Atchison v. State (Neal, J.) CACR98-1293

Criminal law -- Sentencing; trial court did not err where appellant did not object to or include presentence report in abstract. [HTML, WP5.1]

Brewer v. State (Robbins, C.J.) CACR98-935

Evidence -- Evidence sufficient to trigger pedophile exception to Ark. R. Evid. 404(b). [HTML, WP5.1]

Flowers v. Norman Oaks Constr. Co. (Neal, J.) CA99-221

Workers' compensation -- Presence of alcohol; insufficient proof to trigger rebuttable presumption; reversed and remanded. [HTML, WP5.1]

Marshall v. State (Hart, J.) CACR99-418

Constitutional law -- Miranda warning; public-safety exception applicable; convictions for aggravated robbery and theft of property affirmed. [HTML, WP5.1]

Rowlett v. Bunton (Hart, J.) CA99-336

Divorce -- Child support; inheritance not income for purposes of child support; order awarding appellee lump-sum percentage of appellant's inheritance as child support reversed. [HTML, WP5.1]

Brandon v. State, CA CR 99-267 (Crabtree, J.), dismissed December 8, 1999.

Brusstar v. Univ. of Ark., CA 99-559 (Neal, J.), affirmed December 8, 1999.

Buie v. Gov't Employees Ins. Co., CA 99-269 (Jennings, J.), affirmed December 8, 1999.

Fulton v. City of Fayetteville, CA 99-394 (Stroud, J.), affirmed December 8, 1999.

Gilchrist v. Director, E 99-177 (Hays, S.J.), reversed and remanded December 8, 1999.

Housing Auth. for the City of Trumann v. Lively, CA 99-543 (Hays, S.J.), affirmed December 8, 1999.

Kelsay v. Wise, CA 98-1487 (Meads, J.), affirmed December 8, 1999.

Lamere v. State, CA CR 99-291 (Roaf, J.), affirmed December 8, 1999.

Leath v. Leath, CA 99-229 (Griffen, J.), affirmed December 8, 1999.

Lloyd v. Georgia-Pacific Corp., CA 99-461 (Hays, S.J.), affirmed December 8, 1999.

Pedco, Inc. v. Ergo-Tech, Inc., CA 99-450 (Stroud, J.), affirmed December 8, 1999.

Plumlee v. State, CA CR 99-300 (Meads, J.), affirmed December 8, 1999.

Reed v. Watkins, CA 99-116 (Hays, S.J.), affirmed December 8, 1999.

Rivera v. Shelby Group, Inc., CA 99-479 (Pittman, J.), reversed and remanded December 8, 1999.

Rodgers v. Mid-State Trust IV, CA 98-1248 (Roaf, J.), dismissed December 8, 1999.

Wonderland Cave & Club, Inc. v. Hughes, CA 99-251 (Crabtree, J.), affirmed December 8, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-935. Cephas Brewer v. State of Arkansas, from Benton Circuit. Affirmed. Jennings and Stroud, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-479. Maria Rivera v. Shelby Group, Inc., from Workers' Compensation Commission. Reversed and Remanded. Neal and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

JOSEPHINE LINKER HART, JUDGE:

CACR99-418. Albert Beasley Marshall and Fredrick Darnell Marshall v. State of Arkansas, from Pulaski Circuit. Affirmed. Roaf, J., and Hays, S.J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-336. David P. Rowlett v. Laura Bunton, from Carroll Chancery. Reversed and Remanded. Roaf, J., and Hays, S.J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-269. Lonnie Buie v. Government Employees Insurance Company, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CA99-394. Kevin Fulton v. City of Fayetteville, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Jennings, J., agree. (4 PAGES UNPUBLISHED)

CA99-450. Pedco, Inc. v. Ergo-Tech, Inc., from Pope Circuit. Affirmed. Robbins, C.J., and Jennings, J., agree. (6 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-1293. Donald O. Atchison, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., Bird, and Crabtree, JJ., agree. Jennings, J., concurs. Griffen, J., dissents. (5 PAGES + 1-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-221. James Flowers v. Norman Oaks Construction Company, Inc., from Workers' Compensation Commission. Reversed and Remanded. Hart, Stroud, and Griffen, JJ., agree. Meads, J., concurs. Pittman, Jennings, Roaf, JJ., and Hays, S.J., dissent. (6 PAGES + 2-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-559. Lorna Terry Brusstar v. University of Arkansas, from Workers' Compensation Commission. Affirmed. Pittman and Meads, JJ., agree. (5 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CA99-229. Faye M. Leath v. Michael C. Leath, from Faulkner Chancery. Affirmed. Bird and Crabtree, JJ., agree. (13 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR99-267. Samuel Brandon v. State of Arkansas, from Lawrence Circuit. Dismissed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

