ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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71 Ark. App.

Opinions delivered
September 20, 2000


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Holland v. State (Pittman, J.) CACR99-1044

Search & seizure -- Pat-down search; justified. [HTML, WP5.1]

Pryor v. State (Roaf, J.) CACR99-726

Evidence -- Cross-examination; statement should have been admitted as prior inconsistent statement; reversed & remanded for new trial. [HTML, WP5.1]

Timmons v. McCauley (Roaf, J.) CA99-1334

Courts -- Injunctive relief; circuit court acted without subject-matter jurisdiction; order transferring possession of vehicle reversed & dismissed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Adaway v. State, CA CR 97-1022 (Crabtree, J.), affirmed September 20, 2000. [HTML, WP5.1]

Anderson v. State, CA CR 00-154 (Griffen, J.), affirmed September 20, 2000. [HTML, WP5.1]

Arkansas Presbytery v.Hudson, CA 00-14 (Per Curiam), appeal dismissed September 20, 2000. [HTML, WP5.1]

Bolton v. ConAgra, CA 00-127 (Pittman, J.), affirmed September 20, 2000. [HTML, WP5.1]

Bryan v. State, CA CR 99-1463 (Bird, J.), affirmed September 20, 2000. [HTML, WP5.1]

Cochran v. Cochran, CA 00-7 (Robbins, C.J.), affirmed September 20, 2000. [HTML, WP5.1]

Fretueg v. White River Orthopaedic Clinic, CA 00-224 (Meads, J.), affirmed September 20, 2000. [HTML, WP5.1]

Georgia-Pacific Corp. v. Miles, CA 99-1043 (Stroud, J.), affirmed September 20, 2000. [HTML, WP5.1]

Hill, Atomic v. State, CA CR 99-1495 (Stroud, J.), affirmed September 20, 2000. [HTML, WP5.1]

Hill, Gwendolyn v. Arkansas Dep't of Human Servs., CA 00-29 (Koonce, J.), affirmed September 20, 2000. [HTML, WP5.1]

Jernigan v. State, CA CR 99-1409 (Jennings, J.), affirmed September 20, 2000. [HTML, WP5.1]

Jones v. Arkansas Dep't of Human Servs., CA 00-243 (Jennings, J.), affirmed September 20, 2000. [HTML, WP5.1]

Koehn v. Booker, CA 99-1417 (Neal, J.), affirmed September 20, 2000. [HTML, WP5.1]

Moss v. Moss, CA 99-1312 (Neal, J.), affirmed September 20, 2000. [HTML, WP5.1]

Nelson v. State, CA CR 00-85 (Neal, J.), affirmed September 20, 2000. [HTML, WP5.1]

Orr, Inc. v. Hood, CA 99-868 (Roaf, J.), reversed and remanded September 20, 2000. [HTML, WP5.1]

Parish v. Aeroquip Corp., CA 99-1503 (Roaf, J.), affirmed September 20, 2000. [HTML, WP5.1]

Patton v. State, CA 00-139 (Meads, J.), affirmed September 20, 2000. [HTML, WP5.1]

Poindexter v. State, CA CR 99-1257 (Hart, J.), affirmed September 20, 2000. [HTML, WP5.1]

Robinson v. State, CA CR 99-1453 (Robbins, C.J.), affirmed September 20, 2000. [HTML, WP5.1]

Trout v. Edwards Trucking Co., CA 00-32 (Stroud, J.), affirmed September 20, 2000. [HTML, WP5.1]

Watson v. State, CA CR 99-1504 (Meads, J.), affirmed September 20, 2000. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Deaver v. Director of Labor, E 00-35, September 20, 2000.

Downtown Partnership v. Director of Labor, E 00-15, September 20, 2000.

Flemings v. Director of Labor, E 00-27, September 20, 2000.

Forbes v. Director of Labor, E 00-49, September 20, 2000.

Gandy v. Director of Labor, E 00-48, September 20, 2000.

Maholmes v. Director of Labor, E 00-43, September 20, 2000.

Ruple v. Director of Labor, E 00-42, September 20, 2000.

Sherrin v. Director of Labor, E 00-46, September 20, 2000.

Steele v. Director of Labor, E 00-45, September 20, 2000.

Thomas v. Director of Labor, E 99-268, September 20, 2000.

