Berry v. State (Baker, J.) CACR00-1004

Criminal law -- Enhancement of penalties for fourth DWI offense; no violation of prohibition of ex post facto law. [HTML, WP5.1]

Box v. State (Hart, J.) CACR00-802

Constitutional law -- Fourteenth Amendment; State cannot compel accused to stand before jury while dressed in identifiable prison clothing; trial court abused discretion in admitting unsigned letter where State failed to prove it was in appellant's handwriting. [HTML, WP5.1]

Coran Auto Sales v. Harris (Roaf, J.) CA00-1058

Pleading -- No implied consent to issue; trial court erred in awarding judgment; evidence on issue was controverted; trial court reversed & dismissed. [HTML, WP5.1]

Dillehay v. State (Hart, J.) CACR00-1205

Evidence -- Viable jury question existed whether appellant had committed crime of carrying weapon; denial of directed-verdict motion for this charge proper; right to speedy trial not violated. [HTML, WP5.1]

Hadl v. State (Bird, J.) CACR00-903

Search & seizure -- Consent freely & voluntarily given; trial court's denial of motion to suppress affirmed; Trial court did not err in refusing to suppress evidence because prosecutor was unable to produce seized items. [HTML, WP5.1]

Hughes v. State (Vaught, J.) CACR00-748

Evidence -- Charge of possession of drug paraphernalia supported by sufficient evidence; items admitted clearly relevant to possession; State failed to meet its burden of proof; new charge barred by double jeopardy. [HTML, WP5.1]  Supplemental concurring opinion upon denial of rehearing delivered October 3, 2001.

Hutcherson v. State (Stroud, C.J.) CACR00-645

Criminal law -- Sentencing; trial court did not err in denying request to declare presumptive-sentencing statutory provisions unconstitutional. [HTML, WP5.1]

Overton v. Jones (Bird, J.) CA00-642

Venue -- Improper venue for paternity and custody determinations; order reversed & vacated. [HTML, WP5.1]

Turnbough v. Mammoth Spring Sch. (Robbins, J.) CA00-1207

Statutes -- Construction; amended Teachers' Minimum Sick Leave Law; circuit judge's construction of statutes correct; teaching contract did not required appellee to pay for unused sick leave. [HTML, WP5.1]

Wagner v. Wagner (Crabtree, J.) CA00-1244

Parent & child -- Relocation of custodial parent & child; appellee met threshold burden of proof; five factors properly considered; chancellor's decision to allow appellee to move with child to Florida was not clearly against preponderance of evidence. [HTML, WP5.1]

Anderson v. Anderson, CA 00-1125 (Vaught, J.), reversed and remanded June 6, 2001. [HTML, WP5.1]

Armstrong v. State, CA CR 00-1278 (Robbins, J.), affirmed June 6, 2001. [HTML, WP5.1]

Avett v. State, CA CR 00-911 (Crabtree, J.), affirmed June 6, 2001. [HTML, WP5.1]

Dinger v. Keith Watercare, Inc., CA 00-1024 (Jennings, J.), affirmed June 6, 2001. [HTML, WP5.1]

Dodson v. State, CA CR 00-1160 (Pittman, J.), affirmed June 6, 2001. [HTML, WP5.1]

Dubose v. City of Sherwood Police Dep't, CA 00-1211 (Griffen, J.), affirmed June 6, 2001. [HTML, WP5.1]

Green v. State, CA CR 00-1258 (Jennings, J.), affirmed June 6, 2001. [HTML, WP5.1]

Griffin v. Tyson Foods, Inc., CA 00-1306 (Baker, J.), affirmed June 6, 2001. [HTML, WP5.1]

Hilton v. State, CA CR 00-1248 (Per Curiam), 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 granted June 6, 2001. [HTML, WP5.1]

Hurley v. Hurley, CA 00-1157 (Neal, J.), reversed and dismissed June 6, 2001. [HTML, WP5.1]

Isom v. State, CA CR 00-1092 (Roaf, J.), affirmed June 6, 2001. [HTML, WP5.1]

Kelley v. State, CA CR 00-1036 (Baker, J.), affirmed June 6, 2001. [HTML, WP5.1]

Mackey v. First Community Bank, CA 00-1043 (Crabtree, J.), affirmed June 6, 2001. [HTML, WP5.1]

Pathfinder Sch., Inc. v. Fisher, CA 00-1346 (Hart, J.), affirmed. June 6, 2001. [HTML, WP5.1]

Pinson v. Wofford, CA 00-1054 (Neal, J.), affirmed June 6, 2001. [HTML, WP5.1]

Riesenhuber v. Rental Serv. Corp., CA 00-1396 (Stroud, C.J.), affirmed June 6, 2001. [HTML, WP5.1]

Spurgeon v. State, CA CR 00-462 (Bird, J.), affirmed June 6, 2001. [HTML, WP5.1]

