Opinions Delivered
October 1, 2009
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JIM HANNAH, CHIEF JUSTICE:
CR08-1463. Chor J. Phavixay v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. [PDF]
CR09-106. Marcha Jarmane Smith v. State of Arkansas, from Jefferson Circuit. Affirmed. [PDF]
DONALD L. CORBIN, JUSTICE:
CR08-1504. Lloyd Chester Foster v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. [PDF]
08-1099. John H. Bayird, as Administrator for the Estate of Mamie Elliott, Deceased v. William Floyd; Beverly Etnerprises, Inc.; Beverly Health and Rehabilitation Services, Inc.; Beverly Enterprises-Arkansas, Inc. d/b/a Beverly Healthcare-Monticello; XL Insurance, Inc.; and XL Insurance (Bermuda) Ltd., from Drew Circuit. Affirmed. [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
CR08-1308. Joe Lester Cantrell v. State of Arkansas, from Perry Circuit. Affirmed. [PDF]
08-811. Justin Bryan; J&L Construction v. City of Cotter; City of Gassville; Garver, Inc.; Grubbs, Hoskyn, Barton & Wyatt, Inc., from Pulaski Circuit, Second Division. Affirmed in Part, Reversed and Remanded in Part. [PDF]
JIM GUNTER, JUSTICE:
08-1089. Bernice McWhorter v. Gene McWhorter, from Phillips Circuit. Affirmed. Corbin, Imber, and Danielson, JJ., dissent. [PDF]
PAUL E. DANIELSON, JUSTICE:
CR09-153. State of Arkansas v. Sterling Weatherspoon, from Jefferson Circuit. Appeal Dismissed. [PDF]
PER CURIAM OPINION:
CR08-561. Tyrone Lanell Johnson v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. [PDF]
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
09-476. W. E. Pender & Sons, Inc. v. Burton Lee, from Perry Circuit.
09-487. Bobby Stewart v. Arkansas Glass Container et al., from Workers' Compensation Commission.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
09-478. William Bean v. Global Geophysical Services 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.
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CR02-811. Rickey D. Newman v. State of Arkansas, from Crawford Circuit. Motion to substitute counsel is denied.
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. Granted upon substitution of copies.
CR08-1146. Kenneth Ray Osburn v. State of Arkansas, from Ashley Circuit. Appellee’s motion to recall the mandate is granted.
CR09-625. Wardell Newsome II v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief is granted.
CA08-1516. Rick Doss v. Carrie Miller, from Fulton Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court is denied.
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. Extension granted to December 31, 2009.
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 is denied.
09-532. Harold Davy Cassell v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Motion for rule on clerk is granted.
09-553. Chubb Lloyds Insurance Company of Texas et al. v. Miller County Circuit Court et al., from Miller Circuit. Petitioners’ motion to supplement the record. Moot.
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 is granted.
09-665. Rosemarie Clampitt v. James P. Geurin et ux., from Garland Circuit. Appellant's motion for leave to file extended brief is denied.
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 is granted. Imber, J., not participating.
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 is denied. Gunter, Danielson, and Wills, JJ., would grant.
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 is denied.
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. Moot.
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. Moot.
09-998. David Ashcroft v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion to dismiss denied; motion for belated appeal granted. See per curiam this date. [PDF]
CR08-1481. Jessie Lloyd Misskelley, Jr. v. State of Arkansas, from Clay Circuit, Western District; CR08-1493. Damien Wayne Echols v. State of Arkansas, and CR09-60. Charles Jason Baldwin v. State of Arkansas, from Craighead Circuit, Western District. Remanded to settle the record. See per curiam this date. Danielson, J., dissents. Wills, J., not participating. [PDF]
CR95-428. Jon Mills a/k/a John Mills v. State of Arkansas, from Saline Circuit. Pro se petition to reinvest jurisdiction in trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. [PDF]
CR02-90. Eric Burgie v. State of Arkansas, from Garland Circuit. Pro se motion and supplemental motion for reconsideration of denial of petitions to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motions denied. See per curiam this date. [PDF]
CR08-1370. John Lamb v. State of Arkansas, from Greene Circuit. Pro se motion for reconsideration of motion to proceed with appeal of order. Motion for reconsideration denied. See per curiam this date. [PDF]
CR09-335. Michael D. Dunlap v. State of Arkansas, from Ouachita Circuit. Pro se motions for extension of time to file appellant’s brief. Motions granted. See per curiam this date. [PDF]
