Case law

State v. Ashley

347 Ark. 523 · Supreme Court of Arkansas · Feb 7, 2002

The State argues in its brief to this Court that “[t]he circuit court clearly misapplied the law in finding that the portion of the nightclub where the lap dances were being performed was not a ‘public place’. . .” … —Crim. 3(c), then we might as well remove the rule from our Rules of Appellate Criminal Procedure because no State appeal will qualify.

Opinion No.

Arkansas Attorney General Reports · May 29, 2003

That protection is stated in A.C.A. § 6-17-107 (b), as follows: (b) Teachers, school counselors, school health care providers, and other school personnel shall be immune from any civil liability for providing counseling, … Thus, the law clearly authorizes public school counselors and other public school personnel to render a broad range of services that could be construed as "mental health services and treatment" to minors in a wide variety

Ford v. State

334 Ark. 385 · Supreme Court of Arkansas · Oct 1, 1998

A trial court’s rulings on the admissibility of evidence are not overturned absent a showing that the trial court has clearly abused its discretion. Parker v. State, 333 Ark. 137 , 968 S.W.2d 592 (1998); Webb v. … Graham’s mother and his grandmother were qualified to express an opinion about his then-current mental condition; thus, we held that it was error to refuse their testimony. Mr.

Kevin Jolliff v. Jessica Wilson

636 S.W.3d 390 · Court of Appeals of Arkansas · Nov 3, 2021

THE COURT: As far as most four-year-olds are not going to qualify as witnesses anyway. … Our standard of review following a bench trial is whether the circuit court’s findings are clearly erroneous or clearly against the preponderance of the evidence. 2 A finding is clearly erroneous when, although there is

Paul Anthony Beene v. State of Arkansas

2019 Ark. App. 493 · Court of Appeals of Arkansas · Oct 30, 2019

We have held that “value may be sufficiently established by circumstances that clearly show a value in excess of the statutory requirement.” Moore, 2013 Ark. … An owner of a chattel, although not an expert on the subject, is qualified by virtue of being the owner to give an opinion as to its value. See McCorkle v. Valley Forge Ins. Co., 11 Ark.

Opinion No.

Arkansas Attorney General Reports · Sep 11, 2000

In Act 169 of 1931 , § 152, the legislature declared that all children who could establish indigency must be supplied with textbooks. … However certain charges for certain types of supplies are clearly permissible.

Gu Yue v. David Lonon

698 S.W.3d 378 · Court of Appeals of Arkansas · Sep 4, 2024

Yue stated that she and her husband filed a joint income-tax return and “qualified to receive a joint refund of $5177,” which was deposited into a bank account that was her husband’s separate property. … (D) Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family

Dalton v. Allen Engineering Co.

66 Ark. App. 201 · Court of Appeals of Arkansas · May 5, 1999

I have not changed my opinion other than to qualify it by saying that I don’t know what the situation is currently so I don’t know whether he needs it or not. Darvocet is a narcotic pain medication. … Dalton clearly established the need for further medication, and there was no evidence to the contrary.

Page v. McCuen

318 Ark. 342 · Supreme Court of Arkansas · Oct 20, 1994

BY A QUALIFIED, BONDED CASINO GAMING LICENSEE WHO CAN DEMONSTRATE OWNERSHIP OF THE DESIGNATED LAND." … We should follow our established rules. C.

PROGRESSIVE ELDERCARE SERVICES-DREW, INC., D/B/A BELLE VIEW REHABILITATION AND CARE CENTER; Progressive Eldercare Services, Inc.; Advanced Practice Solutions, LLC; Procare Therapy Services, LLC; Southern Administrative Services, LLC; Ponthie Holdings, LLC; Professional Nursing Solutions, LLC; CarePlus Staffing Services, LLC; Ross Ponthie; John Ponthie; And Marlene Hensley, in Her Capacity as Administrator of Belle View Estates Rehabilitation and Care Center v. ANGELA EVERETT, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF LAVARN TURNER, AND ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF LAVARN TURNER

635 S.W.3d 502 · Court of Appeals of Arkansas · Sep 22, 2021

[T]his Court requires a more clearly worded and unequivocally stated document [] before it can find that [PES has] met [its] burden of proof. … The FAA establishes a national policy favoring arbitration when the parties contract for that mode of dispute resolution. Phillips, 2019 Ark. 305, at 4, 586 S.W.3d at 629.

