Bohanan v. State (Robbins, J.) CACR00-77

Automobiles -- DWI; incriminating statements properly admitted; Miranda warning not initially necessary; tip carried sufficient indicia of reliability to justify stop under Ark. R. Crim. P. 3.1; trial court did not err in denying motion to suppress; overwhelming evidence of guilt existed; admission of testimony harmless error. [HTML, WP5.1]

Canal Ins. Co. v. Adams (Crabtree, J.) CA00-301

Insurance -- Appellee's trailer collided with another object; loss covered under collision provision of policy. [HTML, WP5.1]

Holmesley v. Walk (Robbins, J.) CA00-518

Covenants -- Attempt to avoid clear restrictive covenant was impermissible; chancellor clearly erred. [HTML, WP5.1]

Pettit v. Allstate Ins. Co. (Hart, J.) CA00-330

Insurance -- Driver of vehicle did not fit policy definition of uninsured motorist; summary judgment properly granted. [HTML, WP5.1]

Stewart v. Stewart (Stroud, C.J.) CA99-1402

Statute of frauds -- Partial performance of contract by payment of part of purchase price & placing buyer in possession of land was sufficient to take contract out of statute; chancellor was not clearly erroneous in finding contract binding. [HTML, WP5.1]

Dunn v. State, CA CR 99-863 (Per Curiam), Petition for Rehearing denied; concurrence/dissent only February 14, 2001. [HTML, WP5.1]

Easley v. State, CA CR 00-144 (Neal, J.), reversed and remanded February 14, 2001. [HTML, WP5.1]

Faulkens v. State, CA CR 00-698 (Hart, J.), affirmed February 14, 2001. [HTML, WP5.1]

Hall v. State, CA CR 99-863 (Per Curiam), Petition for Rehearing denied; concurrence/dissent only February 14, 2001. [HTML, WP5.1]

Heathscott v. Muce, CA 00-1321 (Per Curiam), Appellants' Motion for Remand and Modification of Chancery Court Decree, for Stay of Proceedings, and for Brief Time; appeal dismissed without prejudice; dissent only February 14, 2001. [HTML, WP5.1]

Huggins v. Huggins, CA 00-226 (Neal, J.), affirmed February 14, 2001. [HTML, WP5.1]

Johnson v. State, CA CR 00-644 (Baker, J.), affirmed February 14, 2001. [HTML, WP5.1]

Kuykendall v. Kuykendall, CA 00-493 (Jennings, J.), affirmed February 14, 2001. [HTML, WP5.1]

McCormick v. State, CA CR 00-246 (Griffen, J.), appeal dismissed February 14, 2001. [HTML, WP5.1]  Substituted published opinion delivered June 27, 2001, and appears in syllabus that date.

Nicholson v. Bowers, CA 00-69 (Stroud, C.J.), affirmed February 14, 2001. [HTML, WP5.1]

Revils v. State, CA CR 00-591 (Roaf, J.), affirmed February 14, 2001. [HTML, WP5.1]

Second Injury Fund v. Hogan, CA 00-610 (Vaught, J.), affirmed February 14, 2001. [HTML, WP5.1]

Ventress v. State, CA CR 00-733 (Jennings, J.), affirmed February 14, 2001. [HTML, WP5.1]

White v. Amtran Corp., CA 99-1470 (Bird, J.), affirmed February 14, 2001. [HTML, WP5.1]

Williams v. State, CA CR 00-289 (Baker, J.), reversed and remanded February 14, 2001. [HTML, WP5.1]

Ammons v. Director of Labor, E 00-202, February 14, 2001.

Baker v. Director of Labor, E 00-206, February 14, 2001.

Brown v. Director of Labor, E 00-198, February 14, 2001.

Cantrell v. Director of Labor, E 00-203, February 14, 2001.

Combs v. Director of Labor, E 00-195, February 14, 2001.

Cravens v. Director of Labor, E 00-201, February 14, 2001.

Holt v. Director of Labor, E 00-200, February 14, 2001.

Knight v. Director of Labor, E 00-199, February 14, 2001.

Pattee v. Director of Labor, E 00-204, February 14, 2001.

Potts v. Director of Labor, E 00-196, February 14, 2001.

Williamson v. Director of Labor, E 00-205, February 14, 2001.

