Barrientos v. State (Bird, J.) CACR00-279

Criminal procedure -- No basis for trial court's finding of probable cause to stop appellant's vehicle; case remanded with directions to suppress evidence; substantial evidence supported conclusion that appellant was working to transport & distribute illegal drugs; trial court did not err in denying directed-verdict motion. [HTML, WP5.1]

Epps v. State (Jennings, J.) CACR99-869

Evidence -- Trial judge has discretion in manner in which proffer is made; trial court informed appellant proffer could be made at later time; ruling not in error; judges have discretion to regulate conduct of trial; not bound to determine case on improper evidence; court's rulings on evidence appeared correct; trial court committed no reversible error. [HTML, WP5.1]

Hopper v. Daniel (Stroud, C.J.) CA00-464

Property -- Adverse possession; assessment of property in appellant's name did not satisfy requirements with respect to out-of-state co-tenant. [HTML, WP5.1]

Moreland v. Hortman (Hart, J.) CA00-527

Parent & child -- Two children were members of separate households; administrative order was applied contrary to language; consolidation of cases was abuse of discretion; chancellor reversed. [HTML, WP5.1]

Moses v. State (Stroud, C.J.) CACR00-119

Criminal law -- Stalking; appellant's conduct constituted harassing course of conduct as contemplated by statute; sufficient evidence of terroristic threat to sustain appellant's first-degree stalking conviction; appellant not subject to double jeopardy based upon previous conviction for terroristic threatening. [HTML, WP5.1]

Rabb v. State (Vaught, J.) CACR00-153

Criminal law -- Possession of controlled substance with intent to deliver; physical evidence alone sufficient for affirmance of appellant's conviction; sufficient evidence to sustain conviction for criminal conspiracy; rifle not readily accessible for use; simultaneous possession conviction reversed & dismissed. [HTML, WP5.1]

Syakhasone v. State (Griffen, J.) CACR00-496

Search & seizure -- Knock-&-announce requirement not perfunctory; officers must wait reasonable length of time to afford occupant chance to comply before entering by force; knock-&-announce guideline not met; exigent circumstances for forced entry not present; reversed & remanded. [HTML, WP5.1]

Cunningham v. Walker, CA 00-533 (Robbins, J.), affirmed February 7, 2001. [HTML, WP5.1]

Erickson v. Erickson, CA 00-421 (Neal, J.), affirmed as modified February 7, 2001. [HTML, WP5.1]

Holsted v. McVay, CA 00-398 (Roaf, J.), affirmed February 7, 2001. [HTML, WP5.1]

J & J Marotti, Inc. v. Papachristou, CA 00-74 (Per Curiam), Petition for Rehearing denied February 7, 2001. [HTML, WP5.1]

McDougal v. State, CA CR 00-718 (Roaf, J.), affirmed February 7, 2001. [HTML, WP5.1]

McIntosh v. State, CA CR 00-466 (Crabtree, J.), reversed and remanded February 7, 2001. [HTML, WP5.1]

Norwood v. Bailey, CA 00-556 (Vaught, J.), affirmed February 7, 2001. [HTML, WP5.1]

Starks v. State, CA CR 00-39 (Hart, J.), rebriefing ordered February 7, 2001. [HTML, WP5.1]

Teague v. State, CA CR 00-722 (Pittman, J.), affirmed February 7, 2001. [HTML, WP5.1]

Turnage v. State, CA CR 00-777 (Robbins, J.), affirmed February 7, 2001. [HTML, WP5.1]

Williams v. State, CA CR 00-429 (Jennings, J.), rebriefing ordered February 7, 2001. [HTML, WP5.1]

Davison v. Director of Labor, E 00-212, February 7, 2001.

Eslinger v. Director of Labor, E 00-209, February 7, 2001.

Flowers v. Director of Labor, E 00-218, February 7, 2001.

Ford v. Director of Labor, E 00-211, February 7, 2001.

Hobeck v. Director of Labor, E 00-213, February 7, 2001.

Marise v. Director of Labor, E 00-207, February 7, 2001.

McKinley v. Director of Labor, E 00-214, February 7, 2001.

Qualls v. Director of Labor, E 00-208, February 7, 2001.

Roberts v. Director of Labor, E 00-210, February 7, 2001.

Rogers v. Director of Labor, E 00-217, February 7, 2001.

