Moore v. Arkansas Dep't of Human Servs. (Hart, J.) CA99-441

Parent & child -- Termination of appellant's parental rights supported by clear and convincing evidence; affirmed. [HTML, WP5.1]

Sweeney v. State (Roaf, J.) CACR99-206

Criminal procedure -- Appellant's trial held before amendment of Ark. R. Crim. P. 33.1; case remanded for rebriefing; motion to withdraw denied. [HTML, WP5.1]

Substituted Opinion on Grant of Rehearing

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

Criminal procedure -- Speedy trial; properly excluded periods brought appellant's trial within required limits; jury instructions; appellant did not show trial court erred in using definition based on model instruction. [New 68 Ark. App. 47, replacing opinion in Advance Reports, issue No. 4.] [HTML, WP5.1]

Bauswell v. State, CA CR 99-345 (Roaf, J.), affirmed January 5, 2000. [HTML, WP5.1]

Hulum v. State, CA CR 99-919 (Robbins, C.J.), affirmed January 5, 2000. [HTML, WP5.1]

McGowan v. State, CA CR 99-444 (Jennings, J.), affirmed January 5, 2000. [HTML, WP5.1]

Newberry v. State, CA CR 99-425 (Hart, J.), affirmed January 5, 2000. [HTML, WP5.1]

Ofunwa v. State, CA CR 99-532 (Bird, J.), affirmed January 5, 2000. [HTML, WP5.1]

Bentonville Plastics, Inc. v. Director of Labor, E 99-217, January 5, 2000.

Dantzler v. Director of Labor, E 99-208, January 5, 2000.

Evans v. Director of Labor, E 99-205, January 5, 2000.

Flint v. Director of Labor, E 99-213, January 5, 2000.

Griffin v. Director of Labor, E 99-203, January 5, 2000.

Owens v. Director of Labor, E 99-206, January 5, 2000.

Pruett v. Director of Labor, E 99-209, January 5, 2000.

Quality Manufactured Homes v. Director of Labor, E 99-211, January 5, 2000.

Rosson v. Director of Labor, E 99-215, January 5, 2000.

Smith, Kesha v. Director of Labor, E 99-204, January 5, 2000.

Summers v. Director of Labor, E 99-214, January 5, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-919. Ivory Gene Hulum v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Hart, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-425. John Stanley Newberry v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Pittman, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-441. Patsy Moore v. Arkansas Department of Human Services, from Pulaski Chancery. Affirmed. Roaf, J., and Hays, S.J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-444. Anthony T. McGowan v. State of Arkansas, from Mississippi Circuit. Affirmed. Bird and Rogers, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-532. Koren Michelle Ofunwa v. State of Arkansas, from Garland Circuit. Affirmed. Jennings and Rogers, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-206. Robert S. Sweeney v. State of Arkansas, from Pulaski Circuit. Remanded for Rebriefing. Griffen and Meads, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-345. Mark Anthony Bauswell v. State of Arkansas, from Searcy Circuit. Affirmed. Griffen and Meads, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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.

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

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CACR98-690. Frank Watts, II v. State of Arkansas, from Pulaski Circuit, First Division. See substituted opinion this date. (12 PAGES PUBLISHED) [HTML, WP5.1]

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REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA99-84. T&T Materials v. Willie Mooney et al., from Van Buren Circuit.

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CACR99-863. Reginald J. Dunn and Brian Fizgerald Hall v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellants' motion for brief time is granted as a final extension. Brief due February 4, 2000. Roaf, J., would not grant as final extension.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion for transcript is denied.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to relieve counsel and for appointment of new counsel is denied. Appellant may file points for reversal within thirty days. See opinion in Sweeney v. State this date.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to waive duplication requirement is granted.

CACR99-1007. Richard L. Strong v. State of Arkansas, from Greene Circuit. Appellant's pro se motion for appointment of counsel is granted. Ms. Tammy Harris is appointed to represent appellant.

CACR99-1054. Billy J. Scott v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the abstract and file a substituted brief. Appellant granted leave to file substituted abstract and brief.

CACR99-1131. James Michael Crossno v. State of Arkansas, from Yell Circuit, Northern District. Appellant's motion to complete the record and for brief time is remanded to the trial court to settle the record within thirty days. Appellant's brief due within sixty days.

CACR99-1295. Carlton Pennington v. State of Arkansas, from Fulton Circuit. Motion of William C. McArthur to be appointed as counsel for appellant is granted.

CA99-288. Virgil O. Hooker et al. v. Agribank, FCB, from St. Francis Chancery. Appellants' pro se motion to file belated reply brief is granted.

CA99-515. St. Paul Fire & Marine Insurance Company v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Appellant's motion to lift stay and to consolidate with 99-891 is certified to the Supreme Court.

CA99-702. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Appellee's motion for oral argument is granted.

CA99-868. Orr, Inc. v. David Hood, from Miller Circuit. Appellant's motion for brief time is granted.

CA99-907. Paul Hudson v. IPC International Corporation, from Workers' Compensation Commission. Appellant's motion to amend and supplement the abstract or, in the alternative, to file a substituted brief. Leave granted to file a substituted abstract and brief.

CA99-973. Otto W. Hess v. Chicago Mill and Lumber Company, from Phillips Chancery. Appellee's motion to file belated brief is granted.

CA99-1032. Dionne McClain-Snowden v. Glinder Riggins, Administratrix, from Union Probate. Appellant's motion to supplement the record with new evidence is denied.

CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellant's motion for brief time is granted. Brief due February 10, 2000.

