Opinions Delivered
September 24, 2009
Download ZIP file containing today's opinions in PDF format.
ROBERT L. BROWN, JUSTICE:
CR09-159. Diana Nichole Robertson v. State of Arkansas, from Crittenden Circuit. Affirmed. [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
08-834. Beverly Enterprises, Inc. et al. v. Valerie Keaton, Individually and as Administratrix of the Estate of Herman Johnson, from Ouachita Circuit, Sixth Division. Dismissed Without Prejudice. Wills, J., not participating. [PDF]
JIM GUNTER, JUSTICE:
CR08-1455. Robert Maldonado v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Imber, J., not participating. [PDF]
PAUL E. DANIELSON, JUSTICE:
CR08-356. Robert Lee Williams Jr. a/k/a R. J. Williams v. State of Arkansas, from Nevada Circuit. Affirmed. Gunter, J., not participating. [PDF]
ELANA CUNNINGHAM WILLS, JUSTICE:
CR08-1294. Courtney Pollard v. State of Arkansas, from Crittenden Circuit. Affirmed. [PDF]
PER CURIAM ORDERS
REVIEWS DENIED: Petitions for review were denied today in the following cases.
09-425. Patricia White v. Ralph G. King et al., from Crittenden Circuit.
09-467. J. Sky Tapp v. Lance Landers, from Independence Circuit.
09-475. Pat Salmon & Sons, Inc. v. Ricky C. Pate et al., from Workers’ Compensation Commission.
*****************************
CR09-634. Zachariah Scott Marcyniuk v. State of Arkansas, from Washington Circuit. Appellant's motion for waiver of page limit. Granted, and referred to the Committee on Professional Conduct.
CR09-703. Albert Lee Lewis, Jr. v. State of Arkansas, from Craighead Circuit, Eastern District. Petition for writ of certiorari to complete the record and for compliance with Arkansas Supreme Court Rule 4-3(h) is granted.
CR09-969. Michael Wayne Gilliland v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis Lemons to be relieved as attorney of record is granted; motion of Louis L. Loyd to be substituted as counsel is granted.
E09-80. Elinda J. Stribling v. Artie Williams, Director, Arkansas Department of Workforce Services, from Board of Review. Motion to certify to the Arkansas Supreme Court is denied.
09-619. Farmer's Union Mutual Insurance Company, Inc. v. Randall Robertson et ux., from Pope Circuit. Motion to correct the record and motion for additional time to file appellant’s brief are granted; motion to take judicial notice is denied. See per curiam this date. [PDF]
09-688. Alcoa World Alumina, LLC v. Richard Weiss, Director, Department of Finance and Administration, from Pulaski Circuit, Third Division. Motion for extension of time to file appellee's brief pending disposition of the motion for permission to file amicus brief is denied.
09-688. Alcoa World Alumina, LLC v. Richard Weiss, Director, Department of Finance and Administration, from Pulaski Circuit, Third Division. Appellee's motion for expansion of page limit. Granted five additional pages.
09-710. Newton Donald Jenkins, Jr. v. Arkansas Supreme Court Committee on Professional Conduct, an Original Action. Appellant's motion to strike. Passed until case submitted.
09-991. Scott Quality Products, Inc. v. Darrell Gaines, from Lonoke Circuit. Motion for rule on clerk is denied.
09-993. Tremayne Scoggins v. Evon M. Medlock, from Pulaski Circuit, Ninth Division. Appellee's motion to dismiss appeal is denied.
08-834. Beverly Enterprises, Inc. et al. v. Valerie Keaton, from Ouachita Circuit. Joint motion to take judicial notice of partial settlement. Moot.
09-1032. Stacy Shunta Abram, IV v. Crittenden County Circuit Court, from Crittenden Circuit. Emergency petition for writ of habeas corpus, mandamus and/or certiorari is denied.
09-1032. Stacy Shunta Abram, IV v. Crittenden County Circuit Court, from Crittenden Circuit. Pro se petition for writ of habeas corpus is denied.