Steinman v. Director of Labor, E 00-215, February 7, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-119. Malchijah Jake Moses v. State of Arkansas, from Clark Circuit. Affirmed. Bird and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-464. John Henry Hopper et al. v. Tom Daniel et al., from Yell Chancery. Affirmed. Hart, Jennings, Robbins, and Neal, JJ., agree. Bird, J., dissents. (9 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-722. Thomas Teague v. State of Arkansas, from Monroe Circuit. Affirmed. Baker and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-39. Shawn Starks v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Jennings, Robbins, Griffen, Crabtree, and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-527. Marilee Moreland v. Robert J. Hortman, from Garland Chancery. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR99-869. Timothy L. Epps v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart, Robbins, Crabtree, and Baker, JJ., agree. Griffen, J., dissents. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Pittman and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-777. John W. Turnage v. State of Arkansas, from Lonoke Circuit. Affirmed. Neal, J., agrees. Griffen, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-533. Kubard Cunningham et al. v. Ova Walker, from Arkansas Chancery, Northern District. Affirmed. Griffen and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-279. Jose Barrientos v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Stroud, C.J., and Jennings, J., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-496. Phetaphay Syakhasone v. State of Arkansas, from Sebastian Circuit. Reversed and Remanded. Roaf, J., agrees. Pittman, J., concurs. (12 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Affirmed as Modified. Robbins and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-153. Kathy S. Rabb v. State of Arkansas, from Drew Circuit. Affirmed in Part; Reversed and Dismissed in Part. Stroud, C.J., and Bird, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-556. William Henry Norwood and Georgia Ann Williams v. Convie Dewey Bailey, II and Peggy McKee Bailey, from Faulkner Chancery. Affirmed. Stroud, C.J., and Bird, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-466. Robert R. McIntosh, Sr. v. State of Arkansas, from Pulaski Circuit, First Division. Reversed and Remanded. Hart and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-718. Steven McDougal v. State of Arkansas, from Benton Circuit. Affirmed. Pittman and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-398. Danny Holsted v. Mark McVay, from Bradley Probate. Affirmed. Pittman and Baker, JJ., agree. (9 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).

E00-207. Rickey L. Marise v. Director et al.

E00-208. Vicky S. Qualls v. Director et al.

E00-209. Jimmy L. Eslinger v. Director et al.

E00-210. Eddie Ray Roberts v. Director et al.

E00-211. Thelma L. Ford v. Director et al.

E00-212. Annette Davison v. Director et al.

E00-213. Michael C. Hobeck v. Director et al.

E00-214. David McKinley v. Director et al.

E00-215. Rachel A. Steinman v. Director et al.

E00-217. Phillip Rogers v. Director et al.

E00-218. Jonathan Eric Flowers v. Director et al.

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA00-74. J & J Marotti, Inc. v. Tom Papachristou, from Crittenden Chancery. See supplemental opinion this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

****************************

CACR00-78. Theo Hoover v. State of Arkansas, from Pike Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $900.00.

CACR00-119. Malchijah Jake Moses v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $850.00.

CACR00-458. Dianna Smith v. State of Arkansas, from Chicot Circuit. Motion of James H. Phillips for attorney's fees is granted. Allowed $750.00.

CACR00-543. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for release of materials is denied.

CACR00-820. Ronald Owen v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file belated brief and for additional brief time is granted. Brief due in thirty days.

CACR00-1030. Gregory F. Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file belated supplemental record is granted.

CACR00-1238. Lucky Dale Patton v. State of Arkansas, from Phillips Circuit. Appellant's petition for writ of certiorari to complete the record is granted.

CACR00-1303. Mitchell Trimble and Melody Trimble v. State of Arkansas, from Saline Circuit. Appellants' motion to file belated brief is granted. Brief due in thirty days.

CACR00-1303. Mitchell Trimble and Melody Trimble v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal is denied.

CA99-1502. Michael Pyle v. Brian Sayers, from Union Probate. Appellee's motion for attorney's fees is denied.

CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Appellee's motion to dismiss appeal is denied. See opinion this date.

CA00-421. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Appellee's motion to supplement record is denied. See opinion this date.

CA00-1007. BPS, Inc. et al. v. Jason Parker, from Phillips Circuit. Appellee's motion to dismiss appeal is granted. Pittman, Griffen, and Crabtree, JJ., would deny.

CA00-1211. Ronnie Dubose v. City of Sherwood Police Department, from Pulaski Circuit, Sixth Division. Appellee's motion to settle the record is granted. Record deemed supplemented.

CA00-1405. Carl Walker et al. v. Nydia Spencer, from Faulkner Probate. Appellant's motion to complete the record and for brief time is remanded to the trial court to settle the record within thirty days. Brief due in sixty days. Baker, J., not participating.

CA00-1463. Oscar Stilley v. Margaret James et al., from Sebastian Circuit, Greenwood District. Appellant's motion to consolidate appeal with CA01-88 is denied. Motion for brief time granted.

