Mini reviews, week of 10-2-14
By Robert S. Tschiemer
www.tschiemerlegalbriefing.com
Klowski v. State, 2014 Ark. 403
The Arkansas Supreme Court affirmed a conviction of thirty-eight counts of distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, concluding the State did not have to prove he “knowingly” possessed it on his computer. A three-justice dissent read the statute differently.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/329083/Electronic.aspx
Butler v. Butler, 2014 Ark. App. 507
The Arkansas Court of Appeals affirmed a contempt ruling and rejected the argument that it was a non-final order because of an allowance of time to pay before the incarceration.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/329018/Electronic.aspx
Buckley v. State, 2014 Ark. App. 516
The Arkansas Court of Appeals reversed a conviction for failure to appear and remanded, where the only evidence supporting the State’s charge was that his attorney testified she told him of the hearing date. Admission of this testimony violated the attorney-client privilege. A concurrence, by Judge Harrison, opined that Arkansas should provide for a “conduit” exception to third-party communications to an attorney who relays it to their client.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/329003/Electronic.aspx
Addition by Gerry Schulze
Sims v. DWS, 2014 Ark. App. 312
The Arkansas Board of Review found that Sims was discharged from his job at Bismarck Public Schools for misconduct in connection with the work. Sims appealed, and the Arkansas Court of Appeals reversed. The Court found that reasonable minds could not conclude that the conduct alleged was sufficient to deny unemployment benefits. There was no substantial evidence to support the board's finding.
By Robert S. Tschiemer
www.tschiemerlegalbriefing.com
Klowski v. State, 2014 Ark. 403
The Arkansas Supreme Court affirmed a conviction of thirty-eight counts of distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, concluding the State did not have to prove he “knowingly” possessed it on his computer. A three-justice dissent read the statute differently.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/329083/Electronic.aspx
Butler v. Butler, 2014 Ark. App. 507
The Arkansas Court of Appeals affirmed a contempt ruling and rejected the argument that it was a non-final order because of an allowance of time to pay before the incarceration.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/329018/Electronic.aspx
Buckley v. State, 2014 Ark. App. 516
The Arkansas Court of Appeals reversed a conviction for failure to appear and remanded, where the only evidence supporting the State’s charge was that his attorney testified she told him of the hearing date. Admission of this testimony violated the attorney-client privilege. A concurrence, by Judge Harrison, opined that Arkansas should provide for a “conduit” exception to third-party communications to an attorney who relays it to their client.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/329003/Electronic.aspx
Addition by Gerry Schulze
Sims v. DWS, 2014 Ark. App. 312
The Arkansas Board of Review found that Sims was discharged from his job at Bismarck Public Schools for misconduct in connection with the work. Sims appealed, and the Arkansas Court of Appeals reversed. The Court found that reasonable minds could not conclude that the conduct alleged was sufficient to deny unemployment benefits. There was no substantial evidence to support the board's finding.
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