Craig v. State (Griffen, J.) CACR98-187

Criminal law -- Felony murder; reversed & remanded for new trial where appellate court could not determine whether appellant was convicted on impermissible theory; use of deadly physical force; trial court properly denied appellant's effort to present evidence to show self-defense. [HTML, WP5.1]

Garnett v. Crow (Hays, Sp.J.) CA99-920

New trial -- Appellees presented detailed evidence to support claims; trial court did not abuse discretion in granting new trial. [HTML, WP5.1]

Holt v. Holt (Pittman, J.) CA99-656

Civil procedure -- Changed circumstances & ambiguity absent; chancellor lacked jurisdiction to modify divorce decree; administrative appeal not pursued; appellee not entitled to relief in chancery court. [HTML, WP5.1]

J-M Mfg. Co., Inc. v. First Nat'l Bank of DeWitt (Stroud, J.) CA99-1047

Secured transactions -- Unperfected security interests; appellee's had priority because it was first to attach. [HTML, WP5.1]

Mangrum v. State (Bird, J.) CACR99-1076

Criminal procedure -- Ark. R. Crim. P. 24.3(b) not complied with; appeal not preserved; no written reservation of right to appeal; guilty plea entered and then disclaimed; trial judge not required to accept appellant's repudiation of earlier statements regarding voluntariness of plea. [HTML, WP5.1]

McWhorter v. McWhorter (Robbins, C.J.) CA99-455

Civil procedure -- Motion for findings of fact timely made; reversed & remanded. [HTML, WP5.1]

Miller v. Miller (Neal, J.) CA99-346

Divorce -- Property division; lien placed on appellant's business to secure payment; lien justified; chancery court properly heard tort claim under clean-up doctrine; amount of damages reasonable; no abuse of discretion in award of attorney's fees. [HTML, WP5.1]

Roberts v. Roberts (Crabtree, J.) CA99-722

Appeal & error -- Order not final; appeal dismissed. [HTML, WP5.1]

Ryan v. Reynolds (Bird, J.) CA99-305

Civil procedure -- Defaulting defendant; may not introduce evidence to defeat plaintiff's cause of action; balance for which appellant was entitled to judgment against appellee; reversed & remanded for entry. [HTML, WP5.1]

Stellpflug v. Stellpflug (Griffen, J.) CA99-1481

Parent & child -- Modification of visitation erroneous; appellee failed to meet burden of proof; modification made without material change in circumstances; reversed & dismissed. [HTML, WP5.1]

Birt v. State, CA CR 99-769 (Robbins, C.J.), affirmed April 19, 2000. [HTML, WP5.1]

Dickerson v. Arkansas Child Support Enfcm't Unit, CA 99-792 (Stroud, J.), reversed and remanded April 19, 2000. [HTML, WP5.1]

Epperson v. Progressive Cas. Ins. Co., CA 99-537 (Jennings, J.), affirmed April 19, 2000. [HTML, WP5.1]

Friddle v. Director, E 99-88 (Hays, Sp.J.), affirmed April 19, 2000. [HTML, WP5.1]

Gin v. Sanders, CA 99-1111 (Meads, J.), affirmed on direct appeal and cross-appeal April 19, 2000. [HTML, WP5.1]

Goforth v. State, CA CR 99-1019 (Stroud, J.), affirmed April 19, 2000. [HTML, WP5.1]

Green v. State, CA CR 99-1109 (Hays, Sp.J.), affirmed April 19, 2000. [HTML, WP5.1]

Howard v. State, CA CR 99-784 (Meads, J.), affirmed April 19, 2000. [HTML, WP5.1]

Jones v. State, CA CR 99-879 (Bird, J.), dismissed April 19, 2000. [HTML, WP5.1]

Mallard v. Mallard, CA 99-1107 (Koonce, J.), dismissed April 19, 2000. [HTML, WP5.1]

Marlin v. Parham, CA 99-721 (Roaf, J.), appeal dismissed April 19, 2000. [HTML, WP5.1]

Oliver v. State, CA CR 99-1129 (Neal, J.), affirmed April 19, 2000. [HTML, WP5.1]

Parker v. State, CA CR 99-445 (Hart, J.), affirmed April 19, 2000. [HTML, WP5.1]

R.D. Plant Contracting, Inc. v. T.E.C., Inc., CA 99-937 (Meads, J.), affirmed April 19, 2000. [HTML, WP5.1]

Walter v. Books-A-Million, CA 99-842 (Neal, J.), affirmed April 19, 2000. [HTML, WP5.1]

Bailey v. Director of Labor, E 99-255, April 19, 2000.

