Holmes v. State (Hart, J.) CACR00-1214

Criminal procedure -- Search must not be more extensive than is reasonably necessary to ensure safety of officer or others; trial court's decision that search was necessary was clearly against preponderance of evidence; officer's actions constituted search within meaning of Fourth Amendment & Ark. Const. art. 2, § 15; trial court's finding of nonverbal third-party consent clearly against preponderance of evidence; denial of suppression motion reversible error. [HTML, WP5.1]

Morton v. Patterson (Hart, J.) CA00-1364

Probate -- Finding that decedent did not execute codicil was not clearly erroneous; denial of appellant's petition for admission of codicil affirmed; order granting title & possession of vehicles did not strictly comply with Ark. Code Ann. §28-1-109; reversed & remanded. [HTML, WP5.1]

Pollard v. Union Pac. R.R. Co. (Vaught, J.) CA00-1158

Negligence -- Summary judgment inappropriate where acts of two drivers could not be held as matter of law to be independent intervening causes; reversed & remanded. [HTML, WP5.1]

Taylor v. Lubritech (Neal, J) CA01-79

Workers' compensation -- Piece-rate worker; decedent's fringe benefits not included in calculation of average weekly wage; dependency death benefits; stepgrandchild is not dependent under worker's compensation statutes. [HTML, WP5.1]

Atkins v. Fewell, CA 00-1302 (Robbins, J.), reversed and remanded September 12, 2001. [HTML, WP5.1]

Chatt v. State, CA CR 01-62 (Neal, J.), affirmed September 12, 2001. [HTML, WP5.1]

Crestpark of Stuttgart v. Williams, CA 01-103 (Crabtree, J.), affirmed September 12, 2001. [HTML, WP5.1]

Dickerson v. State, CA 00-1118 (Stroud, C.J.), affirmed September 12, 2001. [HTML, WP5.1]

Fields v. State, CA CR 01-63 (Vaught, J.), affirmed September 12, 2001. [HTML, WP5.1]

Fitton v. Fitton, CA 00-1328 (Stroud, C.J.), reversed and dismissed September 12, 2001. [HTML, WP5.1]

Grisham v. City of England, CA 00-1449 (Baker, J.), reversed and remanded September 12, 2001. [HTML, WP5.1]

Holloway v. Arkansas State Bd. of Architects, CA 01-767 (Per Curiam), Appellee's Motion to Dismiss Appeal granted September 12, 2001. (Roaf, J., dissents.) [HTML, WP5.1]

Hughes v. State, CA 00-964 (Robbins, J.), affirmed in part; reversed in part and remanded September 12, 2001. [HTML, WP5.1]

O'Neal v. State, CA CR 00-602 (Hart, J.), affirmed September 12, 2001. [HTML, WP5.1]

Patton v. State, CA CR 00-1238 (Bird, J.), affirmed September 12, 2001. [HTML, WP5.1]

Phelps v. Dalton, CA 01-69 (Neal, J.), affirmed September 12, 2001. [HTML, WP5.1]

Stewart v. Martin, CA 00-709 (Hart, J.), affirmed September 12, 2001. [HTML, WP5.1]

Thompson v. Dallas, CA 00-1197 (Jennings, J.), affirmed as modified September 12, 2001. [HTML, WP5.1]

Webb v. State, CA CR 01-99 (Roaf, J.), affirmed September 12, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CA00-1118. Theo Dickerson, Jr. and Mary Dickerson v. State of Arkansas Child Support Enforcement Unit, from Jefferson Chancery. Affirmed. Griffen and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1328. John Fitton v. Susan Fitton, from Pulaski Chancery, Fifth Division. Reversed and Dismissed. Neal and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-602. Sarah O'Neal v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1214. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Neal, Baker, and Roaf, JJ., agree. Bird and Vaught, JJ., dissent. (13 PAGES + 6-PAGE DISSENT PUBLISHED ) [HTML, WP5.1]

