Case law

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).

Sanford v. State

331 Ark. 334 · Supreme Court of Arkansas · Feb 5, 1998

Moreover, the State established that Sanford had been adjudicated a delinquent on two prior occasions. … Donald’s responses did not prevent her from being death qualified, but did indicate her propensity towards rendering a life sentence instead of the death penalty.

Trinity Industries, Inc. v. Reich

901 F. Supp. 282 · District Court, E.D. Arkansas · Jul 20, 1993

The Regulations promulgated by the Secretary ( 41 C.F.R. §§ 60 -250—60-250.53) set forth the affirmative action obligations of contractors and establish enforcement procedures. … Further, exhaustion is not required when the nonjudicial remedy is clearly shown to be inadequate to prevent irreparable injury. Mattel, 945 F.2d at 545 .

Bendinger v. Marshalltown Trowell Co.

338 Ark. 410 · Supreme Court of Arkansas · Jul 15, 1999

The ad, placed by Kraft Tool Company of Kansas, sought an individual highly qualified in the manufacturing of hand tools. … Thus, it has become equally well-established that reasonable post-employment restrictive covenants are not in restraint of trade. Roger M.

Dunaway v. GARLAND CTY. FAIR AND LIVESTOCK SHOW ASSOCIATION, INC.

97 Ark. App. 181 · Court of Appeals of Arkansas · Dec 20, 2006

The bylaws establish a three-tier membership regime. … In bench trials, the standard of review on appeal is not whether there is any substantial evidence to support the finding of the court, but whether the judge’s findings were clearly erroneous or clearly against the preponderance

Aven v. Wilson

61 Ark. 287 · Supreme Court of Arkansas · Nov 23, 1895

Hinton, his successor, qualified, and entered upon the discharge of the duties of the office. … These omissions clearly show that the statutes relied on were never intended to prescribe the only proceeding that shall be followed in contests for elections, but left other statutes consistent with them, and appropriate

Opinion No.

Arkansas Attorney General Reports · Mar 11, 2002

Woodard, 203 Ark. 254 , 156 S.W.2d 243 [1941], is clearly controlling. Quoting from Wood v. … Revis II was not a case in which the officer was qualified upon entry but lost his qualification later. In Starnes v.

Bushmiaer v. United States

131 F. Supp. 589 · District Court, W.D. Arkansas · May 27, 1955

“Because the estate was clearly not in a position to pay the proposed tax liability, the personal representatives were threatened constantly with the probability of jeopardy assessment of the asserted tax and the immediate … By the enactment of Section 7422 of the Internal Revenue Code of 1954, 26 U.S.C.A. and its predecessors, the United States waived its sovereign immunity from suit.

McArty v. Faust

District Court, W.D. Arkansas · Jul 10, 2019

Defendants also argue that they are entitled to qualified immunity. A. … clearly established at the time of the alleged misconduct.’”

Ewings v. State

85 Ark. App. 411 · Court of Appeals of Arkansas · Mar 24, 2004

In order to prove constructive possession, the State must establish beyond a reasonable doubt 1) that the defendant exercised care, control, and management over the contraband, and 2) that he knew that the matter possessed … the jury shall again retire and determine a sentence within the statutory range. (4) The court, in its discretion, may also„ instruct the jury that counsel may argue as to alternative sentences for which the defendant may qualify

Ark. La. Gas Company v. Wood

240 Ark. 948 · Supreme Court of Arkansas · May 23, 1966

For reversal appellant contends that the trial court erred in failing to direct a verdict for defendant because appellee wholly failed to establish that appellant used more of the property than was reasonably necessary and … Commenting on this provision the Oklahoma court stated: ‘ ‘ Clearly this does not mean that lessee was entitled to use water from the private pond or tank of the lessor, hut means water produced hy lessee hy drilling wells

Bean v. Humphrey

223 Ark. 118 · Supreme Court of Arkansas · Feb 15, 1954

But there is a distinction between a public office and a public employment which is not always clearly marked by judicial expression and is frequently shadowy and difficult to trace. … He was a nonresident when appointed, and at the time could not even qualify as an officer.

Heptinstall v. Asplundh Tree Expert Co.

84 Ark. App. 215 · Court of Appeals of Arkansas · Dec 10, 2003

Therefore, appellant was not required to prove that his staph infection qualified as an occupational disease. … Clearly, appellant did not object to the injury being considered as an occupational disease.

Klingensmith v. Cruz

District Court, W.D. Arkansas · Mar 16, 2022

Klingensmith had met his burden, the Court agrees with the Magistrate Judge that Deputy Cruz is deserving of qualified immunity for the second attack. … Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986).

Chappell v. Helder

696 F. Supp. 2d 1021 · District Court, W.D. Arkansas · Mar 1, 2010

The establishment clause clearly applies to state action. Everson v. Board of Education, 330 U.S. 1 , 67 S.Ct. 504 , 91 L.Ed. 711 (1947). … The evidence at hearing was definitive that the process to determine if a book qualifies for the “religious text” restriction is quite uncertain.

McCuen v. Harris

321 Ark. 458 · Supreme Court of Arkansas · Jul 17, 1995

The chancery court clearly had no power to invoke its jurisdiction in such election matters or political rights issues. … Section 16-123-103(a) provides that a governmental entity or person who, under color of law, deprives any person of rights, privileges and immunities secured by the Arkansas Constitution, shall be liable “in an action of

Wallace

District Court, E.D. Arkansas · Aug 28, 2026

Wallace objects to the Recommendation’s determination that defendant Xavier Sutton is entitled to qualified immunity (Dkt. No. 66). … First, regardless of whether Sutton worked previously or regularly in the barracks at issue, Wallace has failed to come forward with record evidence to establish that Sutton knew or should have known of any information

Griffen v. Arkansas Judicial Discipline & Disability Commission

266 F. Supp. 2d 898 · District Court, E.D. Arkansas · May 29, 2003

The Judicial Discipline and Disability Commission was established “[u]nder the judicial power of the State” of Arkansas. See Ark. Const., Amend. 66(a). … This clearly serves an adjudicatory function.

In Re Estate of Rickey Joe Short

2025 Ark. App. 503 · Court of Appeals of Arkansas · Oct 29, 2025

The court further found that the decedent chose to nominate Post, who was highly qualified, to the positions of executor and trustee and that those roles did not have conflicting interests. … We hold that the circuit court was not clearly erroneous in failing to find a gift causa mortis.