Opinions delivered
November 12, 2009
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JIM HANNAH, CHIEF JUSTICE:
09-141. The Ralph Loyd Martin Revocable Trust Declaration Dated the First Day of April 1994; Ralph Loyd Martin, Trustee of the Ralph Loyd Martin Revocable Trust Declaration Dated the First Day of April 1994; the Festus Mary Martin Revocable Trust Declaration Dated the First Day of April 1994; and Festus Mary Martin, Trustee of the Festus Mary Martin Revocable Trust Declaration Dated the First Day of April 1994 v. Arkansas Midstream Services Corporation, from White Circuit. Appeal Dismissed Without Prejudice.
Imber, J., not participating. [PDF]
DONALD L. CORBIN, JUSTICE:
08-1492. State of Arkansas v. R.H., from Pulaski Circuit, Tenth Division. Appeal Dismissed Without Prejudice. [PDF]
ROBERT L. BROWN, JUSTICE:
09-22. Brandy Mae Duncan v. Jeremy Scott Duncan, from White Circuit. Remanded to Court of Appeals. Hannah, C.J., not participating. [PDF]
PAUL E. DANIELSON, JUSTICE:
CR08-1259. Gregory Christopher Decay v. State of Arkansas, from Washington Circuit. Affirmed. Brown, J., concurs. [PDF]
08-740. Christopher Wayne Roberts v. Robin Yanyan Roberts, from Pulaski Circuit, Seventeenth Division. Circuit Court Affirmed; Court of Appeals Affirmed. [PDF]
ELANA CUNNINGHAM WILLS, JUSTICE:
CR09-519. Ramon Williamson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. [PDF]
PER CURIAM OPINION:
CR08-841. Kenneth Allan Britt v. State of Arkansas, from Lonoke Circuit. Affirmed. [PDF]
PER CURIAM ORDERS
REVIEW DENIED: Petition for review was denied today in the following case.
09-1080. Gary Painter and Norma Painter v. Bethany Kerr, from Benton Circuit.
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CR09-632. Lee A. Croy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for leave to file motion to withdraw ex parte and under seal is denied.
CR09-632. Lee A. Croy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to stay proceedings, or alternatively, for brief time. Granted additional forty-five days; final extension.
CR09-632. Lee A. Croy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for appointment of counsel. Moot.
09-1140. Dennis Keith Hodges et al. v. Direct National Insurance Company, from Pulaski Circuit, Sixth Division. Motion to dismiss appeal. Motion granted. See per curiam this date. [PDF]
CR09-410. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Special master appointed. See per curiam this date. [PDF]
CA09-304. Willis B. Smith, Jr. et ux. v. Arkansas Public Service Commission et al., from Arkansas Public Service Commission. Appellants’ motion to consolidate appeals. Referred to the Court of Appeals. Gunter, J., not participating.
CA09-283. Donald R. Johnson et al. v. Arkansas Public Service Commission et al., from Arkansas Public Service Commission. Appellants’ motion to consolidate appeals. Referred to the Court of Appeals. Gunter, J., not participating.
CA09-385. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission, from Arkansas Public Service Commission. Motion to separate Arkansas Public Service Commission dockets filed jointly on appeal. Referred to the Court of Appeals. Gunter, J., not participating.
CR09-77. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to advance case to submission for decision is granted.
CR09-823. Jason Lee Taylor v. State of Arkansas, from Saline Circuit. Motion to withdraw as counsel of record is denied.
09-834. Arkansas Media, LLC et al. v. Max E. Bobbitt et al., from Pulaski Circuit, Sixth Division. Appellants’ motion for oral argument is denied.
09-894. Patrick Devenish v. Hellene Devenish, from Benton Circuit. Appellant's motion to dismiss appeal is granted.
09-1040. Swift Transportation Company, Inc. v. Joseph Turner, from Drew Circuit. Appellee's motion to withdraw petition for review is granted.
09-1165. Southern Farm Bureau Casualty Insurance Company, Inc. v. Rebecca B. Krouse, from Columbia Circuit. Petition for writ of certiorari to complete the record is denied. See Rule 5(b)(3); Coggins v. Coggins, 353 Ark. 431, 108 S.W.3d 588 (2003).
09-1174. Jeff Butcher v. Honorable Gary Ray Cottrell, Circuit Judge, from Crawford Circuit. Petition for writ of mandamus is denied.
CACR03-1127. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, First Division. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. [PDF]
CR09-703. Albert Lewis v. State of Arkansas, from Crittenden Circuit. Pro se motion for transcript at public expense. Motion denied. See per curiam this date. [PDF]
CR09-713. Tommy Hall v. Honorable Joe Griffin, Circuit Judge, from Miller Circuit. Pro se motion for reconsideration is denied.