CA99-1078. Patti Kristina Fryer et al. v. Michael K. Evans et al., from Cross Circuit. Appellees' motion to dismiss appeal is granted.

CA99-1265. James W. Pettus et al. v. Joseph Robert Holcomb, Jr. et al., from Saline Chancery. Appellants' motion to file belated brief is granted.

CA99-1505. Wynne Public Schools et al. v. Donna Lockhart, from Cross Chancery. Appellant's motion to expedite stay is granted.

CA99-1505. Wynne Public Schools et al. v. Donna Lockhart, from Cross Chancery. Appellant's motion for stay is denied without prejudice. Jennings, Bird, Crabtree, and Meads, JJ., would grant.

PETITIONS FOR REHEARING:

CACR98-1293. Donald O. Atchison, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA99-104. Matthew Ragar et al. v. Chandra Ragar Turley, from Pope Probate.

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

CA99-116. Kenya Reed v. Christopher A. Watkins, from Garland Circuit.

CA99-221. James Flowers v. Norman Oaks Construction Company, Inc., from Workers' Compensation Commission.

CA99-269. Lonnie Buie v. Government Employees Insurance Company, from Pulaski Circuit, Third Division.

CA99-394. Kevin Fulton v. City of Fayetteville, from Workers' Compensation Commission.

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CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Chris A. Tarver for attorney's fees.

CACR98-1208. David E. McLaughlin v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR98-1392. Christopher Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to release exhibits.

CACR98-1442. James L. Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CACR99-217. Harold Bell, Jr. v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin, III for attorney's fees.

CACR99-309. Stephen Scott Whitaker v. State of Arkansas, from Sevier Circuit. Motion of Norman G. Cox for attorney's fees.

CACR99-338. Michael Stockberger v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR99-354. Billy Mack Nichols Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to file a reply brief.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Amended pro se motion for removal of counsel, for appointment of counsel and for other relief.

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to waive duplication requirement.

CACR99-1446. Michael Dent v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for attorney's fees.

CACR99-1446. Michael Dent v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. to be relieved as counsel for appellant and to substitute Jay Scholtens as counsel.

CA98-1144. Claude G. Dunbar v. Farm Fresh Catfish, from Workers' Compensation Commission. Appellant's pro se motion for reconsideration.

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

CA99-459. Second Injury Fund v. Exxon Tiger Mart, Inc. et al., from Workers' Compensation Commission. Motion of appellee, Patricia A. Fuller, to file belated supplemental record.

CA99-983. Helen I. Hallman v. Bailey's Super Store, Inc., from Workers' Compensation Commission. Appellant's motion for brief time.

CA99-1045. Joseph L. Perry, Jr. v. Lee County, from Lee Circuit. Appellant's pro se motion to waive duplication requirement.

CA99-1170. Sue M. Knott et al. v.Alan Toorean, from Montgomery Chancery. Appellee's motion to file belated brief.

CA99-1205. Bobby J. McDonald v. Renee L. Cates, from Benton Chancery. Appellant's motion to unseal the record and motion to stay briefing schedule.

CA99-1328. Bob J. McAdams et al. v. Robert S. Moore et al., from Pulaski Chancery, First Division. Appellant's motion to supplement the record and to stay briefing schedule.

CA99-1414. City of Dover et al. v. A.G. Barton et al., from Pope Chancery. Appellant's motion to incorporate prior transcript.

CA99-1447. Torian Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William A. McLean to be substituted as counsel for appellant.

CACR98-1430. Tracy Mendoza Wright v. State of Arkansas, from Washington Circuit.

CACR99-311. Larry B. Jackson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-408. Ricky Kearse v. State of Arkansas, from Marion Circuit.

CACR99-481. Karl Hamilton Bauman, Sr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-518. Terrence M. Zarlingo v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-643. George Mathias Koch v. State of Arkansas, from Logan Circuit, Northern District.

CACR99-655. John Slaughter v. State of Arkansas, from Jefferson Circuit.

CACR99-663. Daniel T. Hoggatt v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-706. Matthew Earnest v. State of Arkansas, from Jefferson Circuit.

CA99-388. Ross D. Glover et ux. v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division.

CA99-496. Jerry Bridges d/b/a Bridges Carpet Center v. Sharon Williams, from Pulaski Circuit, Third Division.

CA99-506. Linda Bezzard v. American Greetings, from Workers' Compensation Commission.

CA99-539. Larry J. Norman v. Gladys F. Swift, from Pulaski Circuit, Second Division.

CA99-542. Bill N. Taylor et ux. v. Voncile Taylor, from White Probate.

CA99-560. Molly England v. Arkansas Department of Finance and Administration et al., from Workers' Compensation Commission.

CA99-622. Anita Michael v. Village Markets, from Workers' Compensation Commission.

CA99-626. Sharon Dennis v. James "Jim" Dennis, II, from Lonoke Chancery.

CA99-641. David Cahoon v. AAA U-Rent It, Inc., from Workers' Compensation Commission.

CA99-652. Tommy Ellis et al. v. Melanie Bennett et al., from Drew Chancery.

CA99-670. Ray E. Smalling v. State Military Department et al., from Workers' Compensation Commission.

CA99-672. Gary D. Gazaway v. Gary Pugh et al., from Randolph Chancery.

CA99-699. Calvin Edwards d/b/a Edwards Aviation Services v. Christopher Key, from Crawford Circuit.

CA99-701. Shelter Mutual Insurance Company v. Hosea Williams, from Pulaski Circuit, Third Division.

CA99-725. John Magee v. Carl Anderson, from Benton Circuit.