Case law

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

Rodgers v. State

261 Ark. 293 · Supreme Court of Arkansas · Mar 14, 1977

The admissibility of such a report has been established by this Court in Nail v. State, 231 Ark. 70 , 328 S.W. 2d 836 (1959). In Downs v. … There is no contention by the appellant that the death penalty jury was improperly qualified under the guidelines established in Witherspoon v. Illinois, 391 U.S. 510 (1968).

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.

Dragan Vicentic, Licensee, D/B/A Green Springs Medical, LLC v. Arkansas Alcoholic Beverage Control Board

2026 Ark. App. 170 · Court of Appeals of Arkansas · Mar 11, 2026

The Board found a violation of Rule 15.1(b)(iii) (CAR § 810-1301(b)), which requires that medical marijuana containers be labeled in accordance with the standards established by the Arkansas Department of Health, a violation … This court will not overturn an administrative agency’s interpretation of its own regulation unless it is clearly wrong. Nash [v. Ark.

Blanscet v. Celebrezze

217 F. Supp. 859 · District Court, W.D. Arkansas · Jun 10, 1963

The legal standards applicable to a case of this nature have been clearly and concisely set forth in a recent decision of the Court of Appeals for the-Eighth Circuit, Celebrezze v. … It is not necessary that the plaintiff establish the complete absence of any opportunity for substantial gainful employment; he need only establish that he has become disabled from employment in any work or vocation in which

Dorobati

District Court, E.D. Arkansas · Jan 12, 2026

But it quite clearly does so by implication. See Pet. for Writ of Mandamus and Compl. for Injunctive Relief (Doc. 1) ¶¶ 24– 25 (“After the interview, [Mr. … Muñoz, 602 U.S. at 907–08 (“Congress may delegate to executive officials the discretionary authority to admit noncitizens ‘immune from judicial inquiry or interference.’ . . .

ULANDA DIGBY-BRANCH v. WESTSIDE CONSOLIDATED SCHOOL DISTRICT NO. 5 AND SCOTT J. GAUNTT, INDIVIDUALLY, AND IN HIS CAPACITY AS SUPERINTENDENT OF THE WESTSIDE CONSOLIDATED SCHOOL DISTRICt

2023 Ark. App. 164 · Court of Appeals of Arkansas · Mar 15, 2023

The fact that both parties have moved for summary judgment does not necessarily establish that there is no issue of fact. Id. … Digby-Branch had been employed with WCSD since 2015, qualifying her as a nonprobationary teacher.

Wetzel v. Regions Bank (In Re Reagan)

433 B.R. 263 · District Court, W.D. Arkansas · Apr 15, 2010

Reagan is entitled to the present and future income from the spendthrift trust established by the will of Mr. Reagan. … In Patterson , the Court held that the antialienation provision in a qualified ERISA plan was a restriction on transfer enforceable pursuant to section 541(c)(2) and therefore properly excluded from the bankruptcy estate.

Holt v. Payne

District Court, E.D. Arkansas · Feb 26, 2025

; and (2) the right was clearly established at the time of the deprivation.” … Holt’s RLUIPA claim, it is unnecessary to separately address Defendant Shipman’s assertion of qualified immunity.

Donald Martin v. Eric Higgins, as Sheriff of Pulaski County, Ar

682 S.W.3d 357 · Court of Appeals of Arkansas · Jan 10, 2024

Moreover, there is some question whether Martin’s requested arrest reports for Wardlaw are sufficiently investigatory in nature to qualify under the exemption. … It is well established that the circuit court’s written order supersedes any oral statements from the bench.

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2005

A subcontractor who was owed money argued that this exception did not apply to a secondary vacation home because, not qualifying as a domicile, it could not be a "residence" under the statute. … The context of A.C.A. § 14-20-108 is clearly volunteer fire departments, and the aim of the statute is clearly to assist in dues collection efforts.

Brandon v. Arkansas Public Service Commission

67 Ark. App. 140 · Court of Appeals of Arkansas · Jun 23, 1999

We reverse and remand on this issue with directions to the Commission to determine whether appellants’ action meets all of the prerequisites and necessary criteria as may be established by the Commission to qualify as a maintainable … Whether appellants’ action qualifies for class certification is left to the broad discretion of the Commission.

Spradlin v. Arkansas Ethics Commission

314 Ark. 108 · Supreme Court of Arkansas · Jul 19, 1993

Rogers, supra , which is clearly distinguishable. In Martin v. … not clearly erroneous; and, accordingly, appellants' challenge to Mr.

McGrew v. Farm Bureau Mutual Insurance Co. of Arkansas, Inc.

371 Ark. 567 · Supreme Court of Arkansas · Nov 29, 2007

Farm Bureau filed a motion for summary judgment, arguing that coverage was clearly excluded under the policy. The Zulpos, however, contended that the policy provisions were ambiguous. … The exclusion of activities normally performed by minors from the definition of business was further qualified by the phrase “unless the activity is your full time occupation.”

Ligon v. Walker

297 S.W.3d 1 · Supreme Court of Arkansas · Mar 12, 2009

The special judge’s findings of fact are accepted by this court unless they are clearly erroneous. Dunklin, supra; Ligon v. Price, 360 Ark. 98 , 200 S.W.3d 417 (2004). … Therefore, even if, as Walker argues, a mental disorder could serve as a defense to a disbarment proceeding, Walker’s proof fell short of establishing such a defense.

Roberson v. Roberson

561 S.W.3d 737 · Court of Appeals of Arkansas · Sep 19, 2018

We conclude that this language leaves no doubt that Joe Sr. and Cleo intended to maximize the amount of their assets that would qualify for the estate-tax exemption, and it imposes a fiduciary obligation on their survivor … Conclusion The four corners of the Trust demonstrate that Joe Sr. and Cleo Roberson intended for their survivor to establish and fund an irrevocable CST when one of them died.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2008

who were legally qualified to vote in the contest instead voted in other constable contest(s). … For reasons described in some detail in response to your second question, the office of constable is clearly a township office.

Wilson v. Jenkins

District Court, W.D. Arkansas · Sep 6, 2022

against him in his individual capacity are barred by qualified immunity; (3) Wilson failed to state a claim for injunctive relief because no action alleged amounts to a constitutional violation; and (4) Wilson’s Complaint … Claims against the State of Arkansas are barred by Eleventh Amendment immunity. See Campbell v.

Union Pacific Railroad v. Vickers

308 S.W.3d 573 · Supreme Court of Arkansas · May 7, 2009

The named plaintiff, Williamson, argued that there were issues in common for each sales person, such as the fact that they all qualified for the bonus program, they were all Sanofi-Winthrop employees, and none of them received … Clearly, there is “no one set of operative facts,” see Baker v. Wyeth-Ayerst, 338 Ark. at 247 , 992 S.W.2d at 800 , that establishes Union Pacific’s liability to any given class member.

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2002

Section 16-17-602 of the Code (Repl. 1999) authorizes the establishment of small claims divisions of municipal courts, which, upon the adoption in 2000 of Ark. amend. 80, § 7 have been redesignated "district courts." … An individual not licensed as an attorney is clearly precluded from pursuing such an action on behalf of another. Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve.