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

Opinions delivered
October 11, 2000


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Baldor Elec. Co. v. Arkansas Employment Sec. Dep't (Griffen, J.) E00-73

Unemployment compensation -- Termination policy; former employee violated reasonable standard of conduct; no showing employee intentionally or knowingly acted to harm appellant's interests; award of benefits affirmed. [HTML, WP5.1]

Kennedy v. State (Meads, J.) CACR99-1087

Evidence -- Impeachment; statements previously taken but no longer remembered admissible as inconsistent out-of-court statement; no error found. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Akee v. Akee, CA 00-343 (Jennings, J.), affirmed October 11, 2000. [HTML, WP5.1]

Dray v. City of Bentonville, CA 00-57 (Neal, J.), affirmed October 11, 2000. [HTML, WP5.1]

Frazier v. State, CA CR 99-340 (Bird, J.), affirmed October 11, 2000. [HTML, WP5.1]

Glymp v. Wal-Mart, Inc., CA 99-1452 (Hart, J.), reversed and remanded October 11, 2000. [HTML, WP5.1]

Goodrich v. State, CA 00-151 (Roaf, J.), affirmed October 11, 2000. [HTML, WP5.1]

Ratcliff v. State, CA CR 00-73 (Pittman, J.), affirmed October 11, 2000. [HTML, WP5.1]

Reed v. State, CA CR 00-371 (Crabtree, J.), affirmed October 11, 2000. [HTML, WP5.1]

Rye v. State, CA CR 00-90 (Meads, J.), affirmed October 11, 2000. [HTML, WP5.1]

Shankle v. Shankle, CA 99-1484 (Bird, J.), affirmed October 11, 2000. [HTML, WP5.1]

Shelton v. State, CA CR 99-1491 (Koonce, J.), affirmed October 11, 2000. [HTML, WP5.1]

Sims v. State, CA CR 99-1390 (Stroud, J.), affirmed October 11, 2000. [HTML, WP5.1]

Wingfield v. State, CA CR 00-344 (Robbins, C.J.), affirmed October 11, 2000. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Beck v. Director of Labor, E 00-77, October 11, 2000.

Brooks v. Director of Labor, E 00-80, October 11, 2000.

Davis v. Director of Labor, E 00-83, October 11, 2000.

Gentry v. Director of Labor, E 00-79, October 11, 2000.

Hanna v. Director of Labor, E 00-85, October 11, 2000.

Holbrook v. Director of Labor, E 00-84, October 11, 2000.

Kenney v. Director of Labor, E 00-82, October 11, 2000.

Lowe v. Director of Labor, E 00-88, October 11, 2000.

Murry v. Director of Labor, E 00-87, October 11, 2000.

Ross v. Director of Labor, E 00-86, October 11, 2000.

Tezel v. Director of Labor, E 00-89, October 11, 2000.

Thomas v. Director of Labor, E 00-78, October 11, 2000.


ORIGINAL SYLLABUS

JOHN B. ROBBINS, CHIEF JUDGE:

CACR00-344. Brian Wingfield v. State of Arkansas, from Arkansas Circuit, Southern District. Affirmed. Bird and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-73. Donald Victor Ratcliff v. State of Arkansas, from Marion Circuit. Affirmed. Stroud and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA99-1452. David Glymp and Cecelia Glymp v. Wal-Mart, Inc. and Keller Ladders, Inc., from Pulaski Circuit. Reversed and Remanded. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA00-343. Wesley Akee v. Donna Akee, from Pulaski Chancery, Fourth Division. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR99-340. Donald R. Frazier v. State of Arkansas, from Jefferson Circuit. Affirmed. Robbins, C.J., and Neal, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA99-1484. Michael Shankle v. Dianne Shankle, from Benton Chancery. Affirmed. Koonce and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

K. MAX KOONCE, II, JUDGE:

CACR99-1491. Virgil Shelton v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN F. STROUD, JR., JUDGE:

CACR99-1390. Baron Calvin Sims v. State of Arkansas, from Crittenden Circuit. Affirmed. Koonce and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-57. James Dray v. City of Bentonville, from Benton Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

E00-73. Baldor Electric Company v. Arkansas Employment Security Department, from Board of Review. Affirmed. Hart and Jennings, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-371. Randall Keith Reed v. State of Arkansas, from Bradley Circuit. Affirmed. Jennings and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

MARGARET MEADS, JUDGE:

CACR99-1087. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit. Affirmed. Pittman, Jennings, and Crabtree, JJ., agree. Hart and Roaf, JJ., dissent. (4 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-90. Tina Jo Rye v. State of Arkansas, from Benton Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-151. Amanda Goodrich v. State of Arkansas, from Marion Chancery, Juvenile Division. Affirmed. Jennings and Crabtree, JJ., agree. (8 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).

E00-77. Roger Beck v. Director et al.

E00-78. Timmy R. Thomas v. Director et al.

E00-79. Angela Gentry v. Director et al.

E00-80. Karl Marschall Brooks v. Director et al.

E00-82. Anthony C. Kenney v. Director et al.

P>E00-83. Tina Davis v. Director et al.

E00-84. Linda G. Holbrook v. Director et al.

E00-85. Danny Hanna v. Director et al.

E00-86. Sheila D. Ross v. Director et al.

E00-87. Bret Murry v. Director et al.

