Brown v. State (Robbins, J.) CACR99-1092

Criminal law -- Defendant may be charged & prosecuted for both offense and lesser-included offense; defense prematurely attempted to force State to bring only one charge; appellant's motion properly denied; Double Jeopardy Clause not violated; two convictions based on two separate criminal acts. [HTML, WP5.1]

Campbell v. State (Stroud, C.J.) CACR01-29

Appeal & error -- Meritless appeal; full examination of entire record impossible without complete record; remanded to supplement record in order to afford criminal defendant his Constitutional rights. [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered August 29, 2001.

Eads v. State (Roaf, J.) CACR00-984

Attorney & client -- Request to withdraw from appellate representation must be accompanied by brief & abstract; rebriefing ordered. [HTML, WP5.1]

Matlock v. Arkansas Blue Cross Blue Shield (Griffen, J.) CA00-1153

Workers' compensation -- Employment services; Commission erred in concluding appellant was not performing employment services when she fell on stairs while returning from restroom; Commission's opinion did not display substantial basis for denial of relief; Commission's decision reversed & remanded. [HTML, WP5.1]

Starks v. State (Roaf, J.) CACR00-1025

Search & seizure -- Appellant had standing to challenge search; officer's warrantless reentry into house exceeded scope of his emergency duties; search for weapon not justified; trial court erred in failing to suppress evidence seized pursuant to illegal search. [HTML, WP5.1]

Threadgill v. State (Jennings, J.) CACR00-758

Evidence -- Prior inconsistent statement; Ark. R. Evid. 613(b) not violated where witness was afforded opportunity to explain or deny; neither allegation nor proof of bad faith concerning loss by State of evidence potentially useful to appellant; trial court's ruling reasonable. [HTML, WP5.1]

Tucker v. Tucker (Bird, J.) CA00-1394

Parent & child -- Child support; exceptions set forth in Ark. Code Ann. § 9-14-107(a) and (c)(2) not applicable; chancellor's finding that material change in circumstances had occurred was not clearly erroneous. [HTML, WP5.1]

McCormick v. State (Neal, J.) CACR00-246

Criminal procedure -- Assent to conditional plea was manifested by prosecutor's showing up in court & acquiescing to entry of negotiated plea agreement; petition for rehearing granted; issuance of nighttime warrant; self-incriminating nature of information was sufficient to establish its accuracy; sufficient factual basis to support execution of nighttime search based on concern for officer safety. [HTML, WP5.1]

Acrey v. State, CA CR 01-274 (Per Curiam), Appellee's Motion to Dismiss Appeal denied; Appellant's Motion to File Belated Brief granted; brief due in forty days; Motion for Appointment of Counsel denied without prejudice. [HTML, WP5.1]

Behm v. State, CA CR 00-1204 (Jennings, J.), affirmed June 27, 2001. [HTML, WP5.1]

Branscum v. Passmore, CA 00-784 (Crabtree, J.), reversed and remanded June 27, 2001. [HTML, WP5.1]

Cannon v. State, CA CR 00-1192 (Hart, J.), rebriefing ordered June 27, 2001. [HTML, WP5.1]

Frazier v. State, CA CR 00-1341 (Vaught, J.), affirmed June 27, 2001. [HTML, WP5.1]

Garner v. State, CA CR 00-1124 (Pittman, J.), affirmed June 27, 2001. [HTML, WP5.1]

Johnson v. State, CA CR 01-5 (Vaught, J.), affirmed June 27, 2001. [HTML, WP5.1]

Jones v. State, CA CR 00-1274 (Bird, J.), rebriefing ordered June 27, 2001. [HTML, WP5.1]

Lawson v. State, CA CR 00-824 (Neal, J.), affirmed June 27, 2001. [HTML, WP5.1]

Mammedaty v. State, CA CR 01-10 (Crabtree, J.), affirmed June 27, 2001. [HTML, WP5.1]

Orsborn v. State, CA CR 00-1055 (Pittman, J.), affirmed June 27, 2001. [HTML, WP5.1]

Parkerson v. Arthur, CA 00-1110 (Neal, J.), affirmed in part; reversed and remanded in part June 27, 2001. [HTML, WP5.1]

Scarver v. State, CA CR 00-742 (Robbins, J.), affirmed June 27, 2001. [HTML, WP5.1]

Carroll v. Director of Labor, E 01-38, June 27, 2001.

Galetti v. Director of Labor, E 01-43, June 27, 2001.

Hamilton v. Director of Labor, E 01-52, June 27, 2001.

Hunter v. Director of Labor, E 01-49, June 27, 2001.

Matlock v. Director of Labor, E 01-51, June 27, 2001.

May v. Director of Labor, E 01-42, June 27, 2001.

McMickle v. Director of Labor, E 01-47, June 27, 2001.

Shelton v. Director of Labor, E 01-36, June 27, 2001.

Ward v. Director of Labor, E 01-41, June 27, 2001.

Wilson v. Director of Labor, E 01-40, June 27, 2001.

