Bell v. State (Griffen, J.) CACR99-217

Search & seizure -- "Plain-feel" doctrine violated; reversed and remanded. [HTML, WP5.1]

Cagle v. State (Pittman, J.) CACR99-343

Trial -- Mistrial; trial court did not err in denying motion for where admonition would have cured any prejudice. [HTML, WP5.1]

Cole v. State (Roaf, J.) CACR99-315

Evidence -- No ruling made on motion to suppress; issue not preserved for review. [HTML, WP5.1]

Dillard v. Pickler (Pittman, J.) CA99-333

Adverse possession -- Trial court did not err in finding appellee and husband adversely possessed forty acres; order quieting title in appellees affirmed. [HTML, WP5.1]

Fox v. Fox (Bird, J.) CA99-410

Parent & child -- Uniform Child Custody Jurisdiction Act does not give jurisdiction for child-support or alimony issues; clean-up doctrine inapplicable to question whether Arkansas court has power to modify order of foreign court; chancellor exceeded authority. [HTML, WP5.1]

Giles v. Sparkman Residential Care Home, Inc. (Jennings, J.) CA99-93

Negligence -- Sufficient proof of proximate cause presented; issue should have gone to jury; reversed and remanded. [HTML, WP5.1]

Townsend v. State (Jennings, J.) CACR98-1228

Criminal procedure -- Nighttime search; sufficient factual basis to support execution of; denial of motion to suppress not clearly erroneous. [HTML, WP5.1]

Whisnant v. Whisnant (Roaf, J.) CA98-1527

Divorce -- Chancellor's order sufficiently clear; appellant entitled to set off one-half of payments made since date of separation toward debts designated in final order. [HTML, WP5.1]

Allen v. State, CA CR 99-390 (Griffen, J.), affirmed December 15, 1999.

Bedford v. State, CA CR 99-227 (Roaf, J.), affirmed December 15, 1999.

Delancey v. Dollar General, CA 99-171 (Pittman, J.), affirmed December 15, 1999.

Devore v. Cloud Corp., CA 98-1307 (Jennings, J.), affirmed December 15, 1999.

Ellis v. State, CA CR 99-1 (Crabtree, J.), affirmed December 15, 1999.

Farrow v. State, CA CR 99-569 (Meads, J.), affirmed December 15, 1999.

Gaddie v. State, CA CR 98-1074 (Hart, J.), affirmed December 15, 1999.

Isenhour v. Lockwood Elec., CA 99-371 (Bird, J.), reversed and remanded with instructions to award benefits December 15, 1999.

Jenkins v. State, CA CR 99-693 (Robbins, C.J.), affirmed December 15, 1999.

King v. Johnson, CA 99-575 (Neal, J.), affirmed December 15, 1999.

McLaughlin v. State, CA CR 98-1208 (Griffen, J.), reversed and remanded December 15, 1999.

Morrison v. Arkansas Dep't of Human Servs., CA 99-419 (Robbins, C.J.), affirmed December 15, 1999.

Olson v. Olson, CA 99-568 (Hart, J.), affirmed December 15, 1999.

Reed v. State, CA CR 99-448 (Stroud, J.), affirmed December 15, 1999.

Reynolds v. Baumgarner, CA 99-16 (Roaf, J.), affirmed December 15, 1999.

Stockberger v. State, CA CR 99-338 (Bird, J.), affirmed December 15, 1999.

Thomas v. Arbor Interiors, Inc., CA 99-548 (Stroud, J.), affirmed December 15, 1999.

Trader v. Single Source Transp., CA 99-579 (Meads, J.), affirmed December 15, 1999.

Whitaker v. State, CA CR 99-309 (Hays, S.J.), reversed and remanded December 15, 1999.

White v. Stout, CA 98-1053 (Neal, J.), affirmed December 15, 1999.

Allen v. Director of Labor, E 99-192, December 15, 1999.

Barnes v. Director of Labor, E 99-188, December 15, 1999.

Bradley v. Director of Labor, E 99-199, December 15, 1999.

Brown v. Director of Labor, E 99-196, December 15, 1999.

Council v. Director of Labor, E 99-189, December 15, 1999.

Craig v. Director of Labor, E 99-197, December 15, 1999.

Daniels v. Director of Labor, E 99-187, December 15, 1999.

Heggins v. Director of Labor, E 99-191, December 15, 1999.

Jackson v. Director of Labor, E 99-194, December 15, 1999.

Russell v. Director of Labor, E 99-195, December 15, 1999.

Tucker v. Director of Labor, E 99-198, December 15, 1999.

