Opinions delivered
February 16, 2000
Tucker v. Roberts-McNutt, Inc. (Robbins, C.J.) CA99-823
Workers' compensation -- Appellant's testimony sufficiently corroborated; reversed & remanded for award of benefits. [HTML, WP5.1]
Boston v. State (Griffen, J.) CACR99-605
Criminal law -- Evidence of constructive possession insufficient; reversed & dismissed. [HTML, WP5.1]
Allen v. State, CA CR 99-676 (Meads, J.), affirmed February 16, 2000. [HTML, WP5.1]
Armstrong v. Watts, CA 99-110 (Griffen, J.), affirmed February 16, 2000. [HTML, WP5.1]
Bolte v. Arkansas Dep't of Human Servs., CA 99-533 (Crabtree, J.), affirmed February 16, 2000. [HTML, WP5.1]
Bussell v. Burlington Indus., CA 99-646 (Meads, J.), affirmed February 16, 2000. [HTML, WP5.1]
Carr v. State, CA CR 99-815 (Roaf, J.), affirmed February 16, 2000. [HTML, WP5.1]
Farwell v. State, CA CR 99-931 (Hart, J.), affirmed February 16, 2000. [HTML, WP5.1]
Green v. State, CA CR 99-142 (Bird, J.), affirmed February 16, 2000. [HTML, WP5.1]
Johnston v. Stevenson-Schulte, CA 99-805 (Neal, J.), reversed and remanded February 16, 2000. [HTML, WP5.1]
Martin v. State, CA CR 99-582 (Neal, J.), affirmed February 16, 2000. [HTML, WP5.1]
Peters v. State, CA CR 99-407 (Griffen, J.), affirmed February 16, 2000. [HTML, WP5.1]
Smith v. City of Pottsville, CA CR 99-574 (Stroud, J.), affirmed February 16, 2000. [HTML, WP5.1]
Tyler v. Thomas, CA 99-472 (Stroud, J.), affirmed February 16, 2000. [HTML, WP5.1]
Vansickle v. Hestir, CA 99-850 (Jennings, J.), affirmed February 16, 2000. [HTML, WP5.1]
JOHN B. ROBBINS, CHIEF JUDGE:
CA99-823. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Reversed and Remanded. Stroud and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR99-931. David A. Farwell v. State of Arkansas, from Sebastian Circuit. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA99-850. Ruth Vansickle v. Randall Hestir, D.D.S., from Workers' Compensation Commission. Affirmed. Meads, J., agrees. Bird, J. concurs. (4 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR99-142. James Garner Green v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Meads, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CACR99-574. Tammy B. Smith v. City of Pottsville, from Pope Circuit. Affirmed. Robbins, C.J., and Roaf, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-472. Jack L. Tyler v. Harold Thomas, from Pulaski Chancery, Second Division. Affirmed. Robbins, C.J., and Roaf, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR99-582. Ricky Lee Martin v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-805. Jere Johnston v. Dona Stevenson-Schulte, from Drew Probate. Reversed and Remanded. Hart and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR99-407. Shamicho Peters v. State of Arkansas, from St. Francis Circuit. Affirmed. Robbins, C.J., and Hays, S.J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Reversed and Dismissed. Pittman and Rogers, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
CA99-110. Karen Armstrong v. Ramona Watts, from Pulaski Probate. Affirmed. Hart and Stroud, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA99-533. Susan Bolte v. Arkansas Department of Human Services, from Sebastian Chancery. Affirmed. Hart and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR99-676. Rodney Lewis Allen v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-646. David Bussell v. Burlington Industries and Reliance National Indemnity Company, from Workers' Compensation Commission. Affirmed. Jennings and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR99-815. Teresa Carr v. State of Arkansas, from Pope Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA99-326. Carl Crockett et al. v. Stewart Essex et al., from Arkansas Circuit, Northern District. Meads, J., and Hays, S.J., would grant.