Stone v. Washington Regional Medical Center

490 S.W.3d 669 · Court of Appeals of Arkansas · Apr 27, 2016

Such a release has the effect of turning the determinable or qualified fee into a fee simple absolute.”); Long v. Long, 343 N.E.2d 100 (Ohio 1976); Wash. State Grange v. Brandt, 148 P.3d 1069 (Wash. App. 2006); W.A. … The 7 This new condition clearly presupposes or anticipates a future sale of the FCH property with the proceeds therefrom held in trust for the establishment and maintenance of a hospital at a different

Caldwell

District Court, W.D. Arkansas · Oct 24, 2025

be granted; and (3) they are entitled to qualified immunity for claims brought against them in their individual capacities. … capacities for money damages; (2) Plaintiff has failed to assert a plausible claim for relief against the ADC Defendants; and (3) the ADC Defendants are entitled to qualified immunity for the claims brought against them

Jones v. United Savings & Loan Ass'n (In Re U.S.A. Inns of Eureka Springs, Arkansas, Inc.)

151 B.R. 492 · District Court, W.D. Arkansas · Feb 12, 1993

On June 10, 1989, a qualified appraiser retained by United had appraised the fair market value of the collateral at $2,620,000.00. … The Sixth Circuit panel found that “Congress clearly intended to establish separate, discrete, and independent requirements which a creditor would have to fulfill to prevent avoidance ... and to hold otherwise would not only

Hotels.com, L.P. v. Pine Bluff Advertising & Promotion Comission

430 S.W.3d 56 · Supreme Court of Arkansas · Oct 10, 2013

P. 23 as the failure to do so rendered the Class Representatives unable to establish the class-action requirements. … To that end, when a plaintiff prays for relief that is clearly not available at the administrative level, exhaustion of other available administrative remedies is not required. See id.

Engler

District Court, W.D. Arkansas · May 20, 2026

Thus, the Court cannot begin to analyze whether such housing qualifies as a “dwelling” under the FHA. … Jan. 6, 2026), courts around the country disagree about whether homeless shelters qualify as “dwellings” under the FHA.

Ward v. Union Life Insurance

9 Ark. App. 131 · Court of Appeals of Arkansas · Jul 6, 1983

The evidence which the trial court erroneously allowed was offered by appellee in its attempt to meet its burden of proof in establishing the good faith defense. … Appellee in part relied upon this objectionable testimony and evidence to establish a causal connection between appellants’ alleged misrepresentations and their eventual claims.

Ward v. State

298 Ark. 448 · Supreme Court of Arkansas · Apr 24, 1989

Accordingly, the jury was death qualified. … The trustworthiness of the proffered testimony was clearly established by the extremely incriminating character of these statements.

Ricky Lewis Neal v. State of Arkansas

682 S.W.3d 672 · Supreme Court of Arkansas · Feb 15, 2024

Neal claimed once more that he was not qualified to represent himself but that he needed an attorney’s help with his case. … This man is trying to kill me[,]” was clearly admissible under Rule 803(3) of the Arkansas Rules of Evidence.

Spencer v. State

348 Ark. 230 · Supreme Court of Arkansas · Apr 18, 2002

Clearly, the evidence of Spencer’s guilt was so overwhelming as to render harmless any error that may have been committed by allowing the introduction of Brown’s testimony. … Persons comprising the venire are presumed to be unbiased and qualified to serve, and the burden is on the party challenging a juror to prove actual bias. Taylor v. State, 334 Ark. 339 , 974 S.W.2d 454 (1998).

Davis v. Daniel

District Court, W.D. Arkansas · Apr 4, 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).