Vol. 25, Issue 33
June 1, 2015

Civil Cases

Forced integration of oil mineral interests is not a "taking"; there is no right to a jury trial on damages

Gawenis v. Arkansas Oil & Gas Commission - 2015 Ark. 238 Arkansas Supreme Court. May 28, 2015. Circuit Court of Van Buren County, Hon. H.G. Foster. AFFIRMED.

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Combination of class-action and arbitration results in "legal morass", but no ruling

Diamante, LLC v. Dye - 2015 Ark. 243 Arkansas Supreme Court. May 28, 2015. Circuit Court of Saline County, Hon. Gary Arnold. REVERSED AND REMANDED.

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Sanctions under Rule 11 reversed based on lack of notice, denial of attorney fees affirmed

Swindle v. Southern Farm Bureau Casualty Insurance Company - 2015 Ark. 241 Arkansas Supreme Court. May 28, 2015. Circuit Court of Benton County, Hon. Xollie Duncan. AFFIRMED IN PART; REVERSED IN PART; COURT OF APPEALS OPINION VACATED.

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Denial of new trial affirmed where jury awarded no damages despite finding for plaintiff

Wallis v. Keller - 2015 Ark.App. 343 Court of Appeals. May 27, 2015. Circuit Court of Benton County, Hon. Xollie Duncan. AFFIRMED.

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Criminal Cases

Issue of first impression regarding First Offender Act affirmed

Rufus Barner v. State of Arkansas - 2015 Ark. 247 Arkansas Supreme Court. May 28, 2015. Circuit Court of Pulaski County, Hon. Leon Johnson. AFFIRMED.

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Expert opinion on defendant's mental state not allowed

Alan Edwards v. State of Arkansas - 2015 Ark.App. 340 Court of Appeals. May 27, 2015. Circuit Court of Garland County, Hon. John Homer Wright. AFFIRMED.

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Circuit court did not abuse its discretion allowing gruesome photos as evidence

Desmond Evans v. State of Arkansas - 2015 Ark. 240 Arkansas Supreme Court. May 28, 2015. Circuit Court of Union County, Hon. Hamilton Singleton. AFFIRMED.

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Juror's inadvertent comment about defendant's behavior in elementary school not sufficient for mistrial

Edmond McClinton v. State of Arkansas - 2015 Ark. 245 Arkansas Supreme Court. May 28, 2015. Circuit Court of Jefferson County, Hon. Berlin Jones. AFFIRMED.

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Circuit court granting defendant's motion to suppress mixture of law and facts

State of Arkansas v. Christopher Brashers - 2015 Ark. 236 Arkansas Supreme Court. May 28, 2015. Circuit Court of Independence County, Hon. John Dan Kemp. DISMISSED.

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