E01-11. Winona Ahart v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is granted. Pittman and Crabtree, JJ., would deny.

CACR00-323. Carl Allen v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion for order compelling appellee to respond.

CACR00-563. Timothy Tyrone Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Clarence W. Cash for attorney's fees.

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for appointment of counsel.

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for appointment of counsel, or in the alternative, to be allowed to proceed pro se.

CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record and for brief time.

CACR00-1265. Jimmy Dale Morgan v. State of Arkansas, from Pike Circuit. Appellant's motion to correct the record and for brief time.

CACR00-1393. Gary Theodore Acklin v. State of Arkansas, from Baxter Circuit. Appellee's motion to dismiss appeal.

CACR00-1398. Earl Samuel Hulbert v. State of Arkansas, from Baxter Circuit. Appellee's motion to dismiss appeal.

CACR00-1410. Raymond Smith v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal.

CA00-1151. Daniel R. Jones v. Atlas Carriers, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA00-1208. Tom Jeffrey d/b/a Tom Jeffrey Roofing & Painting v. Preecha Inprom d/b/a Bangkok Video, from Sebastian Circuit, Fort Smith District. Appellant's motion to amend brief.

E01-15. Rebecca Eason v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E01-31. Melissa Ferguson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E01-32. Rhonda K. Stewart-Fraizer v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA00-761. John A. Ryles et al. v. James Robert Alexander et al., from Pulaski Chancery, Fourth Division. Argued orally.

CACR99-809. James Avery Slack v. State of Arkansas, from Faulkner Circuit.

CACR00-137. Donald Gene Strom v. State of Arkansas, from Grant Circuit.

CACR00-294. Jessie Duckett v. State of Arkansas, from Garland Circuit.

CACR00-563. Timothy Tyrone Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-595. Jason Shawn Morgan v. State of Arkansas, from Johnson Circuit.

CACR00-639. Johnny J. Pemberton v. State of Arkansas, from Drew Circuit.

CACR00-683. Jerry Williams v. State of Arkansas, from Yell Circuit, Northern District.

CACR00-793. Terp Glenn Leroy Hodge and Christopher David Couch, Jr. v. State of Arkansas, from Saline Circuit.

CA00-277. Jose Antonio Aldaco v. State of Arkansas, from Washington Circuit.

CA00-393. Stephen Clemmons v. Office of Child Support Enforcement, from Pope Chancery.

CA00-507. Arkansas Steel Erectors, Inc. v. M. C. White Construction Company, Inc. et al., from Baxter Circuit.

CA00-559. Marty L. Justice v. Little Rock School District, from Workers' Compensation Commission.

CA00-569. Mary C. Ownbey v. Mountain Home Public Schools, from Workers' Compensation Commission.

CA00-584. Capitol Life and Accident Insurance Company v. Lela K. Phelps, from Sebastian Chancery, Greenwood District.

CA00-617. Melvin L. Wiley et al. v. Carolyn J. Wiley, from Johnson Chancery.

CA00-620. Randall Goodwin et ux. v. Wal-Mart Stores, Inc., from Washington Circuit.

CA00-622. Joe Hobbs, d/b/a Superior Marble & Glass v. Doug Smith, from Garland Circuit.

CA00-652. James H. Collins et ux. v. Melvin D. Jackson et ux., from Arkansas Chancery, Southern District.

CA00-667. Daniel Andrews v. Robert G. Horton, from Pulaski Circuit, Sixth Division.

CA00-672. Laura DuMontier v. Ray Lower & Associates, Inc. et al., from Carroll Circuit, Western District.

CA00-689. James Edens v. Superior Marble & Glass et al., from Workers' Compensation Commission.

CA00-700. Mark Adams et al. v. Richard Wolf et al., from Madison Circuit.

CA00-769. Thomas Beyer et ux. v. Woodridge Land Company, Inc, from Benton Chancery.

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

E00-219. Betty L. Siltman v. Director et al.

E00-220. Linda Anderson v. Director et al.

E00-221. Gloria S. Tinzie v. Director et al.

E00-222. Ericka D. George v. Director et al.

E00-223. Hung Nguyen v. Director et al.

E00-224. Eloise Stitts v. Director et al.

E00-225. Carla J. Strickland v. Director et al.

E00-226. Charles R. Brown v. Director et al.

E00-227. Denise Brantley v. Director et al.

E00-228. Danny E. Thomas v. Director et al.

E00-229. Tonya Hodges v. Director et al.

E00-230. Odell Levy v. Director et al.