CR09-1086. Robert Green, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se petition for review. Petition dismissed. See per curiam this date. [PDF]
CR09-1101. Tommy Hall v. Honorable Joe Griffin, Circuit Judge, from Miller Circuit. Pro se motion for rule on clerk to file tendered petition and amended petition for writ of mandamus without certified record is denied.
CR09-1111. Richard J. Bower, a/k/a Richard J. Bauer v. State of Arkansas, from Baxter Circuit. Pro se appeal from order denying leave to proceed in forma pauperis and motion for record for appeal. Appeal from order treated as motion to proceed in forma pauperis on appeal and granted; motion for record treated as petition for writ of certiorari and granted. See per curiam this date. [PDF]
08-1292. Patrick L. Sherman v. State of Arkansas, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition treated as a motion for reconsideration of dismissal of appeal and denied.
09-1109. David Allen Hensley v. Circuit Clerk of Lincoln County and Circuit Judge Jodi Raines Dennis, from Lincoln Circuit. Pro se motion for rule on clerk to file petition for writs of prohibition, mandamus, and certiorari without certified record is denied.
In Re: Supreme Court Committee on Automation. See per curiam this date. [PDF]
David Fuqua, Esq., of Little Rock is appointed to the Committee on Automation for a three-year term to expire October 31, 2012. We thank Mr. Fuqua for his willingness to serve on this important committee. Honorable Jay Moody, Circuit Judge, of Little Rock, Tom Leath of Conway, Vicki Asher, Garland County District Court Clerk, Linda Shields of Little Rock, and Professor Ned Snow of Fayetteville are reappointed to the Committee on Automation for three-year terms to expire October 31, 2012. We thank each of these members for their continued service.
The court thanks Karen Sharp Halbert, whose term has expired, for her service on the committee.
In Re: Arkansas Access to Justice Commission. See per curiam this date. [PDF]
Honorable Jim Spears of Fort Smith and Dean Charles W. Goldner, Jr. of Little Rock are appointed to the Arkansas Access to Justice Commission for three-year terms to expire October 15, 2012. We thank both of these members for their continued service.
In Re: Arkansas Supreme Court Committee on Security and Emergency Preparedness. See per curiam this date. [PDF]
We hereby appoint Honorable Kathleen Bell, Circuit Judge, First Judicial Circuit, and Mayor Frank Fogleman, Marion, Arkansas to the Arkansas Supreme Court Committee on Security and Emergency Preparedness.
We use this opportunity to recognize the late Judge Jim Hudson for his service to the committee. We also wish to thank Tommy Swaim, retired Mayor of Jacksonville, for his service.
Honorable Hamilton Singleton, Honorable Chaney Taylor, Pat Hannah, and Eddie Davis are reappointed to the Arkansas Supreme Court Committee on Security and Emergency Preparedness. We thank each of these members for their continued service.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit.
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PETITIONS FOR REVIEW:
09-685. Arkansas State Board of Embalmers &Funeral Directors v. Kenya Richardson et al., from Pulaski Circuit, Twelfth Division.
09-747. John Adams et ux. v. Bill Moody, from Baxter Circuit.
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CR09-833. Myka Talley v. State of Arkansas, from Miller Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(i).
CR09-833. Myka Talley v. State of Arkansas, from Miller Circuit. Appellee's motion for extension of brief time.
CR09-1182. James E. Clemons v. State of Arkansas, from Union Circuit. Motion for rule on clerk.
09-718. Hempstead County Hunting Club, Inc. et al. v. Public Service Commission et al., from Arkansas Public Service Commission. Motion of Charles Michael Turner, Donald R. Johnson, Mary D. Johnson, Willis B. Smith and Patty Smith for leave to file an amicus curiae brief in support of the appellants.
09-886. In the Matter of the Estate of Arver Hicks, Jr., Deceased, from Logan Circuit, Southern District. Motion for rule on clerk for an extension of time to return remand.
09-1192. Alfred (John) Henry Racine, III v. Helane Marie Nelson, from Pulaski Circuit, Seventeenth Division. Appellee’s motion to seal record.
SUBMISSIONS
CR08-1297. James Aaron Miller v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Argued orally.
CR09-176. Brad Singleton v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR09-629. Kenneth Lee Lawshea v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
08-1142. Robert L. Edwards v. Diane C. Edwards, from Columbia Circuit.
09-55. Lisa Pounders v. Mike Reif and Dover, Dixon, & Horne , PLLC, from Pulaski Circuit, Second Division.