Brock v. State (Hart, J.) CACR99-714

Evidence -- Testimony introduced to show why detective contacted appellant; challenged testimony not hearsay; appellant's right to confront witnesses not violated. [HTML, WP5.1]

Edwards v. State (Neal, J.) CACR99-1229

Criminal law -- Expungement of prior conviction duty of offender; trial court did not have duty to expunge; motion in limine properly denied. [HTML, WP5.1]

Embry v. State (Koonce, J.) CACR99-1011

Search & seizure -- Appellant did not have reasonable expectation of privacy in storage shed; lacked standing to challenge search. [HTML, WP5.1]

Inge v. Walker (Bird, J.) CA99-1128

Judgment -- Summary judgment should not have been granted where motion presented material question of fact; reversed & remanded. [HTML, WP5.1]

Kopriva v. Burnett-Croom-Lincoln-Paden, LLC. (Neal, J.) CA99-1207

Torts -- Slip & fall; case involving invitee; evidence insufficient to show floor's condition caused fall; grant of JNOV proper. [HTML, WP5.1]

Miner v. State (Roaf, J.) CACR99-1346

Motions -- Directed verdict; appellant's failure to make specific motion required appellate court to affirm order. [HTML, WP5.1]

Northwest Ark. Area Agency on Aging v. Golmon (Griffen, J.) CA99-1030

Civil procedure -- Trial court abused discretion in denying appellants' motion to intervene; reversed & remanded. [HTML, WP5.1]

Second Injury Fund v. Exxon Tiger Mart, Inc. (Pittman, J.) CA99-459

Workers' compensation -- Second Injury Fund; finding of prior disability or impairment supported by claimant's testimony; preexisting disability combined with last injury to cause greater degree of disability. [HTML, WP5.1]

Wilcox v. State (Jennings, J.) CACR99-861

Constitutional law -- Motion to dismiss on double jeopardy grounds; denial of affirmed. [HTML, WP5.1]

Alumax v. Goodson, CA 99-1185 (Stroud, J.), affirmed April 26, 2000. [HTML, WP5.1]

Daniels v. State, CA CR 99-654 (Griffen, J.), affirmed April 26, 2000. [HTML, WP5.1]

J.C. Hadley's Auto v. Townsend, CA 99-866 (Robbins, C.J.), reversed and remanded April 26, 2000. [HTML, WP5.1]

Johns v. ConAgra Frozen Foods, CA 99-1268 (Griffen, J.), affirmed April 26, 2000. [HTML, WP5.1]

Lamb v. State, CA CR 99-1281 (Crabtree, J.), affirmed April 26, 2000. [HTML, WP5.1]

Marks v. State, CA CR 99-1253 (Griffen, J.), affirmed April 26, 2000. [HTML, WP5.1]

McCann v. State, CA CR 99-1344 (Meads, J.), affirmed April 26, 2000. [HTML, WP5.1]

McGraw v. Arkansas Delivery Servs., Inc., CA 99-909 (Hart, J.), affirmed April 26, 2000. [HTML, WP5.1]

Robinson v. University of Ark. for Med. Sciences, CA 99-1064 (Roaf, J.), affirmed April 26, 2000. [HTML, WP5.1]

Tackett v. Merchant's Sec. Patrol, CA 99-955 (Per Curiam), dismissed April 26, 2000. [HTML, WP5.1]

Trout v. Meeks Lumber Co., CA 99-934 (Crabtree, J.), affirmed April 26, 2000. [HTML, WP5.1]

Turner v. State, CA CR 99-880 (Robbins, C.J.), affirmed April 26, 2000. [HTML, WP5.1]

Washington v. State, CA CR 99-1082 (Koonce, J.), affirmed April 26, 2000. [HTML, WP5.1]

Whisenhunt v. State, CA CR 99-981 (Bird, J.), affirmed April 26, 2000. [HTML, WP5.1]