CA00-709. Charles Stewart and Jeannie Stewart v. Pauline Martin et al., from Pulaski Chancery. Affirmed. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1364. Sylvia Morton v. Todd Patterson, Personal Representative of the Estate of Leon Vincen Holland, from Franklin Probate. Affirmed in Part, Reversed in Part, and Remanded. Roaf, J., agrees. Pittman, J., concurs. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA00-1197. Edward Thompson v. Wilma Dallas, from Cross Probate. Affirmed as Modified. Stroud, C.J., and Pittman, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA00-964. Anthony O'Neil Hughes v. State of Arkansas, from Montgomery Chancery. Affirmed in Part; Reversed in Part and Remanded. Bird and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1302. John E. Atkins v. Bob E. Fewell, Robert O. Smith, Jr., Toney Realty Company, Whippoorwill Heights Subdivision Partnership, and Whippoorwill Heights, Inc., from Pulaski Chancery. Reversed and Remanded. Bird and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-1238. Lucky Dale Patton v. State of Arkansas, from Phillips Circuit. Affirmed. Baker and Roaf, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-62. Michael Chatt v. State of Arkansas, from Crittenden Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-69. Carmen Dalton Phelps v. William P. Dalton, from Saline Chancery. Affirmed. Stroud, C.J., and Griffen, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-79. Doyle Taylor (Deceased) v. Lubritech, from Workers' Compensation Commission. Affirmed. Stroud, C.J., agrees. Griffen, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-63. James Dale Fields v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1158. James E. Pollard et al. v. Union Pacific Railroad Company et al., from Pulaski Circuit. Reversed and Remanded. Robbins and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-103. Crestpark of Stuttgart and Arkansas Self-Insurance Trust v. Bernice Williams, from Workers' Compensation Commission. Affirmed. Jennings and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA00-1449. Audrianna Grisham, P.A. v. City of England, from Lonoke Circuit. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-99. Donald E. Webb v. State of Arkansas, from Washington Circuit. Affirmed. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-429. Benjamin Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for discovery is denied.

CACR01-306. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit. Appellant's pro se motion for transcript is denied. Appellant's brief time is granted until September 29, 2001.

CACR01-442. Henry Joseph Wilson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for additional brief time is granted. Griffen, J., not participating.

CACR01-683. Jimmy Lee Europe, Jr. v. State of Arkansas, from Howard Circuit. Appellant's motion to consolidate appeals is granted.

CACR01-720. Michael A. Oldner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is denied. Brief due October 11, 2001.

CACR01-738. Edward D. Lamb v. State of Arkansas, from Chicot Circuit. Appellant's pro se motion for reversal of lower court's decision is denied.

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William O. James, Jr., to reconsider motion to withdraw as counsel for appellant is granted.

CA00-1197. Edward Thompson v. Wilma Dallas, from Cross Probate. Appellee's motion for costs is granted. See opinion this date.

CA00-1262. Pierce Addition Homeowners Association, Inc. v. City of Vilonia Planning Commission et al., from Faulkner Circuit. Appellant's motion for brief time is granted. Reply brief due September 19, 2001. Bird, Griffen, Neal, and Vaught, JJ., would deny.

CA00-1266. Southwestern Glass Company , Inc. v. Waelder Oil and Gas, Inc. et al., from Crawford Circuit. Appellees' motion to reschedule oral argument is granted.

CA00-1403. Dallas County Hospital v. Judy Daniels, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

CA01-381. Tri-County Farmers, Inc. et al. v. Reverend Emmitt Larry et ux., from Lee Circuit. Appellees' motion to affirm the judgment of lower court, or in the alternative, a motion to require appellant's to modify their abstract is denied.

CA01-383. George Yokem et ux. v. Billy Tyler et al., from Faulkner Circuit. Appellant's motion to supplement brief is granted.

CA01-556. Robert P. Goodman et ux. v. Ellis W. Maness et ux., from Lafayette Circuit. Appellees' motion to dismiss appeal is granted.

CA01-622. Diana Willis v. Jon R. "Randy" Willis, from Grant Chancery. Appellant's motion to exclude part of appellee's brief is denied.

CA01-767. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is granted. Roaf, J., dissents. (2-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

CA01-798. Edna Howard, Administratrix v. St. Edward Mercy Medical Center, from Sebastian Circuit, Fort Smith District. Motion of Tanya B. Spavins to withdraw as counsel for appellant is granted.

