Opinions delivered
January 12, 2000
Dye v. State (Jennings, J.) CA99-366
Criminal procedure -- First statements voluntary; second statements made after warning were admissible. [HTML, WP5.1]
Eaton v. Dixon (Pittman, J.) CA99-265
Parent & child -- Chancellor did not err in finding material change in circumstances; prohibition against separating siblings does not apply with equal force where children are half-siblings. [HTML, WP5.1]
Bateman v. City of Paragould, CA 99-389 (Griffen, J.), affirmed January 12, 2000. [HTML, WP5.1]
Davenport v. State, CA CR 99-849 (Crabtree, J.), affirmed January 12, 2000. [HTML, WP5.1]
Dawson v. State, CA CR 99-775 (Neal, J.), affirmed January 12, 2000. [HTML, WP5.1]
Green v. State, CA CR 99-370 (Hays, S.J.), affirmed January 12, 2000. [HTML, WP5.1]
Jones v. State, CA CR 99-211 (Pittman, J.), affirmed January 12, 2000. [HTML, WP5.1]
Lee v. State, CA CR 99-852 (Meads, J.), affirmed January 12, 2000. [HTML, WP5.1]
Marion v. Director, E 99-216 (Meads, J.), reversed and remanded January 12, 2000. [HTML, WP5.1]
Parker v. State, CA CR 99-603 (Neal, J.), affirmed January 12, 2000. [HTML, WP5.1]
Phillips v. State, CA CR 99-595 (Stroud, J.), affirmed January 12, 2000. [HTML, WP5.1]
Rushing v. Rushing, CA 99-694 (Pittman, J.), affirmed January 12, 2000. [HTML, WP5.1]
Youngs v. State, CA CR 99-829 (Griffen, J.), affirmed January 12, 2000. [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR99-211. Robert Antonio Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Robbins, C.J., and Hart, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-265. Lisa Dixon Eaton v. Robbie Gail Dixon, from Polk Chancery. Affirmed. Jennings, Stroud, Neal, and Griffen, JJ., agree. Hart, J., dissents. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA99-694. Rhonda J. Rushing v. James R. Rushing, from Miller Chancery. Affirmed. Neal and Meads, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA99-366. Robert Dye and Christopher Stowell v. State of Arkansas, from Sebastian Chancery, Juvenile Division. Affirmed. Bird and Rogers, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CACR99-595. James Elwood Phillips v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Neal and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR99-603. Jason E. Parker v. State of Arkansas, from Faulkner Circuit. Affirmed. Stroud and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-775. James Dawson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR99-829. Alan Youngs v. State of Arkansas, from Garland Circuit. Affirmed. Meads and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-389. Rickey A. Bateman et al. v. City of Paragould et al., from Greene Chancery. Affirmed. Bird and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR99-849. Calvin C. Davenport v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR99-852. Charles Lee, Jr. v. State of Arkansas, from Garland Circuit. Affirmed. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
E99-216. Nancy Jo Marion v. Director, Employment Security Department and Department of Community Punishment, from Board of Review. Reversed and Remanded. Griffen and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
STEELE HAYS, SPECIAL JUDGE:
CACR99-370. Michael Emit Green v. State of Arkansas, from Saline Circuit. Affirmed. Hart and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR98-1293. Donald O. Atchison, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Griffen, J., would grant.
CA99-104. Matthew Ragar et al. v. Chandra Ragar Turley, from Pope Probate. Jennings and Crabtree, JJ., would grant.
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 L. Flowers v. Norman Oaks Construction Company, Inc., from Workers' Compensation Commission. Pittman, Jennings, Roaf, JJ., and Hays, S.J., would grant.
CA99-245. United States Fidelity & Guaranty Company, Inc.et al. v. Triple H Electric Company, Inc., from Grant Circuit.
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 is granted. Allowed $750.00.
CACR98-1208. David E. McLaughlin v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $700.00.
CACR98-1392. Christopher Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to release exhibits is granted.
CACR98-1442. James L. Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is granted.
CACR99-217. Harold Bell, Jr. v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees is granted. Allowed $850.00.
CACR99-309. Stephen Scott Whitaker v. State of Arkansas, from Sevier Circuit. Motion of Norman G. Cox for attorney's fees is granted. Allowed $850.00.
CACR99-338. Michael Stockberger v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.
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 is denied.
CACR99-370. Michael Emit Green v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $750.00.
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 is denied.
CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellant's pro se motion to waive duplication requirement is moot.
CACR99-1446. Michael Dent v. State of Arkansas, from Crittenden Circuit. Motion of S. Bernard Butler for attorney's fees is granted. Allowed $250.00.
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 is granted.
CA98-1144. Claude G. Dunbar v. Farm Fresh Catfish, from Workers' Compensation Commission. Appellant's pro se motion for reconsideration is denied.
CA99-459. Second Injury Fund v. Exxon Tiger Mart, Inc. et al., from Workers' Compensation Commission. Appellant's motion to stay the briefing schedule is granted. Reply brief due January 27, 2000.
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 is granted.