Zimmerman v. Director of Labor, E 00-197, February 14, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA99-1402. Abrom Stewart v. Joe Stewart, from Sevier Chancery. Affirmed. Bird and Vaught, JJ., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

CA00-69. Wendell H. Nicholson and Dianna L. Nicholson v. Marsha Rae Bowers, from Pulaski Chancery, Second Division. Affirmed. Bird and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-698. Brian Leonard Faulkens v. State of Arkansas, from Crittenden Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-330. Carl Pettit v. Allstate Insurance Company, from Pulaski Circuit, Second Division. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-733. Danny Ventress v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-493. Randy Eugene Kuykendall v. Kylan Summer Kuykendall, from Pike Chancery. Affirmed. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-77. James M. Bohanan v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Bird and Roaf, JJ., agree. Pittman, J., concurs. Hart and Neal, JJ., dissent. (10 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA00-518. Dennis Holmesley v. Chris Walk and Spouse, Individually and as Trustee of the 1997 Walk Family Trust dated 11/19/1997, from Johnson Chancery. Reversed and Remanded. Griffen and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA99-1470. C. L. White v. Amtran Corporation, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Vaught, J., agree.(6 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-246. Richard McCormick v. State of Arkansas, from Washington Circuit. Appeal Dismissed. Robbins and Neal, JJ., agree. [HTML, WP5.1]  Substituted published opinion delivered June 27, 2001, and appears in syllabus that date.  (13 PAGES + 2-PAGE CONCURRENCE + 1-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED)

OLLY NEAL, JUDGE:

CACR00-144. Jimmy Easley and Vicky Wagner Easley v. State of Arkansas, from Clark Circuit. Reversed and Remanded. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-226. Johnny Huggins v. Roxie Ann Huggins, from Van Buren Chancery. Affirmed. Robbins, J., agrees. Griffen, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA00-610. Second Injury Fund v. Roland Wayne Hogan, Service Merchandise, and Pacific Employers Insurance Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Bird, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-301. Canal Insurance Company v. Jim Adams d/b/a Adams Trucking and DeWitt Bank & Trust, from Arkansas Circuit, Southern District. Affirmed. Hart and Jennings, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-289. Dow Vandle Williams v. State of Arkansas, from St. Francis Circuit. Reversed and Remanded. Pittman and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-644. Deondra Johnson v. State of Arkansas, from Arkansas Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-591. John Revils v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Baker, JJ., agree. (5 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).

E00-195. Amy R. Combs v. Director et al.

E00-196. Ronnie L. Potts v. Director et al.

E00-197. Brenda Zimmerman v. Director et al.

E00-198. Tim R. Brown v. Director et al.

E00-199. Geraldine Knight v. Director et al.

E00-200. Cindy L. Holt v. Director et al.

E00-201. Debbie D. Cravens v. Director et al.

E00-202. Richard D. Ammons v. Director et al.

E00-203. Debbie K. Cantrell v. Director et al.

E00-204. David Pattee v. Director et al.

E00-205. Jerry L. Williamson v. Director et al.

E00-206. Larry S. Baker v. Director et al.

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

CACR99-863. Brian Hall v. State of Arkansas, from Pulaski Circuit, Seventh Division. Bird, J., would grant. (3-PAGE CONCURRENCE/DISSENT UNPUBLISHED) [HTML, WP5.1]

CACR99-863. Reginald J. Dunn v. State of Arkansas, from Pulaski Circuit, Seventh Division. Roaf, J., would grant and Stroud, C.J., joins. (5-PAGE CONCURRENCE/DISSENT UNPUBLISHED) [HTML, WP5.1]

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

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CACR00-323. Carl Allen v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion for order compelling appellee to respond is denied; but appellant's pro se points will be considered.

CACR00-698. Brian Leonard Faulkens v. State of Arkansas, from Crittenden Circuit. Motion of Chris A. Averitt for attorney's fees is granted. Allowed $850.00.

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

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 is denied.

CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record and for brief time is granted. Griffen, J., not participating.

CACR00-1265. Jimmy Dale Morgan v. State of Arkansas, from Pike Circuit. Appellant's motion to correct the record and for brief time is granted. Record to be corrected within thirty days. Brief to be filed within sixty days.

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

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

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

CA00-843. Terrell Bishop, Jr. v. Connie Hubbard Bishop, from Yell Chancery, Southern District. Appellant's motion for supersedeas bond is denied. See Home Mut. Fire Ins. Co. v. Jones, 62 Ark. App. 182, 969 S.W.2d 675 (1998).

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

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 is granted.