CA01-861. Robert White v. Jim Perry et al., from Sebastian Circuit, Greenwood District. Motion of separate appellees, Charlie Daniels, Arkansas Land Commissioner, and Jimmie Lou Fisher, Arkansas State Treasurer, for withdrawal and substitution of counsel is granted.

E01-210. Allen R. Bishop v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for appointment of counsel.

CACR01-230. Charles Heaslet v. State of Arkansas, from Lonoke Circuit. Appellant's motion for brief time.

CACR01-425. Derrick C. Walls v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal on suggestion of appellant's death.

CACR01-832. Glenn Bell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record and for brief time.

CACR01-848. Bruce Cooney v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and to stay brief time.

CACR01-912. Jose Luis Vergara-Soto v. State of Arkansas, from Washington Circuit. Motion of George R. Spence to withdraw as counsel for appellant and for appointment of new counsel.

CA01-376. Trans State Lines et al. v. David Lanning, from Workers' Compensation Commission. Appellee's motion for brief time.

CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division. Appellant's motion for brief time.

CA01-689. Baxter Healthcare Corporation v. Janet M. Roberts, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA01-760. State of Arkansas, ex rel. Mark Pryor, Attorney General v. Diamond Lakes Oil Company, from Hot Spring Circuit. Appellant's motion to complete the record.

CA01-13. Heather Marie Hobbs v. Tad Oliver Hobbs, from Union Chancery. Argued orally.

CACR00-842. Darlene Ford v. State of Arkansas, from Greene Circuit.

CACR00-868. Michelle Elayne Langley v. State of Arkansas, from White Circuit.

CACR00-1010. Glen Edward Rabb v. State of Arkansas, from Ashley Circuit.

CACR00-1281. Phillip Kelley v. State of Arkansas, from Washington Circuit.

CACR01-4. John Geer v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-78. Brian Dwight Higgins v. State of Arkansas, from St. Francis Circuit.

CACR01-206. Lewis Richard v. State of Arkansas, from Howard Circuit.

CACR01-240. Antonio Bernard Vinson Cooper v. State of Arkansas, from Crittenden Circuit.

CA00-1381. Tony Smith Trucking v. Woods & Woods, Ltd., from Howard Circuit.

CA00-1453. Troutman Oil Company, Inc. v. Shahlla Lone, from Lonoke Circuit.

CA00-1481. Rubin Darden v. Floye Darden, from Union Chancery.

CA01-56. Wanda Jones v. Charles W. Jones, from Montgomery Circuit.

CA01-94. Harry A. Weymouth v. Johnny Lee Chism, from Johnson Circuit.

CA01-119. Candy Speakman v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division.

CA01-123. Bruce Long et al. v. Jack Bonds et al., from Van Buren Circuit.

CA01-134. Sandra M. Lindsey v. Arkansas Department of Human Services, from Van Buren Chancery.

CA01-137. Lois Ruby Douglas v. Estate of A.C. Macheak, from Baxter Probate.

CA01-150. Virginia Maxine Lantrip v. Jane Merle Keahey, from Miller Chancery.

CA01-152. Cooper Tire & Rubber Company v. Richard Angell, from Workers' Compensation Commission.

CA01-173. Mamie Marshall v. Bassett Upholstery Division et al., from Workers' Compensation Commission.

CA01-188. Lonnie B. Burden v. Stephen L. Oyler, from Benton Circuit.

CA01-205. Cory M. Davis v. State of Arkansas, from Garland Chancery.

CA01-210. Sharp County Sheriff's Office v. John Slater, from Workers' Compensation Commission.

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

E01-78. Carolyn M. Thomas v. Director et al.

E01-79. Richard E. Albertson v. Director et al.

E01-80. Linda G. Hardin v. Director et al.

E01-82. Cathy M. Haigwood v. Director et al.

E01-83. Connie J. Marr v. Director et al.

E01-84. Warren L. Elliott v. Director et al.

E01-85. Madge E. Frazer v. Director et al.

E01-86. Patricia Bridges v. Director et al.

E01-87. Gregory D. Smith v. Director et al.

E01-88. Ruby D. Arnold v. Director et al.

E01-89. Harry G. Hoover v. Director et al.

E01-90. Brenda Reams v. Director et al.