Case law

Opinion No.

Arkansas Attorney General Reports · Nov 21, 2005

However, no ordinance levying any tax authorized by this subchapter shall be valid until adopted at a special or general election by qualified electors of the city or in the county where the tax is to be imposed, as the case … 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

Carlos McFerrin v. State of Arkansas

638 S.W.3d 4 · Supreme Court of Arkansas · Feb 10, 2022

McFerrin fails to establish a ground for coram nobis relief. … McFerrin’s argument is—at best—misplaced, and he fails to establish he would be entitled to coram nobis relief.

Archer-Daniels-Midland Co. v. Beadles Enterprises, Inc.

92 Ark. App. 462 · Court of Appeals of Arkansas · Oct 12, 2005

parties, which itself was based on double-hearsay (Wayne Sr.’s statements regarding Wayne Jr.’s hearsay statements about the IBP call) hardly constitutes the type of necessary reliability or trustworthiness required to qualify … Clearly, these documents do not prove what IBP knew, when it knew it, or why it rejected the shipment of hogs.

Joy Wadley, Administratrix of the Estate of Farris Eugene Parliment v. Bobby Hatton and Wanda Hatton

689 S.W.3d 691 · Court of Appeals of Arkansas · May 8, 2024

The trial court also established the priority of the liens. … The September 7 deficiency judgment qualifies as a judgment.

ENTERGY ARKANSAS, INC., AND ENTERGY OPERATIONS, INC. v. SUSAN ALLEN, INDIVIDUALLY AND AS ADMINISTRATRIX of the ESTATE OF WADE WALTERS

2021 Ark. App. 71 · Court of Appeals of Arkansas · Feb 17, 2021

The circuit courts also alternatively ruled that “Entergy waived work product immunity and 9 attorney-client privilege when it distributed the conclusions of the first root … Again, we disagree. 18  Whether the circuit court’s discovery order qualifies as a final judgment for purposes of collateral estoppel appears to be a matter of first

Bishop v. Williams

221 Ark. 617 · Supreme Court of Arkansas · Feb 23, 1953

By this recital, the appellees say, "the grantor has clearly shown his intention * * * to convey a life estate in the lands." … Illustrative cases included those in which the grantor, after having conveyed to A for life with remainder to his heirs, attempts to qualify his action by stating his intention to create a life estate only in the first taker

Henry v. Franks

District Court, E.D. Arkansas · Mar 27, 2024

A 6 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 … , was that right clearly established at the time of the defendant’s alleged misconduct.

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2002

If I have properly interpreted your question, the county in this instance is contemplating conveying county property to a non-profit corporation, which by virtue of the conveyance will qualify to receive grant funds that … Cities and counties clearly can enter into contracts that are supported by valid consideration. See Ops. Att'y Gen. No. 98-025 and 97-250; A.C.A. § 14-54-101 (2); City of Ft. Smith v.

Clark v. State

358 Ark. 469 · Supreme Court of Arkansas · Sep 23, 2004

Moreover, we will not reverse a circuit court’s factual determination on a motion for .new trial unless it is clearly erroneous, and the issue of witness credibility is for the circuit judge to weigh and assess. Id. … First, we do not believe that Simmons’s statement qualifies as a “third-party confession” because Simmons is not a third party to the crime.

Newhouse Mill & Lumber Co. v. Keller

103 Ark. 538 · Supreme Court of Arkansas · Apr 15, 1912

Such motions are addressed to the discretion of the trial court; and unless they have clearly abused such discretion in refusing to grant a continuance, this court will not reverse the ruling. Taylor v. … The adverb solely qualifies the verb determined.

Woodward v. State

16 Ark. App. 18 · Court of Appeals of Arkansas · Sep 25, 1985

This distinction is most clearly demonstrated in United States v. Traylor, 656 F.2d 1326 (1981). … The first would have told the jury that the testimony of an informer who provides evidence for immunity from punishment must be examined with greater care than that of the other witnesses.

Sulcer v. Northwestern National Ins.

263 Ark. 583 · Supreme Court of Arkansas · Jun 5, 1978

We clearly recognized rather recently this distinction in homestead rights under §§ 3 and 6 of Art. 9 in Monroe v. … When established according to statutory requirements, it is commonly made exempt from forced sale, and the family is often given special rights in it.

Billy K. Roberts, Kelly L. Roberts, Holiday Island Dev. Corp. v. Holiday Island Suburban Improvement Dist. 1

559 S.W.3d 269 · Court of Appeals of Arkansas · Sep 5, 2018

Are HISID's additional requirements to qualify as a nominee for commissioner or to vote invalid? These issues relate to the process involved in the nomination and election of successor commissioners. … state or federal, in the acquisition, construction, maintenance, operation, and financing of any of the facilities, works, or operations authorized by this subchapter or as to the performance of any of its functions; (3) Establish

Garis v. Massey

270 Ark. 646 · Court of Appeals of Arkansas · Oct 8, 1980

In the Federal Rule the words “If elicited from him or established by public record during cross-examination” appear between ‘admitted’ and ‘but’. … We cannot say the Chancellor’s finding was clearly against the preponderance of the evidence. Newberry v. McClaren, 262 Ark. 735 , 575 S.W. 2d 438 (1978). We therefore affirm.

Arkansas Day Care Ass'n, Inc. v. Clinton

577 F. Supp. 388 · District Court, E.D. Arkansas · Nov 22, 1983

The State has an obvious interest in inspection by qualified personnel. … Larson is clearly a First Amendment case and the test used fits comfortably with the issues in this lawsuit.

Orsini v. State

340 Ark. 665 · Supreme Court of Arkansas · Mar 23, 2000

Clearly, however, this section of the FOIA sets a policy in favor of expeditious hearings on all FOIA requests. In the case of Furman v. … The remaining question then is whether Regulation 804 establishes an exemption for the documents requested.

Jackson v. RockTenn CP, LLC

157 F. Supp. 3d 828 · District Court, W.D. Arkansas · Jan 8, 2016

Jackson’s Showing of Pretext Even if the Court were to assume that the age difference between Jackson and her replacement was substantial,,and that Jackson set forth a prima facie case of age discrimination, RockTenn has clearly … met its burden of establishing a legitimate, nondiscriminatory reason for her firing: poor job performance.

In re Morris

340 B.R. 78 · United States Bankruptcy Court, W.D. Arkansas · Mar 13, 2006

The Arkansas Supreme Court has established three factors that are important in determining whether a claimant qualifies as head of household: “(1) the existence of an obligation upon the claimant to support others residing … And, the Debtor clearly is an Arkansas resident for purposes of this opinion.

Corder v. City of Sherwood

579 F. Supp. 1042 · District Court, E.D. Arkansas · Feb 22, 1984

. § 1983 , alleging that the refusal to grant the permits was in violation of the due process, equal protection, and privilege and immunity clauses of the Fourteenth Amendment to the United States Constitution. … It is enough that exercise of federal review of the question ... would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.

Smith v. Heather Manor Care Center, Inc.

2012 Ark. App. 584 · Court of Appeals of Arkansas · Oct 24, 2012

Based on all the circumstances before the circuit |12court at the Batson hearing, we cannot say that the court’s refusal to find a Batson violation was clearly erroneous or clearly against the preponderance of the evidence … Morton testified that the problem referred to was that some |14people were admitting their parents to nursing homes under the false assertion that the parents would qualify for Medicaid.