Brewer v. State (Stroud, J.) CACR98-935
Criminal procedure -- Indigency; ability of bystanders to assist is not factor in determining status; motion for substitution of counsel granted. [HTML, WP5.1]

Frigon v. Frigon (Neal, J.) CA98-1241
Divorce -- Child support; no abuse of discretion in trial court's finding that withdrawals from appellant's pension plan were included as income for determining support. [HTML, WP5.1]

Langley v. State (Rogers, J.) CACR98-914
Criminal procedure --Affidavit for nighttime search warrant insufficient; reversed and remanded. [HTML, WP5.1]

Maxey v. Tyson Foods, Inc. (Bird, J.) CA98-1330
Workers' compensation -- Finding appellant not permanently and totally disabled affirmed; Commission's order that Second Injury fund is liable for wage-loss benefits reversed. [HTML, WP5.1]

Presley v. Presley (Rogers, J.) CA98-954
Parent & child -- Custody; chancellor's denial of appellant's request for change of custody not clearly erroneous. [HTML, WP5.1]

Thomsen Family Trust v. Peterson Family Enters., Inc. (Robbins, C.J.) CA98-962
Business & commercial law -- Two appellees not parties to conveyance of third appellee's stock; chancellor did not err in granting motions to dismiss; no estate in corporation acquired by virtue of stock ownership; no evidence to warrant disregarding corporate form. [HTML, WP5.1]

White v. Georgia-Pacific Corp. (Stroud, J.) CA98-1066
Workers' compensation -- Employment services not being performed at time of injury; Commission's decision affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Adams v. Adams, CA 98-987 (Rogers, J.), affirmed May 19, 1999.

Cleveland v. City of Little Rock, CA 98-1129 (Pittman, J.), affirmed May 19, 1999.

Cole v. State, CA 98-1190 (Crabtree, J.), affirmed May 19, 1999.

Colonial Life & Accident Ins. Co. v. Sisco, CA 98-751 (Jennings, J.), affirmed May 19, 1999.

Conger v. State, CA CR 98-892 (Griffen, J.), affirmed May 19, 1999.

Cox v. Jeffers, CA 98-1372 (Roaf, J.), reversed and remanded May 19, 1999.

Dillard v. State, CA CR 98-1083 (Pittman, J.), Motion of Counsel to Withdraw denied; remanded for rebriefing May 19, 1999.

Henry v. Cross, CA 98-733 (Jennings, J.), affirmed May 19, 1999.

Hobbs v. State, CA CR 98-1106 (Meads, J.), affirmed May 19, 1999.

Langston v. State, CA CR 96-1471 (Neal, J.), affirmed May 19, 1999.

Lynn v. State, CA CR 98-879 (Meads, J.), affirmed May 19, 1999.

Martin v. State, CA CR 97-1416 (Griffen, J.), affirmed May 19, 1999.

Miller v. State, CA CR 98-1257 (Robbins, C.J.), affirmed May 19, 1999.

Neal v. State, CA CR 98-1318 (Bird, J.), affirmed May 19, 1999.

Patel v. Phan, CA 98-853 (Bird, J.), affirmed May 19, 1999.

Smith, Michael v. State, CA CR 98-134 (Crabtree, J.), affirmed May 19, 1999.

Wal-Mart Stores, Inc. v. Verner, CA 98-1331 (Meads, J.), affirmed in part; reversed in part May 19, 1999.

Williams v. Clark, CA 98-1186 (Stroud, J.), affirmed May 19, 1999.

Williams v. Henry, CA 98-1047 (Pittman, J.), affirmed May 19, 1999.

CASES AFFIRMED WITHOUT OPINION

Briggs v. Director of Labor, E 99-8, May 19, 1999.

Brink v. Director of Labor, E 99-2, May 19, 1999.

Chappell v. Director of Labor, E 99-3, May 19, 1999.

Drye v. Director of Labor, E 99-4, May 19, 1999.

Fox v. Director of Labor, E 98-297, May 19, 1999.

Green v. Director of Labor, E 99-1, May 19, 1999.

Hawthorne v. Director of Labor, E 98-296, May 19, 1999.

Huffman v. Director of Labor, E 99-9, May 19, 1999.

Isom v. Director of Labor, E 99-6, May 19, 1999.

Jimerson v. Director of Labor, E 98-292, May 19, 1999.

Mensie v. Director of Labor, E 99-10, May 19, 1999.

Moore v. Director of Labor, E 98-295, May 19, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-1257. Carolyn Miller v. State of Arkansas, from Union Circuit. Affirmed. Stroud and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-962. Thomsen Family Trust, 1990, Erik Thomsen, Trustee v. Peterson Family Enterprises, Inc., Elly Von Mueller Peterson, and Elly L. Drosihn, from Lonoke Chancery. Affirmed. Stroud and Meads, JJ., agree. (7 PAGES PUBLISHED)[HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR98-1083. Leslie T. Dillard v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Counsel to Withdraw Denied; Remanded for Rebriefing. Hart and Roaf, JJ., agree. (2 PAGES UNPUBLISHED)

CA98-1047. Earl E. Williams v. Charles Henry, from Garland Chancery. Affirmed. Hart and Roaf, JJ., agree. (7 PAGES UNPUBLISHED)

CA98-1129. Jimmy L. Cleveland v. City of Little Rock, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CA98-733. Ina Mae Henry v. Gary Cross et al., from Miller Chancery. Affirmed. Rogers and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-751. Colonial Life & Accident Insurance Company v. Richard D. Sisco, from Sebastian Chancery. Affirmed. Stroud and Griffen, JJ., agree. (15 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-1318. William Avon Neal, Jr. v. State of Arkansas, from Jefferson Circuit. Affirmed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-853. B.D. Patel and B.B. Patel v. Kim Phan, from Columbia Circuit. Affirmed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-1330. Louise Maxey, Appellant, and Second Injury Fund, Cross-Appellant v. Tyson Foods, Inc., Appellee, from Workers' Compensation Commission. Affirmed on Direct Appeal; Reversed on Cross-Appeal. Neal and Crabtree, JJ., agree. (10 PAGES PUBLISHED)[HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CACR98-914. Brady Andrew Langley v. State of Arkansas, from White Circuit. Reversed and Remanded. Jennings and Griffen, JJ., agree. (5 PAGES PUBLISHED)[HTML, WP5.1]

CA98-954. Lynette Marie Presley v. Charles Edwin Presley, from Sebastian Chancery. Affirmed. Robbins, C.J., Pittman, Stroud, and Crabtree, JJ., agree. Hart, J., dissents. (4 PAGES + 5-PAGE DISSENT PUBLISHED)[HTML, WP5.1]

CA98-987. Michelle E. Adams v. Michael E. Adams, from Poinsett Chancery. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CA98-1066. Jimmy White v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Meads, J., agree. (7 PAGES PUBLISHED)[HTML, WP5.1]

CA98-1186. Steven T. Williams d/b/a Ozark Property Inspection v. Terry Clark and Suzanna Clark, Husband and Wife, from Washington Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (9 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR96-1471. Lee Allen Langston v. State of Arkansas, from Scott Circuit. Affirmed. Bird and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED)

CA98-1241. Gary Frigon v. Sue Frigon, from Jefferson Chancery. Affirmed. Bird and Stroud, JJ., agree. (6 PAGES PUBLISHED)[HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR97-1416. Keithrick Martin v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Rogers, JJ., agree. (10 PAGES UNPUBLISHED)

CACR98-892. Richard Conger v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR98-134. Michael Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-1190. Daniel Alan Cole v. State of Arkansas, Child Support Enforcement Unit, from Washington Chancery. Affirmed. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR98-879. Debbie Sue Lynn v. State of Arkansas, from Franklin Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (6 PAGES UNPUBLISHED)

CACR98-1106. Melvin Charles Hobbs v. State of Arkansas, from Desha Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (5 PAGES UNPUBLISHED)

CA98-1331. Wal-Mart Stores, Inc. v. Callie Verner, from Workers' Compensation Commission. Affirmed in Part; Reversed in Part. Robbins, C.J., and Crabtree, J., agree. (10 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CA98-1372. Jimmy Don Cox et al. v. Bobbie Jeffers et al., from Crawford Chancery. Reversed and Remanded. Pittman and Hart, JJ., agree. (8 PAGES UNPUBLISHED)

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E98-292. Tim Jimerson v. Director et al.

E98-295. Connie E. Moore v. Director et al.

