Case law

Duncan v. State

291 Ark. 521 · Supreme Court of Arkansas · Mar 23, 1987

Nor have our cases necessitated establishing guidelines on these issues. See, Notes, Richardson v. State: A.R.Cr.P. Rule 8.1, A Rule in Need of a Standard, 38 Ark. L. Rev. 842 (1985). … Death-Qualified Juries Another assertion of error concerns death-qualified juries, approved in Lockhart v. McCree, __ U.S __ 106 S.Ct. 1758 (1986).

Ritchie Grocery v. Glass

70 Ark. App. 222 · Court of Appeals of Arkansas · May 10, 2000

Van Guilder is a trained professional who was qualified to recognize a flat affect and give an opinion as to its presence. … Not only was Ritchie’s testimony regarding the number of times that Glass actually visited the store not clearly inconsistent with what Glass had reported, Dr.

In Re Clark

138 B.R. 579 · United States Bankruptcy Court, E.D. Arkansas · Dec 17, 1991

Exhibit three does state clearly that the 1984 tax return was received in “Secondary Sort” on May 23, 1990. … The debtors have failed to establish any proof of a postmark.

Harrison v. Hadley

11 F. Cas. 649 · U.S. Circuit Court for the District of Eastern Arkansas · Jan 13, 1873

But the principle is now established that the circuit court of the United States can exercise jurisdiction in no case solely upon the ground that it falls within the constitutional grant of judicial power to the United States … and ancillary relief, and the reasoning that excludes the jurisdiction of the court over the principal subject matter of the suit applies with equal force to the ancillary and auxiliary relief sought The complainant is clearly

West Helena Savings & Loan Ass'n v. Federal Home Loan Bank Board

417 F. Supp. 220 · District Court, E.D. Arkansas · Jun 28, 1976

Yet, state laws establishing state savings and loan associations were clearly sanctioned by Congress when it delineated the functions to be played by the Federal agencies. … The defendants’ own statements in their annual reports demonstrate that they unilaterally added the “need” requirement to the statutory scheme established by Congress. Clearly no authority for such an addition exists.

Owen v. Dalton

296 Ark. 351 · Supreme Court of Arkansas · Sep 28, 1988

Cities located in counties with less than 34,000 people are excluded, as are cities whose form of government was established pursuant to Act 498 of 1973. … Act 539 clearly would have applied only to the city of Little Rock.

Menifee's Ad'rs v. Menifee

3 Ark. 9 · Supreme Court of Arkansas · Jul 15, 1847

The jurisdiction of Chancery over the claim of dower, has been thoroughly examimed, clearly asserted, and definitely established. … Justice Stout, in delivering the opinion of the Court, said, “It is a clearly established principle in equity jurisprudence, that whenever die trustee has been guilty of a breach of the trust and has transferred the property

Opinion No.

Arkansas Attorney General Reports · Aug 14, 2000

Although Arkansas law does not clearly address this issue, it is nevertheless my opinion that the special election can be held before the judgeship becomes vacant. … See, e.g., Citizens to Establish a Reform Party v. Priest, 325 Ark. 257 , 926 S.W.2d 432 (1996) (addressing the interpretation of statutes); Gazaway v.

Pratt v. Govan

District Court, W.D. Arkansas · Jun 9, 2023

Secondly, even if Plaintiff were able to establish a constitutional violation, Defendant Govan, as Circuit Court Clerk, is immune from suit under the facts alleged. … The filing of court filings is clearly an integral part of the judicial process. See Smith v.

Skokos v. Skokos

332 Ark. 520 · Supreme Court of Arkansas · Jun 4, 1998

Lawson, 226 Ark. 643 , 291 S.W.2d 518 (1956), will not be reversed unless it is clearly erroneous, Calvin v. … The provisions of Trusts Nos. 3 and 4 were apparently the same as those established in connection with the 1992 trust. Ms.

Roberts Contracting Co. v. Valentine-Wooten Road PubLic Facility Board

2009 Ark. App. 437 · Court of Appeals of Arkansas · May 27, 2009

Standard of review |7In civil bench trials, the standard of review on appeal is whether the trial court’s findings were clearly erroneous or clearly against a preponderance of the evidence. Rooke v. … VWR has not appealed from the trial court's ruling on its failure to establish actual damages.

Eldridge v. Waugh

198 B.R. 545 · District Court, E.D. Arkansas · Oct 10, 1995

The Eighth Circuit’s intentional harm standard requires the Eldridges to establish intentional behavior targeted at them by Waugh. In re Grisham, 177 B.R. 306, 311 (Bankr. W.D.Mo.1995). … John Ed Welch, a certified public accountant with the firm that prepared the audit, testified that a qualified opinion was issued in conjunction with the 1987 audit report for RFTC because there were related party transactions

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2001

Given your latest question, I will qualify my earlier conclusion to the extent of opining that if the pending action qualifies as what you have designated a " county " misdemeanor prosecution — i.e., a prosecution for a misdemeanor … The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. United States v.

Steel Erectors, Inc. v. Lee

253 Ark. 151 · Supreme Court of Arkansas · Jul 17, 1972

There was testimony that he was very competent and qualified, and that he was experienced, but the statement that he was skilled must have been understood by the jury as the court’s interpretation of the evidence. … It is, however, the jury’s exclusive province to weigh the evidence and draw inferences of fact not established by direct proof.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

The applicability of the statute to subcontractors was established beyond question in Bird v. … The construction of a statute by an administrative agency should not be overturned unless it is clearly wrong. Moore v. Tillman, 170 Ark. 895 , 282 S.W. 9 (1926).

Donley v. Donley

493 S.W.3d 762 · Supreme Court of Arkansas · Jun 9, 2016

On May 1, 2012, the circuit court ■ entered an order granting [¡¡temporary guardianship of M.B. to Kisha, finding that Temika was not a fit parent and that Kisha was qualified to serve as guardian. … A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made. Id.

Thomas v. State

349 Ark. 447 · Supreme Court of Arkansas · Jun 27, 2002

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 … Had the legislature intended to strip the trial judge of the long-established discretion to reduce a defendant’s sentence, we have no doubt that such an intention would have been stated clearly.

Kristy Schneider and Erik Schneider v. Arkansas Department of Human Services and Minor Child

2020 Ark. App. 455 · Court of Appeals of Arkansas · Sep 30, 2020

Code Ann. § 9-27-325(h)(2)(A)(ii). 15 erroneous or clearly against the preponderance of the evidence.5 A finding is clearly erroneous when, although there is evidence to support … We cannot say that this finding is clearly erroneous. Appellants also contend that Dr.

Christopher Weatherly and Destiny Weatherly v. Arkansas Department of Human Services and Minor Children

2026 Ark. App. 136 · Court of Appeals of Arkansas · Feb 25, 2026

And she had not been living in the camper long enough for it to qualify as stable housing. … Clear and convincing evidence is defined as that degree of proof that will produce in the fact-finder a 5 firm conviction as to the allegation sought to be established.

Johnson v. Carter

District Court, E.D. Arkansas · Dec 4, 2023

The Court must also weigh all factual allegations in favor of the plaintiff, unless the facts alleged are clearly baseless. Denton v. Hernandez, 504 U.S. 25, 32 (1992). II. … As currently pled, Plaintiff’s allegations against Defendant Hindman to not establish retaliatory animus.