Cyphers v. United Parcel Serv. (Meads, J.) CA98-498

Worker's compensation -- Attendance at deposition or hearing; not independent medical examination exempt from WCC Rule 30; Commission erred in refusing to issue subpoena; reversed and remanded. [HTML, WP5.1]

Lindsey v. State (Roaf, J.) CACR99-558

Evidence -- Circumstantial evidence; insufficient evidence that appellant was in actual possession of stolen vehicle. [HTML, WP5.1]

Watts v. State (Stroud, J.) CACR98-690

Substituted opinion handed down January 5, 2000, and appears in syllabus that date. [HTML, WP5.1]

Wimbley v. State (Crabtree, J.) CACR99-434

Criminal procedure -- Traffic stop valid; subsequent search exceeded officer's authority; motion to suppress should have been granted; conviction and sentence reversed. [HTML, WP5.1]

Beech v. Crawford, CA 99-384 (Pittman, J.), affirmed November 10, 1999.

Brooks v. Shepherd, CA 98-1526 (Hays, S.J.), affirmed as modified November 10, 1999.

Cotner v. Hartford Sch. Dist., CA 99-128 (Stroud, J.), affirmed November 10, 1999.

Cox v. Forrest City Housing, CA 99-261 (Hart, J.), affirmed November 10, 1999.

Dave's Transmission v. Humphries, CA 99-192 (Robbins, C.J.), affirmed November 10, 1999.

Dillard v. State, CA CR 98-1083 (Neal, J.), affirmed November 10, 1999.

Dwyer v. State, CA CR 99-489 (Meads, J.), affirmed November 10, 1999.

Foust v. Wal-Mart Stores, Inc., CA 99-213 (Jennings, J.), affirmed November 10, 1999.

Hall v. State, CA CR 98-1537 (Robbins, C.J.), affirmed November 10, 1999.

Hearn v. Arkansas Burial Ass'n Bd., CA 98-1439 (Hays, S.J.), affirmed November 10, 1999.

Hearn v. State, CA CR 99-45 (Griffen, J.), affirmed November 10, 1999.

Jackson v. State, CA CR 99-232 (Griffen, J.), affirmed November 10, 1999.

Redwine v. Jones, CA 99-91 (Hays, S.J.), affirmed on appeal and cross-appeal November 10, 1999.

Starks v. State, CA CR 99-137 (Rogers, J.), affirmed November 10, 1999.

Stewart v. State, CA CR 99-188 (Rogers, J.), affirmed November 10, 1999.

United States Fidelity & Guar. Co. v. Triple H Elec. Co., CA 99-245 (Roaf, J.), affirmed November 10, 1999.

Century Flooring v. Director of Labor, E 99-150, November 10, 1999.

Davenport v. Director of Labor, E 99-141, November 10, 1999.

Green v. Director of Labor, E 99-145, November 10, 1999.

Grimes v. Director of Labor, E 99-149, November 10, 1999.

Herring v. Director of Labor, E 99-138, November 10, 1999.

Krutz v. Director of Labor, E 99-151, November 10, 1999.

Moore v. Director of Labor, E 99-153, November 10, 1999.

Murphy v. Director of Labor, E 99-137, November 10, 1999.

Prince v. Director of Labor, E 99-148, November 10, 1999.

Reaves v. Director of Labor, E 99-144, November 10, 1999.

Washington v. Director of Labor, E 99-140, November 10, 1999.

Wright v. Director of Labor, E 99-132, November 10, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-1537. Larry Hall v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen, J., and Hays, S.J., agree. (2 PAGES UNPUBLISHED)

CA99-192. Dave's Transmission v. Herb Humphries, from Saline Circuit. Affirmed. Griffen, J., and Hays, S.J., agree. (4 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CA99-384. Arthur Beech v. Charles E. Crawford, from Pulaski Circuit, Third Division. Affirmed. Jennings and Roaf, JJ., agree. (2 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CA99-261. James Paul Cox, Sr. v. Forrest City Housing, from Workers' Compensation Commission. Affirmed. Crabtree and Meads, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CA99-213. Gary Foust v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CACR99-137. Michael D. Starks v. State of Arkansas, from Chicot Circuit. Affirmed. Meads and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CACR99-188. Louis Eddie Stewart v. State of Arkansas, from Greene Circuit. Affirmed. Meads and Roaf, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR98-690. Frank Watts, II v. State of Arkansas, from Pulaski Circuit, First Division. Reversed and Dismissed. Crabtree and Meads, JJ., agree. (9 PAGES PUBLISHED)  Substituted opinion handed down January 5, 2000, and appears in syllabus that date. [HTML, WP5.1]

