Burdyshaw v. State (Meads, J.) CACR99-685

Constitutional law -- Gates open & posted driveway not blocked; entry onto not prohibited by Fourth Amendment; written consent for complete search willingly given; affirmed. [HTML, WP5.1]

Crudup v. Regal Ware, Inc. (Robbins, C.J.) CA99-797

Workers' compensation -- Major cause & casual connection requirements met; Commission's opinion failed to display substantial basis for denial of relief; reversed & remanded for award of benefits. [HTML, WP5.1]

Ellis v. Bennett (Griffen, J.) CA99-652

Parent & child -- Denial of petition for grandparent visitation affirmed. [HTML, WP5.1]

Hedger Bros. Cement & Materials, Inc. v. Stump (Stroud, J.) CA99-750

Property -- Boundary by acquiescence; ruling that none existed along levee line was not clearly erroneous; refusal to enjoin operation of drain affirmed; appellants failed to prove damages; chancellor's refusal to grant easement by necessity clearly erroneous; reversed & remanded on cross-appeal. [HTML, WP5.1]

Leatherwood v. State (Crabtree, J.) CACR99-522

Evidence -- Conviction supported by substantial evidence & affirmed. [HTML, WP5.1]

Nichols v. State (Rogers, J.) CACR99-354

Criminal procedure -- Defense based on denial of all charges; lesser-included offense instructions properly denied; no abuse of discretion in denial of severance motion. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Bernard (Crabtree, J.) CA99-409

Negligence -- Slip & fall; proof insufficient; reversed & remanded. [HTML, WP5.1]

Billingsley v. Evans, CA 99-925 (Robbins, C.J.), affirmed March 1, 2000. [HTML, WP5.1]

Daugherty v. State, CA CR 99-996 (Bird, J.), affirmed March 1, 2000. [HTML, WP5.1]

Dupps v. McClung, CA 99-451 (Jennings, J.), affirmed March 1, 2000. [HTML, WP5.1]

Fabricius v. Fabricius, CA 99-711 (Griffen, J.), affirmed March 1, 2000. [HTML, WP5.1]

Foreman v. State, CA CR 98-1348 (Stroud, J.), affirmed March 1, 2000. [HTML, WP5.1]

Georgia-Pacific Corp. v. Nelson, CA 99-929 (Hart, J.), affirmed March 1, 2000. [HTML, WP5.1]

Hooker v. Agribank, CA 99-288 (Crabtree, J.), affirmed March 1, 2000. [HTML, WP5.1]

Key v. Fite, CA 99-827 (Jennings, J.), affirmed March 1, 2000. [HTML, WP5.1]

Khamsomphou v. Petit Jean Poultry, Inc., CA 99-640 (Griffen, J.), reversed and remanded March 1, 2000. [HTML, WP5.1]

Kilburn v. State, CA CR 99-523 (Griffen, J.), affirmed March 1, 2000. [HTML, WP5.1]

Miller v. Leou, CA 99-833 (Neal, J.), affirmed March 1, 2000. [HTML, WP5.1]

Morgan v. State, CA CR 99-393 (Neal, J.), affirmed March 1, 2000. [HTML, WP5.1]

Ritchie v. State, CA CR 99-885 (Roaf, J.), affirmed March 1, 2000. [HTML, WP5.1]

Williams v. State, CA CR 99-963 (Hart, J.), affirmed March 1, 2000. [HTML, WP5.1]

Wright v. State, CA CR 98-1430 (Pittman, J.), affirmed March 1, 2000. [HTML, WP5.1]

Baker v. Director of Labor, E 99-276, March 1, 2000.

Blackmon v. Director of Labor, E 99-280, March 1, 2000.

Carr v. Director of Labor, E 99-270, March 1, 2000.

Haaser v. Director of Labor, E 99-265, March 1, 2000.

Heath v. Director of Labor, E 99-278, March 1, 2000.

Howell v. Director of Labor, E 99-274, March 1, 2000.

May v. Director of Labor, E 99-281, March 1, 2000.

McAnally v. Director of Labor, E 99-277, March 1, 2000.

Owens v. Director of Labor, E 99-272, March 1, 2000.

Phillips v. Director of Labor, E 99-279, March 1, 2000.

Sayarinh v. Director of Labor, E 99-267, March 1, 2000.

