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

Opinions delivered
March 21, 2001


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Gabrion v. State (Roaf, J.) CACR00-473

Criminal law -- Offenses against children; videotapes of fourteen-year-old girls were "indecent" and "lewd" under Ark. Code Ann. § 5-27-304. [HTML, WP5.1]

Tweedy v. Counts (Robbins, J.) CA00-771

Highways -- Road closing valid; abutting property owners still had right to use old road for ingress and egress. [HTML, WP5.1]

Wackenhut Corp. v. Jones (Stroud, C.J.) CA00-865

Workers' compensation -- Use of word "probably" was sufficient to satisfy requirement of Ark. Code Ann. § 11-9-102(16)(B); Commission's determination that appellee's knee-replacement surgery was a reasonable and necessary consequence of her compensable injury was affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Chase v. State, CA CR 00-651 (Bird, J.), reversed and remanded March 21, 2001. [HTML, WP5.1]

Dotson v. State, CA CR 00-797 (Jennings, J.), affirmed March 21, 2001. [HTML, WP5.1]

Goman v. State, CA CR 00-121 (Baker, J.), affirmed March 21, 2001. [HTML, WP5.1]

Hockersmith v. Hockersmith, CA 00-889 (Crabtree, J.), affirmed March 21, 2001. [HTML, WP5.1]

Hyatt v. State, CA CR 00-869 (Stroud, C.J.), affirmed March 21, 2001. [HTML, WP5.1]

Jones v. Byrd, CA 00-783 (Robbins, J.), affirmed March 21, 2001. [HTML, WP5.1]

Maulding v. Heasley, CA 00-989 (Neal, J.), affirmed March 21, 2001. [HTML, WP5.1]

Meeks v. State, CA CR 00-629 (Pittman, J.), affirmed March 21, 2001. [HTML, WP5.1]

Morris v. State, CA CR 00-848 (Griffen, J.), affirmed March 21, 2001. [HTML, WP5.1]

Thompson v. Bennigans, CA 00-1000 (Roaf, J.), reversed and remanded March 21, 2001. [HTML, WP5.1]

Union County v. Grigsby, CA 00-512 (Pittman, J.), affirmed March 21, 2001. [HTML, WP5.1]

Watts v. State, CA 00-576 (Baker, J.), affirmed March 21, 2001. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Barnett v. Director of Labor, E 00-280, March 21, 2001.

Daniels v. Director of Labor, E 00-286, March 21, 2001.

Decker v. Director of Labor, E 00-287, March 21, 2001.

Dillon v. Director of Labor, E 00-279, March 21, 2001.

Green v. Director of Labor, E 00-237, March 21, 2001.

Harris v. Director of Labor, E 00-276, March 21, 2001.

Hawks v. Director of Labor, E 00-274, March 21, 2001.

Hughes v. Director of Labor, E 00-273, March 21, 2001.

Jones v. Director of Labor, E 00-281, March 21, 2001.

Swaffer v. Director of Labor, E 00-283, March 21, 2001.

Townsend v. Director of Labor, E 00-277, March 21, 2001.

Van Le v. Director of Labor, E 00-275, March 21, 2001.


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-869. Mark Anthony Hyatt v. State of Arkansas, from Crawford Circuit. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-865. Wackenhut Corporation and St. Paul Fire & Marine Insurance Company v. Geneva Marchelle Jones, from Workers' Compensation Commission. Affirmed. Jennings and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-629. John Michael Meeks v. State of Arkansas, from Pope Circuit. Affirmed. Baker and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-512. Union County, Arkansas v. Richard Grigsby, from Union Circuit. Affirmed. Baker, J., agrees. Roaf, J., concurs. (4 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-797. Andre Demont Dotson v. State of Arkansas, from Crawford Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA00-771. Thornton Tweedy and Diane Tweedy v. Ronnie Counts and Sarah Counts, from Randolph Chancery. Affirmed in Part; Reversed in Part. Bird and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-783. Rex Jones and Sharon Jones v. Tim Byrd, Angela Byrd, and Randolph County, Arkansas, from Randolph Chancery. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-651. Amanda Chase v. State of Arkansas, from Crawford Circuit. Reversed and Remanded. Robbins, J., agrees. Roaf, J., concurs. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-848. Ricky Morris v. State of Arkansas, from Johnson Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-989. Diana M. Maulding v. Elsie E. Heasley, from Pulaski Chancery. Affirmed. Stroud, C.J., and Jennings, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA00-889. Irene Hockersmith v. Glen Hockersmith, from Saline Probate. Affirmed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-121. Trish M. Goman v. State of Arkansas, from Garland Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-576. Frank Watts, II v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-473. Terry Edward Gabrion v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1000. Rodney Thompson v. Bennigans, from Workers' Compensation Commission. Reversed and Remanded. Robbins and Bird, JJ., agree. (5 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).

E00-237. Doyle Green v. Director et al.

E00-273. Tanya L. Hughes v. Director et al.

E00-274. Penny J. Hawks v. Director et al.

E00-275. Tham Van Le v. Director et al.

E00-276. Johnny L. Harris v. Director et al.

E00-277. Demetria G. Townsend v. Director et al.

E00-279. David Dillon v. Director et al.

E00-280. Tametris L. Barnett v. Director et al.

E00-281. Joe M. Jones, Jr. v. Director et al.