CR88-05. Milton Jasper Jones v. State of Arkansas, from Jefferson Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. [PDF]
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Pro se petition to reinvest jurisdiction in trial court to consider a petition for writ of error coram nobis denied; motion to supplement record and petition for writ of mandamus moot. See per curiam this date. [PDF]
CACR07-1292. Michael Lee Layton v. State of Arkansas, from Columbia Circuit. Pro se motion for photocopy of mandate at public expense. Motion denied. See per curiam this date. [PDF]
CR09-374. Tywan Winston v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant’s pro se motion for permission to file pro se brief and appellee’s motion for stay of brief time. Appellant’s motion denied; appellee’s motion granted. See per curiam this date. [PDF]
CR09-389. Manuel Enrique Camacho v. State of Arkansas, from Benton Circuit. Pro se motion for extension of brief time. Motion moot. See per curiam this date. [PDF]
CR09-389. Serafin Sandoval-Vega v. State of Arkansas, from Benton Circuit. Pro se motion for extension of brief time. Motion moot. See per curiam this date. [PDF]
CR09-447. Willie Ray Ester v. State of Arkansas, from Cleveland Circuit. Pro se motion for belated appeal. Motion treated as motion for rule on clerk and denied. See per curiam this date. [PDF]
CR09-502. George E. French v. State of Arkansas, from Saline Circuit. Pro se petition for writ of mandamus and motions for extension of time to file appellant’s brief and for appointment of counsel. Petition for writ of mandamus treated as motion for writ of certiorari and denied; appeal dismissed; motions moot. See per curiam this date. [PDF]
CR09-545. Richard Donnell George v. State of Arkansas, from Miller Circuit. Pro se petition for review and motion for release on bond. Petition dismissed; motion moot. See per curiam this date. [PDF]
09-398. Donald Ray Peterson v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motions for extension of time to file appellant’s brief and for appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. [PDF]
09-414. Lewis James White v. Larry Norris, Director, Arkansas Department of Correction,
from Chicot Circuit. Pro se motions for supplemental addendum for reply brief and for extension of time to file reply brief. Appeal dismissed; motions moot. See per curiam this date. [PDF]
09-954. Edward Loveless v. Honorable Russell Rogers, Circuit Judge, from Pope Circuit. Pro se petition for writ of mandamus and designation of transcript. Petition and designation of transcript moot. See per curiam this date. [PDF]
08-923. In Re: Electronic Discovery and Adoption of Rule of Civil Procedure 26.1. See per curiam this date. [PDF]
In Re: Rules of the Supreme Court and Court of Appeals, Rules 4-8 and 6-7 and Rules of Appellate Procedure - Civil, Rule 6. See per curiam this date. [PDF]
In Re: Proposed Administrative Order Number 21 - Electronic Filing. See per curiam this date. [PDF]
In Re: Supreme Court Committee on Civil Practice. See per curiam this date. [PDF]
Hon. Earnest Brown, Circuit Judge, of Pine Bluff, Hon. James Moody,
Circuit Judge, of Little Rock, Michelle Ator, Esq., of Little Rock, Hani Hashem, Esq., of Monticello, and Brandon Harrison, Esq., of Jonesboro are appointed to the Civil Practice Committee for three-year terms to expire on July 31, 2012. We thank them for their willingness to serve on this important committee.
We designate Constance Clark, Esq., of Fayetteville, a current member of the committee, to serve as the chairperson and thank her for assuming these duties. She replaces Judge Henry Wilkinson, Circuit Judge Retired, who has ably chaired this committee for several years, and the court expresses its appreciation to him for his service to the committee and the judiciary.
The court expresses its gratitude to Judge Don Glover of McGehee, Judge Richard Moore of Little Rock, Judge Randy Philhours of Paragould, and Mariam Hopkins, Esq., of Little Rock, whose terms have expired, for their years of valuable service to this committee.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
09-476. W. E. Pender & Sons, Inc. v. Burton Lee, from Perry Circuit.
