Case law

Campbell

District Court, E.D. Arkansas · May 14, 2026

The Court determines that the Campbells have not established a violation of an Arkansas statute, and the argument simply amounts to a disagreement with Judge Taylor’s decisions in Dave Campbell’s criminal case. … Here, prosecutors Smith and Plumlee clearly acted in their capacity as prosecuting attorneys in deciding to file charges against and prosecuting Dave Campbell.

Arkansas Department of Human Services v. Amberley Stephens, Amanda Mitchell, and Juniel Montelara

675 S.W.3d 464 · Court of Appeals of Arkansas · Sep 27, 2023

Accordingly, DHS argues, the circuit court’s order is clearly erroneous and should be reversed. … Arkansas Code Annotated section 9-27-303(17)(A) mandates that a finding of dependency-neglect of a sibling can establish that another sibling is at substantial risk of serious harm.

Opinion No.

Arkansas Attorney General Reports · Oct 29, 1998

I cannot conclude that a uniform dress requirement clearly conflicts with the Arkansas Constitution's guarantee of "free public schools." … If the committee recommends the adoption of such a code, the board may refer the issue to a vote of the qualified electors of the district. A.C.A. § 6-18-102 (b)(2).

MacKintrush v. State

334 Ark. 390 · Supreme Court of Arkansas · Oct 1, 1998

We are not convinced that this finding of fact was clearly erroneous so as to warrant reversal. III. … From the facts before us, it does not appear that MacKintrush ever established a legal right which the court would be required to enforce.

Arkansas Department of Correction v. Jennings

526 S.W.3d 924 · Court of Appeals of Arkansas · Sep 13, 2017

As discussed above, Torrey established a four-prong test for awarding such benefits. … Such work clearly existed within the scope of Jennings’s employment.

Brown

District Court, E.D. Arkansas · Jan 22, 2026

Snyder also asserts qualified immunity. … Andrews, 972 F.3d 1007, 1012 (8th Cir. 2020) (no clearly established right to be free from non-toxic mold), and Wishon v.

Silver Springs Property Owners' Recreational Improvement District No. 30 of Haskell, Arkansas v. Jeff Arey, Saline County Judge; Bob Ramsey, Saline County Assessor; Joy Ballard, Saline County Collector; Saline County Quorum Court; Saline County Board of Equalization; And Saline County, Arkansas

2019 Ark. App. 520 · Court of Appeals of Arkansas · Nov 6, 2019

On appeal, we review such cases de novo and will not reverse absent a finding that the circuit court’s finding was clearly erroneous. Id. … Moreover, no one disagrees that recreational-use facilities can qualify for tax-exempt status.

Chism v. Chism

551 S.W.3d 394 · Court of Appeals of Arkansas · May 16, 2018

The court also entered a qualified domestic relations order to effectuate the division of Evelyn's retirement benefits. We dismissed the appeal from those orders on June 8, 2016, for lack of a final order. … We cannot, therefore, say that the circuit court's ruling awarding judgment against Greg for the vehicle loan is clearly erroneous. III.

Slater v. State

533 S.W.3d 84 · Court of Appeals of Arkansas · Oct 4, 2017

We do not reverse the denial of postconviction relief unless the circuit court’s findings are clearly erroneous. Conley v. State, 2014 Ark. 172, 433 S.W.3d 234. … App. 499 qualified as one] regarding the chemical make-up and effects of the drugs[.]” He asserted that he was prejudiced and, as a result, denied a fair trial.

McCarthy v. Calvary Baptist Ministries, Inc.

District Court, W.D. Arkansas · Aug 27, 2025

Charitable immunity provides immunity not only from liability but from suit. Id. (citation omitted). … ’s charitable status, such facts “may be presented to a jury,” after which the court will determine whether those facts establish charitable immunity.

Nelson v. Timberline International, Inc.

332 Ark. 165 · Supreme Court of Arkansas · Mar 5, 1998

In order to clarify the provisions of the Arkansas workers’ compensation law and to provide improved benefits for persons qualifying under the Act, the Arkansas General Assembly passed Act 290 of 1981, which significantly … We recently explained the legislative intent in the establishment of the Second Injury Trust Fund law as follows: It is clearly expressed in section 11-9-525 that the purpose of the Fund is to fully compensate an employee

City of Fort Smith, a Municipal Corporation v. Wade

2019 Ark. 222 · Supreme Court of Arkansas · Jun 20, 2019

Fort Smith has established a Civil Service Commission (CSC). … I agree with the majority that, based on the facts specific to this case, the emails exchanged here clearly do not establish a meeting for the purposes of the FOIA.

Golden v. State

341 Ark. 656 · Supreme Court of Arkansas · Jul 13, 2000

Supreme Court describes as “substantial,” but of which they also state that “that interest must be qualified by the recognition that juveniles, unlike adults, are always in some form of custody.” … recognizes that children are defenseless and that there is no greater moral obligation upon the General Assembly than to provide for the protection of our children and that our child welfare system needs to be strengthened by establishing

Graham v. Matheny

346 S.W.3d 273 · Supreme Court of Arkansas · Oct 8, 2009

Once a guardianship has been created, section 28-65-401 of the Arkansas Code establishes the process for terminating that guardianship. … Second, when a guardianship has been established for a child, and a termination is sought, the court must first focus on whether, under current facts, the guardianship is still necessary.

Campbell

District Court, E.D. Arkansas · May 14, 2026

The Court determines that the Campbells have not established a violation of an Arkansas statute, and the argument simply amounts to a disagreement with Judge Taylor’s decisions in Dave Campbell’s criminal case. … Here, prosecutors Smith and Plumlee clearly acted in their capacity as prosecuting attorneys in deciding to file charges against and prosecuting Dave Campbell.

Jones v. Flowers

373 Ark. 213 · Supreme Court of Arkansas · Apr 17, 2008

We have also affirmed for a different reason when the documentary evidence in the record clearly gave us a basis for doing so ( State of Washington v. … of immunity.

Mai Htoo v. Arkansas Department of Human Services and Minor Children

2026 Ark. App. 262 · Court of Appeals of Arkansas · Apr 29, 2026

Code Ann. § 9-35- 7 degree of proof that will produce in the fact-finder a firm conviction as to the allegation sought to be established. Mayer v. Ark. Dep’t of Hum. … Accordingly, the circuit court did not clearly err in finding that DHS proved the subsequent-factors ground.

Wilcox v. State

342 Ark. 388 · Supreme Court of Arkansas · Oct 18, 2000

The United States Supreme Court noted that “by using the precise terminology ‘lacking in establishing beyond a reasonable doubt,’ the highest court in Florida seems to have clearly said that there was insufficient evidence … [T]he Double Jeopardy Clause . . . should not exact the price of immunity for every defendant who persuades an appellate panel to overturn an error-free conviction and give him a second chance at acquittal.

Downum v. Downum

101 Ark. App. 243 · Court of Appeals of Arkansas · Feb 6, 2008

I dissent from the decision announced by the majority opinion because the trial court did not clearly err in determining that Ms. Downum committed constructive fraud. … No member of our court heard the evidence or otherwise is qualified to reach a reliable conclusion about whether Ms. Downum’s silence was innocent or intentional.

Opinion No.

Arkansas Attorney General Reports · Dec 19, 2001

Both men are qualified. … As reflected in my response to your previous two questions, I believe Act 1835 clearly applies to all of the other officers listed in your request.