CA99-128. Frances Cotner v. Hartford School District, from Sebastian Circuit. Affirmed. Bird and Neal, JJ., agree. (5 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-1083. Leslie T. Dillard v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Stroud, JJ., agree. (5 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR99-45. John E. Hearn v. State of Arkansas, from Clark Circuit. Affirmed. Rogers, J., agrees. Hart, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED)

CACR99-232. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR99-434. Frank Wimbley v. State of Arkansas, from Mississippi Circuit. Reversed. Hart and Meads, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-489. Joseph John Dwyer v. State of Arkansas, from Baxter Circuit. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

CA98-498. Rebekah Priest Cyphers v. United Parcel Service, from Workers' Compensation Commission. Reversed and Remanded. Hart and Crabtree, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-558. John Lindsey v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Pittman and Jennings, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-245. United States Fidelity & Guaranty Company and Structural Systems, Inc. v. Triple H Electric Company, from Grant Circuit. Affirmed. Pittman and Jennings, JJ., agree.(5 PAGES UNPUBLISHED)

STEELE HAYS, SPECIAL JUDGE:

CA98-1439. Roy Hearn v. Arkansas Burial Association Board, from Jefferson Circuit. Affirmed. Robbins, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED)

CA98-1526. Ricky Brooks v. Michelle Brooks Shepherd, from Craighead Chancery. Affirmed as Modified. Robbins, C.J., and Griffen, J., agree. (11 PAGES UNPUBLISHED)

CA99-91. May Joyce Redwine v. Rex Jones and Sharon K. Jones, from Randolph Chancery. Affirmed on Appeal and Cross-Appeal. Robbins, C.J., and Griffen, J., agree. (7 PAGES UNPUBLISHED)

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

E99-132. Britt B. Wright v. Director et al.

E99-137. Janice M. Murphy v. Director et al.

E99-138. Brenda J. Herring v. Director et al.

E99-140. Adanah L. Washington v. Director et al.

E99-141. Phyllis K. Davenport v. Director et al.

E99-144. Lucinda R. Reaves v. Director et al.

E99-145. Brandie Green v. Director et al.

E99-148. Vicki L. Prince v. Director et al.

E99-149. Leslie R. Grimes v. Director et al.

E99-150. Century Flooring v. Director et al.

E99-151. Deborah R. Krutz v. Director et al.

E99-153. Connie Lynn Moore v. Director et al.

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

CA98-1516. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit.

CA99-236. Daryl Byrum v. Winrock Development Company et al., from Pulaski Circuit, Second Division.

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CACR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Motion of C. Richard Lippard for attorney's fees is granted. Allowed $750.00.

CACR99-208. Thomas Hill v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees is granted. Allowed $600.00.

CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to relieve counsel and to proceed pro se is passed until case is submitted.

CACR99-1018. Joshua Lee Vanesch v. State of Arkansas, from Van Buren Circuit. Appellant's pro se motion for appointment of counsel and for brief time is granted. Charles Kester is appointed to represent appellant.

CA99-908. B&H Associates, Inc. v. First National Bank of Wynne, from Cross Circuit. Appellee's motion to dismiss appeal is granted.

CA99-914. Dorothy Wood v. Arkansas Department of Human Services, from Independence Chancery. Appellee's motion to supplement the record and to stay brief time is denied. Appellee's brief due December 10, 1999.

CA99-1024. Cindy Reaves v. Farm Bureau Mutual Insurance Company of Arkansas, from Desha Circuit, Arkansas City District. Appellee's motion to dismiss appeal is denied.

CA99-1080. Louise I. Garrett v. Rita Sue Miller et al., from Clay Circuit, Western District. Appellant's motion to supplement the record is granted. Record deemed supplemented.

PETITIONS FOR REHEARING:

CACR99-189. George Mathias Koch v. State of Arkansas, from Logan Circuit, Northern District.

CA99-168. Pocahontas Federal Savings & Loan v. J.T. White Hardware & Lumber Company, from Greene Chancery.