CR09-428. Theodore Anderson v. State of Arkansas, from Saline Circuit. Pro se motion for extension of time to file appellant’s brief and pro se motion to dismiss without prejudice. Appeal dismissed; motions moot. See per curiam this date. [PDF]
CR09-490. Michael L. Douglas v. State of Arkansas, from Drew Circuit. Pro se motion for belated appeal or rule on clerk. Motion treated as motion for belated appeal and dismissed. See per curiam this date. [PDF]
08-554. James R. Munson v. Arkansas Department of Correction Sex Offender Screening and Risk Assessment Committee, from Pulaski Circuit, Fifth Division. Pro se motion to supplement the record. Motion denied. See per curiam this date. [PDF]
08-1292. Patrick L. Sherman v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se petitions and amended petition for writ of mandamus. Petitions and amended petition for writ of mandamus treated as motions for reconsideration of dismissal of appeal and denied. See per curiam this date. [PDF]
09-416. Marlon A. Pineda v. Larry Norris et al., from Chicot Circuit. Pro se motion for extension of time to file appellant’s brief. Appeal dismissed; motion moot. See per curiam this date. [PDF]
09-417. Isaac Russell v. Larry Norris, from Chicot Circuit. Pro se motion for reconsideration of dismissal of appeal and motions to amend motion for reconsideration and to resubmit. Motion to resubmit granted; motion for reconsideration denied; motion to amend moot. See per curiam this date. [PDF]
09-423. Frank Watts II v. Larry Norris, Director, Arkansas Department of Correction, and Mark Cashion, Warden, Delta Regional Unit, from Chicot Circuit. Pro se motion for reconsideration of denial of motion for belated appeal. Motion denied. See per curiam this date. [PDF]
09-602. Willie G. Davis, Jr. v. Honorable Jodi Raines Dennis, Circuit Judge, from Jefferson Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. [PDF]
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
09-590. J. Somers Matthews v. Katherine Matthews, from Pulaski Circuit, Seventeenth Division.
09-597. Nationwide Assurance Company v. Michael Lobov, from Washington Circuit.
09-746. Melissa Carol Thetford v. Electric Cowboy, Inc. et al., from Workers’ Compensation Commission.
09-760. Heather Michelle Ussery v. Buddy Michael Ussery, from Pulaski Circuit, Seventeenth Division.
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CR08-262. Willie Clarence McLeod v. State of Arkansas, from Crittenden Circuit. Appellant's motion for extension of time to file substituted brief.
CR08-1460. Wesley Barringer v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari to complete the record.
CR08-1493. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion for permission to file an amicus curiae brief by the Center on Wrongful Convictions of Youth and the National Association of Criminal Defense Lawyers.
CR09-761. Patricia McClanahan v. State of Arkansas, from Scott Circuit. Appellee's motion to file a supplemental brief.
CR09-788. Robert D. Loggins v. State of Arkansas, from Union Circuit. Motion of Lea Ellen Fowler for entry of appearance and substitution of counsel.
CR09-788. Robert D. Loggins v. State of Arkansas, from Union Circuit. Motions of Robert N. Jeffrey for reconsideration of motion to withdraw as counsel, substitution of other counsel, to stay briefing schedule or to extend time for filing brief.
CACR09-817. James Michael McKim v. State of Arkansas, from Saline Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court.
CR09-911. Kimberly Ann Webb v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Resubmission of motion to waive filing fee.
CR09-1021. Dorothy Brown v. Phillips County Circuit Court, from Phillips Circuit. Petition for extraordinary writ; writ of prohibition or alternatively, petition for writ of certiorari, stay, and expedited hearing.
09-408. Monte Red et ux. v. U. S. Bank, from Saline Circuit. Appellee's motion to dismiss.
09-443. Arkansas Judicial Discipline and Disability Commission v. Honorable L.T. Simes, Circuit Judge, an Original Action. Resubmission of motion to strike extraneous material from the record.
09-668. John David Terry v. John A. White et al., from Washington Circuit. Appellant's motion to dismiss appeal.
09-684. John Doe et al. v. Stark Ligon, in his capacity as Director of the Arkansas Supreme Court Committee on Professional Conduct et al., an Original Action. Joint petition for writ of certiorari.
09-1003. M.M. v. State of Arkansas, from Pulaski Circuit, Tenth Division. Appellant’s motion to dismiss appeal.
SUBMISSIONS
CR09-321. David Craig Whitham v. State of Arkansas, from Faulkner Circuit.
CR09-339. Adam Davis, Jr. v. State of Arkansas, from Garland Circuit.
CR09-365. Joseph F. Rounsaville v. State of Arkansas, from Lonoke Circuit.
08-1436. Sondra Jones v. Norma Owen et al., from Sebastian Circuit, Fort Smith District.
09-443. Arkansas Judicial Discipline and Disability Commission v. Hon. L.T. Simes, Circuit Judge, an Original Action.
09-479. Arkansas Department of Human Services v. Tammy Denmon, from Grant Circuit.