Burley v. State (Vaught, J.) CACR00-1356

Evidence -- Sufficiency; sufficient evidence that appellant knowingly caused child's death; Ark. R. Evid. 403; trial court abused discretion by admitting prejudicial testimony into evidence. [HTML, WP5.1]

Chrobak v. State (Neal, J.) CACR00-1101

Search & seizure -- Fair probability that appellant's residence contained child pornography; magistrate had substantial basis for finding probable cause; nature of criminal activity involved & kind of property subject to search considered; delay in executing warrant did not make probable cause fatally stale. [HTML, WP5.1]

Cooper Tire & Rubber Co. v. Angell (Crabtree, J.) CA01-152

Workers' compensation -- Statute of limitations tolled; claim for additional benefits not barred; imposition of 36% penalty supported by substantial evidence. [HTML, WP5.1]

McNair v. McNair (Per Curiam) CA01-496

Appeal & error -- Testimony not exempted from abstracting requirements; appellant's motion to unseal transcript of children's testimony granted. [HTML, WP5.1]

Pentz v. Romine (Bird, J.) CA01-363

Civil procedure -- Compulsory counterclaims; appellants' breach-of-contract claim was compulsory counterclaim to appellees' foreclosure action; res judicata; claim preclusion foreclosed relitigation of appellants' breach-of-contract claim. [HTML, WP5.1]

Ruble v. Arkansas Dep't of Human Servs. (Vaught, J.) CA01-138

Appeal & error -- Appellant failed to establish that she was entitled to ADA protection; arguments related to ADA requirements not preserved for appellate review; no error in chancellor awarding full amount requested for attorney's fees. [HTML, WP5.1]

Sharp County Sheriff's Dep't v. Ozark Acres Improvem't Dist. (Stroud, C.J.) CA01-210

Workers' compensation -- Dual-employment doctrine; separate employment by two employers; third requirement for liability met; first requirement not met; no contract for hire existed. [HTML, WP5.1]

Shroyer v. Kauffman (Robbins, J.) CA01-275

Divorce -- Child support; no equitable defense to enforcement of appellee's support obligation; chancery court's failure to enforce original support order was clearly erroneous. [HTML, WP5.1]

Wentz v. Service Master (Neal, J.) CA01-132

Workers' compensation -- Disability arising soon after accident & logically attributable to it; no substantial evidence to sustain refusal to make award; fair-minded persons could not have reached same conclusion as Commission; reversed & remanded. [HTML, WP5.1]

SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING

Owen v. State (Roaf, J.) CACR00-820

Search & seizure -- Standing to challenge search; proper inquiry includes both whether there was subjective expectation of privacy and whether society is prepared to recognize expectation as reasonable. [HTML, WP5.1]

Collins v. Cromwell, CA 01-301 (Hart, J.), affirmed October 24, 2001. [HTML, WP5.1]

Cook v. River Valley Land, Inc., CA 00-1428 (Neal, J.), dismissed October 24, 2001. [HTML, WP5.1]

Dodson v. State, CA CR 01-43 (Jennings, J.), affirmed October 24, 2001. [HTML, WP5.1]

Glenn v. State, CA CR 01-108 (Robbins, J.), reversed and dismissed October 24, 2001. [HTML, WP5.1]

Hensley v. A.I.D. Temp. Servs., Inc., CA 01-310 (Crabtree, J.), affirmed October 24, 2001. [HTML, WP5.1]

Hilton v. State, CA CR 00-1248 (Per Curiam), October 24, 2001. [HTML, WP5.1]

Long v. Bonds, CA 01-123 (Pittman, J.), reversed and dismissed October 24, 2001. [HTML, WP5.1]

Lynch v. Arkansas Dep't of Human Servs., CA 01-407 (Baker, J.), affirmed October 24, 2001. [HTML, WP5.1]

Marshall v. Laughlin et ux., CA 00-1414 (Stroud, C.J.), affirmed October 24, 2001. [HTML, WP5.1]

Rumbaugh v. Director, E 01-75 (Baker, J.), reversed and remanded October 24, 2001. [HTML, WP5.1]

Sawyer v. State, CA CR 01-41 (Hart, J.), affirmed October 24, 2001. [HTML, WP5.1]

Smith v. State, CA CR 01-218 (Crabtree, J.), affirmed October 24, 2001. [HTML, WP5.1]

Stephens v. State, CA CR 00-1338 (Vaught, J.), affirmed October 24, 2001. [HTML, WP5.1]

Stone v. State, CA CR 00-1104 (Neal, J.), reversed and remanded October 24, 2001. [HTML, WP5.1]

Tucker v. State, CA CR 00-1312 (Stroud, C.J.), affirmed October 24, 2001. [HTML, WP5.1]

Bean v. Director of Labor, E 01-118, October 24, 2001.

Biddle v. Director of Labor, E 01-125, October 24, 2001.

Courtney v. Director of Labor, E 01-123, October 24, 2001.

Frazier v. Director of Labor, E 01-119, October 24, 2001.

Hall v. Director of Labor, E 01-132, October 24, 2001.

Layes v. Director of Labor, E 01-124, October 24, 2001.

Perez v. Director of Labor, E 01-122, October 24, 2001.

Pierce v. Director of Labor, E 01-126, October 24, 2001.

Robinson v. Director of Labor, E 01-127, October 24, 2001.

Schweitzer v. Director of Labor, E 01-120, October 24, 2001.

Snowden v. Director of Labor, E 01-131, October 24, 2001.

