ruling error in Arkansas

2019Lottery Comm’n v. Alpha Mktg., 2012 Ark. 23 , at 5–8, 386 S.W.3d 400 , 403–05 (Lottery Commission’s failure to obtain a ruling on the defense of 9 sovereign immunity when it moved to dismiss complaint on multiple grounds precluded our review of sovereign-immunity issue on appeal).

2019Lottery Comm’n v. Alpha Mktg., 2012 Ark. 23 , at 5–8, 386 S.W.3d 400 , 403–05 (Lottery Commission’s failure to obtain a ruling on the defense of 9 sovereign immunity when it moved to dismiss complaint on multiple grounds precluded our review of sovereign-immunity issue on appeal).

2025App. 510 , 699 S.W.3d 180 (dismissing appeal because trial court’s order did not dispose of all of a plaintiff’s claims, and we cannot infer a ruling on a claim from the trial court’s silence on the matter).

2022The purpose of establishing a chain of custody is to prevent the introduction of evidence that has been tampered with or is not authentic.12 Authentication requirements are satisfied if the circuit court, in its discretion, concludes that the evidence presented is genuine and that, in reasonable probability, it has not been tampered with or altered in any significant manner.13 It is not necessary that the State eliminate every possibility of tampering.14 Minor uncertainties in the proof of chain of custody are matters to be argued by counsel and weighed by the jury, but they do not render the

2020E.g., Slater v. State, 2017 Ark.

2019Cf. Kelley v. Johnson, 2016 Ark. 268 , at 9–11, 496 S.W.3d 346 , 354–55 (addressing sovereign immunity on appeal when it was the sole basis on which the Arkansas Department of Correction (ADC) moved for dismissal and summary judgment, and the circuit court explicitly rejected the ADC’s asserted grounds for being immune from suit).5 Steinbuch further contends that the circuit court made a bench ruling at a June 2018 hearing when it stated that “sovereign immunity bars any action against the state of any kind or nature, even if no monetary relief is being sought.” Assuming this statement constit

2019Cf. Kelley v. Johnson, 2016 Ark. 268 , at 9–11, 496 S.W.3d 346 , 354–55 (addressing sovereign immunity on appeal when it was the sole basis on which the Arkansas Department of Correction (ADC) moved for dismissal and summary judgment, and the circuit court explicitly rejected the ADC’s asserted grounds for being immune from suit).5 Steinbuch further contends that the circuit court made a bench ruling at a June 2018 hearing when it stated that “sovereign immunity bars any action against the state of any kind or nature, even if no monetary relief is being sought.” Assuming this statement constit

2015Rule 401 of the Arkansas Rules of Evidence defines “relevant evidence” as “evidence Cite as 2015 Ark.

2013She contends that this testimony was relevant to show that Josh’s job as a firefighter, rather than his family, was his “top priority” and had “significantly interfered with the family dynamics.” She further claims that it was “very relevant” as to Josh’s character “if he could not even take off work for the birth of his own child when he knew 2 Cite as 2013 Ark.

2010See Davis v. State, 325 Ark. 96 , 925 S.W.2d 768 (1996); Parkerson v. Arthur, 83 Ark.

2008Id. at 224 , 238 S.W.3d at 920 .

2008Id. at 224 , 238 S.W.3d at 920 .

2005This court stated in Parker v. State, 333 Ark. 137 , 968 S.W.2d 592 (1998), that under Rule 702, the trial court must determine whether the evidence is likely to confuse or mislead the jury.

2005This court stated in Parker v. State, 333 Ark. 137 , 968 S.W.2d 592 (1998), that under Rule 702, the trial court must determine whether the evidence is likely to confuse or mislead the jury.

2001Id.

2001Id.

1999Appellant also argues that it should be entitled to recover under the “lost-chance” theory, citing Blackmon v. Langley, 293 Ark. 286 , 737 S.W.2d 455 (1987).

1999Appellant also argues that it should be entitled to recover under the “lost-chance” theory, citing Blackmon v. Langley, 293 Ark. 286 , 737 S.W.2d 455 (1987).

1997Hill v. State, 314 Ark. at 281, 862 S.W.2d at 839 .

1996Story contends the ruling was in error and bases his arguments on Cessna Finance Corp. v. Skelton, 287 Ark. 378 , 700 S.W.2d 44 (1985), and the last sentence of subpart (3), quoted above, relating to bail bondsmen.

1996Story contends the ruling was in error and bases his arguments on Cessna Finance Corp. v. Skelton, 287 Ark. 378 , 700 S.W.2d 44 (1985), and the last sentence of subpart (3), quoted above, relating to bail bondsmen.

1995Although it is true that the constitutional prohibition against the prosecutor commenting on the right of a defendant to remain silent applies to an opening statement, see Meadows v. State, 291 Ark. 105 , 722 S.W.2d 584 (1987), this was not a comment on a refusal to testify, but rather was a reference to appellant’s flight from the State.

1995Although it is true that the constitutional prohibition against the prosecutor commenting on the right of a defendant to remain silent applies to an opening statement, see Meadows v. State, 291 Ark. 105 , 722 S.W.2d 584 (1987), this was not a comment on a refusal to testify, but rather was a reference to appellant’s flight from the State.

1995Robinson v. State, 314 Ark. 243 , 861 S.W.2d 548 (1993).

1995Robinson v. State, 314 Ark. 243 , 861 S.W.2d 548 (1993).

1989The appellee responds that in two of our cases, Cathey v. Williams, 290 Ark. 189 , 718 S.W.2d 98 (1986), and Gramling v. Jennings, 274 Ark. 346 , 625 S.W.2d 463 (1981), such a practice was followed.

1989The appellee responds that in two of our cases, Cathey v. Williams, 290 Ark. 189 , 718 S.W.2d 98 (1986), and Gramling v. Jennings, 274 Ark. 346 , 625 S.W.2d 463 (1981), such a practice was followed.

1989The appellee responds that in two of our cases, Cathey v. Williams, 290 Ark. 189 , 718 S.W.2d 98 (1986), and Gramling v. Jennings, 274 Ark. 346 , 625 S.W.2d 463 (1981), such a practice was followed.

1989The appellee responds that in two of our cases, Cathey v. Williams, 290 Ark. 189 , 718 S.W.2d 98 (1986), and Gramling v. Jennings, 274 Ark. 346 , 625 S.W.2d 463 (1981), such a practice was followed.