Gates v. Director of Labor, E 99-310, April 19, 2000.

Heber Springs Sch. Dist. #1 v. Director of Labor, E 99-293, April 19, 2000.

Hill v. Director of Labor, E 99-308, April 19, 2000.

Johnson v. Director of Labor, E 99-294, April 19, 2000.

Jones v. Director of Labor, E 99-312, April 19, 2000.

Long v. Director of Labor, E 99-201, April 19, 2000.

McCoy v. Director of Labor, E 99-311, April 19, 2000.

Smith v. Director of Labor, E 99-275, April 19, 2000.

Thomas v. Director of Labor, E 99-133, April 19, 2000.

Wykoff v. Director of Labor, E 99-297, April 19, 2000.

Zatarain v. Director of Labor, E 99-304, April 19, 2000.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-769. Tracey D. Birt v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Stroud and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-455. Gene McWhorter v. Bernice McWhorter, from Phillips Chancery. Reversed and Remanded. Stroud and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-656. Royce L. Holt v. George W. Holt, from Pulaski Chancery, First Division. Reversed. Stroud and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-445. Billy Joe Parker v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA99-537. Rita C. Epperson and Bennie F. Epperson v. Progressive Casualty Insurance Company, from Johnson Circuit. Affirmed. Bird and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-879. Theodore Jones v. State of Arkansas, from Pulaski Circuit. Dismissed. Koonce and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1076. Randy Wayne Mangrum v. State of Arkansas, from Greene Circuit. Affirmed. Robbins, C.J., and Crabtree, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA99-305. Eugene Ryan v. Debra Reynolds, from Pulaski Circuit. Reversed and Remanded. Neal, Crabtree, and Meads, JJ., agree. Pittman and Griffen, JJ., dissent. (6 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA99-1107. Callie Ellean Mallard (now Latimer) v. Richard Fredrick Mallard, from Conway Chancery, Second Division. Dismissed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1019. Audie Virgil Goforth v. State of Arkansas, from Mississippi Circuit, Osceola District. Affirmed. Robbins, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-792. Theo Dickerson, Jr. and Mary Dickerson v. State of Arkansas Child Support Enforcement Unit, from Jefferson Chancery, First Division. Reversed and Remanded. Robbins, C.J., and Neal, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1047. J-M Manufacturing Company, Inc. v. First National Bank of DeWitt, from Arkansas Chancery, Southern District. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1129. Jessie Oliver v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-346. Keith P. Miller v. Mary Eileen Miller, from Pulaski Chancery. Affirmed as Modified. Jennings and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA99-842. Anthony Walter v. Books-A-Million, from Pulaski Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR98-187. Toby Patrick Craig v. State of Arkansas, from Nevada Circuit. Reversed and Remanded. Pittman, Jennings, Neal, and Meads, JJ., agree. Stroud, J., and Hays, S.J., concur. Roaf and Hart, JJ., concur in part and dissent in part. (15 PAGES + 4-PAGE CONCURRENCE + 2-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CA99-1481. Gordon Andrew Stellpflug v. Vickie Verleen Doss Stellpflug, from Benton Chancery. Reversed and Dismissed. Bird and Koonce, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA99-722. Michael H. Roberts v. Jennifer Kay Roberts, from Saline Chancery. Dismissed. Robbins, C.J., and Bird, J., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-784. Marty L. Howard v. State of Arkansas, from Columbia Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-937. R.D. Plant Contracting, Inc. v. T.E.C., Inc., from Miller Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1111. Dixie Gin v. Billy Sanders, from Workers' Compensation Commission. Affirmed on Direct Appeal and Cross-Appeal. Pittman and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA99-721. Marcy Marlin v. Carol Parham et al., from Pulaski Chancery. Appeal Dismissed. Hart and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

STEELE HAYS, SPECIAL JUDGE:

CACR99-1109. Reginald Green v. State of Arkansas, from Pulaski Circuit. Affirmed. Meads and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-920. Edward L. Garnett v. Dennis Crow and Brenda Crow, from Hempstead Circuit. Affirmed. Meads, J., agrees. Roaf, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

E99-88. Donna D. Friddle v. Director, Employment Security Department, from Board of Review. Affirmed. Meads and Roaf, JJ., agree. (4 PAGES 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).