CA99-253. Cary C. Elliott v. Terra International, Inc., from Mississippi Circuit, Chickasawba District.

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CACR98-186. Pierre Weaver v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Stephen G. Hough for reconsideration of attorney's fees.

CACR98-1460. Billy Ray Perry v. State of Arkansas, from Clark Circuit. Motion of Larry W. Horton for attorney's fees.

CACR98-1501. Emanuel Sullivan v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for attorney's fees.

CACR99-79. Theodis LaGrone, Jr. v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR99-252. Teresa Lynn Watson v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees.

CACR99-390. Kevin Lynn Allen v. State of Arkansas, from Grant Circuit. Motion of Joe Kelly Hardin for attorney's fees.

CACR99-483. William Dale Hawkins v. State of Arkansas, from Washington Circuit. Appellant's motion for brief time.

CACR99-921. Eric Fobbs v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for transcript and for brief time.

CACR99-1014. Larry Howard v. State of Arkansas, from Boone Circuit. Motion of James P. Clouette to be substituted as counsel for appellant.

CACR99-1017. William Joe Davidson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Dennis Molock to substitute Alvin Schay as attorney for appellant.

CA99-56. Rita R. Carter v. William Green et al., from Garland Chancery. Appellees' motion for attorney's fees and costs.

CA99-336. David P. Rowlett v. Laura Bunton, from Carroll Chancery, Eastern District. Appellant's motion for attorney's fees and costs.

CA99-488. Jarvis Moore v. State of Arkansas, from Crittenden Chancery. Appellee's motion to dismiss appeal.

CA99-686. Manual Romero v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Appellant's pro se motion to reinstate appeal.

CA99-692. Neosho Construction Company, Inc. v. Weaver-Bailey Contractors, Inc., from Pulaski Circuit, Fifth Division. Appellant's motion for oral argument.

CA99-845. Paul White v. Cooper Tire & Rubber Company, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA99-1032. Dionne McClain-Snowden et al. v. Glinder Riggins, Administratrix, from Union Probate. Appellee's motion to stay appeal and for brief time.

CA99-1056. Ronnie J. Nixon v. Lindsey Management Company et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

CACR98-935. Cephas B. Brewer v. State of Arkansas, from Benton Circuit. Argued orally.

CACR99-367. Morrell L. Sanders v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-390. Kevin Lynn Allen v. State of Arkansas, from Grant Circuit.

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit.

CACR99-416. Sylvester Hatley v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-446. Darrell Robinson v. State of Arkansas, from Conway Circuit.

CACR99-498. Marlon Patterson v. State of Arkansas, from Pulaski Circuit.

CACR99-520. Maurice Ray v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA99-114. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit.

CA99-238. Alan Ray Arrington v. Brenda L. Ramsey (Arrington), from Pope Chancery.

CA99-305. Eugene Ryan v. Debra Reynolds, from Pulaski Circuit, Fifth Division.

CA99-333. Daniel Black Dillard v. Lynda Pickler et al., from Lafayette Chancery.

CA99-336. David P. Rowlett v. Laura Bunton, from Carroll Chancery, Eastern District.

CA99-372. Charles Frances v. Gaylord Container Corporation et al., from Workers' Compensation Commission.

CA99-382. James Meadors v. Arkadelphia School System, from Clark Chancery.

CA99-397. Keith Pace v. Tommy Castleberry, from Bradley Circuit.

CA99-410. Roxanne Fox v. Glen Fox, from Columbia Chancery.

CA99-414. Mark E. Craft v. Anna Hawkins, from Clay Probate, Western District.

CA99-423. Pamela Hoots (Williams) v. Gary Hoots, from St. Francis Chancery.

CA99-429. Jacob Fergusson v. State of Arkansas, from Pulaski Chancery, Tenth Division.

CA99-461. Billy Lloyd v. Georgia-Pacific Corporation, from Workers' Compensation Commission.

CA99-490. Brenda Benton v. Cooper Industrial Products, from Workers' Compensation Commission.

CA99-625. Paul Daniel Walters v. Carol Lynn Walters, from Sebastian Chancery, Fort Smith District.

CA99-662. William E. Eddings, Jr. v. Iva Dametra Eddings (Helms), from Mississippi Chancery, Osceola District.