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00-3350-CR State v. Stormer

Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense. He received a sentence of 60 days in jail with Huber privileges, license revocation for thirty months, and a forfeiture of $1,346.50. The sole issue on appeal ...

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00-2129 State v. Richardson

“After reviewing the written arguments of both parties and the record itself, the sentencing court made the following findings of fact. At the time of sentencing, the contents of the criminal complaint and pre-sentence report could have justified a multi-count ...

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01-0205-CR State v. Farrell

Michael J. Farrell appeals his conviction of operating a motor vehicle while intoxicated (OMVWI). He argues that the circuit court erred in refusing to suppress the results of his blood test. He concludes the circuit court was in error because ...

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00-262 Arkansas v. Sullivan

“The court’s decision on rehearing is flatly contrary to this Court’s controlling precedent, we grant the State’s petition for a writ of certiorari and reverse. As an initial matter, we note that the Arkansas Supreme Court never questioned Officer Taylor’s ...

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00-2133 State v. Kimbrough

“With respect to Kimbrough’s limited intellectual capacity, we note that while expert testimony established he had below average intelligence, it did not establish that he is mentally retarded. In addition, while the State’s psychologist testified that Kimbrough’s general ability to ...

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00-2691-CR State v. Hernandez

uis Hernandez appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI). Hernandez contends that the trial court erred in denying a motion to suppress evidence gathered after an allegedly illegal traffic ...

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99-2317 Tayborn v. Scott

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

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00-3569-FT Wildeck Inc., v. Cousar, et al.

Wildeck Inc. appeals from a judgment dismissing its complaint for lack of personal jurisdiction over Thomas J. Cousar and Cousar Painting Company Inc. (collectively, Cousar). The issue on appeal is whether the exercise of personal jurisdiction over Cousar would offend ...

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00-3150-CR State v. Kingsfield

Tyler J. Kingsfield appeals his convictions for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited blood alcohol concentration. His argument on appeal is that first, there was insufficient evidence to convict him of the ...

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00-1420-CR State v. Messner

Patricia K. Messner appeals her conviction for operating under the influence, second offense, with a minor passenger under the age of 16 in the motor vehicle. She contends that there was no probable cause for her arrest, that the trial ...

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99-2317Tayborn v. Scott

“Tayborn argues that several inconsistencies in his testimony rendered his testimony perjurious and that the prosecution should have known it was perjurious. However, Tayborn only points to collateral inconsistencies in Murchinson’s testimony like: 1) whether he heard a noise before ...

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00-3144-CR State v. Alby

Randy S. Alby appeals his conviction for operating while intoxicated following a trial before the court. At trial, he conceded that he was driving while intoxicated, but raised the affirmative defense of involuntary intoxication as the means by which he ...

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99-1522United Methodist v. Ronald Culver

And this is so even though the Elo congregation continued to function as a church.”In this case, we are not concerned with the intra-church dispute that fueled the Elo congregation’s departure. Moreover, we have not been invited to determine whether ...

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00-2201-CR State v. McClain

Mary Lou McClain appeals the judgment of conviction and sentence for misappropriation and the trial court’s order denying her motion to withdraw her no contest plea before sentencing. She contends the trial court erroneously exercised its discretion in denying her ...

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00-1493 Fleishman v. Brem, et al.

American Family Mutual Insurance Company (American Family) appeals from an order and a judgment declaring American Family liable to Jean Fleishman for $33,000 pursuant to the uninsured motorist coverage in her automobile policy with American Family. The trial court determined ...

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00-1123 State ex rel. Ferguson v. Schwarz

Raymond Ferguson, pro se, appeals from the trial court’s order affirming a decision revoking his parole. The issues are: (1) whether the decision to revoke Ferguson’s parole was supported by substantial evidence; (2) whether the decision was arbitrary, capricious, or ...

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00-3129-CR State v. Behnken

The trial court, consistent with a joint sentencing recommendation under a plea agreement, imposed and stayed a six-year prison term and placed Michael Behnken on probation. He appeals the judgment convicting him of disorderly conduct and resisting an officer, claiming ...

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00-3363-FT Fahser, et al. v. Hilgart

Robert Fahser appeals an order, which denied his motions for a new trial or judgment notwithstanding the verdict, and the judgment in favor of Wesley and Donna Hilgart on Fahser’s and Duane Klawitter’s claims for adverse possession and prescriptive easement. ...

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