Vol. 25, Issue 1
September 8, 2014

Civil Cases

Res ipsa loquitur did not apply where defendant did not have exclusive possession and control of damaged property

Gamble v. Wagner - 2014 Ark.App. 442 Court of Appeals. September 3, 2014. Circuit Court of Craighead County, Hon. David Laser. AFFIRMED.

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Affidavit attached to post-trial brief was not improperly considered in summary judgment hearing

Lookabaugh v. Hanna Oil and Gas Co. - 2014 Ark.App. 445 Court of Appeals. September 3, 2014. Circuit Court of Sebastian County, Hon. James O. Cox. AFFIRMED.

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Court erred in determination of prevailing party and denial of interest in contract case

Southern Building Services v. City of Fort Smith - 2014 Ark. 437 Court of Appeals. September 3, 2014. Circuit Court of Sebastian County, Hon. Michael Fitzhugh. REVERSED AND REMANDED.

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Lien on property did not expire despite limitation on time to file suit

Taylor v. City of Fort Smith - 2014 Ark.App. 450 Court of Appeals. September 3, 2014. Circuit Court of Sebastian County, Hon. Stephen Tabor. AFFIRMED IN PART; DISMISSED IN PART.

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Claims for breach of good faith and fair dealings in contract, more than three-year-old torts, and civil-rights violations would not stand in suit by Mountain Home Flight Service against Baxter County

Mountain Home Flight Service, Inc. v. Baxter County, Arkansas - 12-3000 8th Circuit Court of Appeals. July 15, 2014. Eastern District of Arkansas, Hon. P. K. Holmes, III. AFFIRMED.

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No qualified immunity for jailers where question of fact remained as to whether tasing a pre-trial detainee was necessary for compliance

Smith (Dwain) v. Conway County, Arkansas - 13-3095 8th Circuit Court of Appeals. July 16, 2014. Eastern District of Arkansas, Hon. Kristine G. Baker. AFFIRMED IN PART; DISMISSED IN PART.

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Criminal Cases

Dismissal of Rule 37 petition was reversed; verification on transcript request sufficed

Adkins (Joseph) v. State - 2014 Ark. 349 Supreme Court of Arkansas. September 4, 2014. Appeal from the Circuit Court of Lonoke County, Hon. Barbara Elmore. ORDER REVERSED AND REMANDED; MOTIONS MOOT.

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When it is asserted that counsel was ineffective for the failure to make a motion or argument, the petitioner must show that the motion or argument would have been meritorious

Joseph Chunestudy v. State of Arkansas - 2014 Ark. 345 Arkansas Supreme Court. September 4, 2014. Greene County Circuit Court, Hon. Randy Philhours. AFFIRMED.

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Petitioner bears the burden of showing a writ of error coram nobis is warranted. The Supreme Court will only allow a writ to proceed if it deems the attack meritorious

Anarian Chad Jackson v. State of Arkansas - 2014 Ark. 347 Arkansas Supreme Court. September 4, 2014. Pulaski County Circuit Court, MOTION TO EXPAND PAGE LIMIT MOOT; MOTION TO REINVEST JURISDICTION AND TO RECALL MANDATE DENIED.

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Mandatory life imprisonment as punishment required for juvenile to receive consideration under Miller v. Alabama and Brown v. Hobbs.

Frederick Pennington, Jr. v. Ray Hobbs, Director, Arkansas Department of Correction - 2014 Ark. 356 Arkansas Supreme Court. September 4, 2014. Jefferson County Circuit Court, Hon. Jodi Raines Dennis. APPEAL DISMISSED; MOTIONS FOR STAY PENDING APPEAL AND FOR SUPERSEDEAS, TO SUPPLEMENT ADDENDUM, AND FOR APPOINTMENT OF COUNSEL MOOT; PETITION FOR WRIT OF HABEAS CORPUS DENIED.

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A defendant is considered an accomplice if she takes some part in or performs some act in the commission of the crime

Dimitria Singleton-Harris v. State of Arkansas - 2014 Ark.App. 436 Court of Appeals. September 3, 2014. Miller County Circuit Court, Hon. Brent Haltom. AFFIRMED.

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Jury verdict for government reasonable in spite of inconsistencies in DEA evidence form

United States v. Jenkins (Romondo) - 13-2986 8th Circuit Court of Appeals. July 15, 2014. Eastern District of Arkansas, Hon. J. Leon Holmes . AFFIRMED.

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