E99-133. Shirley J. Thomas v. Director et al.

E99-201. Alan L. Long v. Director et al.

E99-255. Michael Bailey v. Director et al.

E99-275. Thomas D. Smith v. Director et al.

E99-293. Heber Springs School District #1 v. Director et al.

E99-294. Cynthia A. Johnson v. Director et al.

E99-297. Caline Wykoff v. Director et al.

E99-304. Linda K. Zatarain v. Director et al.

E99-308. Ruthie M. Hill v. Director et al.

E99-310. Debra L. Gates v. Director et al.

E99-311. Wanda McCoy v. Director et al.

E99-312. James D. Jones v. Director et al.

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

CA99-493. Tim Winslow v. D & B Mechanical Contractors, from Workers' Compensation Commission. Hart, J., would grant.

CA99-672. Gary D. Gazaway v. Gary Pugh et al., from Randolph Chancery. Neal and Crabtree, JJ., would grant.

CA99-702. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Pittman, J., would grant.

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

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CACR99-354. Billy Mack Nichols, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion to file a belated petition for rehearing is denied.

CACR99-582. Rickey Lee Martin v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for reconsideration of motion for attorney's fees is certified to the Supreme Court. Pittman, J., would deny. Stroud, J., not participating.

CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for reconsideration of motion for attorney's fees is certified to the Supreme Court. Pittman, J., would deny. Stroud, J., not participating.

CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for reconsideration of motion for attorney's fees is certified to the Supreme Court. Pittman, J., would deny. Stroud, J., not participating.

CACR99-950. Jacob Oliver v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for reconsideration of motion for attorney's fees is certified to the Supreme Court. Pittman, J., would deny. Stroud, J., not participating.

CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit. Appellant's motion to strike appellee's brief is certified to the Supreme Court. Bird, J., would deny.

CACR00-120. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Gregory E. Bryant to be relieved as counsel for appellant and to stay briefing schedule is granted.

CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr. for reconsideration of motion for attorney's fees is certified to the Supreme Court. Pittman, J., would deny. Stroud, J., not participating.

CACR00-191. Dwight McClendon v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for reconsideration of motion for attorney's fees is certified to the Supreme Court. Pittman, J., would deny. Stroud, J., not participating.

CA99-1322. E.C. Barton & Company v. Anna S. Upton, from Crittenden Circuit. Appellant's motion for oral argument is granted.

CA00-75. Johnny Estrada v. Furr's Cafeteria, Inc. et al., from Workers' Compensation Commission. Appellant's motion to consolidate the previous related appeal in order for the current appeal to be reviewed by the same panel is denied. See Arkansas Supreme Court Rule 3-1(e). Request for oral argument granted. Neal, J., not participating.

CA00-92. Asa John Jongewaard v. State of Arkansas, from Washington Chancery. Appellant's motion to file enlarged statement of case is denied.

E00-65. Sharon Polk v. Director et al., from Board of Review. Appellant's motion for belated appeal is denied.

PETITIONS FOR REHEARING:

CA99-835. Daniel J. McNamara v. Daniel Bohn, from Pulaski Chancery, Sixth Division.

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

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CACR99-428. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Motion of William H. Craig for attorney's fees.

CACR99-781. Brett Allen Hoyer v. State of Arkansas, from Greene Circuit. Motion of David L. Dunagin for attorney's fees.

CACR99-1393. Phillip Brown v. State of Arkansas, from Jackson Circuit. Appellant's motion to supplement brief.

CACR00-219. Thurman Carlos Cagle, Jr. v. State of Arkansas, from Franklin Circuit, Northern District. Appellant's motion to file belated brief and for brief time.