E98-296. Jennifer R. Hawthorne v. Director et al.

E98-297. Tony L. Fox v. Director et al.

E99-1. Darlene Green v. Director et al.

E99-2. Brenda M. Brink v. Director et al.

E99-3. Richard Chappell v. Director et al.

E99-4. Julie K. Drye v. Director et al.

E99-6. Randy K. Isom v. Director et al.

E99-8. Tonya Briggs v. Director et al.

E99-9. Debra Huffman v. Director et al.

E99-10. William J. Mensie v. Director et al.

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

CA98-927. Judy Beaver v. Benton County Child Support Unit, from Workers' Compensation Commission.

E98-240. Eastern Personnel v. Director et al., from Board of Review.

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CACR98-935. Cephas Brewer v. State of Arkansas, from Benton Circuit. Motion of Theresa Nazario to withdraw as counsel and entry of appearance of Karen Pope Greenaway as counsel is granted. See opinion this date. Robbins, C.J., Hart, Rogers, and Griffen, JJ., dissent. (4 PAGES + 1-PAGE DISSENT + 10-PAGE DISSENT PUBLISHED)[HTML, WP5.1]

CACR98-1471. Pearl Anthony v. State of Arkansas, from Hempstead Circuit. Appellant's motion to file a belated brief is granted.

CACR98-1494. Kim Burch v. State of Arkansas, from Pope Circuit. Motion of James Dunham to be relieved as counsel for appellant and motion of Larry G. Dunklin to be substituted as counsel are granted. See Brewer v. State this date. Robbins, C.J., Hart, Rogers, and Griffen, JJ., dissent. Roaf, J., not participating.

CACR98-1506. Robert Skinner a/k/a Johnny B. Harris v. State of Arkansas, from Garland Circuit. Motion of Robert R. Cortinez, II to be substituted as counsel for appellant and appellant's motion to dismiss appeal are granted.

CACR99-211. Robert A. Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for transcript is denied. Motion for brief time is granted. Brief due in thirty days.

CACR99-311. Larry B. Jackson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for photocopies at public expense is denied.

CACR99-412. Scottie Ray Payton v. State of Arkansas, from Crawford Circuit. Motion of Jeanne E. Richards to be substituted as counsel for appellant and motion of Eddie N. Christian to be relieved as counsel are granted.

CA98-829. Triple D-R Development, LLC v. FJN Contractors, Inc., from Grant Chancery. Appellant's motion for costs is moot. Costs previously assessed in the mandate.

CA98-1053. D. Michelle White v. David Stout et al., from Benton Circuit. Appellees' motion to strike appellant's reply brief is passed until case is submitted.

CA99-114. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Appellee's motion to complete the record and to stay the briefing schedule is granted.

CA99-177. Jesse Ethan Eldridge and James Neal Eldridge v. State of Arkansas, from Pope Circuit. Motion of Robert E. Irwin to be substituted as counsel for appellants and motion for brief time and motion of James Dunham to withdraw as counsel for appellants are granted. See Brewer v. State this date. Robbins, C.J., Hart, Rogers, and Griffen, JJ., dissent.

CA99-222. Construction Services of El Dorado, L.L.C. v. Leonard C. Herring, from Union Circuit. Appellee's motion to supplement the record is granted.

CA99-241. Harold Dean Qualls v. John White, Chancellor and the University of Arkansas, Fayetteville, from Washington Circuit. Appellees' motion to certify to the Supreme Court is granted.

The following cases are dismissed for failure to file briefs.

CA98-806. Charles Foster v. Fort Smith Lumber Company, from Workers' Compensation Commission.

CA98-1005. Charlotte DePriest v. David Carruth, from Monroe Circuit.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR98-988. Bjorn Magnus Haglid v. State of Arkansas, from Washington Circuit.

CA98-1215. Gudrun Ray v. University of Arkansas, from Workers' Compensation Commission.

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CACR98-730. Gilberto Ramos v. State of Arkansas, from Washington Circuit. Motion of Charles M. Kester for attorney's fees.

CACR98-763. Angela Brown v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR98-1018. Charles Wade Erwin v. State of Arkansas, from Clark Circuit. Motion of Mark Denniston for attorney's fees.

CACR98-1035. Rushun Abdul Foster v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Gregory E. Bryant for attorney's fees.