U.S. Elec. Motors v. Harrison, CA 00-1336 (Pittman, J.), affirmed June 6, 2001. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Woods, CA 00-1419 (Roaf, J.), affirmed June 6, 2001. [HTML, WP5.1]

Washington v. State, CA CR 00-1206 (Pittman, J.), affirmed June 6, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-645. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Crabtree, J., agrees. Hart, J., concurs. (8 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-1396. Louis F. Riesenhuber v. Rental Service Corporation and Specialty Risk Services, from Workers' Compensation Commission. Affirmed. Hart and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-1160. Johnny Paul Dodson v. State of Arkansas, from Hot Spring Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1206. Lamont Anthony Washington v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1336. U.S. Electrical Motors v. Therron Harrison, from Workers' Compensation Commission. Affirmed. Neal and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-802. Terrence D. Box v. State of Arkansas, from Desha Circuit. Reversed and Remanded. Griffen, Vaught, and Baker, JJ., agree. Pittman and Crabtree, JJ., concur in part and dissent in part. (13 PAGES + 8-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-1205. Nicie Ann Dillehay v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1346. Pathfinder School, Inc. v. Easter Fisher, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-1258. Wardell Green v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1024. Kenneth Allen Dinger v. Keith Watercare, Inc., from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1278. Charles Armstrong v. State of Arkansas, from Crawford Circuit. Affirmed. Jennings and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1207. Rose Turnbough v. Mammoth Spring School, from Fulton Circuit. Affirmed. Jennings and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-462. David Spurgeon v. State of Arkansas, from Sevier Circuit. Affirmed. Neal, J., agrees. Pittman, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-903. William Hadl v. State of Arkansas, from Craighead Circuit. Affirmed. Jennings, J. agrees. Griffen, J., concurs. (6 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-642. Alton Overton v. Jason Jones, from St. Francis Chancery. Reversed and Vacated. Pittman, J., agrees. Neal, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-1211. Ronnie Dubose v. City of Sherwood Police Department, from Pulaski Circuit. Affirmed. Jennings, J., agrees. Roaf, J., concurs. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-1054. Sandra Pinson v. E. Dain Wofford, from Logan Circuit. Affirmed. Pittman and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1157. Janice Hurley v. James M. Hurley, from Miller Chancery. Reversed and Dismissed. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-748. Robert Hughes v. State of Arkansas, from Greene Circuit. Affirmed in Part; Reversed and Dismissed in Part. Griffen, J., agrees. Roaf, J., concurs. (8 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1] Supplemental concurring opinion upon denial of rehearing delivered October 3, 2001. (2 PAGES PUBLISHED)    

CA00-1125. Steven Anderson v. Tammy Anderson, from Faulkner Chancery. Reversed and Remanded. Griffen, J., agrees. Roaf, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-911. Eric L. Avett v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1043. George S. Mackey et ux., et al. v. First Community Bank, from Pulaski Chancery. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1244. Nathanael Wagner v. Angelique Wagner, from Craighead Chancery. Affirmed. Stroud, C.J., and Hart, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1004. James W. Berry v. State of Arkansas, from White Circuit. Affirmed. Robbins and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-1036. Onis Michael Kelley v. State of Arkansas, from Ashley Circuit. Affirmed. Jennings and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1306. Jimmy Griffin v. Tyson Foods, Inc., from Workers' Compensation Commission. Affirmed. Jennings and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-1092. Eddie Isom v. State of Arkansas, from Sebastian Circuit. Affirmed. Griffen and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1058. Coran Auto Sales v. Peter Scott Harris, from Faulkner Circuit. Reversed and Dismissed. Griffen and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1419. Wal-Mart Stores, Inc. v. Patsy Woods, from Workers' Compensation Commission. Affirmed. Griffen and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA00-1158. James E. Pollard et al. v. Union Pacific Railroad Company et al., from Pulaski Circuit, Sixth Division. Petition treated as a petition to reinstate appeal.

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

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

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

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

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

CACR00-462. David Spurgeon v. State of Arkansas, from Sevier Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,000.00.

CACR00-645. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Jerry Larkowski for attorney's fees is granted. Allowed $1,200.00.

CACR00-903. William Hadl v. State of Arkansas, from Craighead Circuit, Western District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR00-911. Eric L. Avett v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dale E. Adams for attorney's fees is granted. Allowed $900.00.

CACR00-983. Carl Cook v. State of Arkansas, from Pope Circuit. Appellant's motion to complete the record is remanded to the trial court to settle the record within thirty days. Appellant's brief due in sixty days.

CACR00-987. Samuel West, Jr. v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR00-1039. Christopher Darnell Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Andrew L. Clark for attorney's fees is granted. Allowed $1,000.00.

CACR00-1084. Katherine Ward v. State of Arkansas, from Pulaski Circuit, First Division. Motion of David R. Cannon for attorney's fees is granted. Allowed $1,000.00.

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. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1278. Charles Armstrong v. State of Arkansas, from Crawford Circuit. Motion of Leif Hamman for attorney's fees is granted. Allowed $1,000.00.