Tolliver v. Director of Labor, E 00-50, September 20, 2000.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR99-1453. Darnelle Rocky Robinson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Crabtree and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-7. Carol Dora Cochran a/k/a Carol Dora Darnell v. Mickey Alan Cochran, from Fulton Chancery. Affirmed. Crabtree and Meads, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR99-1044. Rosa Lee Holland v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Stroud and Neal, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA00-127. Mack Bolton v. ConAgra, from Workers' Compensation Commission. Affirmed. Stroud and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR99-1257. Marques Poindexter v. State of Arkansas, from Mississippi Circuit. Affirmed. Jennings and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-1409. Dwayne Alan Jernigan v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-243. Willie Jones v. Arkansas Department of Human Services, from Pulaski Chancery, Eighth Division. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-1463. Christopher Wayne Bryan and Catherine Ashley Bryan v. State of Arkansas, from Pulaski Circuit. Affirmed. Koonce and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CA00-29. Gwendolyn Hill v. Arkansas Department of Human Services, from Boone Chancery. Affirmed. Bird and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1495. Atomic Hill, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1043. Georgia-Pacific Corporation v. Ray Miles, from Workers' Compensation Commission. Affirmed. Jennings and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-32. John Trout v. Edwards Trucking Company, Inc. and Credit General Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-85. Larry Nelson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Stroud, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1312. Maia Moss v. Marty Moss, from Cleburne Chancery. Affirmed. Pittman and Stroud, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1417. Marles Jean Koehn et al. v. Phyllis K. Booker, from Baxter Probate and Chancery. Affirmed. Pittman and Stroud, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-154. Coy Lee Anderson v. State of Arkansas, from Ouachita Circuit. Affirmed. Hart and Jennings, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR97-1022. Oscar Adaway, Jr. v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins, C.J., and Meads, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1504. Tony Watson v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-139. Ray Patton v. State of Arkansas, from Ouachita Chancery. Affirmed. Robbins, C.J., and Crabtree, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-224. Theresa Fretueg v. White River Orthopaedic Clinic, from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Crabtree, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR99-726. Jerry Pryor v. State of Arkansas, from Howard Circuit. Reversed and Remanded. Robbins, C.J., Stroud, Griffen, and Meads, JJ., agree. Jennings, Bird, Koonce, and Crabtree, JJ., dissent. (7 PAGES + 4-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA99-868. Orr, Inc. v. David Hood, from Miller Circuit. Reversed and Remanded. Bird and Koonce, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1334. Jerry Timmons and Rex Vint v. Robert McCauley, from Pulaski Circuit. Reversed and Dismissed. Hart and Meads, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA99-1503. Lanis D. Parish v. Aeroquip Corporation, from Workers' Compensation Commission. Affirmed. Bird and Koonce, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA00-14. Arkansas Presbytery of the Cumberland Presbyterian Church et al. v. Gary D. Hudson et al., from Pope Chancery. Appeal Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

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

E99-268. Veda N. Thomas v. Director et al.

E00-15. Downtown Partnership v. Director et al

E00-27. Natalie L. Flemings v. Director et al.

E00-35. Mavor Deaver v. Director et al.

E00-42. Sandra D. Ruple v. Director et al.

E00-43. Kenneth W. Maholmes v. Director et al.

E00-45. Michael Steele v. Director et al.

E00-46. Allen W. Sherrin v. Director et al.

E00-48. Doris B. Gandy v. Director et al.

E00-49. Gayle Forbes v. Director et al.

E00-50. Regina L. Tolliver v. Director et al.

PER CURIAM ORDERS

CACR99-726. Jerry Pryor v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR99-1257. Marques Poindexter 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).

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 is moot. Motion withdrawn.

CACR00-279. Jose Barrientos v. State of Arkansas, from Faulkner Circuit. Appellant's motion for oral argument is denied.

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 is granted. Record to be completed within thirty days. Brief due thirty days thereafter.

CACR00-693. Francisco Godinas Barcenas v. State of Arkansas, from Polk Circuit. Appellant's motion for waiver of reproduction of video tape is granted.

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 is granted.

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 is granted. Forty-five days brief time granted.

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Motion of Michael Loggains to be relieved as counsel for appellant is granted. James Hensley, Jr., is appointed to represent appellant.

CA00-139. Ray Patton v. State of Arkansas, from Ouachita Chancery. Appellant's motion for anonymity is denied.

CA00-766. Lakeside Country Club, Inc., et al. v. John Spencer et al., from Saline Chancery. Appellees' motion to dismiss appeal is denied. Thirty days brief time granted.