CA99-983. Helen I. Hallman v. Bailey's Super Store, Inc., from Workers' Compensation Commission. Appellant's motion for brief time is granted. Griffen and Meads, JJ., would grant as final extension.
CA99-1045. Joseph L. Perry, Jr. v. Lee County, from Lee Circuit. Appellant's pro se motion to waive duplication requirement is denied.
CA99-1170. Sue M. Knott et al. v. Alan Toorean, from Montgomery Chancery. Appellee's motion to file belated brief is granted.
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 is granted. Appellant's brief due March 1, 2000.
CA99-1414. City of Dover et al. v. A.G. Barton et al., from Pope Chancery. Appellant's motion to incorporate prior transcript is moot. See Supreme Court Rule 4-2(a)6.
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 is granted.
PETITIONS FOR REHEARING:
CACR99-315. James Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR99-442. Scottie Wayne Flippo v. State of Arkansas, from Boone Circuit.
CACR99-566. Robert John Ray v. State of Arkansas, from Garland Circuit.
CA99-171. Brenda Delancey v. Dollar General, from Workers' Compensation Commission.
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CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Appellant's pro se motion to reset rebriefing schedule.
CACR98-1301. Marcus Collier v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to reinstate appeal.
CACR99-159. Charles Edward Kelly v. State of Arkansas, from Ouachita Circuit. Motion of Ben Seay for attorney's fees.
CACR99-227. Roy Alfred Bedford v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees.
CACR99-320. David Bruce Jones v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees.
CACR99-395. Fredrick Hill v. State of Arkansas, from Sevier Circuit. Motion of Norman G. Cox for attorney's fees.
CACR99-428. Kenneth Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for newly discovered evidence, to reverse and vacate sentence, for ineffective assistance of counsel and to suppress evidence.
CACR99-444. Anthony McGowan v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Dana R. Davis for attorney's fees.
CA99-724. Glynda Caldwell et al. v. Allenfarm, Inc., from Benton Circuit. Appellant's motion to cancel oral argument.
CA99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Laroy Jaynes, Deceased, from Faulkner Probate. Appellant's motion to consolidate this appeal with CA99-1378 and stay brief time.
CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellant's pro se motion to proceed in forma pauperis.
CA99-409. Wal-Mart Stores, Inc. v. Wendy Bernard, from White Circuit. Argued orally.
CA99-540. Jackie Cole v. Arkansas Department of Human Services, from Pulaski Chancery, Eighth Division. Argued orally.
CACR98-1525. Jason Jordan v. State of Arkansas, from Desha Circuit, Arkansas City District.
CACR99-42. Ryan Archer v. State of Arkansas, from Crawford Circuit.
CACR99-287. Glenn Edward Whitham v. State of Arkansas, from Sevier Circuit.
CACR99-381. Tramell J. Smith v. State of Arkansas, from Hot Spring Circuit.
CACR99-395. Fredrick Hill v. State of Arkansas, from Sevier Circuit.
CACR99-524. Drew Malone Raines III v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR99-613. Billy Dean Bevill, II v. State of Arkansas, from Lonoke Circuit.
CACR99-709. Dewayne Glass v. State of Arkansas, from Chicot Circuit.
CACR99-729. Carl Newburn v. State of Arkansas, from Hot Spring Circuit.
CACR99-771. Sonya K. Wainwright v. State of Arkansas, from Cleveland Circuit.
CACR99-807. David Boddie v. State of Arkansas, from Clark Circuit.
CACR99-812. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division.
CA99-502. James R. Williams v. Harold L. (Bud) Ward, from Saline Chancery.
CA99-600. Randy Wood v. Joann Wood, from Lonoke Chancery.
CA99-671. Jimmy Richard v. Michael Richard, from Workers' Compensation Commission.
CA99-677. J.W. Murray et ux. v. Ray Lovett et al., from Polk Chancery.
CA99-696. Randy Ray Trusty v. Beth Howard Trusty, from Johnson Chancery.
CA99-703. Tyson Foods, Inc. v. Tina Brazel, from Workers' Compensation Commission.
CA99-710. Carroll Wayne Harrison v. City of Little Rock et al., from Workers' Compensation Commission.
CA99-753. James Phillip Dugan v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission.
CA99-917. Pamela D. Ball v. Arkansas Department of Community Punishment et al., from Pulaski Circuit, Third Division.
The following cases are appeals from the Arkansas Board of Review.
E99-152. Mona K. Page v. Director et al.
E99-157. Patricia J. Moser v. Director et al.
E99-161. Kenneth Rhodes v. Director et al.
E99-173. Darla A. Jewell v. Director et al.
E99-178. Connie Brown v. Director et al.
E99-182. Debbie K. Howorka v. Director et al.
E99-218. Paramedics v. Director et al.
E99-219. Ida N. Jackson v. Director et al.
E99-221. Janet Denton v. Director et al.
E99-224. Grady R. Spain v. Director et al.
E99-225. Arkansas Pizza Group, Inc. v. Director et al.
E99-228. Leann A. Wall v. Director et al.