Arkansas Court Bulletin

Arbitration agreement in nursing home admission failed for lack of mutuality

Regional Care of Jacksonville v. Henry - 2014 Ark. 361 Supreme Court of Arkansas. September 11, 2014. Circuit Court of Pulaski County, Hon. Timothy Davis Fox. AFFIRMED.

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Entity that purchases debts and hires a lawyer to collect debts is required to be licensed as a debt collector

Simpson v. Cavalry SPV I, LLC - 2014 Ark. 363 Arkansas Supreme Court. September 11, 2014. Certified question from the United States District Court for the Eastern District of Arkansas, Hon. J. Leon Holmes . CERTIFIED QUESTIONS ANSWERED.

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Summary judgment for defendant racetrack was reversed in premises liability case

Ver Weire v. Styles - 2014 Ark.App. 459 Court of Appeals. September 10, 2014. Circuit Court of Pope County, Hon. Dennis Sutterfield. REVERSED AND REMANDED.

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Transfer of case did not affect order; child support arrearage was figured wrongly, but still correct

Brown v. Brown - 2014 Ark.App. 455 Court of Appeals. September 10, 2014. Circuit Court of Boone County, Hon. Shawn Womack. AFFIRMED AS MODIFIED.

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Officers entitled to qualified immunity where they dropped off intoxicated man in remote location

Gladden (Bradley, Estate of) v. Richbourg - 12-3918 8th Circuit Court of Appeals. July 23, 2014. Eastern District of Arkansas, Hon. Brian Miller. AFFIRMED.

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Class action against bank on nonjudicial mortgage foreclosures fell into federal court’s diversity jurisdiction

Reece v. Bank of New York Mellon - 12-3526; 13-1245 8th Circuit Court of Appeals. July 23, 2014. Eastern District of Arkansas, AFFIRMED IN PART, REVERSED IN PART.

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Cuyler v. Sullivan provides that a court presumes prejudice when a conflict of interest arising from multiple representation adversely affects counsel's representation

Terry Gale Plunk v. Ray Hobbs - 12-1309 8th Circuit Court of Appeals. August 14, 2014. Eastern District of Arkansas, Hon. Susan Webber Wright. AFFIRMED; EN BANC.

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Court declined to extend "the proposition that the unquestioned laws of nature compel a conclusion that appellant's blood-alcohol content was either decreasing or increasing at the time" of a blood test

Michael Gene Fowler v. State of Arkansas - 2014 Ark.App. 460 Court of Appeals. September 10, 2014. Faulkner County Circuit Court, Hon. Charles E. Clawson, Jr.. AFFIRMED; REMANDED WITH INSTRUCTIONS.

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The statutory language regarding the giving of jury instructions regarding alternative sentencing is permissive, not mandatory

Gary D. Bell v. State of Arkansas - 2014 Ark.App. 458 Court of Appeals. September 10, 2014. Clark County Circuit Court, Hon. Robert E. McCallum. AFFIRMED.

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"The application of an apparently new doctrine that this court may deny Rule 37 relief for any reason, is egregious enough to warrant a rehearing of this case"

State of Arkansas v. Shawn Trevell Rainer - 2014 Ark. 373 Arkansas Supreme Court. September 11, 2014. Mississippi County Circuit Court Chickasawba District, Hon. John N. Fogleman. DISSENTING OPINION ON DENIAL OF REHEARING.

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Only after a defendant has regained fitness and criminal proceedings resumed may a court dismiss a case under A.C.A. 5-2-310(c)(2)

State of Arkansas v. Derrick Lamont Thomas - 2014 Ark. 362 Arkansas Supreme Court. September 11, 2014. Pulaski County Circuit Court, Seventh Division, Special Judge William O. James, Jr.. REVERSED AND REMANDED.

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Withholding of evidence by the State is grounds for relief under a writ of error coram nobis but the petitioner must show that there is a reasonable probability, had the evidence been disclosed, that the proceeding would have been different

Steven Laron McArthur v. State of Arkansas - 2014 Ark. 367 Arkansas Supreme Court. September 11, 2014. Lonoke County Circuit Court, PETITION AND MOTION DENIED.