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CACR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion to supplement the record is granted.
CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $750.00.
CACR99-287. Glenn Whitham v. State of Arkansas, from Sevier Circuit. Motion of Paul Revels 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 dismiss appellee's substituted brief is denied. Moot.
CACR99-381. Tramell J. Smith v. State of Arkansas, from Hot Spring Circuit. Motion of Larry W. Horton for attorney's fees is granted. Allowed $750.00.
CACR99-807. David Boddie v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $650.00.
CACR99-892. Curtis M. Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Tom A. Bennett for attorney's fees is granted. Allowed $750.00.
CACR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement the record is granted.
CACR99-1397. Doyle Dewayne Frye v. State of Arkansas, from Johnson Circuit. Appellant's motion to file belated brief and for brief time is granted.
CACR00-19. Raymond Clinton Marshall v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and stay brief time is certified to the Supreme Court.
CA99-114. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Appellee's motion for attorney's fees is certified to the Supreme Court.
CA99-453. Joe Bill Gordon v. Atlas Carriers, Inc., from Workers' Compensation Commission. Appellee's petition to hold petition for rehearing in abeyance and remand to the Workers' Compensation Commission is granted.
CA99-472. Jack L. Tyler v. Harold Thomas, from Pulaski Chancery, Second Division. Appellee's motion for attorney's fees is granted. Allowed $400.00 total.
CA99-686. Michael Romero v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Joint motion of appellees to dismiss appeal is granted.
CA99-1089. Lee D. Jablonski v. Patricia A. Jablonski, from Faulkner Chancery. Appellant's motion for brief time is granted until March 1, 2000. Final extension.
CA99-1124. Alvin Ray White v. Gregg Agricultural Enterprises et al., from Workers' Compensation Commission. Appellant's motion to supplement the record and to stay brief time is denied.
CA99-1334. Jerry Timmons et al. v. Robert McCaulay, from Pulaski Circuit, Seventh Division. Appellants' motion to file belated brief is granted.
CA99-1478. Susan Rouner v. Sparks Regional Medical Center et al., from Workers' Compensation Commission. Appellant's motion to hold appeal in abeyance is denied; but brief time granted until May 1, 2000.
CA99-1481. Gordon Andrew Stellpflug v. Vicki Verleen Doss Stellpflug, from Benton Chancery. Appellant's motion for stay of order pending appeal is denied. See Arkansas Rule of Civil Procedure 62 (d).
CA00-51. Mary Linda Ward v. H. Lee Corporation, from Pulaski Circuit, Sixth Division. Appellee's motion to supplement the record is denied. Roaf, J., not participating.
CA00-70. Real Estate Central, Inc. v. Maggie Greenleaf, from Pulaski Circuit, Sixth Division. Appellee's motion to supplement the record is granted.
PETITIONS FOR REHEARING:
CACR99-481. Karl H. Bauman, Sr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CA99-372. Charles Frances v. Gaylord Container Corporation, from Workers' Compensation Commission.
CA99-388. Ross Glover and Debbie Glover v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division.
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CACR98-1396. Avenell Scott v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III and Gary Potts for attorney's fees.
CACR99-311. Larry B. Jackson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of John C. Stratford for attorney's fees.
CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to submit additional points, for new trial, for violation under discovery rules and for dismissal.
CACR99-468. Edward Batts v. State of Arkansas, from Ouachita Circuit. Motion of Byron Thomason and Ben Seay for attorney's fees.
CACR99-1036. German Marroquin v. State of Arkansas, from Benton Circuit. Appellant's motion for oral argument.
CACR99-1397. Doyle Dewayne Frye v. State of Arkansas, from Johnson Circuit. Appellant's motion to set appeal bond.
CACR00-78. Theo Hoover v. State of Arkansas, from Pike Circuit. Appellant's motion for brief time.
CACR00-145. Sheila R. Turner v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for attorney's fees.