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-880. Bryan Curtis Turner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Stroud and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-866. J.C. Hadley's Auto v. Carolyn Townsend, from Jefferson Circuit. Reversed and Remanded. Stroud and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA99-459. Second Injury Fund v. Exxon Tiger Mart, Inc., from Workers' Compensation Commission. Affirmed. Hart and Stroud, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-714. Mashombe Shawn Brock v. State of Arkansas, from Sebastian Circuit. Affirmed. Jennings and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-909. Terry Tidwell McGraw v. Arkansas Delivery Services, Inc., from Workers' Compensation Commission. Affirmed. Jennings and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-861. George Steven Wilcox v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-981. Doyle Whisenhunt v. State of Arkansas, from Sevier Circuit. Affirmed. Koonce and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1128. Margaret Inge v. Scott Walker, from Sebastian Circuit, Greenwood District. Reversed and Remanded. Koonce and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-1011. Brian Embry v. State of Arkansas, from Pope Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-1082. Timothy Washington v. State of Arkansas, from Crittenden Circuit. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CA99-1185. Alumax v. Marshall Goodson, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Neal, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR99-1229. Brian Antonio Edwards v. State of Arkansas, from White Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1207. Dorothea Kopriva and Stanley Kopriva v. Burnett-Croom-Lincoln-Paden, LLC., from Baxter Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR99-654. William Leroy Daniels v. State of Arkansas, from Benton Circuit. Affirmed. Jennings and Neal, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1253. Jamie Lynn Marks v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Koonce, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1030. Northwest Arkansas Area Agency on Aging and Risk Management Resources v. Norma Golmon and Harry Golmon et al., from Baxter Circuit. Reversed and Remanded. Jennings and Neal, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1268. Walter B. Johns v. ConAgra Frozen Foods, from Workers' Compensation Commission. Affirmed. Bird and Koonce, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR99-1281. Arthur Stanley Lamb v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-934. Bernard Trout v. Meeks Lumber Company, from Workers' Compensation Commission. Affirmed. Pittman and Meads, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1344. Benjamin F. McCann v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-1346. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Jennings, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1064. Dorothy Robinson v. University of Arkansas for Medical Sciences, from Workers' Compensation Commission. Affirmed. Hart and Jennings, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA99-955. Janice Tackett v. Merchant's Security Patrol, from Washington Circuit. Dismissed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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 is granted. Allowed $750.00.

CACR99-921. Eric Fobbs v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

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

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 is granted.

CACR00-420. Marvin Brewer v. State of Arkansas, from White Circuit. Motion of J. Leon Johnson to be relieved as counsel for appellant is remanded to the trial court pursuant to Brewer v. State, 66 Ark. App. 324, 992 S.W. 2d 140 (1999).

CA99-1053. Gary Haywood v. State of Arkansas, from Garland Chancery. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

CA99-1135. Rodney Bragg v. Henry Morgan et al., from Clark Circuit. Appellant's pro se motion to file supplemental abstract and brief is granted. Substituted abstract and brief to be filed in thirty days.

CA99-1201. Helen Bowers et al. v. J. Harmon Smith et al., from St. Francis Probate. Motion of appellee, B. Michael Easley, to correct or supplement the record, for writ of certiorari and to stay brief time. Leave granted to appellee to supplement the record on appeal at appellee's expense within thirty days. Appellant may file substituted abstract and brief within sixty days. Pittman and Roaf, JJ., not participating.

CA99-1291. Ottie Hooker et al. v. Agribank, from St. Francis Circuit. Appellants' pro se motion to file belated brief is denied. Appeal dismissed. Roaf, J., would grant. Pittman, J., not participating.

CA99-1330. Carey Barker v. Rogers Group, Inc. et al., from Faulkner Circuit. Motion of Nathan Williams to withdraw as counsel for appellant is granted. Neal, J., not participating.

CA99-1466. Ottie Hooker v. Producers Tractor Company et al., from St. Francis Chancery. Appellant's pro se motion for brief time is granted. Bird, Griffen, and Crabtree, JJ., would deny. Pittman, J., not participating.

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. Motion to dismiss denied. Bird, Griffen, and Crabtree, JJ., would grant. Pittman, J., not participating.

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, and appellants to supplement the record is granted. Record deemed supplemented.

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 is denied.

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 is granted.

PETITION FOR REHEARING:

CA99-918. Bryan Hosto v. Intellinet, LLC et al., from Pulaski Circuit, First Division.

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CACR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit. Motion of Caroline L. Winningham for attorney's fees.

CACR00-171. David Bryan James v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

CACR00-438. Pamela Tatrice Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Lea Ellen Fowler to be relieved as counsel for appellant.

CACR00-462. David Spurgeon v. State of Arkansas, from Sevier Circuit. Motion of Mickey Buchanan to be relieved as counsel for appellant and to substitute Alvin Schay as counsel.

CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit. Appellee's motion to strike reply brief, or in the alternative, portions thereof.

