Baldwin v. State (Crabtree, J.) CACR00-970

Appeal & error -- Appeal from municipal to circuit court; appeal failed to comply with Inferior Court Rule 9. [HTML, WP5.1]

Carman v. Haworth, Inc. (Vaught, J.) CA00-1267

Workers' compensation -- Muscle tightness not equated with muscle spasm; appellant failed to establish compensable injury by medical evidence supported by objective findings. [HTML, WP5.1]

Hass v. Hass (Pittman, J.) CA00-1432

Parent & child -- Relocation disputes; advantage to family unit of move to another city were clear; chancellor erred in finding no reasonable alternative to visitation schedule if relocation allowed. [HTML, WP5.1]

Lee v. Dr. Pepper Bottling Co. (Stroud, C.J.) CA00-1088

Workers' compensation -- Denial of benefits; appellate court not convinced that fair-minded persons could not have reached conclusion arrived at by Commission; Commission did not rely on disputed bases in decision. [HTML, WP5.1]

Lewis v. State (Vaught, J.) CACR00-1031

Evidence -- Excited-utterance exception to hearsay rule; statement inadmissible where there was no proof that it was made under stress of excitement; corroborated confession & medical evidence constituted overwhelming evidence of appellant's guilt; trial court's admission of child's statement was harmless error. [HTML, WP5.1]

Beasley v. Vanatta, CA 00-1019 (Neal, J.), affirmed May 30, 2001. [HTML, WP5.1]

Bland v. Arkansas Dep't of Human Servs., CA 00-1335 (Vaught, J.), affirmed May 30, 2001. [HTML, WP5.1]

Bolton v. State, CA CR 00-881 (Vaught, J.), affirmed May 30, 2001. [HTML, WP5.1]

Charton v. State, CA CR 00-1229 (Robbins, J.), affirmed May 30, 2001. [HTML, WP5.1]

Jackson v. State, CA CR 00-1121 (Pittman, J.), affirmed May 30, 2001. [HTML, WP5.1]

Latta v. State, CA CR 00-910 (Jennings, J.), affirmed May 30, 2001. [HTML, WP5.1]

Lestina v. Lestina, CA 00-993 (Bird, J.), affirmed May 30, 2001. [HTML, WP5.1]

Mitchener Excavation v. McAfee, CA 00-1090 (Hart, J.), affirmed May 30, 2001. [HTML, WP5.1]

Romo v. Romo, CA 00-957 (Stroud, C.J.), affirmed May 30, 2001. [HTML, WP5.1]

Spencer v. State, CA CR 00-826 (Neal, J.), affirmed May 30, 2001. [HTML, WP5.1]

Stevens v. State, CA CR 00-1319 (Bird, J.), affirmed May 30, 2001. [HTML, WP5.1]

Weyerhaeuser Co. v. Thurman, CA 00-1108 (Jennings, J.), affirmed May 30, 2001. [HTML, WP5.1]

Womble v. Gray, CA 00-1016 (Jennings, J.), affirmed on direct and cross-appeal May 30, 2001. [HTML, WP5.1]

Ahart v. Director of Labor, E 01-11, May 30, 2001.

Bowman v. Director of Labor, E 01-17, May 30, 2001.

Bush v. Director of Labor, E 01-7, May 30, 2001.

Crossley v. Director of Labor, E 01-18, May 30, 2001.

Hammons v. Director of Labor, E 01-12, May 30, 2001.

Hawkins v. Director of Labor, E 01-13, May 30, 2001.

Long v. Director of Labor, E 01-19, May 30, 2001.

Meyers v. Director of Labor, E 01-21, May 30, 2001.

Reed v. Director of Labor, E 01-20, May 30, 2001.

Scott v. Director of Labor, E 01-14, May 30, 2001.

Spurlin v. Director of Labor, E 01-22, May 30, 2001.

