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Case Digests

00-1820 Behrndt v. Behrndt, et al.

Patrick Behrndt appeals from the denial of his motion for relief from the trial court’s judgment dismissing Patrick and approving the settlement as to all other parties. The issue on appeal is whether the trial court erroneously exercised its discretion ...

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00-1844 Sabel v. Rosenthal, et al.

Martin E. Rosenthal appeals from a judgment entered in his favor, granting his motion to reopen and vacate a default judgment that Dawn M. and Johnnie D. Sabel secured against Rosenthal on Aug. 25, 1987. Rosenthal challenges only that part ...

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00-3054-CR State v. Hill

Adam Hill appeals a judgment convicting him of making a bomb threat. He also appeals an order denying postconviction relief. Hill contends that he is entitled to a new trial because he was convicted on the basis of an in-court ...

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99-1964 Booth v. Churner

“When Congress replaced the text of the statute as construed in [McCarthy v. Madigan] with the exhaustion requirement at issue today, it presumably understood that under McCarthy the term ‘effective’ in the former sec. 1997e(a) eliminated the possibility of requiring ...

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00-454 Atkinson Trading Co., Inc. v. Shirley

“Indian tribes are ‘unique aggregations possessing attributes of sovereignty over both their members and their territory,’ but their dependent status generally precludes extension of tribal civil authority beyond these limits… The Navajo Nation’s imposition of a tax upon nonmembers on ...

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00-1570 State v. Polshek

Even though the parents may have known who the abuse reporters were, it was nevertheless an unlawful “disclosure” of the reporters’ identities within the meaning of the statute. “Given the statute’s goal of protecting reporters’ identities, it is appropriate to ...

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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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