CA99-251. Wonderland Cave & Club, Inc. v. Tara Hughes, from Pulaski Chancery, Second Division. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR99-300. Don Franklin Plumlee v. State of Arkansas, from Lincoln Circuit. Affirmed. Pittman and Neal, JJ., agree. (6 PAGES UNPUBLISHED)

CA98-1487. Shirley Kelsay v. Dr. Jean Wise, from Union Circuit. Affirmed. Pittman and Neal, JJ., agree. (10 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR99-291. Fred Michael Lamere v. State of Arkansas, from Saline Circuit. Affirmed. Hart, J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED)

CA98-1248. Arthur and Darnetha Rodgers v. Mid-State Trust IV et al., from Monroe Chancery. Appeal Dismissed. Hart, J., and Hays, S.J., agree. (2 PAGES UNPUBLISHED)

STEELE HAYS, SPECIAL JUDGE:

CA99-116. Kenya Reed v. Christopher A. Watkins, from Garland Circuit. Affirmed. Hart and Roaf, JJ., agree. (12 PAGES UNPUBLISHED)

CA99-461. Billy Lloyd v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-543. Housing Authority for the City of Trumann, Arkansas v. Donna Lively, from Poinsett Circuit. Affirmed. Hart and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

E99-177. William R. Gilchrist v. Director, Employment Security Department and Campbell Ford Lincoln Mercury, from Board of Review. Reversed and Remanded. Hart and Roaf, JJ., agree. 3 PAGES UNPUBLISHED)

CACR99-45. John Hearn v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar for attorney's fees is granted. Allowed $750.00.

CACR99-300. Don Franklin Plumlee v. State of Arkansas, from Lincoln Circuit. Motion of William M. Howard, Jr. for attorney's fees is granted. Allowed $750.00.

CACR99-396. Bobby Lynn Upton v. State of Arkansas, from Craighead Circuit, Western District. Motion of Val P. Price for attorney's fees is granted. Allowed $350.00.

CACR99-399. Kevin Williams v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees is granted. Allowed $650.00.

CACR99-726. Jerry Pryor v. State of Arkansas, from Howard Circuit. Appellant's motion to file belated brief is granted for thirty days.

CACR99-785. Alvin Chatt v. State of Arkansas, from Crittenden Circuit. Appellant's motion to file a belated reply brief is granted.

CACR99-911. Steve Hawkins v. State of Arkansas, from Madison Circuit. Appellee's motion to deny oral argument is denied.

CACR99-1000. Anthony Johnson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's request for appointment of substitution of counsel is denied. Appellant granted until January 7, 2000, to comply with Supreme Court Rule 4-3(j)(2). Griffen and Crabtree, JJ., would deny.

CACR99-1036. German Marroquin v. State of Arkansas, from Benton Circuit. Appellant's motion to file an enlarged brief and for brief time is granted.

CACR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit. Motion of R. David Lewis to be relieved as counsel for appellant is granted. Ms. Caroline Winningham is appointed to represent appellant.

CA98-1265. James Collins v. City of Farmington, from Workers' Compensation Commission. Appellant's motion to recall mandate and to file belated brief is denied.

CA98-1516. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion to clarify opinion concerning prejudgment interest is certified to the Supreme Court.

CA98-1516. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for attorney's fees and costs is certified to the Supreme Court.

CA99-245. United States Fidelity and Guaranty Company, Inc. et al. v. Triple H Electric Company, Inc., from Grant Circuit. Appellee's motion to remand to permit trial court to consider appellee's motion for attorney's fees and damages is denied.

CA99-459. Second Injury Fund v. Exxon Tiger Mart, Inc. et al., from Workers' Compensation Commission. Appellant's motion to withdraw motion to supplement the abstract and to stay briefing schedule is granted.

CA99-459. Second Injury Fund v. Exxon Tiger Mart, Inc. et al., from Workers' Compensation Commission. Appellant's motion to supplement the abstract and stay the briefing schedule is moot.

CA99-875. John C. Getson v. Estate of Clara Inez Getson, from Greene Probate. Appellant's petition for writ of certiorari to complete the record and for brief time is granted. Appellant's brief due within sixty days.