CA99-1191. Kenneth Lee et al. v. Julia Konkel-Swaim et al., from Yell Chancery, Southern District. Appellants' motion to correct and clarify and for brief time.

CA99-1358. Charles H. Johnson v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Appellee's motion to file supplemental brief.

CA00-56. Overtus Brinker v. Forrest City School District No. 7 et al., from St. Francis Circuit. Motion of appellee, Southern Farm Bureau Casualty, to dismiss its cross-appeal.

CA00-111. Brenda Head v. Wilbur Giles, M. D. et al., from Pulaski Circuit, Second Division. Appellant's motion to file belated brief.

CA00-117. Jerry Norrell v. Wilbur Giles, M.D. et al., from Pulaski Circuit, Sixth Division. Appellant's motion to file belated brief.

CA00-176. Shellie D. Coffman v. Collier Investments, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA00-255. Versie Burch v. Bennie Griffe, from Pulaski Probate, Fifth Division. Appellant's motion to consolidate this appeal with CA00-444.

CA00-277. Jose Antonio Aldaco v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record.

CA00-301. Canal Insurance Company v. Jim Adams, from Arkansas Circuit, Southern District. Appellant's petition for writ of certiorari to complete the record.

CA00-316. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to complete the record.

CA00-334. George L. Seay et al. v. Wildlife Farms, Inc. et al., from Arkansas Chancery, Northern District. Appellants' motion to supplement the record.

CA99-1190. Ted R. Pittman et al. v. NW Village Partners, Ltd. et al., from Washington Circuit. Argued orally.

CA99-1232. Diane M. Raymond v. Daniel A. Raymond, from Washington Chancery. Argued orally.

CACR98-1442. James L. Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR99-483. William Dale Hawkins v. State of Arkansas, from Washington Circuit.

CACR99-949. Aubrey Kelly, Jr. v. State of Arkansas, from Crittenden Circuit.

CACR99-1218. Ricky L. Crisp v. State of Arkansas, from Benton Circuit.

CACR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit.

CACR99-1235. James Rasco, Jr. v. State of Arkansas, from White Circuit.

CACR99-1266. Margaret Ann McCadney v. State of Arkansas, from Pulaski Circuit, First Division.

CA99-935. David J. Potter v. Margaret Magee, from Miller Circuit.

CA99-944. Elwin A. Hoover v. Gae Von Hoover, from Sebastian Chancery, Fort Smith District.

CA99-945. Tona M. Summers Demers v. First Nationwide Mortgage Corporation, from Pulaski Chancery, Sixth Division.

CA99-973. Otto W. Hess v. Chicago Mill & Lumber Company, from Phillips Chancery.

CA99-994. Donnie R. Reed et ux. v. Arkansas State Highway Commission, from Randolph Circuit.

CA99-1085. Dejuan R. Trammell v. State of Arkansas, from Sebastian Chancery, Fort Smith District.

CA99-1099. George Holaway v. Margaret Holaway, from Pulaski Chancery, Sixth Division.

CA99-1153. Potlatch Corporation v. Larry Dale Triplett, from Hempstead Chancery.

CA99-1174. Office of Child Support Enforcement v. Joe Morris Calbert, from Bradley Chancery.

CA99-1254. Robert Cole v. Office of Child Support Enforcement et al., from Cross Chancery.

CA99-1255. Stephanie Rothbaum v. Motor Appliance Corporation et al., from Workers' Compensation Commission.

CA99-1287. Beech Trucking Company et al. v. William Suggs, from Workers' Compensation Commission.

CA99-1299. Jerry White v. Russellville Steel Company, from Workers' Compensation Commission.

CA99-1358. Charles H. Johnson v. Georgia-Pacific Corporation, from Workers' Compensation Commission.

CA99-1359. James Edward Kelly, III v. Michelle Newhouse Kelly, from Sebastian Chancery, Fort Smith District.

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

E99-292. Linda L. Shrum v. Director et al.

E99-296. Bruce E. Green v. Director et al.

E99-301. Julie Hefner v. Director et al.

E99-302. Bobby Yates v. Director et al.

E99-303. Bart Steadman v. Director et al.

E99-306. Teresa Green v. Director et al.

E99-307. Carolyn Harris v. Director et al.

E99-309. Billy A. Taylor v. Director et al.

E99-318. Lara Aspedon v. Director et al.

E99-320. Lonnie Cockrell v. Director et al.

E99-323. Corella L. Kincade v. Director et al.

E99-324. Harold Sutton v. Director et al.