CACR98-1043. James Patman v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-1074. Charles Larry Gaddie v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion requesting judgment and conviction be vacated and dismissed.

CACR98-1103. Johnny Rose v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees.

CACR98-1146. Wally Cory Higgins v. State of Arkansas, from Polk Circuit. Motion of Randy Rainwater for attorney's fees.

CACR98-1157. Earnest M. Criddle, Jr. v. State of Arkansas, from Phillips Circuit. Appellee's motion to strike supplemental abstract in reply brief of appellant.

CACR99-61. Ray Albert Hussey v. State of Arkansas, from Chicot Circuit. Appellee's motion to dismiss appeal.

CACR99-392. Michalangelo Reynolds v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion to file a pro se brief and motion for brief time.

CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit, Third Division. Appellant's pro se motion to recall mandate.

CA98-1307. Donnie DeVore v. Cloud Corporation, from Workers' Compensation Commission. Appellant's motion for oral argument.

CA99-57. Jefferson County Prosecuting Attorney Steve Dalrymple v. Signal Peak Enterprises et al., from Jefferson Chancery. Appellant's motion to lift stay.

CA99-108. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Appellant's motion to reinstate appeal and for new briefing schedule.

CA99-111. Thelma Ccora v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District. Appellant's motion for extension of time.

CA99-165. Joe D. Whisenhunt et al. v. Bee Branch Water Association, Inc. et al., from Van Buren Chancery. Appellants' motion to correct the record.

CA99-430. Marvin V. Carmical et ux. v. David McAfee, from White Circuit. Appellants' motion to supplement the record.

CA99-449. Ultracuts Ltd. et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellants' motion for release of sealed record for preparation of abstract.

E99-96. Kim L. Smith v. Director et al., from Board of Review. Appellant's motion to file a belated appeal.

E99-98. Bobby G. Brown v. Director et al., from Board of Review. Appellant's motion to file a belated appeal.

SUBMISSIONS

CA98-1138. Willie Spencer, Jr. et al. v. First Commercial Trust Company, N.A., from Garland Circuit. Argued orally.

CA98-1261. Vernon Wayne Williams v. Michael Thomas Barnette, from Pulaski Chancery, Third Division. Argued orally.

CA98-1495. Capitol Life & Accident Insurance Company v. Lela K. Phelps, from Sebastian Circuit. Argued orally.

CACR91-280. John Robert Martin v. State of Arkansas, from Benton Circuit.

CACR98-1018. Charles Wade Erwin v. State of Arkansas, from Clark Circuit.

CACR98-1080. Shelby John Tipton v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-1130. Jack D. Hays v. State of Arkansas, from Garland Circuit.

CACR98-1189. Len Yates v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR98-1268. Frankie Foreman v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR98-1324. Terry Foster v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-1345. Keith Lynn Hicks v. State of Arkansas, from Pope Circuit.

CA98-876. Malika L. Gray v. Winfred T. Gray, from Pulaski Chancery, Second Division.

CA98-1050. Chester Beck et al. v. Charles "Chuck" Tester et al., from Van Buren Chancery.

CA98-1161. Wanna Anderson v. Arkansas Department of Human Services, from Pulaski Circuit, Fifth Division.

CA98-1204. Carolyn Lenderman et al. v. Doris Martin et al., from Greene Chancery and Probate.

CA98-1242. Teresa (Sherrell) Vest v. Greg Sherrell, from Fulton Chancery.

CA98-1274. Billy Phillips and Tina Phillips v. Arkansas Department of Human Services, from Benton Chancery.

CA98-1296. Bonnie Jean Garrett v. James Carlos Garrett, from Pike Chancery.

CA98-1319. Julia Myers Thomas v. Paulette Thomas King, from Cross Chancery.

CA98-1323. J.C. Cash v. Federal Deposit Insurance Corporation, from Drew Circuit.

CA98-1356. Richard Hill, Jr. v. State of Arkansas, from Ouachita Circuit.

CA98-1425. Ronnie Estes v. Fordyce Picture Frame Co. Inc, from Workers' Compensation Commission.

CA98-1484. Willie Alfred Carr v. Mitchell Timber Service, Inc. et al., from Workers' Compensation Commission.

CA98-1503. G.B. v. State of Arkansas, from Clark Chancery.