Davis v. Old Dominion Freight Line, Inc. (Roaf, J.) CA99-26

Workers' compensation -- Negligence not required for finding of independent intervening cause; issue of causal connection not reached; Commission's analysis erroneous. [HTML, WP5.1]

Slaughter v. State (Stroud, J.) CACR99-655

Criminal law -- Verdict from submitted second time was proper; trial court erred in taking case from jury; appellate court imposed alternative sentence of probation; reversed & remanded. [HTML, WP5.1]

Whitham v. State (Jennings, J.) CACR99-287

Search & seizure -- Appellant without standing to object to search; conviction affirmed. [HTML, WP5.1]

Archer v. State, CA CR 99-42 (Hart, J.), affirmed in part; reversed in part; and remanded January 26, 2000. [HTML, WP5.1]

Bevill v. State, CA CR 99-613 (Neal, J.), affirmed January 26, 2000. [HTML, WP5.1]

Bezzard v. American Greetings, CA 99-506 (Bird, J.), affirmed January 26, 2000. [HTML, WP5.1]

Boddie v. State, CA CR 99-807 (Roaf, J.), affirmed January 26, 2000. [HTML, WP5.1]

Dugan v. Wal-Mart Stores, Inc., CA 99-753 (Meads, J.), affirmed January 26, 2000. [HTML, WP5.1]

Harrison v. City of Little Rock, CA 99-710 (Neal, J.), affirmed January 26, 2000. [HTML, WP5.1]

Hill v. State, CA CR 99-395 (Bird, J.), affirmed January 26, 2000. [HTML, WP5.1]

Jordan v. State, CA CR 98-1525 (Stroud, J.), affirmed January 26, 2000. [HTML, WP5.1]

Kearse v. State, CA CR 99-408 (Jennings, J.), affirmed January 26, 2000. [HTML, WP5.1]

LeClere v. State, CA CR 99-294 (Pittman, J.), substituted opinion delivered May 10, 2000, appears in syllabus that date. [HTML, WP5.1]

Murray v. Lovett, CA 99-677 (Jennings, J.), affirmed January 26, 2000. [HTML, WP5.1]

Newburn v. State, CA CR 99-729 (Crabtree, J.), affirmed January 26, 2000. [HTML, WP5.1]

Richard v. Richard, CA 99-671 (Robbins, C.J.), affirmed January 26, 2000. [HTML, WP5.1]

Smith v. State, CA CR 99-381 (Robbins, C.J.), affirmed January 26, 2000. [HTML, WP5.1]

Taylor v. Taylor, CA 99-542 (Stroud, J.), affirmed January 26, 2000. [HTML, WP5.1]

Tyson Foods, Inc. v. Brazel, CA 99-703 (Stroud, J.), affirmed January 26, 2000. [HTML, WP5.1]

Wainwright v. State, CA CR 99-771 (Meads, J.), affirmed January 26, 2000. [HTML, WP5.1]

Wood v. Wood, CA 99-600 (Hart, J.), affirmed January 26, 2000. [HTML, WP5.1]

Arkansas Pizza Group, Inc. v. Director of Labor, E 99-225, January 26, 2000.

Brown v. Director of Labor, E 99-178, January 26, 2000.

Denton v. Director of Labor, E 99-221, January 26, 2000.

Howorka v. Director of Labor, E 99-182, January 26, 2000.

Jackson v. Director of Labor, E 99-219, January 26, 2000.

Jewell v. Director of Labor, E 99-173, January 26, 2000.

Moser v. Director of Labor, E 99-157, January 26, 2000.

Page v. Director of Labor, E 99-152, January 26, 2000.

Paramedics v. Director of Labor, E 99-218, January 26, 2000.

Rhodes v. Director of Labor, E 99-161, January 26, 2000.

Spain v. Director of Labor, E 99-224, January 26, 2000.

