Case law

Blanscet v. Ribicoff

201 F. Supp. 257 · District Court, W.D. Arkansas · Jan 19, 1962

It is not necessary that the plaintiff establish the complete absence of any opportunity for substantial gainful employment; he need only establish that he has become disabled from employment in any work or vocation in which … In the instant case the plaintiff has clearly shown the type of work he has performed in the past. This is the work of a coal miner and as a farmer which, of course, requires strenuous labor.

Arkansas Electric Energy Consumers, Inc. v. Arkansas Public Service Commission

2012 Ark. App. 264 · Court of Appeals of Arkansas · Apr 18, 2012

In doing so, we observe that the interpretation of a statute by the agency charged with its execution is highly persuasive, and, while not binding on this court, will not be overturned unless it is clearly wrong. Sw. … 1) removed the utility’s production facilities from the Commission’s jurisdiction; 2) violated the idea that a public utility’s production assets are held in trust for the public; 3) made shareholders’ use of the assets immune

Galloway v. Darby

105 Ark. 558 · Supreme Court of Arkansas · Nov 18, 1912

The rule is established beyond controversy, except where changed by statute, that a legacy or devise lapses when the legatee or devisee dies before the testator. 17 Am. & Eng. … demonstrate clearly that they were meant otherwise than in the technical sense.

Ashley Bancstock Co. v. Meredith

534 S.W.3d 762 · Court of Appeals of Arkansas · Nov 8, 2017

(3) If the applicant establishes that he or she is qualified and entitled to the inspection, the court shall grant an order permitting the inspection, subject … ABC argues that the shareholders had the burden of proof because the statute requires the applicant seeking to inspect records to establish that he or she is qualified and entitled to the inspection by demonstrating, among

Opinion No.

Arkansas Attorney General Reports · Apr 10, 1991

That act authorizes the Department of Correction to establish a "home detention" program for certain released inmates. … The title clearly indicates the legislature's intention to include parolees under the provisions of the act.

Opinion No.

Arkansas Attorney General Reports · Aug 16, 2010

I question, however, whether a city could by ordinance prohibit the operation of an established facility that complies with all otherwise applicable state law. … Legislative clarification of these issues is clearly warranted.

Meraz v. Doe Dispatch Officer

District Court, W.D. Arkansas · Feb 7, 2024

Pachtman, 424 U.S. 409, 427 (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.” … An officer is entitled to “qualified immunity for a warrantless arrest if the arrest was supported by at least ‘arguable probable cause.’” Joseph, 712 F.3d at 1226.

Opinion No.

Arkansas Attorney General Reports · Jan 20, 1994

Subsection (b) of § 6-18-703 clearly envisions the participation of Health Department employees in the clinics, and subsection (a)(1) (which is the codification of Section 36(b) of the appropriation act) addresses the establishment … And it is well-established that the courts will construe a legislative enactment as constitutional if at all possible. See Cozad v. State, 303 Ark. 137 , 792 S.W.2d 606 (1990).

Walls v. Starks

District Court, E.D. Arkansas · Nov 12, 2020

The Court noted that, even if the officer who used deadly force acted “contrary to her training,” she was still entitled to qualified immunity. Id., 135 S.Ct. at 1777. … [given that] police officers are entitled to qualified immunity unless existing precedent squarely governs the specific facts at issue.”).

Boren v. State

297 Ark. 220 · Supreme Court of Arkansas · Dec 5, 1988

This testimony clearly established, with no dispute from appellant, what the lower reading was at the time of sale to appellant’s customers. … This statement is clearly the antithesis of disclosing that there had been an alteration of the odometer.

Moore v. State

323 Ark. 529 · Supreme Court of Arkansas · Feb 19, 1996

Appellant’s Fifth Amendment argument clearly has no merit. … Sligh apparently did not have the education or training to qualify as an expert.

Gabriel E. Walton v. State of Arkansas

602 S.W.3d 754 · Court of Appeals of Arkansas · May 27, 2020

She also said that Gabriel would turn eighteen in a few months and could not qualify for a juvenile youth facility after that time. … We hold that the circuit court’s denial of Gabriel’s transfer motion was not clearly erroneous.

Baptist Health Medical Center v. First Community Bank of Batesville

537 S.W.3d 760 · Court of Appeals of Arkansas · Dec 6, 2017

In its motion to vacate the, court’s February 26, 2015 guardianship order, BHMC argued that (1) the original order was not supported by an oral or sworn written statement by a “qualified professional” as that term is defined … BHMC appeals from this order. |4We review probate proceedings de novo, but we will not reverse a finding of fact by the circuit court unless it is clearly erroneous. Donley v.

Gilliam v. Staley

District Court, E.D. Arkansas · Sep 29, 2021

Qualified immunity protects government officials from liability for damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person [in their positions … Conclusion The Defendants are entitled to qualified immunity because Gilliam has not established that his constitutional rights were violated.

Fondren v. State

364 Ark. 498 · Supreme Court of Arkansas · Jan 5, 2006

There is nothing to indicate that only specified felonies will qualify. Rather, any felony will support a conviction for manslaughter. … Despite these established tenets of statutory construction, the majority in this case affirms a manslaughter conviction *339 based entirely on a felony specifically excluded by the legislature.

Frauenthal v. Slaten

91 Ark. 350 · Supreme Court of Arkansas · Jul 12, 1909

It appears clearly that the character of this supervision was for the protection of the public and for the public benefit. … These matters were introduced in evidence as tending to establish the fact that Frauenthal treated the square or park as public property.

Opinion No.

Arkansas Attorney General Reports · Nov 30, 1995

As probate courts clearly have jurisdiction to determine such disputes between personal representatives and, for examples, heirs, it appears that subject matter jurisdiction, in this instance at least, may depend upon the … Pachtman, 424 U.S. 409 (1976), discussing the common law immunity of prosecutors, and held that a prosecuting attorney's immunity from civil suits for damages "is absolute and is established by precedents of this court and

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2009

Given that the subject of the request is a former state employee, the records are presumed to qualify as "public records" under this definition. As I stated in Op. … As always, the person claiming the right will have the burden of establishing it.

Mullinax v. State

53 Ark. App. 176 · Court of Appeals of Arkansas · May 1, 1996

reviewing a trial court’s decision to deny an appellant’s motion to suppress, this Court makes an independent determination based on the totality of the circumstances and will reverse the trial court’s ruling only if it is clearly … In Camp, we noted the importance of qualified drivers and safe vehicles using the highways and that we were not aware of a less intrusive means of making that determination.

Schenck v. Peay

21 F. Cas. 672 · U.S. Circuit Court for the District of Eastern Arkansas · Apr 15, 1869

Snow never fully qualified. His bond was never approved. … Now, does not this language clearly imply that the taxes may be paid any time “previous to sale”?