Surratt v. Director of Labor, E 99-266, March 1, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CA99-797. Michael Crudup v. Regal Ware, Inc., from Workers' Compensation Commission. Reversed and Remanded. Stroud and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA99-925. Deana Ann (Evans) Billingsley v. William Russell Evans, from Izard Chancery. Affirmed. Stroud and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR98-1430. Tracy Mendoza Wright v. State of Arkansas, from Washington Circuit. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-963. Glynn Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-929. Georgia-Pacific Corporation v. Hurley Nelson, from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-451. Kirk Dupps and Cynthia Dupps v. Christopher McClung and Bare & Swett Agency, Inc., from Carroll Circuit. Affirmed. Robbins, C.J., and Stroud, J, agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-827. Billie J. Fite Key v. David A. Fite, from Ouachita Chancery. Affirmed. Bird and Meads, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-996. Toby Daugherty v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CACR99-354. Billy Mack Nichols and Byron Gillespie v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR98-1348. Frankie Evelyn Foreman v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Robbins, C.J., and Roaf, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-750. Hedger Brothers Cement and Materials, Inc. et al. v. John David Stump, from Jackson Chancery. Affirmed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Robbins, C.J., and Roaf, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-393. Randall L. Morgan v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-833. Vera Miller v. Frank Leou, M.D., from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-523. Charles Dean Kilburn v. State of Arkansas, from Conway Circuit. Affirmed. Pittman and Rogers, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-640. Imelda Khamsomphou v. Petit Jean Poultry, Inc., from Workers' Compensation Commission. Reversed and Remanded. Meads and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-652. Tommy Ellis and Addis Ellis v. Melanie Bennett and Jack Bennett, from Drew Chancery. Affirmed. Robbins, C.J., Stroud, Meads, JJ., and Hays, S.J., agree. Hart, J., dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-711. Don Fabricius v. Alta Fabricius, from Lawrence Chancery. Affirmed. Pittman and Rogers, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-522. James Don Leatherwood v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., Pittman, Jennings, Stroud, and Meads, JJ., agree. Griffen, Bird, and Neal, JJ., dissent. (3 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-288. Virgil O. Hooker et al. v. Agribank, FCB, Successor to Farm Credit Bank of St. Louis, f/k/a The Federal Land Bank of St. Louis, from St. Francis Chancery. Affirmed. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-409. Wal-Mart Stores, Inc. v. Wendy Bernard, Individually and as Mother and Next Friend of Daphne Fraser, a Minor, from White Circuit. Reversed and Remanded. Pittman, Jennings, and Bird, JJ., agree. Roaf and Neal, JJ., dissent. (3 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-685. Carlos Burdyshaw v. State of Arkansas, from Craighead Circuit. Affirmed. Jennings and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-885. Jennifer Ritchie v. State of Arkansas, from Little River Circuit. Affirmed. Bird, J., agrees. Crabtree, J., concurs. (7 PAGES + 2- PAGE CONCURRENCE 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).

E99-265. 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.

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

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

CA99-26. Randy Davis v. Old Dominion Freight Line, Inc., from Workers' Compensation Commission. Bird and Griffen, JJ., would grant.

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

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CACR99-1087. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit. Appellant's motion for final extension of brief time is granted until March 12, 2000, as final extension. Griffen, Crabtree, and Meads, JJ., would only grant until February 27, 2000.

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

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

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

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

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 is granted.

CA99-834. Boatman'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 is granted. Neal, J., not participating.

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

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 is granted. Crabtree, J., not participating.

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 is passed until case is submitted.

PETITIONS FOR REHEARING:

CACR99-260. Kenneth Hunt v. State of Arkansas, from Lee Circuit.

CA99-562. Suellen Lloyd v. United Parcel Service, from Workers' Compensation Commission.

CA99-823. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission.

CA99-839. Maverick Transportation v. David Buzzard and J.B. Hunt Trucking Company, from Workers' Compensation Commission.

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CACR99-42. Ryan Archer v. State of Arkansas, from Crawford Circuit. Motion of Billy Bob Webb for attorney's fees.

CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion to relieve counsel and to proceed pro se.

CACR99-582. Rickey Lee Martin v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

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

CA99-671. Jimmy Richard v. Michael Richard, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA99-823. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA99-998. Beverly Enterprises-Arkansas, Inc. et al. v. Paul Hillier, from Crawford Circuit. Appellee's motion to dismiss appeal.

CA99-1335. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellant's motion for oral argument.

CA99-1511. Henryk Szwedo et al. v. Columbia Doctor's Hospital et al., from Pulaski Circuit, Sixth Division. Appellants' pro se motion to supplement the record.

CA00-111. Brenda Head v. Wilbur Giles, M.D. et al., from Pulaski Circuit, Second Division. Appellees' motion to dismiss appeal.

CA00-222. Danny Wallis v. Larry Johnson, from Craighead Chancery, Western District. Appellant's motion for expedited consideration.

E00-39. Ruby Fisher v. Director et al., from Board of Review. Appellant's motion for belated appeal.

CA99-299. Wynne School District v. Chris Ellis et al., from Cross Circuit. Argued orally.

CA99-1105. John Keith Gray v. Sheila Marie Gray, from Washington Chancery. Argued orally.

CACR99-551. Daniel W. Johnson v. State of Arkansas, from Saline Circuit.

CACR99-635. Shawn Trevell Rainer v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR99-683. Larry Gattis v. State of Arkansas, from Logan Circuit, Northern District.

CACR99-761. Martin Hinkle v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-846. Christopher James Black v. State of Arkansas, from Garland Circuit.

CACR99-978. Quadney Lyvonn Garrett v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR99-997. Jerry Lee Speights v. State of Arkansas, from Faulkner Circuit.

CACR99-1051. Russell Hartzog v. State of Arkansas, from Polk Circuit.

CA99-449. Ultracuts Ltd. et al. v. Wal-Mart Stores, Inc. et al., from Benton Circuit.

CA99-459. Second Injury Fund v. Patricia Ann Fuller et al., from Workers' Compensation Commission.

CA99-736. Goldie Young v. James Young, from Garland Chancery.

CA99-789. Paul Duckson v. Sharon Cargill, from Izard Chancery.

CA99-845. Paul A. White v. Cooper Tire & Rubber, from Workers' Compensation Commission.

CA99-951. Gene Naylor v. City of Mayflower, from Faulkner Circuit.

CA99-974. Joseph Hashagen v. Tracy Hashagen Lord, from Pulaski Chancery, First Division.

CA99-993. John B. May Construction Company v. Homer Jordon, from Workers' Compensation Commission.

CA99-998. Beverly Enterprises-Arkansas, Inc. v. Paul Hillier, from Crawford Circuit.

CA99-1028. Wilma J. Castleberry v. Elite Lamp Company, from Workers' Compensation Commission.

CA99-1034. William Thomas v. Willie Wallace, from Mississippi Circuit, Chickasawba District.

CA99-1035. St. Edward's Mercy Medical Center et al. v. Karla Stoner, from Workers' Compensation Commission.

CA99-1049. Lavell Ashley v. Temporaries Plus, Inc., from Workers' Compensation Commission.