CA99-642. Douglas Tobacco Products Company, Inc. v. Second Injury Fund et al., from Workers' Compensation Commission. Motion of separate appellee, Betty Gerrald, for attorney's fees.
CA99-859. Stephanie Limon v. Arkansas Department of Human Services, from Saline Chancery. Motion of Joe Kelly Hardin for attorney's fees.
CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit. Appellee's motion to strike appellant's reply brief, or in the alternative, portions thereof.
CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellant's motion for brief time.
CA99-1164. Jo Ann Hoffmann v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to supplement the record.
CA99-1237. James D. Pizzimenti v. AAA Storage Center, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief.
CA99-1511. Henryk Szwedo et al. v. Columbia Doctor's Hospital et al., from Pulaski Circuit, Sixth Division. Appellant's pro se motion for appointment of counsel.
CA00-13. James E. Wilmans, Jr. v. Guilford Dudley et al., from Jackson Chancery. Appellant's motion to supplement the record.
CA00-126. Sarah Ellison v. Therma Tru et al., from Workers' Compensation Commission. Motion of separate appellee, Second Injury Fund, to set separate briefing schedule.
CACR99-685. Carlos Burdyshaw v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.
CA99-165. Joe D. Whisenhunt v. Bee Branch Water Assoc., Inc. et al., from Van Buren Chancery. Argued orally.
E98-247. Barb's 3-D Demo Service v. Director et al., from Board of Review. Argued orally.
CACR98-1348. Frankie Evelyn Foreman v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR99-393. Randall I. Morgan v. State of Arkansas, from Hot Spring Circuit.
CACR99-523. Charles Dean Kilburn v. State of Arkansas, from Conway Circuit.
CACR99-581. Victor Medlock, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR99-890. Catherine Gryder Kidd v. State of Arkansas, from Washington Circuit.
CACR99-956. Gregory Lamar Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR99-963. Glynn Williams v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR99-965. David Like v. State of Arkansas, from St. Francis Circuit.
CACR99-996. Toby Daughtery v. State of Arkansas, from Pulaski Circuit, First Division.
CA99-288. Virgil O. Hooker et al. v. Agribank, FCB, from St. Francis Chancery.
CA99-438. Analee H. Patterson v. Arkansas Department of Health et al., from Workers' Compensation Commission.
CA99-674. Vickie Carroll v. Joseph Carroll, from Benton Chancery.
CA99-750. Hedger Brothers Cement and Materials, Inc. et al. v. John David Stump, from Jackson Chancery.
CA99-797. Michael Crudup v. Regal Ware, Inc. et al., from Workers' Compensation Commission.
CA99-833. Vera Miller v. Frank Leou, M.D., from Pulaski Circuit, Third Division.
CA99-859. Stephanie Limon v. Arkansas Department of Human Services, from Saline Chancery.
CA99-881. Jimmy Heavrin et ux. v. William D. Threet et ux., from Saline Chancery.
CA99-895. Carol Steveson v. Frolic Footwear et al., from Workers' Compensation Commission.
CA99-925. Deana Ann (Evans) Billingsley v. William Russell Evans, from Izard Chancery.
CA99-929. Georgia-Pacific Corporation v. Hurley Nelson, from Workers' Compensation Commission.
CA99-995. Rabin Tire Company et al. v. Keith Mays, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E99-265. Robert H. Haaser v. Director et al.
E99-266. Ann E. Surratt v. Director et al.
E99-267. Lisa M. Sayarinh v. Director et al.
E99-270. Valaria L. Carr v. Director et al.
E99-272. Steven J. Owens v. Director et al.
E99-274. Larry Howell v. Director et al.
E99-276. Eddie Baker v. Director et al.
E99-277. Carolyn A. McAnally v. Director et al.
E99-278. April Heath v. Director et al.
E99-279. Tony D. Phillips v. Director et al.
E99-280. Donald Blackmon v. Director et al.
E99-281. Homer L. May v. Director et al.