CACR00-420. Marvin Brewer v. State of Arkansas, from White Circuit. Motion of J. Leon Johnson to be relieved as counsel for appellant.

CA99-941. Gerald Johnston et ux. v. Glen Curtis et ux., from Lonoke Chancery. Appellees' motion for attorney's fees and costs.

CA99-1135. Rodney Bragg v. Henry Morgan et al., from Clark Circuit. Appellant's pro se motion to file supplemental abstract and brief.

CA99-1291. Ottie Hooker et al. v. Agribank, from St. Francis Circuit. Appellants' pro se motion to file belated brief.

CA99-1330. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Motion of Nathan Williams to withdraw as counsel for appellant.

CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellant's pro se motion for brief time.

CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellees' motion to dismiss appeal and opposition to motion for brief time.

CA00-170. Oak Hill Manor LLC v. Arkansas Health Services Commission et al., from Pulaski Circuit, Seventh Division. Motion of separate appellees, Arkansas Health Services Agency and Arkansas Health Services Commission, to supplement the record.

CA00-275. John E. Searcy, III v. Emmett Davenport et al., from Van Buren Chancery. Appellant's pro se petition for writ of certiorari to complete the record.

CA00-320. Christine C. Larscheid v. Arkansas Department of Human Services, from Washington Chancery. Motion of Susan A. Fox to withdraw as counsel for appellant.

CA98-1362. Alltel Arkansas, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Argued orally.

CA99-435. Beal Bank, S.S.B. v. Larry J. Thornton et al., from Miller Chancery. Argued orally.

CA99-853. Dixie Lee Hudlow v. The First United Methodist Church of Hot Springs, Arkansas, from Garland Circuit. Argued orally.

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit.

CACR99-781. Brett Allen Hoyer v. State of Arkansas, from Greene Circuit.

CACR99-1000. Anthony L. Johnson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR99-1025. James Leroy Robinson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR99-1059. Samuel Gilbert v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-1161. Joe Ray Dodd v. State of Arkansas, from Clay Circuit, Western District.

CACR99-1167. Victoria Farrelly v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR99-1183. Dennis Andrews v. State of Arkansas, from Cross Circuit.

CACR99-1340. James Lee Jackson v. State of Arkansas, from Desha Circuit, Arkansas City District.

CACR99-1345. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA99-700. Timothy Bailey v. State of Arkansas, from Marion Chancery.

CA99-713. David W. Cahoon v. Barry Deacon et al., from Craighead Chancery, Western District.

CA99-941. Gerald Johnston et ux. v. Glen Curtis et ux., from Lonoke Chancery.

CA99-1039. Jack Replogle v. USA Truck, Inc., from Crawford Circuit.

CA99-1144. Atallah Kassees, Sr., Personal Representative v. Jimmy Dale Wilson et al., from Pulaski Circuit, Fifth Division.

CA99-1154. William Coleman v. Bianca Coleman, from Pulaski Chancery, Fourth Division.

CA99-1187. Eagle Bank & Trust Company v. Kurt Dixon et al., from Pulaski Circuit, Fifth Division.

CA99-1206. Rainbow Food Mart #3 et al. v. Sherry Glass, from Workers' Compensation Commission.

CA99-1209. Wal-Mart Stores, Inc. et al. v. Deborah Williams, from Workers' Compensation Commission.

CA99-1259. Mary Bice v. Waterloo Industries, Inc., from Workers' Compensation Commission.

CA99-1282. Frances Bone v. Rheem Manufacturing Company, from Workers' Compensation Commission.

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

E99-220. Pamela N. Roberson v. Director et al.

E99-247. Myron W. Siddons v. Director et al.

E99-298. Wolverine Slipper Group v. Director et al.

E99-299. Charlene Krohn v. Director et al.

E99-300. Janey Crabtree v. Director et al.

E99-305. John W. Jackson v. Director et al.

E99-313. Robert A. Johnson v. Director et al.

E99-314. Virgil L. Miller v. Director et al.

E99-315. Brodix, Inc. v. Director et al.

E99-319. John Hollender v. Director et al.

E99-321. Patricia Patty v. Director et al.

E99-322. Patrick Gambill v. Director et al.