CA00-1321. John Parker Heathscott et al. v. Velma Muce et al., from White Chancery. Appellants' motion for remand and modification of chancery court decree, for stay of proceedings and for brief time. Appeal dismissed without prejudice. Bird, J., would deny and Jennings, J., joins. (4-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

CA00-1465. Patrick S. Miller et al. v. Transamerica Commercial Finance Corporation, from Garland Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented.

E01-15. Rebecca Eason v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied. Bird, Griffen, and Roaf, JJ., would grant.

CACR00-383. Ronald Robinson v. State of Arkansas, from Crittenden Circuit. Motion of William C. McArthur for attorney's fees.

CACR00-750. Timothy Bly Osborne v. State of Arkansas, from Independence Circuit. Appellant's motion to file belated brief.

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Appellant's motion to substitute record.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated brief.

CACR00-1201. Kenneth Ray Smith v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement brief.

CACR00-1406. Charles E. Johnson v. State of Arkansas, from Ouachita Circuit. Appellant's petition for writ of error coram nobis and to stay appeal and motion for brief time.

CACR00-1474. Jevon Cornell Jackson v. State of Arkansas, from Crittenden Circuit. Appellant's motion to supplement the record and to stay briefing schedule.

CA00-1355. Anthony C. Kenney v. Dixie Restaurant et al., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief.

CA00-1414. Dowe Marshall et al. v. Peter Laughlin, from Yell Chancery, Northern District. Appellants' motion to supplement the record.

CA01-121. Ruffin Building Systems, Inc. v. Riverdale Development Company, from Pulaski Circuit, Fifth Division. Appellant's motion to consolidate CA01-151 with this appeal.

CA00-333. Sandra B. Palmer v. The Arkansas Council on Economic Education et al., from Pulaski Circuit, Second Division. Argued orally.

CACR00-215. Tyrone Duncan v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-348. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-404. Jason McKibbin v. State of Arkansas, from Conway Circuit.

CACR00-420. Marvin Brewer v. State of Arkansas, from White Circuit.

CACR00-492. Billy Ferrall Yancey, Jr. v. State of Arkansas, from Lonoke Circuit.

CACR00-613. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit.

CACR00-707. James Harold Hoey v. State of Arkansas, from Greene Circuit.

CACR00-788. Douglas Moten v. State of Arkansas, from Crittenden Circuit.

CA00-274. Dale Moore, d/b/a Rogers Fence Company v. Sallye Hof, from Benton Circuit.

CA00-354. Paul W. Schaefer v. John M. McAlister, from Pulaski Probate, Second Division.

CA00-469. Robert Jordan, Jr. v. State of Arkansas, from Sebastian Chancery, Fort Smith District.

CA00-491. Terry L. Seamans v. Pamela L. Seamans, from Drew Chancery.

CA00-546. Emma J. Ness v. Kenneth McNinch et ux., from Faulkner Circuit.

CA00-581. Darlene Carvin v. Melvyn Bell, from Pulaski Chancery, Second Division.

CA00-624. Billy Spencer v. Regions Bank, from Garland Circuit.

CA00-682. James Tyrone, d/b/a Acme Pest Management Company v. Marcus Dennis et ux., from Crittenden Circuit.

CA00-703. Joe David Williams v. Evelyn Renee Williams, from Pope Chancery.

CA00-736. April Pack v. State of Arkansas, from Washington Chancery.

CA00-746. Swan Lake Flying Service, Inc. v. Apollo-Lakewood Aerial Services, Inc., from Jefferson Circuit.

CA00-811. Omni Holding & Development Corporation v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Crittenden Circuit.

CA00-819. Mark Eric Jorden v. Arkansas Department of Human Services, from Jefferson Chancery.

CA00-879. Myrtle Parks v. Van Buren School District et al., from Workers' Compensation Commission.

CA00-973. Lindsey Jerome Swanner v. State of Arkansas, from Polk Chancery.

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

E00-232. Beverly F. Thompson v. Director et al.

E00-233. James L. Lewis v. Director et al.

E00-234. David McKinley v. Director et al.

E00-235. Stephanie Holyfield v. Director et al.

E00-236. Lamona J. Bruton v. Director et al.

E00-238. Joyce A. Smith v. Director et al.

E00-239. Vickie Smith-Ferrell v. Director et al.

E00-241. Ramona Gentry v. Director et al.

E00-242. Yolanda G. Norton v. Director et al.

E00-243. CCT, Inc. v. Director et al.

E00-245. Wade D. Smith v. Director et al.

E00-246. Tamara D. Williams v. Director et al.