Case law

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2008

Accordingly, I believe these judges clearly retain the service credit that they accrued prior to the enactment of Act 663. … process for the study and consideration of establishing additional district courts in the future."

Kiser v. State

487 S.W.3d 374 · Court of Appeals of Arkansas · Apr 6, 2016

Clear and convincing evidence is that degree of proof that will produce in the trier of fact a firm conviction as to the allegation sought to be established. Z.T., supra. … Also in 1999, the legislature created EJJ, which allows juvenile courts to maintain jurisdiction over qualifying, more serious juvenile offenders until age twenty-one.

John Krieger v. State of Arkansas

655 S.W.3d 321 · Court of Appeals of Arkansas · Nov 9, 2022

Krieger also signed a release, which was signed by the polygraph examiner, wherein Krieger agreed to “voluntarily, without duress, coercion, promise, reward or immunity, submit to examination by the Voice Stress Analysis … On this record, we conclude that the trial court’s decision to admit the stipulated-to CVSA result was not clearly against the preponderance of the evidence.

Ark. St. Bd. of Elec. Comm'rs v. PCEC

2014 Ark. 215 · Supreme Court of Arkansas · May 14, 2014

The procedure established by the ASBEC for absentee voters is similar to that established by the General Assembly in Ark. Code Ann. § 7-5-321 (Supp. 2013), for in-person voters who fail to present proof of identity. … The General Assembly clearly knew how to provide a remedy to absentee voters.

Opinion No.

Arkansas Attorney General Reports · Oct 17, 2005

. § 19-12-117 (Supp. 2003), which establishes the Arkansas Tobacco Settlement Commission and details its membership. … In establishing the ATSC, Initiated Act 1 specified nine seats on the commission, including the heads of five departments of the State of Arkansas.

McDonald v. State

92 Ark. App. 1 · Court of Appeals of Arkansas · Jun 22, 2005

The trial court’s finding will not be set aside unless it is found to be clearly against the preponderance of the evidence. … In so doing, it clearly explained the factors upon which its decision was based: Although the principle that limits a search incident to a lawful custodial arrest may be stated clearly enough, courts have discovered the principle

Ark. Nat. Bank of Hot Springs v. Mayer

216 Ark. 255 · Supreme Court of Arkansas · Dec 12, 1949

This instruction clearly means that the estate is to be kept intact for the duration of the trust. … Together the two clauses establish a unified scheme, but it is a scheme that would be nullified if withdrawals from capital were permitted.

Rickett v. Hayes

256 Ark. 893 · Supreme Court of Arkansas · Jul 8, 1974

It is clearly established that the treatment of the patient is to be tested by the standards of the doctor’s own school. See Bockman v. Butler, 226 Ark. 159 , 288 S.W. 2d 597 . … In this he was supported by his expert witnesses, all of whom were oral surgeons, although some of them also qualified as plastic surgeons.

Crittenden v. Lytle

221 Ark. 302 · Supreme Court of Arkansas · Dec 8, 1952

Appellants base tbeir persuasive argument on the •well-established rule for the construction of wills as set forth in numerous texts and decisions, citing 57 Am. Jur., p. 726 , and Hoyle v. Baddour, 193 Ark. 233 , 98 S. … There are instances where words used in a will should not be construed according to their technical meaning, but only where explanatory words are used to qualify them or give them a different meaning.

Hoay v. State

75 Ark. App. 103 · Court of Appeals of Arkansas · Sep 26, 2001

probable cause, even if the supreme court later determines that the information did not establish the requisite probable cause to search. … However, it is my opinion that the acknowledged Fourth Amendment violation in Greene County cannot be immunized by merely passing it along to Clay County.

Greene County v. Clay County

135 Ark. 301 · Supreme Court of Arkansas · Jul 8, 1918

same to Clay County as a part thereof, the area being properly described by metes and bounds in the statute, which provided also that the township officers should continue in office until their successors were elected and qualified … NTTT of the constitution of 1874 providing that “no county now established shall be reduced to an area of less than six hundred square miles nor to less than five thousand inhabitants ; nor shall any new county be established

Arkansas Power & Light Co. v. Arkansas Communities, Inc. (In re Arkansas Communities, Inc.)

33 B.R. 800 · District Court, W.D. Arkansas · Aug 31, 1983

The decision in this case is based primarily on the testimony of two highly capable, qualified and outstanding surveyors in their field, Mr. William F. … The “clearly erroneous” rule is applicable to this case. Rule 53(e)(2) of the Federal Rules of Civil Procedure, 28 U.S.C., provides that the court shall accept the Master’s findings of fact “unless clearly erroneous.”

Taylor v. Governor

1 Ark. 21 · Supreme Court of Arkansas · Jan 15, 1837

The language of the constitution is as follows: “ The qualified voters of each county shall elect one Sheriff, one Coroner, one Treasurer, and one County Surveyor, for the term of two “years. … He is then clearly within the meaning of the constitution, and consequently ineligible to any office of profit or trust.

City of Batesville v. Grace

259 Ark. 493 · Supreme Court of Arkansas · Mar 15, 1976

This is contrary to Article 4 of our constitution which prohibits intrusion by the judiciary upon the legislative domain. *** “However, zoning regulations and ordinances are not immune to appellate review. … First, his opinion on June 10 clearly shows that he focused on the question of the arbitrariness of the mayor’s veto, instead of the action by the city —- the refusal to override the veto.

Lee v. State

532 S.W.3d 43 · Supreme Court of Arkansas · Nov 30, 2017

Prospective jurors who state that they can lay aside prior impressions or opinions and render a verdict based upon the evidence presented at trial, however, are qualified to serve as jurors. Wainwright v. … General assertions that counsel did not aggressively prepare for trial are not sufficient to establish a claim of ineffective assistance of counsel. Id. at 7.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2005

As established in McCutchen , it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified as … I believe the quoted term clearly refers only to residents of the municipal corporation.

Opinion No.

Arkansas Attorney General Reports · Dec 13, 1996

Thus, a persuasive argument could be made that the city council may establish the hours during which the city office must be open. … Assuming that the common law has not been altered, it is my opinion that the offices of alderman and recorder-treasurer in this instance are clearly incompatible due primarily to the power of the city council to remove an

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2006

(b) Incumbent city attorneys shall continue in office until their successors are elected and qualified. A.C.A. § 14-43-315 (Supp. 2005). … . § 14-43-313 clearly would allow a city council to designate the position of city attorney either as a full or part time position by ordaining the duties and compensation of the office, your question relates to whether this

Rose's Mobile Homes, Inc. v. Rex Financial Corp.

383 F. Supp. 937 · District Court, W.D. Arkansas · Nov 6, 1974

Clearly, the contract insofar as Rex is concerned has been executed. In Republic Power & Service Co. v. … No evidence even tends to establish such contention and, as above stated, it appears to the court that Rex is in nowise responsible for the default of said parties.

Pratt v. Cearly

District Court, W.D. Arkansas · Sep 14, 2023

Plaintiff filed the instant Complaint on July 22, 2022 in 1 Defendant Kyle Clearly is incorrectly identified in the Complaint as Deputy Cearly. … 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