Opinions delivered
May 9, 2001
Arkansas Dep't of Human Servs. v. Keeling (Griffen, J.) CA00-1075
Criminal law -- Abuse of adults; no statutorily required finding by director; matter affirmed where appellant agency did not comply with minimal statutory requirements. [HTML, WP5.1]
Bartley v. State (Roaf, J.) CACR00-958
Contempt -- Criminal contempt; judgment of conviction reversed where notice not given that failure to bring attorney to arraignment constituted contemptuous act. [HTML, WP5.1]
Jacks v. Western Secured Inv. Co. (Bird, J.) CA00-995
Evidence -- Exclusion of; trial court's decision to exclude evidence of appellee/intervenor's prior criminal activity affirmed on two bases. [HTML, WP5.1]
Jones v. State (Hart, J.) CACR00-284
Search & seizure -- Order for blood & saliva samples tantamount to search & seizure; warrants failed to meet constitutional requirements; refusal to declare mistrial not error; appellant convicted of rape on basis of instructions given to jury. [HTML, WP5.1]
Lee v. Konkel-Swaim (Stroud, C.J.) CA99-1191
Civil procedure -- Order not final and without certification; appeal dismissed. [HTML, WP5.1]
McEntire v. Watkins (Crabtree, J.) CA00-1082
Pleading -- Testimony was insufficient to find that appellants impliedly consented to trial of issue of acquiescence; reversed. [HTML, WP5.1]
Bruning v. Bruning, CA 00-712 (Griffen, J.), affirmed May 9, 2001. [HTML, WP5.1]
Freeman v. Roberts, CA 00-1161 (Neal, J.), reversed May 9, 2001. [HTML, WP5.1]
Garretson v. McMurry, CA 00-979 (Robbins, J.), affirmed May 9, 2001. [HTML, WP5.1]
Greer v. State, CA CR 00-871 (Stroud, C.J.), affirmed May 9, 2001. [HTML, WP5.1]
Hervey v. Garrett, CA 00-728 (Pittman, J.), affirmed May 9, 2001. [HTML, WP5.1]
Jones v. Celotex Corp., CA 00-1096 (Baker, J.), affirmed May 9, 2001. [HTML, WP5.1]
Palmer v. Palmer, CA 00-1212 (Jennings, J.), affirmed in part; reversed in part, and remanded May 9, 2001. [HTML, WP5.1]
Pollard v. Union Pac. R.R. Co., CA 00-1158 (Vaught, J.), appeal dismissed May 9, 2001. [HTML, WP5.1]
Shoney's, Inc. v. Porter, CA 00-1106 (Hart, J.), affirmed May 9, 2001. [HTML, WP5.1]
Spillers v. State, CA CR 00-616 (Robbins, J.), affirmed May 9, 2001. [HTML, WP5.1]
Ward v. State, CA CR 00-1084 (Jennings, J.), affirmed May 9, 2001. [HTML, WP5.1]
White v. Carco Carriage Corp., CA 00-1175 (Crabtree, J.), affirmed May 9, 2001. [HTML, WP5.1]
Williams v. Arkansas Dep't of Human Servs., CA 00-940 (Neal, J.), affirmed May 9, 2001. [HTML, WP5.1]
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR00-871. Clayton Greer v. State of Arkansas, from Craighead Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA99-1191. Kenneth Lee and Sandy Lee v. Julia Konkel-Swaim, from Yell Chancery. Dismissed. Pittman and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA00-728. Wilbert Hervey and Carolyn Hervey v. John Garrett, from Conway Circuit. Affirmed. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR00-284. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit. Reversed and Remanded. Neal and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA00-1106. Shoney's, Inc. v. Carol Porter, from Workers' Compensation Commission. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CACR00-1084. Katherine Ward v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-1212. Alan Palmer v. Melvin Palmer, from Polk Chancery. Affirmed in Part; Reversed in Part, and Remanded. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Vaught and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-979. Jerry Garretson and Lisa Garretson v. Katherine McMurry, from Yell Chancery. Affirmed. Vaught and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA00-995. David W. Jacks and Doris Jacks v. Western Secured Investments Company and Steven Miller, from Pulaski Chancery. Affirmed. Jennings and Griffen, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA00-712. Linda Diane Bruning v. Daniel Louis Bruning, from White Chancery. Affirmed. Jennings and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-1075. Arkansas Department of Human Services v. Ethel Keeling, from Searcy Probate. Affirmed. Jennings and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA00-940. Shelidra Williams v. Arkansas Department of Human Services, from Pulaski Chancery. Affirmed. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA00-1161. Boyd Freeman d/b/a Freeman Industries v. J.L. Roberts d/b/a J.L. Roberts Plumbing and Heating, Inc., from Johnson Circuit. Reversed. Hart and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA00-1158. James E. Pollard et al. v. Union Pacific Railroad Company et al., from Pulaski Circuit. Appeal Dismissed. Robbins and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA00-1082. Jimmy McEntire and Nellie McEntire, and M&M Land Company, Inc. v. Alta Watkins, from Van Buren Chancery. Reversed. Robbins and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA00-1175. William R. White v. Carco Carriage Corporation, from Workers' Compensation Commission. Affirmed. Robbins and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CA00-1096. Chester Jones v. Celotex Corporation, from Workers' Compensation Commission. Affirmed. Hart and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR00-958. William Jesse Bartley v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. Stroud, C.J., and Pittman, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for Rehearing was denied today in the following case.
