Vol. 25, Issue 6
October 13, 2014

Civil Cases

Stay based upon the Servicemembers Civil Relief Act was not a final order

Ballesteros v. Roney - 2014 Ark. 412 Arkansas Supreme Court. October 9, 2014. Circuit Court of Benton County, Hon. Xollie Duncan. APPEAL DISMISSED.

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Inability to get driver's license due to medical condition did not prove disability for truck driver

Hampton v. Reliance Standard Life Insurance Company - No. 13-2782 8th Circuit Court of Appeals. October 7, 2014. Eastern District of Arkansas, REVERSED.

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Award after default judgment reversed based on insufficiency of the evidence

MCSA, LLC v. Thurmon - 2014 Ark.App. 540 Arkansas Court of Appeals. October 8, 2014. Circuit Court of Union County, Hon. David Guthrie. REVERSED AND REMANDED.

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Trial court erred granting Rule 12(b)(6) motion to dismiss

United Systems of Arkansas v. Beason & Nalley, Inc. - 2014 Ark.App. 534 Court of Appeals. October 8, 2014. Pulaski County Circuit Court, Thirteenth Division, Hon. Collins Kilgore. REVERSED AND REMANDED.

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An employer is entitled to a credit for "full wages" paid during a period of disability

Advanced Portable X-Ray v. Connie Parker - 2014 Ark.App. 548 Court of Appeals. October 8, 2014. Workers' Compensation Commission. REVERSED AND REMANDED.

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Criminal Cases

Batson challenge fails despite all black jurors being struck from the jury panel

McMiller v. State - 2014 Ark. 416 Arkansas Supreme Court. October 9, 2014. Circuit Court of Jefferson County, Hon. Jodi Raines Dennis. AFFIRMED.

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Defendant failed to show ineffective assistance of counsel; proffered plea offer was fake

Billy Stewart v. State - 2014 Ark. 419 Arkansas Supreme Court. October 9, 2014. Circuit Court of Garland County, Hon. Marsha Hearnsberger. AFFIRMED.

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Evidence held sufficient to support aggravated robbery conviction

Bryant E. Turner v. State of Arkansas - 2014 Ark. 415 Arkansas Supreme Court. October 9, 2014. Faulkner County Circuit Court, Hon. Charles E. Clawson, Jr.. AFFIRMED.

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The Arkansas Supreme Court reversed and dismissed defendant's conviction for failure to appear

Jeremy Clay Thompson v. State of Arkansas - 2014 Ark. 413 Arkansas Supreme Court. October 9, 2014. Saline County Circuit Court, Hon. Grisham Phillips. REVERSED AND DISMISSED.

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Second degree murder conviction upheld despite evidence of justification

Olivia Moody v. State of Arkansas - 2014 Ark.App. 538 Court of Appeals. October 8, 2014. Jefferson County Circuit Court, Hon. Jodi Raines Dennis. AFFIRMED.

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