Air Compressor Equip. Co. v. Sword (Robbins, C.J.) CA99-922

Workers' compensation -- Prothesis found reasonably necessary; toe amputation causally connected to compensable injury; agreement contrary to statute invalid. [HTML, WP5.1]

Blockman v. State (Roaf, J.) CACR99-892

Search & seizure -- Search incident to arrest; officer had authority to conduct; permissibly more intrusive than Terry frisk. [HTML, WP5.1]

Cooper v. Hiland Dairy (Roaf, J.) CA99-740

Workers' compensation -- Commission may not arbitrarily disregard testimony; appellant's testimony uncontradicted; reversed & remanded for award of benefits. [HTML, WP5.1]

McKenzie v. State (Stroud, J.) CACR99-471

Search & seizure -- Search incident to arrest; motion to suppress properly denied; statement not hearsay when offered to show why police searched house after appellant's arrest. [HTML, WP5.1]

Vittitow v. Central Maloney, Inc. (Bird, J.) CA99-882

Workers' compensation -- Appellant had no right to bring claim establishing appellee as extra-hazardous employer; Commission's decision affirmed. [HTML, WP5.1]

Wray v. State (Robbins, C.J.) CACR99-933

Criminal procedure -- Search warrant; executed in good-faith reliance on judge's finding of probable cause; motion to suppress properly denied. [HTML, WP5.1]

Archer v. State, CA CR 99-830 (Crabtree, J.), affirmed February 23, 2000. [HTML, WP5.1]

Burnett v. State, CA CR 99-932 (Jennings, J.), affirmed February 23, 2000. [HTML, WP5.1]

Chatt v. State, CA CR 99-785 (Crabtree, J.), affirmed February 23, 2000. [HTML, WP5.1]

Coleman v. State, CA CR 99-751 (Pittman, J.), affirmed February 23, 2000. [HTML, WP5.1]

Copeland v. Baldwin & Shell Constr., CA 99-778 (Roaf, J.), affirmed February 23, 2000. [HTML, WP5.1]

Eastern Livestock Co. v. Helms, CA 99-745 (Hart, J.), affirmed February 23, 2000. [HTML, WP5.1]

Jackson v. Nucor-Yamato Steel Co., CA 99-695 (Stroud, J.), affirmed February 23, 2000. [HTML, WP5.1]

Motsenbocker v. State, CA CR 99-698 (Neal, J.), affirmed February 23, 2000. [HTML, WP5.1]

Oliver v. State, CA CR 99-950 (Bird, J.), affirmed February 23, 2000. [HTML, WP5.1]

Potts v. State, CA CR 99-817 (Meads, J.), affirmed February 23, 2000. [HTML, WP5.1]

Reed v. Reed, CA 99-760 (Neal, J.), affirmed February 23, 2000. [HTML, WP5.1]

Springs v. State, CA CR 99-715 (Griffen, J.), rebriefing ordered February 23, 2000. [HTML, WP5.1]

Thomas v. State, CA CR 99-916 (Hart, J.), appeal dismissed February 23, 2000. [HTML, WP5.1]

Welch v. State, CA CR 99-609 (Crabtree, J.), affirmed February 23, 2000. [HTML, WP5.1]

Williams v. Ward, CA 99-502 (Griffen, J.), reversed and remanded February 23, 2000. [HTML, WP5.1]

Wood v. Arkansas Dep't of Human Servs., CA 99-914 (Crabtree, J.), affirmed February 23, 2000. [HTML, WP5.1]

Moore v. Director of Labor, E 99-238, February 23, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-933. Louis Wray v. State of Arkansas, from Union Circuit. Affirmed. Stroud and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-922. Air Compressor Equipment Company v. Arvid Eugene Sword, from Workers' Compensation Commission. Affirmed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Stroud and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-751. Derrick Leon Coleman v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Jennings and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-916. John M. Thomas and Michael D. Gatheright v. State of Arkansas, from Garland Circuit. Appeal Dismissed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-745. Eastern Livestock Company, Inc. v. Joe Helms, from Sevier Circuit. Affirmed. Neal and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-932. Stephanie Burnett v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Meads, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-950. Jacob R. Oliver v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Meads, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-882. Carolyn Vittitow v. Central Maloney, Inc., from Workers' Compensation Commission. Affirmed. Jennings and Meads, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-471. Stephen McKenzie v. State of Arkansas, from Ouachita Circuit. Affirmed. Robbins, C.J., and Roaf, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-695. Michael F. Jackson v. Nucor-Yamato Steel Company, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-698. Walter Motsenbocker v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-760. Billy Houston Reed v. Lea Ann Reed, from Jefferson Chancery. Affirmed. Pittman and Jennings, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-715. Timothy Andrew Springs v. State of Arkansas, from Sebastian Circuit. Rebriefing Ordered. Pittman and Rogers, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-502. James R. Williams v. Harold L. (Bud) Ward, from Saline Chancery. Reversed and Remanded. Hart and Stroud, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-609. Ruby A. Welch v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-785. Alvin Chatt v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-830. Ronnie Archer v. State of Arkansas, from Franklin Circuit. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-914. Dorothy Wood v. Arkansas Department of Human Services, from Independence Chancery. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-892. Curtis M. Blockman v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA99-740. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Reversed and Remanded. Robbins, C.J., and Stroud, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-778. David Copeland v. Baldwin & Shell Construction, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Stroud, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

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

E99-238. Betty J. Moore v. Director et al.

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

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. Stroud, J., would grant.

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CACR99-311. Larry B. Jackson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of John C. Stratford 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 submit additional points, for new trial, for violation under discovery rules and for dismissal is denied.

