Mini Reviews, week of 9-11-14
By Robert S. Tschiemer
www.tschiemerlegalbriefing.com
Judicial Discipline and Disability Commission v. Maggio, 2014 Ark. 336
Judge Maggio is formally removed from the bench and may no longer hold judicial office in Arkansas.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328466/Electronic.aspx
Simpson v. Calvary SPVI, LLC, 2014 Ark. 363
In answering certified questions, the Arkansas Supreme Court concluded that an unlicensed entity that buys accounts for collection may not escape collection licensure requirements by hiring an Arkansas attorney to sue the debtor.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328504/Electronic.aspx
State v. Thomas, 2014 Ark. 362
The Arkansas Supreme Court reversed a circuit court dismissal order where mental health providers had averred he was incompetent. The statute would permit dismissal only after the defendant regained competency.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328470/Electronic.aspx
Regional Care of Jacksonville, LLC v. Henry, 2014 Ark. App. 361
The Arkansas Supreme Court affirmed an order denying a motion to compel arbitration, because there was no mutuality of obligation; billing disputes were not subject to mandatory arbitration.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328469/Electronic.aspx
Bell v. State, 2014 Ark. App. 458
The Arkansas Court of Appeals ruled that a circuit court did not abuse its discretion in refusing to instruct the jury that it might consider a “suspended sentence”, in addition to probation.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328457/Electronic.aspx
Brown v. Brown, 2014 Ark. App. 455
The Court of Appeals held that a child support obligation was not invalidated by a transferring the case from one county to another.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328477/Electronic.aspx
Davis v. State, 2014 Ark. App. 452
In affirming a denial of a continuance, the Court of Appeals noted the requirements, including an affidavit, must be met.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328458/Electronic.aspx
Fowler v. State, 2014 Ark. App. 460
In affirming a criminal conviction of driving with .08 BAC, resulting in death, a criminal defendant’s argument that he had .16 taken in the hours after the wreck, not .08, did not convince the appellate court to reverse the conviction.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328460/Electronic.aspx
Weire v. Styles, 2014 Ark. App. 459
In reversing a summary judgment order and remanding for trial, the Court of Appeals observed the record showed plaintiff said the bleacher plank was not connected, and defendant averred there was no problem with the racetrack’s spectator bleachers. This demonstrated that there were factual issues.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328480/Electronic.aspx
By Robert S. Tschiemer
www.tschiemerlegalbriefing.com
Judicial Discipline and Disability Commission v. Maggio, 2014 Ark. 336
Judge Maggio is formally removed from the bench and may no longer hold judicial office in Arkansas.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328466/Electronic.aspx
Simpson v. Calvary SPVI, LLC, 2014 Ark. 363
In answering certified questions, the Arkansas Supreme Court concluded that an unlicensed entity that buys accounts for collection may not escape collection licensure requirements by hiring an Arkansas attorney to sue the debtor.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328504/Electronic.aspx
State v. Thomas, 2014 Ark. 362
The Arkansas Supreme Court reversed a circuit court dismissal order where mental health providers had averred he was incompetent. The statute would permit dismissal only after the defendant regained competency.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328470/Electronic.aspx
Regional Care of Jacksonville, LLC v. Henry, 2014 Ark. App. 361
The Arkansas Supreme Court affirmed an order denying a motion to compel arbitration, because there was no mutuality of obligation; billing disputes were not subject to mandatory arbitration.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328469/Electronic.aspx
Bell v. State, 2014 Ark. App. 458
The Arkansas Court of Appeals ruled that a circuit court did not abuse its discretion in refusing to instruct the jury that it might consider a “suspended sentence”, in addition to probation.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328457/Electronic.aspx
Brown v. Brown, 2014 Ark. App. 455
The Court of Appeals held that a child support obligation was not invalidated by a transferring the case from one county to another.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328477/Electronic.aspx
Davis v. State, 2014 Ark. App. 452
In affirming a denial of a continuance, the Court of Appeals noted the requirements, including an affidavit, must be met.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328458/Electronic.aspx
Fowler v. State, 2014 Ark. App. 460
In affirming a criminal conviction of driving with .08 BAC, resulting in death, a criminal defendant’s argument that he had .16 taken in the hours after the wreck, not .08, did not convince the appellate court to reverse the conviction.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328460/Electronic.aspx
Weire v. Styles, 2014 Ark. App. 459
In reversing a summary judgment order and remanding for trial, the Court of Appeals observed the record showed plaintiff said the bleacher plank was not connected, and defendant averred there was no problem with the racetrack’s spectator bleachers. This demonstrated that there were factual issues.
http://opinions.aoc.arkansas.gov/WebLink8/0/doc/328480/Electronic.aspx
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