ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
---------------
IN THIS ISSUE
---------------
54 Ark. App.

Opinions delivered July 3, 1996


Estes v. Cedar Chemicals (Robbins, J.) CA95-594
Workers' compensation -- Appellant given bona fide offer of employment at same wages; not entitled to wage-loss disability benefits. [ASCII, WP5.1]

Hanson v. Amfuel (Griffen, J.) CA95-364
Workers' compensation -- Physicians' opinion evidence constituted substantial evidence in support of Commission's decision. [ASCII, WP5.1]

Jones v. Ray (Rogers, J.) CA95-562
Civil procedure -- Issues tried by express or implied consent of parties are treated as if they had been pled; issue of award of damages properly tried by parties' implied consent. [ASCII, WP5.1]

Lindsey v. State (Jennings, C.J.) CACR95-565
Evidence -- Rape Shield Statute has no application to victim's prior inconsistent statement; witness's testimony that victim recanted should have been admitted; case reversed and remanded. [ASCII, WP5.1]

McNeely v. State (Cooper, J.) CACR95-602
Appeal & error -- Argument on appeal not raised below; appellate court does not address arguments made for first time on appeal. [ASCII, WP5.1]

Nix v. State (Cooper, J.) CACR95-254
Evidence -- Purpose of restitution to make victim whole as possible; evidence sufficient to support trial court's order of restitution. [ASCII, WP5.1]

Ramey v. State Farm Mut. Automobile Ins. Co. (Cooper, J.) CA95-696
Insurance -- Insured required under policy terms to notify insurer when sued as result of auto accident; insurer must have knowledge of all material facts in order to waive provision. [ASCII, WP5.1]

Southern Hospitalities v. Britain (Robbins, J.) CA95-710
Workers' compensation -- Commission's decision that employer should bear medical expenses supported by substantial evidence. [ASCII, WP5.1]

Stafford v. Arkmo Lumber Co. (Pittman, J.) CA94-1373
Workers' compensation -- Commission's decision to deny temporary total disability benefits supported by substantial evidence. [ASCII, WP5.1]

Weldon v. Pierce Bros. Constr. (Stroud, J.) CA95-853
Workers' compensation -- Recurrence of injury; Commission's finding that incident was a recurrence of earlier injury supported by substantial evidence; no error in Commission's denial of wage-loss claim. [ASCII, WP5.1]

Williams v. State (Stroud, J.) CACR94-581
Search & seizure -- Initial intrusion into appellant's home lawful; objects seized were not in plain view; independent-source doctrine; illegal entry affected officer's decision to seek warrant exclusionary rule mandated exclusion of evidence seized pursuant to warrant; motion to suppress should have been granted; trial court did not abuse its discretion in refusing to sever the offenses; acts were sufficiently similar to constitute a single scheme or plan. [ASCII, WP5.1]

Williams v. State (Jennings, C.J.) CACR94-894
Criminal law -- Trial court did not err in submitting question of accomplice status to jury; appellants' conviction on conspiracy charge did not violate double-jeopardy principle; no abuse of trial court's discretion in refusing to sever; no prejudice from trial court's curtailment of repetitive cross-examination; no fundamental unfairness in addressing habitual conduct through use of enhancement. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bishop v. State, CA CR 95-613 (Griffen, J.), affirmed July 3, 1996.

Brooks v. State, CA CR 94-1225 (Per Curiam), appellant's motion to allow additional counsel for representation granted July 3, 1996.

Brooks v. State, CA CR 94-1225 (Per Curiam) appellant's motion to file supplemental brief granted July 3, 1996.

Carpenter v. Hilton, CA 95-882 (Jennings, C.J.), affirmed July 3, 1996.

Duff v. Estate of Duff, CA 95-110 (Cooper, J.), affirmed July, 3, 1996.

Dulaney v. State, CA CR 95-344 (Griffen, J.), affirmed July 3, 1996.

Gaston v. Office of Child Support Enforcement, CA 95-396 (Griffen, J.), affirmed July 3, 1996.

Hulsey v. State, CA CR 95-589 (Rogers, J.), affirmed July 3, 1996.

Jackson v. State, CA CR 95-729 (Mayfield, J.), affirmed July 3, 1996.

Jones v. Robinson, CA 95-603 (Jennings, C.J.), affirmed in part; reversed in part July 3, 1996.

Key v. State, CA CR 95-748 (Cooper, J.), affirmed July 3, 1996.

McBride v. Strain, CA 95-118 (Mayfield, J.), affirmed in part and remanded in part on appeal; affirmed on cross-appeal july 3, 1996.

Pacello v. State CA CR 95-343 (Jennings, C.J.), affirmed July 3, 1996.

Ralph v. State, CA CR 96-207 (Cooper, J.), reversed and remanded July 3, 1996.

Rankin v. State, CA CR 94-278 (Per Curiam), appellee's motion to file a belated brief granted July 3, 1996.

Richmond v. State, CA CR 95-927 (Mayfield, J.), affirmed July 3, 1996.

Rogers v. Darling Store Fixtures, CA 95-865 (Cooper, J.), reversed and remanded.

Stalnaker v. State, CA CR 95-818 (Pittman, J.) affirmed July 3, 1996.

Taylor v. State, CA CR 95-597 (Jennings, C.J.), affirmed July 3, 1996.

Vastine v. First Nat'l Bank & Trust Co., CA 95-1082 (Per Curiam), dismissed July 3, 1996.

Waters v. Western Grove Sch. Dist., CA 95-656 (Stroud, J.), affirmed July 3, 1996.