E00-283. Barbara M. Swaffer v. Director et al.

E00-286. Mark L. Daniels v. Director et al.

E00-287. Freeman Decker v. Director et al.

PER CURIAM ORDERS

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

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

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CACR00-788. Douglas Moten v. State of Arkansas, from Crittenden Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $750.00.

CACR00-793. Terp Glenn Leeroy Hodge and Christopher David Couch, Jr. v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $850.00.

CACR00-848. Ricky Morris v. State of Arkansas, from Johnson Circuit. Motion of Caroline L. Winningham for attorney's fees is granted. Allowed $800.00.

CACR00-1104. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Appellant's motion for extension of brief time is granted. Final extension. Crabtree, J., would deny.

CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion for extension of time to lodge record is moot.

CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion to proceed in forma pauperis is denied.

CACR00-1316. Greg Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion for appointment of counsel is denied.

CA00-1064. Donna Snow Burks et al. v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District. Appellee's petition for writ of certiorari to complete the record and for brief time is granted. Appellant's brief due thirty days from filing of corrected record.

CA00-1099. Carol Minyard v. Peter E. Habbe, from Montgomery Chancery. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CA00-1391. City of Dover v. City of Russellville et al., from Pope Circuit. Appellant's motion to file enlarged brief is denied. Brief due April 20, 2001.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to supplement the record and amended motion to supplement the record is denied. Roaf, J., would grant. Appellant's brief due in thirty days (April 20, 2001).

CA01-203. Owners Association of Foxcroft Woods, Inc. et al. v. Foxglen Associates et al., from Pulaski Chancery, Fifth Division. Appellant's motion to waive abstracting requirement is granted. Pittman, J., not participating.

CA01-222. Clyde McWilliams v. Karl W. Schmidt et al., from Pulaski Circuit, Third Division. Appellant's motion to supplement the record is denied.

CA01-251. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Running M Farms, Inc. et al., from Lafayette Circuit. Appellant's petition for writ of certiorari to complete the record is granted. Appellant's brief due thirty days from filing of corrected record.

CA01-252. First United Bank, Trustee v. Phase II, Edgewater Addition Residential Property Owners Improvement District No. 1 of Maumelle, Arkansas et al., from Pulaski Chancery, Fourth Division. Appellant's motion to consolidate the record in CA99-421 with this appeal is denied.

SUBMISSIONS

CACR00-486. Shawn Barbee v. State of Arkansas, from Ashley Circuit. Argued orally.

CA00-317. Sheila Wagnon d/b/a Ouachita Valley Nursing Center v. Arkansas Health Services Agency et al., from Pulaski Circuit, Third Division. Argued orally.

CACR99-715. Timothy Andrew Springs v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR00-323. Carl Allen v. State of Arkansas, from Jefferson Circuit.

CACR00-867. Earnest A. Pipkins v. State of Arkansas, from White Circuit.

CACR00-888. James Kelly Beasley v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-980. Chet Lee Murry v. State of Arkansas, from Monroe Circuit.

CACR00-1023. Darrell W. White v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-1039. Christopher Darnell Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA00-776. Soterra, L.L.C. v. Stephen Albert et al., from Pulaski Chancery, Third Division.

CA00-838. Railey A. Steele v. Pamela R. Steele, from Benton Chancery.

CA00-898. Michelle Tyler (formerly Talburt) v. Eddie D. Talburt, from Benton Chancery.

CA00-914. L. D. Vickers v. Terry L. Morrison et al., from Pulaski Chancery, Third Division.

CA00-950. Harvey Wikening et al. v. Sun Bay Development Corporation, from Garland Chancery.

CA00-962. A.I. Credit Corporation v. Shorter College, from Pulaski Circuit, Fifth Division.

CA00-995. David W. Jacks v. Western Secured Investments Company et al., from Pulaski Chancery, Second Division.

CA00-996. Cantrell Realty Company, Inc. v. Simmons First National Bank, from Jefferson Circuit.

CA00-1001. Carolyn Martin v. Hearn Spurlock, Inc., from White Circuit.

CA00-1022. Ben E. Keith Company, Inc. v. Willie Johnson, from Workers' Compensation Commission.

CA00-1038. Syble Akins v. Lead Hill School District et al., from Workers' Compensation Commission.

CA00-1089. Geraldine Morrow (Barnes) v. Jerry W. Morrow, from Sebastian Chancery, Fort Smith District.

CA00-1107. Marion Wise v. Greg Brewer Masonry, from Workers' Compensation Commission.

CA00-1209. Cheryl Largent v. Arkansas Department of Human Services, from Benton Chancery.

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

E99-317. Superior Senior Care, Inc. v. Director et al.

E00-282. Dana McIlvoy v. Director et al.

E00-284. Paul E. Lambert v. Director et al.

E00-285. Kimberley L. Selby v. Director et al.

E00-288. Tim C. Renshaw v. Director et al.

E00-289. Joe Young v. Director et al.

E00-290. Donna J. Harvell v. Director et al.

E00-292. Gregory Holliman v. Director et al.

E00-293. Gregory L. Cooper v. Director et al.

E00-294. Brenda G. Byrd v. Director et al.

E00-296. Valley Motors v. Director et al.

E00-298. Steven B. Hollins v. Director et al.

E00-300. David Kelley v. Director et al.