CA00-696. Ron and Ramona Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit.
*****************************
CACR00-1184. James Carter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the abstract is granted. Abstract deemed supplemented.
CACR01-147. Daniel Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and submit a supplemental abstract and substituted brief is remanded to the trial court to settle the record within thirty days. Appellant's substituted abstract and brief is due in sixty days (July 9, 2001).
CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery, Western District. Appellant's motion for reconsideration of denial of emergency relief is denied.
CA00-1212. Alan Palmer v. Melvin Palmer, from Polk Chancery. Appellant's motion to tax costs of additional record is denied.
CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to supplement the record and for brief time is granted. Brief due June 10, 2001.
PETITIONS FOR REHEARING:
CACR00-486. Shawn Barbee v. State of Arkansas, from Ashley Circuit.
CA00-317. Sheila Wagnon d/b/a Ouachita Valley Nursing Center, Inc. v. Arkansas Health Services Agency et al., from Pulaski Circuit, Third Division.
*****************************
CACR00-980. Chet Murry v. State of Arkansas, from Monroe Circuit. Motion of Alvin Schay for attorney's fees.
CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's third motion for enlargement of time to supplement the record and for brief time, or in the alternative, petition for writ of certiorari.
CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion for stay of appeal and for leave of court to petition for writ of error coram nobis.
CACR01-218. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion to file belated brief.
CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery. Appellee's motion to dismiss appeal.
CA00-962. A.I. Credit Corporation v. Shorter College, from Pulaski Circuit, Fifth Division. Appellant's motion for attorney's fees.
CA00-1355. Anthony C. Kenney v. Dixie Restaurant et al., from Workers' Compensation Commission. Appellees' renewed motion to dismiss appeal.
CA00-1414. Dowe Marshall v. Peter Laughlin, from Yell Chancery, Northern District. Appellee's motion to file belated brief or, in the alternative, to strike appellant's brief.
CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's pro se motion to file nonconforming brief.
CA01-88. Oscar Stilley v. John Speed et al., from Sebastian Circuit, Greenwood District. Appellant's second motion for extension of brief time.
CA01-137. Lois Ruby Douglas v. Estate of A. C. Macheak, from Baxter Probate. Appellant's motion for substitution of party.
CA01-298. Mazda Motor Corporation et al. v. The Community Bank, from Lonoke Circuit. Appellant's motion to supplement the record and for brief time.
CA00-856. Bobby Bell v. State of Arkansas Office of Child Support Enforcement, from Arkansas Chancery, Northern District. Argued orally.
CA00-930. David C. Jacks v. Sandra J. Jacks, from Jefferson Chancery. Argued orally.
CACR00-462. David Spurgeon v. State of Arkansas, from Sevier Circuit.
CACR00-735. Gerald Pate v. State of Arkansas, from Faulkner Circuit.
CACR00-895. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit.
CACR00-1031. Robert Lewis, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR00-1045. Gregory Rayburn v. State of Arkansas, from Marion Circuit.
CACR00-1078. Damien D. Hodges v. State of Arkansas, from St. Francis Circuit.
CACR00-1086. Frankie Gene Irvin v. State of Arkansas, from Desha Circuit, Arkansas City District.
CACR00-1160. Johnny Paul Dodson v. State of Arkansas, from Hot Spring Circuit.
CACR00-1215. Ricardo Antonio Brewer v. State of Arkansas, from Garland Circuit.
CACR00-1235. Frederick Foster v. State of Arkansas, from Arkansas Circuit, Northern District.
CACR00-1317. Wanda Callaway v. State of Arkansas, from Jefferson Circuit.
CA00-719. David P. Brown, M. D. et al. v. Margaret Varner, from Polk Circuit.
CA00-849. Michael Eugene Strain v. Elizabeth Diane Strain, from Faulkner Chancery.
CA00-853. Charles C. Cooper v. Louise C. Cooper, from Garland Chancery.
CA00-864. Marilyn Gayle Dial v. Jesse Randal Dial, from Greene Chancery.
CA00-1076. Vicki McLelland v. Tracy McLelland, from Nevada Chancery.
CA00-1108. Weyerhaeuser Company v. Judge Thurman, from Workers' Compensation Commission.
CA00-1185. Michael Anson Thomas v. State of Arkansas, from Jefferson Circuit.
CA00-1195. Polk County v. Carl Jones, from Workers' Compensation Commission.
CA00-1202. James N. Cook v. Graves Oil Company, from Workers' Compensation Commission.
CA00-1335. Terry Bland v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District.
CA00-1365. Doug Adams v. NationsBank, from Craighead Circuit, Western District.