USA Truck, Inc. v. Director of Labor, E 99-202, December 15, 1999.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-693. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Jennings and Stroud, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-419. Marquita Morrison v. Arkansas Department of Human Services, from Searcy Chancery. Affirmed. Jennings and Stroud, JJ., agree. (7 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR99-343. Michael Cagle, Jr. v. State of Arkansas, from Jefferson Circuit. Affirmed. Jennings, Bird, Stroud, and Neal, JJ., agree. Roaf, J., dissents. (5 PAGES + 6-PAGE DISSENT PUBLISHED [HTML, WP5.1] )

CA99-171. Brenda Delancey v. Dollar General, from Workers' Compensation Commission. Affirmed. Jennings and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-333. Daniel Black Dillard v. Lynda Pickler, George Pickler, and Edna Bussey, from Lafayette Chancery. Affirmed. Neal and Meads, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR98-1074. Charles Larry Gaddie v. State of Arkansas, from Pulaski Circuit. Affirmed. Roaf, J., and Hays, S.J., agree. (3 PAGES UNPUBLISHED)

CA99-568. Douglas D. Olson v. Jennifer L. Olson, from Lonoke Chancery. Affirmed. Roaf, J., and Hays, S.J., agree. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR98-1228. David Edward Townsend v. State of Arkansas, from Benton Circuit. Affirmed. Robbins, C.J., Neal and Crabtree, JJ., agree. Bird, J., concurs. Griffen, J., dissents. (10 PAGES + 4-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA98-1307. Donnie Devore v. Cloud Corporation, from Workers' Compensation Commission. Affirmed. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-93. Stanley Giles, Administrator of the Estate of Rosie Lee Anderson v. Sparkman Residential Care Home, Inc., et al., from Pulaski Circuit. Reversed and Remanded. Pittman and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-338. Michael Stockberger v. State of Arkansas, from Garland Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

CA99-371. Daniel L. Isenhour v. Lockwood Electric, from Workers' Compensation Commission. Reversed and Remanded with Instructions to Award Benefits. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

CA99-410. Roxanne H. Fox v. Glen E. Fox, from Columbia Chancery. Affirmed. Griffen and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-448. Jack Kelly Reed v. State of Arkansas, from Sharp Circuit. Affirmed. Robbins, C.J., and Jennings, J., agree. (6 PAGES UNPUBLISHED)

CA99-548. Clifford Thomas v. Arbor Interiors, Inc., from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Jennings, J., agree. (9 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CA98-1053. D. Michele White v. David Stout and Wal-Mart Stores, Inc., from Benton Circuit. Affirmed. Pittman and Meads, JJ., agree. (7 PAGES UNPUBLISHED)

CA99-575. Wayne King v. Marilyn Johnson, from Johnson Probate. Affirmed. Pittman and Meads, JJ., agree. (3 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR98-1208. David McLaughlin v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

CACR99-217. Harold Bell, Jr. v. State of Arkansas, from Drew Circuit. Reversed and Remanded. Robbins, C.J., and Hays, S.J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-390. Kevin Lynn Allen v. State of Arkansas, from Grant Circuit. Affirmed. Bird and Crabtree, JJ., agree. (11 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR99-1. Michael Wayne Ellis v. State of Arkansas, from Arkansas Circuit. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR99-569. Anthony David Farrow v. State of Arkansas, from Crittenden Circuit. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED)

CA99-579. Thomas Trader v. Single Source Transportation, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR99-227. Roy Alfred Bedford v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart, J., and Hays, S.J., agree. (4 PAGES UNPUBLISHED)

CACR99-315. James Cole, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird, Stroud, and Neal, JJ., agree. Pittman and Jennings, JJ., dissent. (3 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA98-1527. Phillip G. Whisnant v. Barbara J. Whisnant, from Faulkner Chancery. Affirmed as Modified. Bird and Griffen, JJ., and Hays, S.J., agree. Pittman and Hart, JJ., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-16. Sharon Reynolds v. Leroy Baumgarner, from Jackson Circuit. Affirmed. Hart, J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED)

STEELE HAYS, SPECIAL JUDGE:

CACR99-309. Stephen Scott Whitaker v. State of Arkansas, from Sevier Circuit. Reversed and Remanded. Robbins, C.J., and Griffen, J., agree. (6 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).

E99-187. Rebecca Daniels v. Director et al.

E99-188. Teressa Barnes v. Director et al.

E99-189. Leward R. Council v. Director et al.

E99-191. Freda Heggins v. Director et al.

E99-192. Helen Allen v. Director et al.

E99-194. George F. Jackson v. Director et al.

E99-195. Paul D. Russell v. Director et al.

E99-196. O'Melvin Brown v. Director et al.

E99-197. Salli M. Craig v. Director et al.

E99-198. Calvin E. Tucker v. Director et al.

E99-199. Versie L. Bradley v. Director et al.

E99-202. USA Truck, Inc. v. Director et al.

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

CACR99-35. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA98-720. Michael Ingle v. Robinson Healthcare Center, Inc., from Pulaski Circuit, Sixth Division. Roaf, J., would grant.

CA99-105. Greg England v. Sara Lee Hosiery, from Workers' Compensation Commission.

