish a prima facie case of purposeful discrimination, which the appellant clearly did in this case when he pointed to a peremptory strike by the state dismissing the sole black person … Under these circumstances, we cannot say that the circuit court clearly erred in its finding.

Kersh Lake Drainage District v. Johnson

203 Ark. 315 · Supreme Court of Arkansas · Dec 8, 1941

The doctrine of res judicata clearly applies on these appeals. … I am clearly of the view that neither fraud nor what could amount to constructive fraud appears in the record before us.

Morton v. Park View Apartments

315 Ark. 400 · Supreme Court of Arkansas · Dec 20, 1993

The trial court was clearly wrong in this finding. … The 1978 agreement was intended as a device to facilitate the establishment of a limited partnership for the purpose of taking favorable federal income tax deductions. Mr.

Jones v. Douglas

470 S.W.3d 302 · Court of Appeals of Arkansas · Sep 16, 2015

. : I do not agree that the circuit court clearly erred in relying on sworn affidavits from appellees Douglas and Morrison that they did not refuse mailed service or authorize anyone else to refuse it for them. … The court of appeals agreed that service had not been established and reversed the circuit court’s order terminating his parental rights.

In re Adoption of Baby Boy B.

394 S.W.3d 837 · Supreme Court of Arkansas · Mar 1, 2012

Clearly, S.M.B. thwarted appellant’s efforts to comply with section 9-9-206(a)(2). … While appellant clearly requested the circuit court to rule on this issue, the court declined.

David Edward McLaughlin v. State of Arkansas

2021 Ark. 216 · Supreme Court of Arkansas · Nov 18, 2021

McLaughlin fails to establish that he is entitled to any relief. … Section 16-112-202 requires that in order to file a motion for testing that may qualify for relief under the Act, a petitioner who requests relief and who seeks scientific testing to provide the basis for that relief must

Katharena Flowers v. Arkansas Department of Human Services and Minor Children

666 S.W.3d 128 · Court of Appeals of Arkansas · Apr 19, 2023

person for whom a guardian is prayed is either a minor or otherwise incapacitated; (2) a guardianship is desirable to protect the interests of the incapacitated person; and (3) the person to be appointed guardian is qualified … The evidence presented established that in May 2021, appellant was charged with DUI and endangering the welfare of a minor; the children had remained out of her custody since that time for more than fifteen months; appellant

Opinion No.

Arkansas Attorney General Reports · May 16, 1996

In addition, a review of the development of SJR 1, which ultimately became Amendment 59, reveals that early drafts of the amendment clearly contemplated that countywide reassessments that are not part of a statewide program … The spirit and intent of the amendment are, in my view, that countywide reassessments that otherwise qualify will occasion a tax rate adjustment.

MacKintrush v. State

60 Ark. App. 42 · Court of Appeals of Arkansas · Dec 22, 1997

Kokes, who had been qualified as a forensic pathologist rather than a reconstructionist; therefore, he argued, Dr. … The duty of the trial judge is explained as follows: These procedures have been well established in our case law and are consistent with the principles set forth in Batson through Purkett.

Fordyce v. Woman's Christian National Library Ass'n

79 Ark. 550 · Supreme Court of Arkansas · Jul 2, 1906

A base or qualified fee during its continuance has all the incidents of a fee simple. … The immunity of the property of a charity from sale under execution rests on special grounds.

Opinion No.

Arkansas Attorney General Reports · Sep 23, 2004

In the situation you have described, I believe the director of the nonprofit corporation, which as an "instrumentality" of the city has a public aspect, would clearly qualify as an "official" subject to the proscription set … I believe these definitions clearly apply to the activities of a bank director.