Wall v. Director of Labor, E 99-228, January 26, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-381. Tramell J. Smith v. State of Arkansas, from Hot Spring Circuit. Affirmed. Meads, J., and Hays, S.J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-671. Jimmy Richard v. Michael Richard, from Workers' Compensation Commission. Affirmed. Meads, J., and Hays, S.J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-294. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division. Reversed and Dismissed. Neal and Meads, JJ., agree.  Substituted opinion delivered May 10, 2000, appears in syllabus that date.  (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-42. Ryan Archer v. State of Arkansas, from Crawford Circuit. Affirmed in Part; Reversed in Part; and Remanded. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-600. Randy Wood v. Joann Wood, from Lonoke Chancery. Affirmed. Stroud and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-287. Glenn Edward Whitham v. State of Arkansas, from Sevier Circuit. Affirmed. Pittman and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-408. Ricky Kearse v. State of Arkansas, from Marion Circuit. Affirmed. Pittman and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-677. J.W. Murray and Marjorie Murray v. Ray Lovett et al., from Polk Chancery. Affirmed. Pittman and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-395. Frederick Hill v. State of Arkansas, from Sevier Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-506. Linda Bezzard v. American Greetings, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR98-1525. Jason Jordan v. State of Arkansas, from Desha Circuit. Affirmed. Hart and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-655. John Slaughter v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. Hart and Griffen, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA99-542. Billy N. Taylor and Lorie T. Johnson v. Voncile Taylor, from White Probate. Affirmed. Hart and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-703. Tyson Foods, Inc. v. Tina Brazel, from Workers' Compensation Commission. Affirmed. Hart and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-613. Billy Dean Bevill, II v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-710. Carroll Wayne Harrison v. City of Little Rock, from Workers' Compensation Commission. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-729. Carl Newburn v. State of Arkansas, from Hot Spring Circuit. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-771. Sonya K. Wainwright v. State of Arkansas, from Cleveland Circuit. Affirmed. Robbins, C.J., and Hays, S.J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-753. James Phillip Dugan v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Hays, S.J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-807. David Boddie v. State of Arkansas, from Clark Circuit. Affirmed. Bird and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-26. Randy Davis v. Old Dominion Freight Line, Inc., from Workers' Compensation Commission. Reversed and Remanded. Pittman and Hart, JJ., agree. Hays, S.J., concurs. Bird and Griffen, JJ., dissent. (5 PAGES + 12-PAGE DISSENT PUBLISHED) [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).

E99-152. 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.

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

CACR99-337. Gina Elizabeth Cullers v. State of Arkansas, from Washington Circuit.

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

CA99-430. Marvin Carmical and Margaret Carmical v. David McAfee, from White Circuit.

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CACR99-159. Charles Edward Kelly v. State of Arkansas, from Ouachita Circuit. Motion of Ben Seay for attorney's fees is granted. Allowed $750.00.

CACR99-227. Roy Alfred Bedford v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees is granted. Allowed $750.00.

CACR99-320. David Bruce Jones v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees is granted. Allowed $750.00.

CACR99-375. Aca Colquitt Murphy v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees is granted. Allowed $750.00.

CACR99-395. Frederick Hill v. State of Arkansas, from Sevier Circuit. Motion of Norman G. Cox for attorney's fees is granted. Allowed $750.00.

CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to disqualify appellee's brief is denied.

CACR99-444. Anthony McGowan v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Dana R. Davis for attorney's fees is granted. Allowed $700.00.

CACR99-532. Koren Michelle Ofunwa v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

CACR99-1005. Ricky Dunn v. State of Arkansas, from Ouachita Circuit. Appellant's pro se motion for transcript is denied.

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Motion of appellee, B. Michael Easley, to stay brief time pending the lodging of subsequent appeals is denied. Appellees' brief due in thirty days. Pittman and Roaf, JJ., not participating.

CA99-1401. Southern Farm Bureau Casualty Insurance Company v. Ronny Dean, from Arkansas Circuit, Northern District. Appellant's motion to return mandate to the trial court and stay briefing schedule is granted. Neal and Roaf, JJ., not participating.

CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellant's pro se motion to proceed in forma pauperis is denied. See Russell v. Grimes, 327 Ark. 201, 936 S.W.2d 763 (1997).