CA99-360. Heartland Community Bank v. Edward P. Holt and Betty Jo Holt, from Dallas Circuit.

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CACR99-291. Fred Michael Lemere v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $750.00.

CACR99-390. Kevin Lynn Allen v. State of Arkansas, from Grant Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $750.00.

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

CACR99-761. Martin Hinkle v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to waive abstracting requirement as to photographs is denied without prejudice. Motion unclear.

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

CACR99-1042. Karl Anthony Guydon v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of James P. Clouette to be substituted as counsel for appellant and for brief time is granted.

CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record is granted. Roaf, J., not participating.

CA98-1053. D. Michele White v. David Stout et al., from Benton Circuit. Appellees' motion for attorney's fees and costs is granted in part. See opinion this date.

CA98-1053. D. Michele White v. David Stout et al., from Benton Circuit. Appellees' motion to strike appellant's reply brief is moot. See opinion this date.

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

CA99-686. Manual Romero v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Appellant's pro se motion to reinstate appeal is granted. Appellant's brief due on January 25, 2000.

CA99-894. Lois L. Howerton v. Harp's Food Stores, Inc., from Washington Circuit. Appellant's pro se motion for brief time is granted for sixty days as a final extension.

CA99-942. Charles Thomas Swafford v. Barbara Anne Swafford, from Faulkner Chancery. Appellee's motion to dismiss appeal and to stay brief time is denied. Appellee's brief due January 14, 2000.

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

CA99-1164. Jo Ann Hoffman v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to file belated brief is granted. Crabtree, J., not participating.

CA99-1200. Debbie Snuggs v. Griffin Electric Heating & Air, from Workers' Compensation Commission. Appellant's motion to incorporate transcript is granted. See Rule 3-1(e) of the Rules of the Arkansas Supreme Court.

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 is granted as to record only. See Rule 3-1(e) of the Rules of the Arkansas Supreme Court.

CA99-1361. Mabel King v. J. W. Carney et al., from Jackson Circuit. Appellant's motion to consolidate CA98-1458 with this appeal is granted as to record only. See Rule 3-1(e) of the Rules of the Arkansas Supreme Court.

PETITIONS FOR REHEARING:

CA98-1343. Martha S. Davis v. Office Of Child Support Enforcement, from Randolph Chancery.

CA99-264. Brad Smith v. Russell O. Loyd et ux., from Saline Chancery.

CA99-401. Jessie C. Ray v. Wayne Smith Trucking, from Workers' Compensation Commission.

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CACR99-231. Timothy Gaffney v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR99-446. Darrell Robinson v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for attorney's fees.

CACR99-962. Kevin Franklin v. State of Arkansas, from Phillips Circuit. Appellant's motion for brief time.

CACR99-1277. Mark Simmerson v. State of Arkansas, from Grant Circuit. Appellant's motion to supplement the record and for brief time.

CA98-1343. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Appellant's motion for stay of mandate.

CA99-1123. Arkansas Transit Homes, Inc. v. Aetna Life & Casualty, from Pulaski Circuit, Third Division. Motion of "Amici Associations" for permission to file amicus curiae brief.

CA99-1317. MDH Builders, Inc. v. Nabholz Construction Corporation, from Pulaski Chancery, Sixth Division. Appellant's motion for attachment to abstract.

CA99-1411. Jack Murray et ux. v. Betty Hall et al., from Craighead Chancery, Western District. Appellants' motion and request for guidance.

CACR99-206. Robert S. Sweeney v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-211. Robert Antonio Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-425. John Stanley Newberry v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR99-444. Anthony McGowan v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR99-532. Koren Michelle Ofunwa v. State of Arkansas, from Garland Circuit.

CACR99-546. Hosie Gant v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-595. James Elwood Phillips v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-775. James Dawson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-829. Alan Youngs v. State of Arkansas, from Garland Circuit.

CACR99-849. Calvin C. Davenport v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR99-852. Charles Lee, Jr. v. State of Arkansas, from Garland Circuit.

CACR99-919. Ivory Gene Hulum v. State of Arkansas, from Pulaski Circuit, Fourth Division.

The following cases are appeals from the Arkansas Board of Review.

E99-203. Willie J. Griffin v. Director et al.

E99-204. Kesha Smith v. Director et al.

E99-205. Kristen M. Evans v. Director et al.

E99-206. Ronnie R. Owens v. Director et al.

E99-208. Calvin Dantzler v. Director et al.

E99-209. Kimberly A. Pruett v. Director et al.

E99-211. Quality Manufactured Homes v. Director et al.

E99-213. Billy H. Flint v. Director et al.

E99-214. Sue Summers v. Director et al.

E99-215. Nina Rosson v. Director et al.

E99-216. Nancy Jo Marion v. Director et al.

E99-217. Bentonville Plastics, Inc v. Director et al.