Opinions delivered
December 21, 1998
Aycock Pontiac, Inc. v. Aycock (Corbin, J.) 98-767
Trusts -- Settlor's express intent was to provide
sufficient funds for children's formal education; chancellor's
findings not clearly erroneous.
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Bryant v. Weiss (Thornton, J.) 98-564
Statutes -- Freedom of Information Act clearly
provides that anyone who requests information is entitled to it;
appellant had standing to appeal denial of his request; case
reversed and remanded.
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Dugal Logging, Inc. v. Arkansas Pulpwood Co. (Per Curiam) 98-973
Appeal & error -- Certification of case to supreme
court; granted.
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Edwards v. Stills (Corbin, J.) 97-1168
Damages -- Punitive damages; supreme court rejected
different standard for person raising defense of insanity; evidence
supported jury's findings and award; disparity between award and
harm inflicted not excessive; use of statements in civil proceeding
not violative of Fifth Amendment rights; trial court did not abuse
discretion in refusing to permit evidence of alleged settlement
offer; trial court did not abuse discretion in admitting testimony
of witness concerning prior violent incident; trial court did not
err in instructing jury on loss of earning capacity; trial court
did not abuse discretion in admitting psychologist's notes;
appellant not denied full opportunity to cross-examine clinical
psychologist.
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Heagerty v. State (Brown, J.) 98-848
Juveniles -- Transfer to juvenile court denied;
decision of trial court affirmed; court of appeals reversed.
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DONALD L. CORBIN, JUSTICE:
97-1168. Janice Edwards, as Guardian of Joe Edwards v. David Stills and Tanya Stills, from Washington Circuit, Second Division. Affirmed. Imber and Thornton, JJ., dissent. (45 PAGES + 1 PAGE DISSENT (IMBER) + 5 PAGES DISSENT (THORNTON) PUBLISHED) [HTML, WP5.1]
98-767. Aycock Pontiac, Inc., James H. Aycock III, John Aycock, and Elizabeth Aycock Mohon v. James Hervey Aycock, Jr., from Craighead Chancery, Western District. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Brown, J., concurs. Newbern and Imber, JJ., dissent. (11 PAGES + 2 PAGES CONCUR + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
98-848. Joshua M. Heagerty v. State of Arkansas, from Lonoke Circuit. Affirmed. Glaze and Imber, JJ., concur. Newbern and Thornton, JJ., dissent. (8 PAGES + 2 PAGES CONCUR + 8 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
98-564. Winston Bryant, Attorney General v. Richard Weiss, Director, Arkansas Department of Finance and Administration, and Mike Huckabee, Governor, from Pulaski Circuit. Reversed and Remanded. Glaze, J., concurs. Newbern and Imber, JJ., dissent. (7 PAGES + 2 PAGES CONCUR + 6 PAGES CONCUR PUBLISHED) [HTML, WP5.1]
98-973. Dugal Logging, Inc. et al. v. Arkansas Pulpwood Company, Inc. et al., from Union Circuit. Certification to the Arkansas Supreme Court. Certification granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]