Opinions delivered
September 13, 2000
Harshaw v. State (Robbins, C.J.) CACR 99-1421
Criminal law -- Manslaughter; asserting self-defense to second-degree murder does not preclude jury from considering manslaughter; trial court's failure to give instruction reversible error. [HTML, WP5.1]
Johnson v. State (Griffen, J.) CACR00-18
Criminal law -- Rape; first-degree sexual abuse; trial court did not err in denying directed verdict; victim's testimony was sufficient to support additional charge; leading questions allowed for young victim of sexual abuse; denial of motion to suppress statement that appellant did not believe her daughter was not error. [HTML, WP5.1]
Perry v. Lee County (Hart, J.) CA99-1045
Counties -- Vacation of county road; statutes relied upon by circuit court inapplicable; reversed & dismissed. [HTML, WP5.1]
Sharkey v. State (Hart, J.) CACR99-1263
Criminal procedure -- Specific argument not raised at trial; argument precluded from review. [HTML, WP5.1]
Watson v. State (Bird, J.) CACR99-1434
Criminal law -- Ark. Code Ann. §§ 5-4-103 & 16-90-120; no conflict found; jury was sentencing court; judge was without authority to enhance sentence. [HTML, WP5.1]
Worley v. State (Roaf, J.) CACR00-179
Criminal procedure -- More than one year passed between time appeal perfected & motion to dismiss heard; reversed & dismissed. [HTML, WP5.1]
Crossno v. State, CA CR 99-1131 (Hart, J.), affirmed September 13, 2000. [HTML, WP5.1]
Freight Sales Furniture Co. v. Baldridge, CA 00-109 (Meads, J.), affirmed September 13, 2000. [HTML, WP5.1]
Hoffmann v. Greenup, CA 99-1164 (Meads, J.), affirmed September 13, 2000. [HTML, WP5.1]
Hopper v. Roof, CA 00-71 (Neal, J.), reversed and remanded September 13, 2000. [HTML, WP5.1]
J.M. v. Arkansas Dep't of Human Servs., CA 99-1490 (Meads, J.), affirmed September 13, 2000. [HTML, WP5.1]
Ledbetter v. State, CA CR 00-91 (Neal, J.), affirmed September 13, 2000. [HTML, WP5.1]
McDonald v. Cates, CA 99-1205 (Stroud, J.), reversed and remanded September 13, 2000. [HTML, WP5.1]
Miller v. Transamerica Commercial Fin. Corp., CA 00-140 (Jennings, J.), dismissed September 13, 2000. [HTML, WP5.1]
Porter v. State, CA 99-1447 (Koonce, J.), affirmed September 13, 2000. [HTML, WP5.1]
Wilson v. Arkansas Dep't of Human Servs., CA 99-1067 (Robbins, C.J.), affirmed September 13, 2000. [HTML, WP5.1]
JOHN B. ROBBINS, CHIEF JUDGE:
CACR99-1421. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Crabtree and Meads, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA99-1067. Berna Wilson v. Arkansas Department of Human Services, from Pulaski Chancery, Eighth Juvenile Division. Affirmed. Crabtree and Meads, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR99-1131. James Michael Crossno v. State of Arkansas, from Yell Circuit. Affirmed. Jennings and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR99-1263. Melvin Sharkey v. State of Arkansas, from Mississippi Circuit. Affirmed. Meads and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA99-1045. Joseph L. Perry, Jr. v. Lee County, from Lee Circuit. Reversed and Dismissed. Jennings and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA00-140. Patrick S. Miller v. Transamerica Commercial Finance Corporation, from Garland Circuit. Dismissed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR99-1434. Albert J.M. "John" Watson v. State of Arkansas, from Sharp Circuit. Affirmed as Modified. Koonce and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
K. MAX KOONCE, II, JUDGE:
CA99-1447. Torian Porter v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN F. STROUD, JR., JUDGE:
CA99-1205. Bobby J. McDonald v. Renee L. Cates, from Benton Chancery. Reversed and Remanded. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR00-91. Dewayne Ledbetter v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-71. Ricky Hopper v. Joyce E. Roof, from Baxter Chancery. Reversed and Remanded. Bird and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR00-18. Robin Gail Johnson and James H. Johnson v. State of Arkansas, from Boone Circuit. Affirmed. Bird and Neal, JJ., agree. (25 PAGES PUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CA99-1164. Jo Ann Hoffmann v. Carmen Greenup, Jason Kelley, and Maurice Helms, from Benton Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-1490. J.M. et al. v. Arkansas Department of Human Services, from Lawrence Chancery. Affirmed. Robbins, C.J., and Crabtree, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-109. Freight Sales Furniture Company and ITT Hartford Insurance Company v. William R. Baldridge, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR00-179. Ruby Worley v. State of Arkansas, from Garland Circuit. Reversed and Dismissed. Bird and Koonce, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CACR99-1263. Melvin Sharkey v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Mikke Connealy Marshall for attorney's fees is denied. See Boston v. State, 341 Ark. 370, 16 S.W.3d 239 (2000).
CACR00-89. Reubin Radford, III v. State of Arkansas, from Ouachita Circuit. Appellant's motion for oral argument is denied.