09-478. William Bean v. Global Geophysical Services et al., from Workers' Compensation Commission.
09-487. Bobby Stewart v. Arkansas Glass Container et al., from Workers' Compensation Commission.
09-499. Harold Crane v. Melissa Taliaferro, from Searcy Circuit.
09-517. North Little Rock School District et al. v. Cindy Lybarger et al., from Workers' Compensation Commission.
*****************************
CR08-693. Joshua Leallen Lofton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to release and retain exhibits attached to appeal transcript and for expedited consideration.
CR08-1146. Kenneth Ray Osburn v. State of Arkansas, from Ashley Circuit. Appellee’s motion to recall the mandate.
CR09-625. Wardell Newsome II v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief.
CA08-1516. Rick Doss v. Carrie Miller, from Fulton Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court.
08-73. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Oscar Stilley, Arkansas Bar No. 91096, an Original Action. Respondent’s motion for stay of briefing.
08-144. Edward Loveless v. Roy Agee, Arkansas Department of Correction Keeper of Records et al. from Jefferson Circuit. Pro se motion to expedite motion for injunction.
08-144. Edward Loveless v. Roy Agee, Arkansas Department of Correction Keeper of Records et al., from Jefferson Circuit. Pro se motion for injunction.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Resubmission of motion of A.R. Mays Construction Co. to dismiss designated cross-appeal of plaintiff-appellants.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Resubmission of motion of appellee Atlas Construction of Arkansas, LLC to dismiss designated cross-appeal of plaintiff-appellants.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Resubmission of motion of Arkansas Western Gas to join motion of A.R. Mays Constuction Co. to dismiss designated cross-appeal of plaintiff-appellants.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Resubmission of motion of L&L Plumbing & Heating to adopt motion of A.R. Mays Construction and Atlas Construction of Arkansas to dismiss designated cross-appeal of plaintiff-appellants.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Resubmission of motion of Architecture Design & Development and Thomas O'Neill to dismiss designated cross-appeal of plaintiff-appellants.
09-532. Harold Davy Cassell v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Appellant's motion for rule on clerk.
09-553. Chubb Lloyds Insurance Company of Texas et al. v. Miller County Circuit Court et al., from Miller Circuit. Respondents' second motion to supplement the record and notice of filing.
09-665. Rosemarie Clampitt v. James P. Geurin et ux., from Garland Circuit. Appellant's motion for leave to file extended brief.
09-705. Perry L. Linder et ux. v. Arkansas Midstream Gas Services Corp., from Cleburne Circuit. Appellee's motion to amend and supplement the record on appeal.
09-812. Harvey Edwards v. City of Jonesboro et al., from Craighead Circuit, Western District. Appellant’s request to reconsider denial of motion for rule on the clerk.
09-980. United Farms, Inc. et al. v. Honorable James M. Moody, Jr., Circuit Judge, from Pulaski Circuit, Third Division. Petition for writ of certiorari.
09-980. United Farms, Inc. et al. v. Honorable James M. Moody, Jr., Circuit Judge, from Pulaski Circuit, Third Division. David Yocum IV's motion to dismiss petition for writ of certiorari.
09-980. United Farms, Inc. et al. v. Honorable James M. Moody, Jr., Circuit Judge, from Pulaski Circuit, Third Division. Baxter Land Company, Inc.'s; Jeff Baxter's; Friday, Eldredge & Clark LLP's; Frank Pugh's; and Tom Pugh's motion to dismiss petition for writ of certiorari.
09-998. David Ashcroft v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellee's motion to dismiss appeal.
SUBMISSIONS
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Argued orally.
CR08-1463. Chor J. Phavixay v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CR08-1504. Lloyd Chester Foster v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR09-51. Amanda Gail Holt v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR09-95. Kevin L. Banks v. State of Arkansas, from Pulaski Circuit, First Division.
CR09-153. State of Arkansas v. Sterling Weatherspoon, from Jefferson Circuit.
CR09-265. Vance B. Rollins, Jr. v. State of Arkansas, from Perry Circuit.