CA99-935. David Potter v. Margaret Magee, from Miller Circuit. Appellant's motion to file belated brief is granted. Meads, J., would deny. Appellee's motion to strike denied. Appellee's brief due within thirty days. Stroud and Crabtree, JJ., not participating.

CA99-945. Tona M. Summers Demers v. First Nationwide Mortgage Corporation, from Pulaski Chancery, Sixth Division. Appellee's motion to dismiss appeal is denied.

CA99-945. Tona M. Summers Demers v. First Nationwide Mortgage Corporation, from Pulaski Chancery, Sixth Division. Appellee's motion for stay of appeal is denied; granted thirty days brief time.

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellees' motion to dismiss appeal is denied without prejudice to raise issues in appellees' brief.

PETITION FOR REHEARING:

CA99-245. United States Fidelity & Guaranty Company, Inc. et al. v. Triple H Electric Company, Inc., from Grant Circuit.

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CACR99-291. Fred Michael Lamere v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees.

CACR99-627. Roger Don Farmer v. State of Arkansas, from Benton Circuit. Appellee's motion for extension of brief time.

CACR99-761. Martin Hinkle v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to waive abstracting requirement as to photographs.

CACR99-985. David L. Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to unseal record.

CACR99-1007. Richard L. Strong v. State of Arkansas, from Greene Circuit. Appellant's pro se motion for appointment of counsel.

CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record.

CA99-510. Wal-Mart Stores, Inc. v. Vera Elaine Godfrey, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA99-894. Lois L. Howerton v. Harp's Food Stores, Inc., from Washington Circuit. Appellant's pro se motion for brief time.

CA99-1107. Callie Ellean Mallard (now Latimer) v. Richard Fredrick Mallard, from Conway Chancery. Appellant's motion to file belated brief.

CA99-1164. Jo Ann Hoffman v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to file belated brief.

CA99-1200. Debbie Snuggs v. Griffin Electric Heating & Air, from Workers' Compensation Commission. Appellant's motion to incorporate transcript.

CA99-1355. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Probate, Sixth Division. Appellant's motion to add previously filed record to the current record.

CA99-1361. Mabel King v. J.W. Carney et al., from Jackson Circuit. Appellant's motion to consolidate CA98-1458 with this appeal.

CA99-177. Jesse Ethan Eldridge and James Neal Eldridge v. State of Arkansas, from Pope Circuit. Argued orally.

CA99-493. Tim Winslow v. D&B Mechanical Contractors, Inc., from Workers' Compensation Commission. Argued orally.

CACR99-164. Jimmie Leslie Davis v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR99-345. Mark Anthony Bauswell v. State of Arkansas, from Searcy Circuit.

CACR99-432. Alfredo Trejo Munoz v. State of Arkansas, from Washington Circuit.

CACR99-468. Edward Batts v. State of Arkansas, from Ouachita Circuit.

CACR99-480. Roger D. Owen v. State of Arkansas, from Faulkner Circuit.

CACR99-603. Jason E. Parker v. State of Arkansas, from Faulkner Circuit.

CACR99-636. Doris Ann Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR99-666. Michael Allen Elliott v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-719. Rakim Farrakhan v. State of Arkansas, from Pulaski Circuit, First Division.

CA99-108. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery.

CA99-286. James Johnson v. Arkansas Dept. of Human Services, from Pulaski Chancery, Tenth Division.

CA99-366. Robert Dye and Christopher Stowell v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA99-424. Harold L. Ward v. Nancy L. Ward, from Saline Chancery.

CA99-430. Marvin Carmical et ux. v. David McAfee, from White Circuit.

CA99-463. Howard T. "Tom" Dixon v. Joe Dixon, from Clark Chancery.

CA99-577. Celtic Life Insurance Company v. Martha Blunk, from Pulaski Circuit, Third Division.

CA99-585. Richard Tindall et ux. v. Diane Hargis, from Desha Chancery, Arkansas City District.

CA99-610. Betty Hamilton v. Rheem Air Conditioning Division, from Workers' Compensation Commission.

CA99-640. Imelda Khamsomphou v. Petit Jean Poultry, Inc., from Workers' Compensation Commission.

CA99-642. Douglas Tobacco Products Co., Inc. et al. v. Betty J. Gerrald et al., from Workers' Compensation Commission.

CA99-651. Harold Eugene Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA99-720. Scott E. Friederich v. Julie A. Friederich, from Benton Chancery.