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

Opinions delivered
August 29, 2001


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Ballard v. State (Baker, J.) CACR01-115

Criminal procedure -- Speedy trial; reversed & dismissed where State failed to meet its burden. [HTML, WP5.1]

Carter v. Reddell (Griffen, J.) CA00-1473

Parent & child -- Change of child's surname; consideration of relevant factors supported chancellor's finding that change was in child's best interest. [HTML, WP5.1]

Wyatt v. State (Hart, J.) CACR00-1117

Search & seizure -- Affidavit; no evidence that officers were untruthful in reporting what they were told by affiant; issuing judge had substantial basis for concluding probable cause existed to support issuance of search warrant. [HTML, WP5.1]

SUPPLEMENTAL OPINION UPON GRANT OF REHEARING

McCoy v. State (Per Curiam) CACR00-905

Appeal & error -- No-merit case; remand for supplementation of record unnecessary; revocation of probation affirmed. [HTML, WP5.1]

SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING

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

Appeal & error -- Standard of review in no-merit cases clear; appellant's contention without merit. [HTML, WP5.1]

Columbia Mut. Ins. Co. v. Home Mut. Fire Ins. Co. (Griffen, J.) CA00-1154

Civil procedure -- Ark. R. Civ. P. 52(b) improperly interpreted; trial court's decision not clearly erroneous. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Caldwell v. State, CA CR 00-1176 (Jennings, J.), affirmed August 29, 2001. [HTML, WP5.1]

Carter, James v. State, CA CR 00-1184 (Robbins, J.), affirmed August 29, 2001. [HTML, WP5.1]

Carter, Oran v. Bank of Yellville, CA 00-1476 (Stroud, C.J.), affirmed August 29, 2001. [HTML, WP5.1]

Chatt v. State, CA CR 00-1299 (Stroud, C.J.), affirmed August 29, 2001. [HTML, WP5.1]

Farmland Ins. Co. v. Mikel, CA 00-1431 (Baker, J.), affirmed August 29, 2001. [HTML, WP5.1]

Harris v. State, CA CR 00-1030 (Pittman, J.), affirmed August 29, 2001. [HTML, WP5.1]

Jack v. Poulan Weed Eater, CA 00-142 (Roaf, J.), affirmed August 29, 2001. [HTML, WP5.1]

Jeffrey v. Inprom, CA 00-1208 (Robbins, J.), affirmed August 29, 2001. [HTML, WP5.1]

Malvern Nursing Home v. McCallister, CA 00-1178 (Hart, J.), affirmed August 29, 2001. [HTML, WP5.1]

McGuire v. Baptist Med. Ctr. Arkadelphia, CA 00-1239 (Neal, J.), affirmed August 29, 2001. [HTML, WP5.1]

Paytes v. State, CA CR 01-22 (Crabtree, J.), affirmed August 29, 2001. [HTML, WP5.1]

Studer v. State, CA CR 00-1324 (Neal, J.), affirmed August 29, 2001. [HTML, WP5.1]


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-1299. Senequa Chatt v. State of Arkansas, from Crittenden Circuit. Affirmed. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1476. Oran Carter v. Bank of Yellville, from Marion Chancery. Affirmed. Pittman and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-1030. Gregory F. Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Stroud, C.J., and Jennings J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-1117. Eddie E. Wyatt, Jr. v. State of Arkansas, from Van Buren Circuit. Affirmed. Neal and Vaught, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1178. Malvern Nursing Home v. Lexie McCallister, from Workers' Compensation Commission. Affirmed. Neal and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-1176. Ralph Edward Caldwell v. State of Arkansas, from Randolph Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1184. James Carter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen and Crabtree, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1208. Tom Jeffrey v. Preecha Inprom, from Sebastian Circuit, Fort Smith District. Affirmed. Griffen and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA00-1473. Tracie Loudon Carter v. Cary Reddell, from Pope Chancery, Juvenile Division. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1324. John C. Studer v. State of Arkansas, from Hot Spring Circuit. Affirmed. Hart and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1239. Michael McGuire v. Baptist Medical Center Arkadelphia and Yvon Bryan, from Garland Circuit. Affirmed. Hart and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-22. Nathan Claiborne Paytes v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-115. Larry Ballard v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Bird and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1431. Farmland Insurance Company v. Willonia Mikel, from Workers' Compensation Commission. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA00-142. Willie Lee Jack v. Poulan Weed Eater, from Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CACR00-905. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division. See supplemental opinion this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. See Campbell v. State, CACR01-29, sup. op. del. August 29, 2001.

CACR00-758. Marcus Threadgill v. State of Arkansas, from Miller Circuit. Griffen, J., would grant.

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. See Campbell v. State, CACR01-29, sup. op. del. August 29, 2001.

CACR01-29. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. See supplemental opinion this date. Pittman, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA00-1154. Columbia Mutual Insurance Company v. Home Mutual Fire Insurance Company, from Washington Chancery. See supplemental opinion this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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CACR01-10. Rudy Mammedaty v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $850.00.

