Case law

Farmers' Nat. Bank v. Jones

105 F. 459 · U.S. Circuit Court for the District of Eastern Arkansas · Dec 29, 1900

“It is a well-established principle of jurisprudence in all civilized nations that the sovereign cannot be sued in its own courts or any other without its consent and permission; but it may, if it thinks proper, waive this … Some of the states of the Union, including Arkansas, have at times claimed no immunity from suit, but made provision for submitting themselves to the jurisdiction of courts at the suit of any one who choose to sue them.

Opinion No.

Arkansas Attorney General Reports · Mar 25, 2010

It is well-established, however, that the Arkansas Constitution is not a grant of power, but rather a limitation thereon. Black v. Cockrill , 239 Ark. 367 , 389 S.W.2d 881 (1965). … However, as explained above, this conclusion does not clearly follow from the proposed text of your measure.

Timmons v. Arkansas Department of Human Services

2010 Ark. App. 419 · Court of Appeals of Arkansas · May 12, 2010

A separate provision of the ICWA prohibits termination of parental rights to an Indian child “in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses … By order of October 10, 2008, Timmons’s child was adjudicated dependent-neglected as a result of environmental neglect and her mother’s abuse of drugs, and the goal of reunification was established.

Morgan v. Hinely

District Court, W.D. Arkansas · Jul 21, 2022

Qualified Immunity As noted above, the contract medical service providers are not entitled to qualified immunity. Davis, 11 F.4th at 617. … Qualified Immunity Having found that the facts do not make out a constitutional violation, the County Defendants are entitled to qualified immunity.

Swan v. Ozark Road Improvement District

169 Ark. 987 · Supreme Court of Arkansas · Nov 30, 1925

The commissioners, after qualifying in the manner required by the act of 1925, caused plans to be prepared for hard surfacing the laterals, and advertised an offering of additional bonds of the district for sale in the sum … , we think', that it wtas always the intention of the commissioners of the district to put gravel on the laterals, and that the betterments were assessed on the assumption that this would be done; but the testimony also establishes

United States v. 1,096.84 Acres in Marion County

99 F. Supp. 544 · District Court, W.D. Arkansas · Aug 31, 1951

The said lands have been selected by me for acquisition by the United states for use in connection with the establishment of the Bull Shoals dam and reservoir and for such other uses as may be authorized by Congress or by … The power of the Government to condemn private property for public use is *547 conceded by all parties, as, indeed, it must be, but the extent to which the courts may review the exercise of that power is not so clearly defined

Opinion No.

Arkansas Attorney General Reports · Sep 11, 1995

accrued five or more years of credited service at the time of termination of employment, will the employee be eligible for retirement benefits under APERS after the effective date of Act 1356 of 1995, even though he also qualifies … Despite the fact that these sections purport to address "entitlement to benefits," they clearly do not describe the class of persons who may actually collect benefits currently, because they describe a class of persons much

New Prospect Drilling Co. v. First Commercial Trust, N.A.

332 Ark. 466 · Supreme Court of Arkansas · Apr 9, 1998

Objections to that testimony were sustained on the basis that Deputy Sorey had not been qualified as an expert. … Prior to that time, however, Deputy Sorey had established that he had processed the scene; taken measurements; determined the vehicles’ positions in the road; detected the skid marks; and searched for gouge marks, finding

Mohammed v. Maverick Transportation

2025 Ark. App. 251 · Court of Appeals of Arkansas · Apr 23, 2025

Arkansas Code Annotated section 11-9-527(c) outlines who qualifies for survivor benefits as the family of a worker who dies in the course and scope of his employment. … “Actual dependency” does not require a finding of total dependency; it may be established by showing either actual dependency or a reasonable expectancy of future support, even if no actual support has been provided.

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2008

Given your position as a public school teacher, it seems clear that the requested documents qualify as "public records" under this definition. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Capitol Life & Accident Insurance v. Phelps

76 Ark. App. 428 · Court of Appeals of Arkansas · Feb 13, 2002

The chancellor found that appellant’s proof on this point was not convincing, and we cannot say that such a finding was clearly erroneous. … Facts established by the testimony of an interested witness, or one whose testimony might be biased, cannot be considered as undisputed or uncontradicted.

REPUBLICAN PARTY OF GARLAND CTY. v. Johnson

358 Ark. 443 · Supreme Court of Arkansas · Sep 23, 2004

This election case arises out ice. attempts by appellant Linda Boyd to qualify as a candidate for Garland County Clerk in the Republican preferential primary held earlier this year. … This court will not reverse a trial court’s factual findings unless they are clearly erroneous. See Carter v. Four Seasons Funding Corp., 351 Ark. 637 , 97 S.W.3d 387 (2003); Con-Agra, Inc. v.

Angela Davidson v. Marlon Haynes

2026 Ark. App. 330 · Court of Appeals of Arkansas · May 20, 2026

A finding is clearly erroneous when, despite evidence to support it, the reviewing court is left with the firm conviction that a mistake has been committed. Id. … Nor did the testimony that Marlon saw MC seven times between 2019 and 2020 establish when those visits occurred or whether Angela otherwise proved a qualifying one year of significant failure to communicate.

Jimenez v. State

83 Ark. App. 377 · Court of Appeals of Arkansas · Nov 12, 2003

As the testimony recited above clearly indicates, appellant was quite aware that she was plotting a murder, and repeatedly told Steve that she wanted him to kill both police officers. … On this record, we think appellant has failed either to establish any violation of Brady or to demonstrate that any prejudice ensued.

Western Coal & Mining Co. v. Jones

75 Ark. 76 · Supreme Court of Arkansas · Apr 15, 1905

To determine whether a change of venue should be granted merely upon statements from the jurors that they have no prejudice against the defendant is equivalent to holding that if a qualified jury can be selected from the … In other words, the negligence of the company is established under proper instructions on this issue.

Sanford v. Robinson

District Court, W.D. Arkansas · Apr 12, 2024

False Imprisonment/False Arrest Claim An officer is entitled to “qualified immunity for a warrantless arrest if the arrest was supported by at least ‘arguable probable cause.’” … 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.

Wallis v. Sherry

District Court, W.D. Arkansas · Mar 20, 2018

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." … entitled to qualified immunity).

Reichard v. Arkansas Department of Human Services

2011 Ark. App. 762 · Court of Appeals of Arkansas · Dec 7, 2011

The trial judge admitted the exhibit but noted that it did not establish that Reichard had been accepted or qualified. … In resolving the clearly erroneous question, we give due regard to the opportunity of the trial court to judge the credibility of witnesses. Id.

Wal-Mart Stores, Inc. v. Tucker

353 Ark. 730 · Supreme Court of Arkansas · Jun 19, 2003

When a defendant makes an argument that the verdict is clearly against the preponderance of the evidence because the evidence is insufficient to establish one element of a prima facie case to support the cause of action, … In fact, if the expert' testimony established anything, it established that the mis-fill was not the proximate cause of his death.

Nowlin v. Sylvester

District Court, W.D. Arkansas · Jun 23, 2023

Nowlin contends he needs transcripts and other documents to file (presumably a habeas petition) in federal court to establish his actual innocence. (ECF No. 12 at 4). … Univ. of Ark., 889 F.3d 471, 473 (8th Cir. 2018)(Eleventh Amendment establishes that “an unconsenting State is immune from suits brought in federal courts by her own 2 In certain circumstances, the state must provide