CA00-838. Railey A. Steele v. Pamela R. Steele, from Benton Chancery. Appellant's motion to correct the record and to stay brief time is denied. Neal and Griffen, JJ., would grant. Jennings and Crabtree, JJ., not participating.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Alvin Schay for attorney's fees.

CACR99-1292. James Rorie v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams for attorney's fees.

CACR99-1415. Andra Brewer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Dale E. Adams for attorney's fees.

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file belated brief.

CACR00-519. Jules Leroy Williams v. State of Arkansas, from Independence Circuit. Appellee's motion for compliance with Rule 4-3(j)(1), and alternative, motion to stay briefing schedule.

CACR00-629. John Michael Meeks v. State of Arkansas, from Pope Circuit. Appellant's motion to amend brief and for brief time.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR00-762. State of Arkansas v. Roger Lester, from Pope Circuit. Appellee's motion to quash appellant's extension of time and for dismissal.

CACR00-762. State of Arkansas v. Roger Lester, from Pope Circuit. Appellant's motion for extension of brief time.

CACR00-1046. John E. Searcy, Jr. v. State of Arkansas, from Searcy Circuit. Appellant's pro se motion to proceed in forma pauperis.

CACR00-1047. Jim Dawson v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion to proceed in forma pauperis.

CA99-1259. Mary Bice v. Waterloo Industries, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA00-74. J & J Marotti, Inc. v. Tom Papachristou, from Crittenden Chancery. Appellant's motion for oral argument.

CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Appellee's motion to supplement the record.

CA00-469. Robert Jordan, Jr. v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Appellant's motion for brief time.

CA00-637. Roy Gene Wesley v. Howmet Aluminum Corporation et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Appellee's motion to dismiss appeal.

SUBMISSIONS

CA00-76. Agribank, FCB v. Ralph Holland, Jr. et ux., from St. Francis Circuit. Argued orally.

CACR99-521. Kevin Powell v. State of Arkansas, from Conway Circuit.

CACR99-1234. Cedric Hill v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR99-1491. Virgil Shelton v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-28. Anthony Maxfield v. State of Arkansas, from Hempstead Circuit.

CACR00-81. Thomas Kenter v. State of Arkansas, from Jefferson Circuit.

CACR00-107. Willie J. Tyler v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-113. Demetrius Heard v. State of Arkansas, from Lonoke Circuit.

CACR00-251. David Anderson v. State of Arkansas, from Greene Circuit.

CACR00-278. Mark Allen Bray v. State of Arkansas, from Garland Circuit.

CACR00-291. Marcus Hubbard v. State of Arkansas, from Pope Circuit.

CA99-1484. Michael Shankle v. Dianne Shankle, from Benton Chancery.

CA00-92. Asa John Jongewaard v. State of Arkansas, from Washington Chancery.

CA00-149. William J. Cunningham v. Scott Truck & Tractor Company, from Polk Circuit.

CA00-158. John H. Miller et ux. v. Joey King et al., from Drew Chancery.

CA00-173. Donna K. Alberson v. Automobile Club Interinsurance Exchange, from Faulkner Circuit.

CA00-216. Gladys F. Hayes v. Wal-Mart Stores, from Workers' Compensation Commission.

CA00-218. Elmer L. Mayweather v. Mangum Contracting, Inc. et al., from Workers' Compensation Commission.

CA00-225. Tracy Young v. State of Arkansas, from Garland Chancery.

CA00-228. Amy Foster v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Randolph Circuit.

CA00-260. Linda Coble v. Rhonda Sexton, from Greene Chancery.

CA00-329. Betty Cox v. Klipsch & Associates et al., from Workers' Compensation Commission.

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

E00-63. Glen Lunsford v. Director et al.

E00-64. Roger Posey v. Director et al.

E00-66. Robin L. Davis v. Director et al.

E00-67. Dorothy Huffine v. Director et al.

E00-68. Lou A. Anhalt v. Director et al.

E00-69. Allen Webster v. Director et al.

E00-71. Donald J. Clark v. Director et al.

E00-72. Norma J. Cingolani v. Director et al.

E00-73. Baldor Electric Company v. Director et al.

E00-74. Cyril D. Griffith v. Director et al.

E00-75. Marcia L. Lunsford v. Director et al.

E00-76. Jerry Hartwell v. Director et al.