Welles v. Director of Labor, E 01-16, May 30, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA00-957. Brenda G. Romo v. Joel R. Romo, from Sebastian Chancery. Affirmed. Hart and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1088. Timothy C. Lee v. Dr. Pepper Bottling Company, from Workers' Compensation Commission. Affirmed. Pittman, Hart, and Baker, JJ., agree. Neal and Roaf, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-1121. Robert Earl Jackson v. State of Arkansas, from Bradley Circuit. Affirmed. Bird and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1432. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Chancery. Reversed and Remanded. Stroud, C.J., and Roaf, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA00-1090. Mitchener Excavation and RLI Insurance Company v. Gregory "Mac" McAfee, d/b/a Blocktech Construction, and Frontier Insurance Company, from Pulaski Circuit, Third Division. Affirmed. Stroud, C.J., and Crabtree, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-910. Mark Latta v. State of Arkansas, from Garland Circuit. Affirmed. Robbins and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1016. J. W. Womble and Norma Womble v. Cindy Gray, from Hempstead Chancery. Affirmed on Direct and Cross-Appeal. Robbins and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1108. Weyerhaeuser Company v. Judge Thurman, Jr., from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1229. Jerald Michael Charton v. State of Arkansas, from Conway Circuit. Affirmed. Jennings and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-1319. Gregory Lee Stevens and Gail Ruth Russell a/k/a Swenson v. State of Arkansas, from Crawford Circuit. Affirmed. Neal, J., agrees. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-993. Daniel Newell Lestina and Deborah Kaye Lestina v. Melissa Lestina, from Benton Probate. Affirmed. Jennings and Griffen, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-826. Cornelius Spencer v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1019. F. Lee Beasley, III v. Hal B. Vanatta, from Garland Circuit. Affirmed. Bird, J., agrees. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit. Affirmed. Griffen and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1031. Robert Lewis, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Griffen and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1267. Vicky Carman v. Haworth, Inc., from Workers' Compensation Commission. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1335. Terry Bland v. Arkansas Department of Human Services, from Sebastian Chancery. Affirmed. Griffen and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-970. Howard Randy Baldwin v. State of Arkansas, from Saline Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES PUBLISHED) [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).

E01-7. Dorothy Sue Bush v. Director et al.

E01-11. Winona Ahart v. Director et al.

E01-12. Charles C. Hammons v. Director et al.

E01-13. Troy Hawkins v. Director et al.

E01-14. Terrance L. Scott v. Director et al.

E01-16. William R. Welles v. Director et al.

E01-17. David L. Bowman, Jr. v. Director et al.

E01-18. Hope Y. Crossley v. Director et al.

E01-19. Robert M. Long v. Director et al.

E01-20. Sharon Reed v. Director et al.

E01-21. Carolyn S. Meyers v. Director et al.

E01-22. Raven A. Spurlin v. Director et al.

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

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

CA00-98. Cheryl Paslay Brewer et al. v. Arkansas Department of Human Services, from White Chancery. Robbins, Neal, and Roaf, JJ., would grant.

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CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Appellant's pro se motion to file belated reply brief is denied. Crabtree and Roaf, JJ., would grant.

CACR00-634. William Sarno v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR00-826. Cornelius Spencer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Dale E. Adams for attorney's fees is granted. Allowed $1,000.00.

CACR01-78. Brian D. Higgins v. State of Arkansas, from St. Francis Circuit. Appellant's pro se motion to file supplemental brief is denied.

CACR01-281. Norris Robinson v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief and abstract is granted.

CACR01-399. Clifton F. Wofford v. State of Arkansas, from Perry Circuit. Motion of Robert E. Irwin to be relieved as counsel for appellant is denied. Bird and Crabtree, JJ., would grant. Robert E. Irwin is appointed to represent appellant on appeal.

CA01-58. Charles Rhoads v. Alex Lacy, from Washington Circuit. Appellant's motion to correct brief is granted.

CA01-140. Mollie Randle Childers v. Arkansas Department of Human Services, from St. Francis Chancery. Appellee's petition for writ of certiorari to complete the record and for brief time is granted.

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery. Appellee's motion to consolidate this case with CA00-1226 is denied.

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery. Appellee's motion to dismiss appeal is denied. Motion for attorney's fees and costs is passed until case is submitted.

CA01-404. Mark Johnson et al. v. Richard L. Ramsay et al., from Pulaski Chancery, Third Division. Motion of Richard L. Ramsay to be substituted as counsel for appellees is granted.

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery. Appellant's motion to file supersedeas bond is granted. Supersedeas bond set at $4,000.00.

PETITIONS FOR REHEARING:

CACR00-920. Daniel R. Fornes v. State of Arkansas, from Boone Circuit.

CACR00-1264. Frederick Goodman v. State of Arkansas, from Saline Circuit.

CA00-1158. James E. Pollard et al. v. Union Pacific Railroad Company et al., from Pulaski Circuit, Sixth Division.

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CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of counsel.