CACR99-468. Edward Batts v. State of Arkansas, from Ouachita Circuit. Motion of Byron Thomason and Ben Seay for attorney's fees is granted. Allowed $750.00.

CACR99-1036. German R. Marroquin v. State of Arkansas, from Benton Circuit. Appellant's motion for oral argument is granted.

CACR99-1276. Holly Michelle Hixson v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted. See Barnett v. State, 336 Ark. 165, 984 S.W.2d 444 (1999). Crabtree, J., not participating.

CACR99-1397. Doyle Dewayne Frye v. State of Arkansas, from Johnson Circuit. Appellant's motion to set appeal bond is remanded to the trial court.

CACR00-78. Theo Hoover v. State of Arkansas, from Pike Circuit. Appellant's motion for brief time is granted for sixty days.

CACR00-145. Sheila R. Turner v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $250.00.

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 is granted. Stroud, Griffen, and Roaf, JJ., not participating.

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, is passed until case is submitted. Stroud and Crabtree, JJ., not participating.

CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellant's motion for brief time is granted until March 22, 2000, as final extension.

CA99-1164. Jo Ann Hoffman v. Carmen Greenup et al., from Benton Circuit. Appellant's pro se motion to supplement the record is denied. Crabtree, J., not participating.

CA99-1237. James D. Pizzimenti v. AAA Storage Center, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

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 is denied.

CA00-13. James E. Wilmans, Jr. v. Guilford M. Dudley et al., from Jackson Chancery. Appellant's motion to supplement the record is granted. Record deemed supplemented. Hart, J., not participating.

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 is granted.

PETITIONS FOR REHEARING:

CACR99-287. Glenn Edward Whitham v. State of Arkansas, from Sevier Circuit.

CACR99-294. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division.

CA99-26. Randy Davis v. Old Dominion Freight Line, Inc. from Workers' Compensation Commission.

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CACR99-294. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to supplement the record.

CACR99-873. Carl F. Ussery v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar for attorney's fees.

CACR99-1087. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit. Appellant's motion for final extension of brief time.

CACR99-1239. Jeffery Harold Childs v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

CACR99-1285. Rodney W. McClanton v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CACR00-58. Gary Hughes v. State of Arkansas, from Polk Circuit. Motion of Steven S. Zega to be substituted as counsel for appellant.

CACR00-159. Clinton Flud v. State of Arkansas, from Boone Circuit. Appellant's motion to set appeal bond.

CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. to be relieved as counsel for appellant and to substitute Mark Rees as counsel.

CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for attorney's fees.

CACR00-191. Dwight T. McClendon v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees.

CA99-834. Boatmen's Trust Company of Arkansas et al. v. Housing Authority of the City of North Little Rock et al., from Pulaski Circuit, Fifth Division. Motion of separate appellee, NorAm Energy Corporation, to file belated brief.

CA99-1213. Timothy Michael Scott Johnson v. Anthony Julious Ridgeway, from Pulaski Probate, Third Division. Appellee's motion to file belated brief.

CA99-1361. Mabel King et al. v. J. W. Carney, M. D. et al., from Jackson Circuit. Motion of Timothy J. Cullen to withdraw as counsel for appellant.

CA99-1366. Philip Aka, Special Administrator v. Erma Washington, M.D. et al., from Jefferson Circuit. Appellant's 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. Appellee's motion to dismiss appeal.

CACR99-911. Steve Hawkins v. State of Arkansas, from Madison Circuit. Argued orally.

CA99-615. Roy O. McWilliams et ux. v. Billy Bob Sullivan et al., from Pulaski Circuit, Third Division. Argued orally.

CA99-702. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Argued orally.

CACR97-1259. Scottie Eugene Stormes v. State of Arkansas, from Greene Circuit.

CACR99-364. William Lamont Swain v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-428. Kenneth Turner v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-660. Shannon England v. State of Arkansas, from Pulaski Circuit, First Division.

CACR99-763. Curtis Dwain Reese, Jr. v. State of Arkansas, from Saline Circuit.

CACR99-784. Marty L. Howard v. State of Arkansas, from Columbia Circuit.

CACR99-814. Nelson Edward Hawkins v. State of Arkansas, from Crittenden Circuit.

CACR99-960. Artis Wayne Chew v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR99-1031. Jimmy Adair v. State of Arkansas, from Mississippi Chancery, Chickasawba District.

CA99-537. Rita C. Epperson et al. v. Progressive Casualty Insurance Company, from Johnson Circuit.

CA99-573. Union Planters National Bank v. East Central Arkansas Economic Development Corp., from St. Francis Chancery.

CA99-653. Columbia Doctors Hospital et al. v. Austie Johnson, from Workers' Compensation Commission.

CA99-684. Dorothy Cleveland et al. v. Michael McGoogan et ux., from Garland Chancery.

CA99-747. Cynthia Hernreich-Beller v. George T. Hernreich et al., from Sebastian Chancery, Fort Smith District.

CA99-796. Olsten Health Services, Inc. v. Arkansas Health Services Commission, from Pulaski Circuit, Second Division.

CA99-902. Larry G. Fitts v. Yvonne P. Fitts, from Union Chancery.

CA99-924. Jeffery Lang v. Guthrie Wood Fibers, Inc. et al., from Workers' Compensation Commission.

CA99-957. Anthony Johnson et ux. v. Melissa Joyce Tompkins, from Saline Probate.

CA99-991. Bobby Keeney v. Foreman School District, from Workers' Compensation Commission.

CA99-1050. Wal-Mart Stores, Inc. et al. v. Roger Wallace, from Workers' Compensation Commission.

CA99-1053. Gary Haywood v. State of Arkansas, from Garland Chancery.