CACR00-695. Clinton Flud v. State of Arkansas, from Boone Circuit. Appellee's motion to dismiss appeal is denied.
CACR00-695. Clinton Flud v. State of Arkansas, from Boone Circuit. Appellant's motion to file belated brief is granted.
CA99-1164. Jo Ann Hoffmann v. Carmen Greenup, from Benton Circuit. Motion of appellee, Carmen S. Greenup, for costs is denied. Crabtree, J., not participating.
CA00-941. J. F. Williams v. City of Sherwood, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is denied.
CACR99-1294. Pamela Alice Keith v. State of Arkansas, from Washington Circuit. Appellant's motion to stay mandate pending petition for certiorari in United States Supreme Court.
CACR00-284. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Appellant's petition for writ of certiorari to complete the record and for brief time.
CACR00-537. James Ronnie Bowen and James Richard Cagle v. State of Arkansas, from Ouachita Circuit. Appellants' motion for extension of time to file stipulation.
CACR00-693. Francisco Godinas Barcenas v. State of Arkansas, from Polk Circuit. Appellant's motion for waiver of reproduction of video tape.
CACR00-742. Kenneth Scarver v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer to be relieved as counsel for appellant and to appoint John W. Cone as counsel.
CACR00-903. William Hadl v. State of Arkansas, from Craighead Circuit, Western District. Motion of Val Price to withdraw as counsel for appellant and to appoint Terry Goodwin Jones as counsel and for brief time.
CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Motion of Michael Loggains to be relieved as counsel for appellant.
CACR00-987. Samuel West, Jr. v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin to withdraw as counsel for appellant.
CA99-1331. Kenneth G. Middleton v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to supplement abstract.
CA00-669. City of Cave Springs et al. v. City of Rogers et al., from Benton Circuit. Appellants' motion to consolidate with 00-991 or, in the alternative, to file amicus curiae brief and for brief time.
CA00-766. Lakeside Country Club, Inc., et al. v. John Spencer et al., from Saline Chancery. Appellees' motion to dismiss appeal and for brief time.
CA00-838. Railey A. Steele v. Pamela R. Steele, from Benton Chancery. Appellant's motion to correct the record and to stay brief time.
CA00-965. Tommy Sproles, Sr. v. BankTennessee, from Clark Chancery. Appellee's motion for stay.
CA00-985. Carey Barker v. Roger's Group, Inc. et al., from Faulkner Circuit. Motion of appellee, Rogers Group, Inc., to dismiss appeal.
CA99-1355. In the Matter of the Estate of James M. Berry, Deceased v. Style Optics, Inc., from Pulaski Probate, Sixth Division. Argued orally.
CA00-20. Arkansas Department of Human Services v. Denise Thomas, from Jefferson Chancery. Argued orally.
CACR99-869. Timothy L. Epps v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR99-1439. Rufus Antonio (Tony) Box v. State of Arkansas, from Nevada Circuit.
CACR99-1468. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District.
CACR99-1506. Lauren Eason v. State of Arkansas, from Pulaski Circuit, First Division.
CACR99-1509. William Blasingame v. State of Arkansas, from Polk Circuit.
CACR00-11. Scarlet Rhea O'Kelley v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR00-39. Shawn Starks v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR00-54. Bobby Cox Bail Bonds, Inc. v. State of Arkansas, from Conway Circuit.
CACR00-73. Donald Victor Ratcliff v. State of Arkansas, from Marion Circuit.
CACR00-115. Tina Stephens v. State of Arkansas, from Lonoke Circuit.
CACR00-186. Ricky Hites v. State of Arkansas, from Boone Circuit.
CACR00-204. Jimmy Ray James v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CA99-1135. Rodney Bragg v. Henry Morgan, Prosecuting Attorney et al., from Clark Circuit.
CA99-1351. Claude R. Nixon v. Penntex Construction Company, Inc., from Workers' Compensation Commission.
CA99-1411. Jack Murray et ux. v. John Street et al., from Craighead Chancery, Western District.
CA99-1459. Darrell D. Dunn v. James Weaver, Personal Representative of the Estate of Jack Weaver, from Garland Probate.
CA00-68. Tina R. Henson v. Wally D. Henson, from Pulaski Chancery, Fourth Division.
CA00-161. Larry Norman v. Penske, from Workers' Compensation Commission.
CA00-162. Jack R. Kearney v. Shelter Insurance Company, from Pulaski Circuit, Seventh Division.
CA00-164. Brookshires Grocery Company v. Lyman Pierce, from Ashley Circuit.
CA00-167. Mary L. Reed v. Arkansas Methodist Hospital, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E00-51. Glinda Lou Kidd v. Director et al.
E00-52. Billy J. Ellison v. Director et al.
E00-53. Samuel Tanner v. Director et al.
E00-54. Melena D. Bishop v. Director et al.
E00-55. Chad Daulton v. Director et al.
E00-56. William E. Carle v. Director et al.
E00-57. Shirley Walker v. Director et al.
E00-58. Patricia R. Parker v. Director et al.
E00-59. Bobby R. Simmons v. Director et al.
E00-60. Shirley Walker v. Director et al.
E00-61. Mid Arkansas Tom's Inc. v. Director et al.
E00-62. Billy J. Cates v. Director et al.