E00-88. Wayne B. Lowe v. Director et al.

E00-89. Lucy E. Tezel v. Director et al.

PER CURIAM ORDERS

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

CA99-1314. Phil G. Smith v. Charles O. Campbell and Charles K. Childs, from Poinsett Circuit.

CA00-108. Andrea Rychel v. Randy Williams, from Sebastian Chancery, Fort Smith District.

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CACR00-203. Robert Peters v. State of Arkansas, from St. Francis Circuit. Appellant's pro se motion to file supplemental brief is denied.

CACR00-279. Jose Barrientos v. State of Arkansas, from Faulkner Circuit. Motion to reconsider order denying appellant's motion for oral argument is denied. See per curiam of October 4, 2000.

CACR00-551. Arley David Mathis v. State of Arkansas, from White Circuit. Appellant's motion to file belated brief is granted.

CACR00-888. James Kelly Beasley v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief is granted. Brief due by October 30, 2000.

CACR00-1081. Kevin Valdez Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to dismiss appeal, or in the alternative, for appointment of counsel and to stay briefing schedule. Appeal dismissed.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion for extension of time to file supplemental record is granted. Time extended to October 30, 2000.

CA00-445. Jay B. Breslau et al. v. Mitchell S. McAlister, M.D. et al., from Washington Circuit. Appellants' motion for permission to use demonstrative exhibits in oral argument is passed until the oral argument. Roaf, J., would grant.

CA00-676. Meredith Thomas v. Bobby Thomas, from Lonoke Chancery. Motion of Herbert T. Wright, Jr., to be relieved as counsel for appellant is granted. Brief filed this date.

CA00-709. Charles R. Stewart v. Pauline G. Martin, from Pulaski Chancery, Sixth Division. Appellant's motion for additional brief time is granted as final extension. Brief due October 16, 2000.

CA00-875. Wheeler Construction Company v. Raymond L. Armstrong, from Workers' Compensation Commission. Appellee's pro se motion to file nonconforming brief is granted.

CA00-993. Daniel Newell Lestina et ux. v. Melissa A. Lestina, from Benton Probate. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA00-1007. BPS, Inc. and Micro Flo Company v. Jason Parker, from Phillips Circuit. Appellants' motion to consolidate this appeal with CA00-1032 is granted.

E00-231. Elizabeth A. Trice v. Director et al., from Board of Review. Appellees' motion to dismiss appeal is granted.

SUBMISSIONS

CA00-42. Elizabeth Hogan v. Brenda Holliday, from Union Circuit. Argued orally.

CA00-170. Oak Hill Manor, LLC v. Ark. Health Services Commission et al., from Pulaski Circuit, Seventh Division. Argued orally.

CA00-295. Jonathan Jordan et al. v. Atlantic Casualty Insurance Company, from Pulaski Circuit, Third Division. Argued orally.

CACR99-1507. Edward Wayne Buckelew v. State of Arkansas, from Van Buren Circuit.

CACR00-77. James M. Bohanan v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR00-89. Reubin Radford, III v. State of Arkansas, from Ouachita Circuit.

CACR00-200. Larry McDonald v. State of Arkansas, from Crittenden Circuit.

CACR00-208. Terri L. Bagwell v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-305. Tarsherick Holmes v. State of Arkansas, from Crittenden Circuit.

CACR00-311. Rudolph Eagle and Calvin Lee Eagle v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-318. John L. Smith, Jr. v. State of Arkansas, from Jefferson Circuit.

CACR00-369. Henry Alexander Harmon v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-383. Ronald Jerome Robinson v. State of Arkansas, from Crittenden Circuit.

CACR00-438. Pamela Tatrice Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-497. Eric Epperson and Christopher King v. State of Arkansas, from Lonoke Circuit.

CA00-47. Donna Bright v. Michael Bright, from Benton Chancery.

CA00-125. Jared W. Price v. Nichole Soto, from Sebastian Chancery, Fort Smith District.

CA00-207. Wanda Malone v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division.

CA00-293. Scott Nelson v. Harp's Food Stores, d/b/a Harp's Marketplace, from Sebastian Circuit, Fort Smith District.

CA00-297. James Gallion v. Nationwide Insurance Company et al., from Craighead Circuit, Western District.

CA00-298. The Friday Living Trust et al. v. Tampa, Inc. et al., from Garland Chancery.

CA00-328. John B. Thurman v. Marie Baker, Attorney in Fact, from Pulaski Circuit, Third Division.

CA00-352. George King et al. v. Ston Investments, from Craighead Circuit, Western District.

CA00-385. Tiffany Amelia Dinkins v. Arkansas Dept. of Human Services, from Ashley Chancery.

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

E00-104. Marie Jackson v. Director et al.

E00-105. Bernice McWhorter v. Director et al.

E00-106. Mark E. Eldridge v. Director et al.

E00-107. Thomas W. Clayborne v. Director et al.

E00-108. Patrick J. Jackson v. Director et al.

E00-109. Independent Telephone Systems v. Director et al.

E00-110. Terry Colburn v. Director et al.

E00-111. Seletha A. Stigall v. Director et al.

E00-112. Shaun Forrester v. Director et al.

E00-113. Kenneth E. Bocksnick v. Director et al.

E00-114. Scott J. Davis v. Director et al.

E00-115. Reginald L. Harris v. Director et al.