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A defendant will not receive a new trial "unless the evidence weighs heavily enough against the verdict that a miscarriage of justice may have occurred"

United States v. William Axsom II - 12-3703 8th Circuit Court of Appeals. August 4, 2014. Eastern District of Arkansas, Hon. D.P. Marshall Jr.. AFFIRMED.

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Intended loss is based on a defendant's actual, subjective intent but is not to be confused with "good intentions"

United States v. Rodney W. Callaway - 13-3217 8th Circuit Court of Appeals. August 8, 2014. Western District of Arkansas, Hon. Jimm Hendren. AFFIRMED.

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Issues

Vol. 25, Issue 2
September 15, 2014

Civil Cases

Arbitration agreement in nursing home admission failed for lack of mutuality

Entity that purchases debts and hires a lawyer to collect debts is required to be licensed as a debt collector

Summary judgment for defendant racetrack was reversed in premises liability case

Transfer of case did not affect order; child support arrearage was figured wrongly, but still correct

Officers entitled to qualified immunity where they dropped off intoxicated man in remote location

Class action against bank on nonjudicial mortgage foreclosures fell into federal court’s diversity jurisdiction

Criminal Cases

Cuyler v. Sullivan provides that a court presumes prejudice when a conflict of interest arising from multiple representation adversely affects counsel's representation

Court declined to extend "the proposition that the unquestioned laws of nature compel a conclusion that appellant's blood-alcohol content was either decreasing or increasing at the time" of a blood test

The statutory language regarding the giving of jury instructions regarding alternative sentencing is permissive, not mandatory

"The application of an apparently new doctrine that this court may deny Rule 37 relief for any reason, is egregious enough to warrant a rehearing of this case"

Only after a defendant has regained fitness and criminal proceedings resumed may a court dismiss a case under A.C.A. 5-2-310(c)(2)

Withholding of evidence by the State is grounds for relief under a writ of error coram nobis but the petitioner must show that there is a reasonable probability, had the evidence been disclosed, that the proceeding would have been different

A defendant will not receive a new trial "unless the evidence weighs heavily enough against the verdict that a miscarriage of justice may have occurred"

Intended loss is based on a defendant's actual, subjective intent but is not to be confused with "good intentions"

Issues

Vol. 25, Issue 2 September 15, 2014

Civil Cases

Arbitration agreement in nursing home admission failed for lack of mutuality

Entity that purchases debts and hires a lawyer to collect debts is required to be licensed as a debt collector

Summary judgment for defendant racetrack was reversed in premises liability case

Transfer of case did not affect order; child support arrearage was figured wrongly, but still correct

Officers entitled to qualified immunity where they dropped off intoxicated man in remote location

Class action against bank on non­judicial mortgage foreclosures fell into federal court’s diversity jurisdiction

Criminal Cases

Cuyler v. Sullivan provides that a court presumes prejudice when a conflict of interest arising from multiple representation adversely affects counsel's representation

Court declined to extend "the proposition that the unquestioned laws of nature compel a conclusion that appellant's blood-alcohol content was either decreasing or increasing at the time" of a blood test

The statutory language regarding the giving of jury instructions regarding alternative sentencing is permissive, not mandatory

"The application of an apparently new doctrine that this court may deny Rule 37 relief for any reason, is egregious enough to warrant a rehearing of this case"

Only after a defendant has regained fitness and criminal proceedings resumed may a court dismiss a case under A.C.A. 5-2-310(c)(2)

Withholding of evidence by the State is grounds for relief under a writ of error coram nobis but the petitioner must show that there is a reasonable probability, had the evidence been disclosed, that the proceeding would have been different

A defendant will not receive a new trial "unless the evidence weighs heavily enough against the verdict that a miscarriage of justice may have occurred"

Intended loss is based on a defendant's actual, subjective intent but is not to be confused with "good intentions"

Vol. 25, Issue 2
September 15, 2014

Class action against bank on nonjudicial mortgage foreclosures fell into federal court’s diversity jurisdiction