CACR01-607. Daniel Dewitt Corby v. State of Arkansas, from Greene Circuit. Appellant's pro se motion for appointment of counsel and to stay brief time is granted. Gregg Knutson is appointed to represent the appellant. Brief due in forty days (October 8, 2001).

CACR01-822. Laveris D. Townsend v. State of Arkansas, from Washington Circuit. Motion of Joel O. Huggins to withdraw as counsel for the appellant is granted. George Spence is appointed to represent the appellant. Appellant's brief due in forty days (October 8, 2001).

CA01-269. Gil Landers et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division. Motion of Arkansas Pawnbrokers' Association to file amicus curiae brief is denied.

CA01-404. Mark Johnson et ux. v. Richard L. Ramsay et ux., from Pulaski Chancery, Third Division. Appellants' motion to supplement/correct the record and for brief time is granted.

CA01-530. Karen Diemer v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Appellant's pro se motion for appointment of counsel is granted. DeeNita Moak is appointed to represent the appellant. Appellant's brief due in forty days (October 8, 2001).

CA01-588. Annette Offen et al. v. Theresa M. Hubbert, from Garland Chancery. Appellee's motion to dismiss appeal is granted without prejudice.

CA01-732. Bob J. McAdams et al. v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division. Appellants' motion for remand to settle the record is denied. Appellant's brief due in thirty days (September 28, 2001).

CA01-745. Betty Gerrald v. Douglas Tobacco Products, Inc. et al., from Workers' Compensation Commission. Appellant's petition for writ of certiorari to complete the record is remanded to the Commission to settle the record within thirty days. Appellant's brief due October 25, 2001.

CA01-828. Stephen B. Williamson v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellant's motion to proceed under amended Rules 4-2 and 4-4 of the Rules of the Supreme Court is denied.

MOTIONS SUBMITTED

CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Appellant's motion to file belated brief.

CACR00-983. Carl Cook v. State of Arkansas, from Pope Circuit. Appellee's motion to strike new argument in appellant's substituted brief.

CACR00-1122. John Henry Rhodes, Jr. v. State of Arkansas, from Van Buren Circuit. Motion of Jerry Larkowski for attorney's fees.

CACR01-509. Rosetta Marie Davis v. State of Arkansas, from Independence Circuit. Appellant's motion to file belated brief.

CACR01-748. Rene Charles Taylor v. State of Arkansas, from Pope Circuit. Motion of Lynn Lisk to be substituted as counsel for appellant and for brief time.

CA00-776. Soterra, L.L.C. a/k/a Soterra. Inc. v. Stephen Albert et al., from Pulaski Chancery, Third Division. Appellees' motion for order permitting appellees to respond to appellant's supplemental brief.

CA01-576. Lola Felicia Cash et al. v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.

CA01-622. Diana Willis v. Jon R. "Randy" Willis, from Grant Chancery. Appellee's motion to file belated brief.

CA01-769. Capitol Life and Accident Insurance Company v. Lela K. Phelps, from Sebastian Chancery, Greenwood District. Appellant's motion to supplement the record and for brief time.

SUBMISSIONS

CA01-45. Lisa Cassidy v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Argued orally.

CACR00-602. Sarah O'Neal v. State of Arkansas, from Pulaski Circuit, First Division.

CACR00-947. Larry Joe Stivers v. State of Arkansas, from Lonoke Circuit.

CACR00-1122. John Henry Rhodes, Jr. v. State of Arkansas, from Van Buren Circuit.

CACR00-1427. Ashford Boyland v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR01-62. Michael Chatt v. State of Arkansas, from Crittenden Circuit.

CACR01-63. James Dale Fields v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-99. Don E. Webb v. State of Arkansas, from Washington Circuit.

CA00-652. James H. Collins et ux. v. Melvin D. Jackson et ux., from Arkansas Chancery, Southern District.

CA00-964. Anthony O'Neil Hughes v. State of Arkansas, from Montgomery Chancery.

CA00-1118. Theo Dickerson, Jr. v. Child Support Enforcement Unit, from Jefferson Chancery.

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

CA00-1302. John E. Atkins v. Bob E. Fewell et al., from Pulaski Chancery, First Division.

CA00-1364. Sylvia Morton v. Estate of Leon Vincen Holland, from Franklin Probate, Southern District.

CA00-1387. Wal-Mart Stores, Inc. v. Felicia Thomas, from Miller Circuit.

CA00-1449. Audrianna Grisham, P.A. v. City of England, from Lonoke Circuit.

CA00-1461. Geneva Layes v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

CA01-35. Suzanne Greenhaw Hargis v. Agronomics Limited Partnership, from Jackson Chancery.

CA01-39. Mary Inmon Coggins v. David Inmon, from Pulaski Probate, Fourth Division.

CA01-52. Kyle Coombs v. Hot Springs Village Property Owners Association et al., from Garland Circuit.

CA01-69. Carmen Dalton Phelps v. William P. Dalton, from Saline Chancery.

CA01-103. Crestpark of Stuttgart v. Bernice Williams, from Workers' Compensation Commission.

CA01-136. Emerson Electric v. Vera A. Gaston, from Workers' Compensation Commission.