Wortham v. Director of Labor, E 01-44, June 27, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-29. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Remanded to Supplement Record. Pittman and Jennings, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered August 29, 2001. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR00-1055. Latonya Faye Orsborn v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Stroud, C.J., and Jennings, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1124. Vera Garner v. State of Arkansas, from Searcy Circuit. Affirmed. Bird and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-1192. Charles Palmer Cannon v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Neal and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-758. Marcus Threadgill v. State of Arkansas, from Miller Circuit. Affirmed. Stroud, C.J., Pittman, Robbins and Crabtree, JJ., agree. Bird, Vaught, and Roaf, JJ., concur in part and dissent in part. Griffen, J., dissents. (9 PAGES + 1-PAGE CONCURRENCE/DISSENT + 1-PAGE CONCURRENCE/DISSENT + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-1204. Jeff Scott Behm v. State of Arkansas, from Izard Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR99-1092. James Brown v. State of Arkansas, from Jefferson Circuit. Affirmed. Jennings, Crabtree, and Baker, JJ., agree. Pittman, J., concurs. Hart, Griffen, Neal, and Roaf, JJ., dissent. (11 PAGES + 3-PAGE CONCURRENCE + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR00-742. Kenneth Scarver v. State of Arkansas, from Jefferson Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-1274. Christopher N. Jones v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Baker and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1394. Tim Tucker v. Shawn Tucker (Now Monieca S. Cobbler), from Washington Chancery. Affirmed. Baker, J., agrees. Roaf, J., concurs. (5 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-1153. Erika Matlock v. Arkansas Blue Cross Blue Shield, from Workers' Compensation Commission. Reversed and Remanded. Hart, Bird, Neal, Crabtree, and Baker, JJ., agree. Robbins, Vaught, and Roaf, JJ., dissent. (22 PAGES + 1-PAGE DISSENT + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-824. Tavell Martez Lawson v. State of Arkansas, from Desha Circuit. Affirmed. Hart and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1110. Gail Parkerson v. James Arthur, M.D., Allan Gocio, M.D. and Hot Springs Neurosurgery Clinic, P.A., from Garland Circuit. Affirmed in part; reversed and remanded in part. Hart and Vaught, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1341. Donald Ray Frazier, Jr. v. State of Arkansas, from Jefferson Circuit. Affirmed. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-5. Carl Eugene Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-10. Rudy Mammedaty v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-784. Lois Branscum v. Jerry Passmore, Charlene Tucker, Dale Passmore et al., from Searcy Chancery and Probate. Reversed and Remanded. Robbins, J., agrees. Griffen, J., concurs. (4 PAGES + 5-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Rebriefing Ordered. Bird and Baker, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-1025. Sean William Starks v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Griffen and Vaught, JJ., agree. (7 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).

E01-36. Andrew T. Shelton, III v. Director et al.

E01-38. Hershel Carroll, Jr. v. Director et al.

E01-40. Jerry R. Wilson v. Director et al.

E01-41. Roderick Ward v. Director et al.

E01-42. Kathy L. May v. Director et al.

E01-43. Nora Galetti v. Director et al.

E01-44. Ladonna L. Wortham v. Director et al.

E01-47. Virginia McMickle v. Director et al.

E01-49. Nora C. Hunter, Sr. v. Director et al.

E01-51. Floyd Matlock, Jr. v. Director et al.

E01-52. Johnny Hamilton v. Director et al.

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

CACR00-246. Richard McCormick v. State of Arkansas, from Washington Circuit. See substituted opinion this date. Jennings, J., concurs. Pittman, Robbins, and Griffen, JJ., would deny. (13 PAGES + 2-PAGE CONCURRENCE + 1-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

CACR00-911. Eric L. Avett v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-974. Mindy Garrett v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-1235. Frederick Foster v. State of Arkansas, from Arkansas Circuit, Northern District.

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CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to reinstate appeal is granted. Motion for appointment of counsel is denied. Kenneth Haynes is ordered to file appellant's brief within thirty days. Motion to reinstate appeal bond is denied without prejudice.

CACR00-1235. Frederick Foster v. State of Arkansas, from Arkansas Circuit, Northern District.

Motion of Rufus T. Buie, III, to be substituted as counsel for appellant is denied, but leave granted for counsel to participate with original counsel. Roaf, J., not participating.

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

CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion to file supplemental abstract in reply brief is granted. Abstract deemed supplemented.

CACR01-274. Jerry Acrey v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal is denied. See per curiam this date. Appellant's motion to file belated brief is granted. Brief due in forty days. Motion for appointment of counsel is denied without prejudice. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1106. Shoney's Inc. v. Carol Porter, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA00-1244. Nathanael Wagner v. Angelique Wagner, from Craighead Chancery, Western District. Appellee's motion for attorney's fees is denied. Costs assessed on mandate. Bird, Griffen, and Vaught, JJ., would grant attorney's fees.

CA00-1419. Wal-Mart Stores, Inc. v. Patsy Woods, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs is granted.

CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division. Appellee's motion to dismiss appeal is denied.

CA01-654. Arkansas Department of Human Services v. Brandy Marie Bridges et al., from Faulkner Chancery. Appellant's application for stay of order to pay pending appeal is granted.

PETITIONS FOR REHEARING:

CACR00-826. Cornelius Spencer v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit.

CACR00-970. Howard Randy Baldwin v. State of Arkansas, from Saline Circuit.

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CACR00-806. Billy Russell Smith, Jr. v. State of Arkansas, from Chicot Circuit. Motion of James H. Phillips for attorney's fees.

CACR00-1092. Eddie Isom v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Richard H. Young for attorney's fees.

CACR00-1290. Shunn Riddle v. State of Arkansas, from Monroe Circuit. Motion of Alvin Schay for attorney's fees.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for belated return of writ.

CACR01-398. Kendrick Mitchell Wilson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief.

CACR01-477. John Loyd Hartsfield v. State of Arkansas, from Calhoun Circuit. Appellant's motion to amend brief.

CA00-1438. Hugh B. Chalmers et ux. v. Nina Chalmers et al., from Crittenden Chancery. Appellees' motion to dismiss appeal.

CA01-507. Clyde Eason et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Appellees' motion to dismiss appeal as to separate appellants, Clyde Eason, Robert Tacker and Donna S. Tacker.

E01-128. Amelia J. Fluitt v. Director et al., from Board of Review. Appellant's pro se motion for belated appeal.