CACR00-1350. Scott Howe v. State of Arkansas, from Clay Circuit, Western District. Appellee's motion to dismiss appeal is denied. Crabtree, J., would grant.

CACR00-1350. Scott Howe v. State of Arkansas, from Clay Circuit, Western District. Appellant's motion to file belated brief is granted. Brief due in thirty days (July 6, 2001). Final extension. Crabtree, J., would deny.

CACR01-61. Wanda Williams and Janet Urango v. State of Arkansas, from Franklin Circuit, Northern District. Motion of separate appellant, Janet Urango, to file belated brief is granted. Brief due in thirty days (July 6, 2001).

CACR01-273. Corey Williams v. State of Arkansas, from St. Francis Circuit. Appellee's motion to dismiss appeal is granted.

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 is remanded to the trial court to settle the record within thirty days. Appellant's brief due in sixty days.

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 is denied. Bird, J., would grant. Attorney may petition this court for appellate attorney's fees on completion of appeal.

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 and to stay brief time is granted. Briefing schedule to be set upon filing of complete record.

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

CA00-1043. George S. Mackey et al. v. First Community Bank, from Pulaski Chancery, First Division. Appellee's motion to dismiss appeal is denied. See opinion of even date. Griffen and Neal, JJ., not participating.

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 is granted. Record deemed supplemented.

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

PETITIONS FOR REHEARING:

CACR00-1046. John E. Searcy v. State of Arkansas, from Searcy Circuit.

CA99-1191. Kenneth Lee and Sandy Lee v. Julia Konkel-Swaim, from Yell Chancery.

CA00-843. Terrell Bishop, Jr. v. Connie Hubbard Bishop, from Yell Chancery.

CA00-1075. Arkansas Department of Human Services v. Ethel Keeling, from Searcy Probate.

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

CACR99-1319. Herman Folk, Sr. v. State of Arkansas, from Drew Circuit. Appellant's motion to supplement the record.

CACR00-466. Robert "Say" McIntosh v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for emergency relief.

CACR00-1035. Rodney Bunch v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Tammy L. Harris for attorney's fees.

CACR00-1121. Robert Earl Jackson v. State of Arkansas, from Bradley Circuit. Motion of James H. Phillips for attorney's fees.

CACR00-1300. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Motion of Chris A. Averitt for attorney's fees.

CACR01-99. Don E. Webb v. State of Arkansas, from Washington Circuit. Appellant's motion for oral argument.

CA00-1357. Arkansas Department of Human Services v. Rose Huff, from Sebastian Chancery, Fort Smith District. Appellant's motion for extension of time to file supplemental record and for brief time.

CA01-165. Tyson Foods, Inc. v. Don Davis, from Franklin Circuit, Northern District. Appellant's motion to substitute abstract.

CACR00-671. Eve Elaine Lawson v. State of Arkansas, from Scott Circuit. Argued orally.

CACR00-1429. John Paul Curtis v. State of Arkansas, from Columbia Circuit. Argued orally.

CACR00-779. Julian Robert Proctor v. State of Arkansas, from Faulkner Circuit.

CACR00-942. Larry Handy v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1201. Kenneth Ray Smith v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR00-1214. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit.

CACR00-1286. Leanna Napier v. State of Arkansas, from Benton Circuit.

CACR00-1341. Donald Fraizer v. State of Arkansas, from Jefferson Circuit.

CACR00-1369. David Jay Upton v. State of Arkansas, from Polk Circuit.

CA00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit.

CA00-1008. Joseph Fortner v. Meredith Fortner, from Poinsett Chancery.

CA00-1110. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit.

CA00-1112. Ruby L. Worley v. James A. Arthur, M.D. et al., from Garland Circuit.

CA00-1137. Jack L. Carter v. Lakeland Industries, Inc., from Baxter Circuit.

CA00-1177. Sheila Hill v. Baptist Health, from Workers' Compensation Commission.

CA00-1217. Erin K. Sweeney v. Cedar America, from Workers' Compensation Commission.

CA00-1261. Joy Crossno v. Randy Crossno, from Greene Chancery.

CA00-1314. Christine Cassat v. Allison Hennis, from Pulaski Probate, Fifth Division.

CA00-1400. Love Box Company et al. v. Andrew Salley, from Workers' Compensation Commission.

CA00-1457. Wal-Mart Stores, Inc. v. Judy Leach, from Workers' Compensation Commission.

CA00-1465. Patrick S. Miller v. Transamerica Commercial Finance Corporation, from Garland Circuit.

CA00-1468. Wal-Mart Stores, Inc. et al. v. Judy Stotts, from Workers' Compensation Commission.

CA01-86. Henry Pifer v. Single Source Transportation, from Workers' Compensation Commission.

CA01-163. Leslie Janet Franks (now Quellette) v. Rhett William Franks, from Sebastian Chancery, Fort Smith District.