CACR00-983. Carl Cook v. State of Arkansas, from Pope Circuit. Appellant's motion to complete the record.

CACR00-987. Samuel West, Jr. v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees.

CACR00-1039. Christopher Darnell Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Andrew L. Clark for attorney's fees.

CACR00-1084. Katherine Ward v. State of Arkansas, from Pulaski Circuit, First Division. Motion of David R. Cannon for attorney's fees.

CACR00-1350. Scott Howe v. State of Arkansas, from Clay Circuit, Western District. Appellee's motion to dismiss appeal.

CACR00-1350. Scott Howe v. State of Arkansas, from Clay Circuit, Western District. Appellant's motion to file belated brief.

CACR01-61. Wanda Williams & Janet Urango v. State of Arkansas, from Franklin Circuit, Northern District. Motion of separate appellant, Janet Urango, to file belated brief.

CACR01-386. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to stay brief time and to extend time to supplement the record and to file brief.

CACR01-514. Roy Adrian Hoggard, II v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Joseph C. Self to withdraw as counsel for appellant.

CACR01-565. Jeff Peltier v. State of Arkansas, from Little River Circuit. Motion of Mickey Buchanan to be relieved as counsel for appellant and to substitute Patrick McDaniel as counsel.

CA00-875. Wheeler Construction Company v. Raymond L. Armstrong, from Workers' Compensation Commission. Appellee's pro se motion for costs.

CA00-1158. James E. Pollard et al. v. Union Pacific Railroad Company et al., from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record.

CA01-507. Clyde Eason et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Motion of separate appellant, Clyde Eason, to stay brief time.

CA01-512. Bernard Keith Johnson v. Claudean Jacobs Johnson, from Clark Chancery. Appellant's pro se motion to proceed in forma pauperis.

CA00-1224. Jay Michael Raley v. Charles Wagner, M.D., from Marion Circuit. Argued orally.

CACR00-806. Billy Russell Smith, Jr. v. State of Arkansas, from Chicot Circuit.

CACR00-998. Kenneth Dean Walker v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-1194. James Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1284. Deborah Lynn Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1288. Derrick Witherspoon v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1290. Shunn Riddle v. State of Arkansas, from Monroe Circuit.

CACR00-1293. Barron B. Lewis v. State of Arkansas, from Crittenden Circuit.

CACR00-1300. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit.

CACR00-1330. Mark James Engebretson v. State of Arkansas, from Garland Circuit.

CACR00-1413. Mario Hernandez v. State of Arkansas, from Crawford Circuit.

CACR00-1435. Kenneth Bush v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA00-721. Arkansas Alcoholic Beverage Control et al. v. Deborah Muncrief, from Garland Circuit.

CA00-784. Lois Branscum v. Jerry Passmore, from Searcy Chancery.

CA00-924. Thomas Inman et al. v. Connie Meskimen et al., from Lonoke Circuit.

CA00-1034. Ron Withers v. Hal Crafton et al., from Faulkner Circuit.

CA00-1240. Mary Dewitt v. Carnell Johnson, from Pulaski Circuit, Third Division.

CA00-1247. John Lee v. Ashley Martin et al., from Randolph Circuit.

CA00-1256. Joseph Rothbaum v. Arkansas Local Police & Fire Retirement System et al., from Pulaski Circuit, Second Division.

CA00-1389. Regina Hislip v. Helena West Helena Schools, from Workers' Compensation Commission.

CA00-1394. Tim Tucker v. Shawn Tucker et al., from Washington Chancery.

CA00-1403. Dallas County Hospital et al. v. Judy Daniels, from Workers' Compensation Commission.

CA00-1437. David Orrell v. U. S. Natural Resources, Inc., from Workers' Compensation Commission.

CA01-168. Mark E. Cornelison v. Cheryl L. Cornelison, from Washington Chancery.

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

E01-23. Patricia D. Dyson v. Director et al.

E01-24. Mackie L. Tidwell v. Director et al.

E01-25. William J. Greene v. Director et al.

E01-26. Malinda Dobbins v. Director et al.

E01-27. Carlton R. Moton v. Director et al.

E01-28. Natalya Dixon v. Director et al.

E01-29. Lott Johnson v. Director et al.

E01-30. Sherri L. Coonts v. Director et al.

E01-33. Carolyn Childress v. Director et al.

E01-34. Linda D. Bradley v. Director et al.

E01-37. Mary L. Brooks v. Director et al.

E01-39. La Tonyalyn K. White v. Director et al.