PETITION FOR REHEARING:

CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division.

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CACR98-114. Gary Gipson v. State of Arkansas, from Van Buren Circuit. Appellant's petition to reinvest trial court with jurisdiction to consider petition for writ of error coram nobis.

CACR99-1092. James Brown v. State of Arkansas, from Jefferson Circuit. Appellant's motion for brief time.

CACR99-1096. Tom Donovan v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's second motion to file enlarged brief.

CACR99-1276. Holly Michelle Hixson v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal and for brief time.

CA99-686. Michael Romero v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Joint motion of appellees to dismiss appeal.

CA99-1122. Andre Sain v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for brief time.

CA99-1125. Richard Robert Sanborn v. Dee Anna Sanborn, from Washington Chancery. Appellee's motion to dismiss appeal.

CA99-1164. Jo Ann Hoffmann v. Carmen S. Greenup et al., from Benton Circuit. Appellees' motion to dismiss appeal and motion for restrictive order against appellant and for brief time.

CA99-1330. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Motion to file amicus curiae brief.

CA99-1331. Kenneth G. Middleton v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to relieve counsel and motion for brief time.

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 unopposed motion to stay briefing schedule.

CA99-1481. Gordon Andrew Stellpflug v. Vickie Verleen Stellpflug, from Benton Chancery. Motion of Jim Johnson to withdraw as attorney for appellee.

CA99-443. Jim R. Linn et ux. v. NationsBank et al., from Faulkner Circuit. Argued orally.

CA99-692. Neosho Construction Company, Inc. v. Weaver-Bailey Constructors, Inc., from Pulaski Circuit, Fifth Division. Argued orally.

CACR99-296. Pearl Anthony v. State of Arkansas, from Hempstead Circuit.

CACR99-373. Derrick Perry v. State of Arkansas, from Johnson Circuit.

CACR99-504. Cloyd Cotton v. State of Arkansas, from Drew Circuit.

CACR99-590. Derrick Leon Coleman v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-751. Derrick Leon Coleman v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR99-772. Brenda Gaston v. State of Arkansas, from Marion Circuit.

CACR99-813. Conrad Leon Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-830. Ronnie Lee Archer v. State of Arkansas, from Franklin Circuit, Northern District.

CACR99-873. Carl Frederick Ussery v. State of Arkansas, from Clark Circuit.

CACR99-885. Jennifer Ritchie v. State of Arkansas, from Little River Circuit.

CACR99-903. Unta Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA99-527. Misty Duncan v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District.

CA99-648. Troy Smith v. McKee Foods, from Workers' Compensation Commission.

CA99-679. Sherry Heath v. Tony Heath, from Faulkner Chancery.

CA99-688. David Chambers v. Debra Chambers (Richardson), from Bradley Chancery.

CA99-704. Marian Srebalus v. Rose Care, Inc., from Lafayette Circuit.

CA99-708. Felicia Wood et al. v. West Tree Service, from Workers' Compensation Commission.

CA99-767. Helen Youens v. Meri Medina et al., from Garland Probate.

CA99-777. Wal-Mart Stores, Inc. v. Regina Royal, from Workers' Compensation Commission.

CA99-780. Rose Thurston v. Lisa Greene Martinez, from Benton Probate.

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

E99-80. Donald L. Leftwich v. Director et al.

E99-111. C.B. Masonry, Inc. v. Director et al.

E99-248. Marlene Warren v. Director et al.

E99-249. Shirley A. Washington v. Director et al.

E99-250. David W. Blackmon, Jr. v. Director et al.

E99-252. Henrietta Spencer v. Director et al.

E99-254. Adams Face Veneer Company v. Director et al.

E99-256. John R. Schee v. Director et al.

E99-257. Daniel R. Smith v. Director et al.

E99-258. Theresa K. Strange v. Director et al.

E99-259. Janet M. Kilpatrick v. Director et al.

E99-260. Marlean L. Jones v. Director et al.

E99-263. Connie F. Craft v. Director et al.

E99-271. Patricia A. Howard v. Director et al.