Case law

Echols v. State

326 Ark. 917 · Supreme Court of Arkansas · Dec 23, 1996

Almost all of the factors clearly weigh in favor of a joint trial. … Peretti was qualified as an expert in forensic pathology without objection.

Opinion No.

Arkansas Attorney General Reports · Mar 22, 2000

Only a court can definitively establish the correct interpretation of A.C.A. § 14-43-412 , with its outdated reference to the "annual election." … The situation you have described concerning the city clerk's position is clearly governed by A.C.A. § 14-43-412 , discussed in response to Question 1.

Hopper v. Chancey

District Court, W.D. Arkansas · Oct 21, 2024

• All State Defendants are entitled to qualified immunity in their individual capacity and sovereign immunity in their official capacity. … Plaintiff’s demand for an Oath of Office from all Defendants, as well as his arguments in his Show Cause Reply are all clearly based on sovereign citizen ideology and principles.

Lewis v. Smith

198 Ark. 244 · Supreme Court of Arkansas · Apr 24, 1939

Section 3 amends § 19 of Art. 7 of the Constitution so that it will read: “The clerks of the circuit courts shall be elected by the qualified electors of the several counties for the term of two years, and shall be ex-officio … The experiment was not satisfactory, and by the Constitution of 1874, the probate court was re-established.

Brown v. United States

374 F. Supp. 723 · District Court, E.D. Arkansas · Apr 18, 1974

negligence on the part of the Government was clearly erroneous. … The holding of the Court of *728 Appeals establishes as the law of the case that the Government breached its duty to use reasonable care in providing for plaintiff’s safety by confining him “in a facility that it knew or

Opinion No.

Arkansas Attorney General Reports · May 23, 2002

Subsection (b) of this statute was enacted pursuant to Act 1785 of 2001, which effected the establishment of the Arkansas Fair Housing Commission and is currently codified in its remainder at A.C.A. §§ 16-123-301 through … Mayer Co., 392 U.S. 409 , 413-16 (1968), nothing in the later legislation can or should be read as qualifying either the intent or the continued effectiveness of the earlier legislation.

Opinion No.

Arkansas Attorney General Reports · Sep 5, 2008

. § 6-21-108 (b)(1)(C) "clearly qualify as effecting a `public *Page 5 advantage' to education consistent with the provisions of Article 14, § 1," citing City of Blytheville v. … With regard to your particular question concerning the conducting of urban renewal or redevelopment projects, I believe it is clear that the powers and authority established by these statutes are conferred upon the public

Opinion No.

Arkansas Attorney General Reports · Aug 25, 1997

With regard to the decision concerning whether the Department must register an offender, it should be noted that "Public officials, public employees, and public agencies are immune from civil liability for good faith conduct … Further, it is apparent that certain offenses, such as rape, may qualify as an "offense against a victim who is a minor," a "sex offense," and a "sexually violent offense."

Bank of New York v. University Partners, Ltd.

719 F. Supp. 1479 · District Court, W.D. Arkansas · Aug 3, 1989

The answer is obviously that although some ventures financed with “bond money” are not “business loans” under DICMCA, some clearly are. This one is. … BONY argues that Sunbelt and Peterson do not qualify as “strangers” to the BONY-University Partners debt.

Harrison v. Faughn

District Court, E.D. Arkansas · Jul 27, 2022

On March 24, 2021, Defendants Faughn, Sanders, and Stacy filed notice of interlocutory appeal regarding qualified immunity. Doc. 107. … entitled to qualified immunity as to all individual capacity claims against them. Doc. 124 at 10-11.

KARK-TV v. Simon

280 Ark. 228 · Supreme Court of Arkansas · Sep 12, 1983

Carolyn Long, a reporter for KARKTV, happened to be in another business establishment two doors down. … But the privilege granted in § 611 is qualified and will be lost if abused by failure to give an accurate and fair report under § 611 (f).

Opinion No.

Arkansas Attorney General Reports · Jul 16, 2008

As phrased, your question appears to assume that what you describe as "cabins, cottages, bed and breakfasts, camp grounds or any other lodging facilities" would not qualify as "hotels, motels or short-term condominium rental … If this assumption were correct, the answer to your question would clearly be "no," given that the statute expressly lists only "hotels, motels or short-term condominium rental accommodations" as lodgings subject to what

Kaiser v. Price-Fewell, Inc.

235 Ark. 295 · Supreme Court of Arkansas · Jun 4, 1962

The Union shall maintain a register of applicants for employment established on the basis of the groups listed below. … Each applicant for employment shall be registered in the highest priority group for which he qualifies.

Arkansas State Highway Commission v. Scott

264 Ark. 397 · Supreme Court of Arkansas · Oct 16, 1978

Mahan, 249 Ark. 1022 , 463 S.W. 2d 98 , as the witness “had not qualified as an engineer, architect or builder.” … Moreover, it is well established that a motion to strike all of a witness’s testimony is correctly denied if part of the testimony is admissible. Urban Renewal Agency of Harrison v.

William Hoover v. State of Arkansas

2026 Ark. App. 67 · Court of Appeals of Arkansas · Feb 4, 2026

understanding and did not move to dismiss or otherwise challenge the amended information. 3  The State began its case-in-chief with testimony from Trooper Earls, who established … The State moved to qualify Williams as an expert in forensic chemistry and narcotics analysis, which the circuit court granted.

Ozark Gas Transmission System ex rel. Ozark Gas Pipeline Corp. v. McCormick

10 Ark. App. 210 · Court of Appeals of Arkansas · Jan 4, 1984

Once the landowner or his qualified expert witness has expressed his opinion as to fair market values, the burden shifts to the condemnor to establish by cross -examination that the landowner or expert witness has no logical … However, the fact that appellees still had limited use of appellant’s strip and full use of the 14 acres beyond the strip was clearly made to the jury by appellant’s counsel.

Zalazar-Franco v. Karas

District Court, W.D. Arkansas · Dec 20, 2017

Plaintiff did, however, clearly state for Claim One that he was given over ten times’ the amount of insulin he was supposed to receive “by the nurse of this facility.” /d. at 4. … immunity may be raised as a defense.

Hooker v. Parkin

235 Ark. 218 · Supreme Court of Arkansas · May 28, 1962

We construe this provision to mean that the Legislature has the sole authority to establish the maximum remuneration to be received by any State employee and to establish the maximum number of such employees. … Clearly, the people of Arkansas spoke out through this amendment against deficit financing in State affairs, and in effect established public policy of the State Government, against such spending.

Wilson v. Wilson

294 Ark. 194 · Supreme Court of Arkansas · Dec 21, 1987

Rawleigh Ralls, president of Educational Research Associates, Inc., was qualified as an expert regarding economics, finance and statistics. … Thus, whether goodwill is marital property is a fact question and a party, to establish goodwill as marital property and divisible as such, must produce evidence establishing the salability or marketability of that goodwill

Russell v. Adams

District Court, W.D. Arkansas · Jul 10, 2024

Personal capacity claims “are those which allege personal liability for individual actions by officials in the course of their duties; these claims do not require proof of any policy and qualified immunity may be raised … The Court specifically advised Plaintiff, in its January 30, 2024 Order, he must respond to Defendants’ Motion with evidence establishing a genuine issue of material fact pursuant to Federal Rule 56(e).