Vanwinkle v. Director of Labor, E 01-130, October 24, 2001.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-1312. Gary Leland Tucker v. State of Arkansas, from Union Circuit. Affirmed. Hart and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1414. Dowe Marshall and Judy Marshall v. Peter Laughlin et ux., from Yell Chancery. Affirmed. Hart and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-210. Sharp County Sheriff's Department v. Ozark Acres Improvement District, from Workers' Compensation Commission. Reversed and Remanded. Pittman, Hart, Neal, and Roaf, JJ., agree. Griffen, J., dissents. (8 PAGES + 6 PAGE-DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-123. Bruce Long v. Jack Bonds, from Van Buren Circuit. Reversed and Dismissed. Hart and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-41. Ray Willie Sawyer v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-301. Sheri Lynn Cromwell Collins v. Alton Tarrant Cromwell, Jr., from White Chancery. Affirmed. Stroud, C.J., and Jennings, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-43. Mark Alan Dodson v. State of Arkansas, from Crawford Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-108. Michael Jay Glenn v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Dismissed. Baker and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-275. Terri Scott Shroyer (now Corey) v. Paul David Kauffman, from Sharp Chancery. Reversed and Remanded. Baker and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-363. Jim Pentz and Jeannie Pentz v. Al Romine and Chris Romine, from Washington Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1101. Daniel Scott Chrobak v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught, J., agrees. Pittman, J., concurs. (14 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-1104. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Vaught, J., agrees. Pittman, J., concurs. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1428. Keith Cook and Glenna Hudson v. River Valley Land, Inc., from Pulaski Chancery. Dismissed. Pittman and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-132. Erika Wentz v. Service Master, from Workers' Compensation Commission. Reversed and Remanded. Stroud, C.J., agrees. Griffen, J., concurs. (9 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1356. Scharel Ann Burley v. State of Arkansas, from Washington Circuit. Reversed and Remanded. Pittman and Neal, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-1338. Anthony Stephens v. State of Arkansas, from Lonoke Circuit. Affirmed. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-138. Patricia Ruble v. Arkansas Department of Human Services, from Van Buren Chancery. Affirmed. Pittman and Neal, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-218. Sammy O. Smith v. State of Arkansas, from Desha Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-152. Cooper Tire & Rubber Company v. Richard Angell, from Workers' Compensation Commission. Affirmed. Jennings and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA01-310. Jerry D. Hensley v. A.I.D. Temporary Services, Inc. and Insurance Company of the State of Pennsylvania, from Workers' Compensation Commission. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-407. Hope Lynch v. Arkansas Department of Human Services, from Benton Chancery. Affirmed. Robbins and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-75. Randy Rumbaugh v. Director, Employment Security Department and Office Max, from Board of Review. Reversed and Remanded. Jennings, J., and Hays, S.J., agree. (2 PAGES UNPUBLISHED) [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).

E01-118. Hazel M. Bean v. Director et al.

E01-119. Tina R. Frazier v. Director et al.

E01-120. Trina D. Schweitzer v. Director et al.

E01-122. Gerardo Perez v. Director et al.

E01-123. Dana L. Courtney v. Director et al.

E01-124. Majorie E. Layes v. Director et al.

E01-125. Addie Biddle v. Director et al.

E01-126. Walter E. Pierce v. Director et al.

E01-127. Cynthia L. Robinson v. Director et al.

E01-130. Levetta M. Vanwinkle v. Director et al.

E01-131. Larry C. Snowden v. Director et al.

E01-132. Donesia R. Hall v. Director et al.

PER CURIAM ORDERS

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

CACR00-820. Ronald Owen v. State of Arkansas, from Craighead Circuit, Western District. See supplemental opinion of even date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-1187. Sherman Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA00-331. Louanne Parker v. John Matthew Parker, from Craighead Chancery, Western District.

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

CA01-79. Doyle Taylor (Deceased) v. Lubritech, from Workers' Compensation Commission.

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CACR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit. Appellant's motion for belated return of writ of certiorari and to supplement abstract is granted.

CACR00-748. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Second motion of Phillip A. McGough for attorney's fees and motion to be relieved as counsel for appellant is granted. Allowed $850.00.

CACR00-976. Jessie James Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of John C. Stratford for attorney's fees is granted. Allowed $1,200.00.

CACR00-1248. Joseph Hilton v. State of Arkansas, from Pulaski Circuit, Fifth Division. In the Matter of Contempt re: Madeline McClure. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1299. Senequa Chatt v. State of Arkansas, from Crittenden Circuit. Motion of Jan Thornton for attorney's fees is granted. Allowed $750.00.

CACR00-1313. Joseph A. Stocks v. State of Arkansas, from White Circuit. Motion of Jim Petty for attorney's fees is granted. Allowed $500.00.

CACR01-62. Michael Chatt v. State of Arkansas, from Crittenden Circuit. Motion of Tammy L. Harris for attorney's fees is granted. Allowed $1,000.00.

CACR01-63. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Horace A. Walker for attorney's fees is granted. Allowed $650.00.

CACR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Appellant's second petition for writ of certiorari to complete the record and for brief time is granted. Record to be completed within thirty days. Appellant's brief due forty-five days thereafter.

CACR01-425. Derrick Walls v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of William O. "Bill" James, Jr. for attorney's fees is granted. Allowed $1,000.00.

CACR01-542. Jimmie Housley v. State of Arkansas, from Marion Circuit. Appellant's motion for additional brief time is granted.

CACR01-564. Demetrius Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for transcript for Rule 37 proceedings is denied. Prematurely filed.

CACR01-635. Cleveland Wright v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CACR01-683. Jimmy Lee Europe, Jr. v. State of Arkansas, from Howard Circuit. Appellant's second motion to supplement the record is denied.

CACR01-729. State of Arkansas v. Eric G. Holmes, from Pulaski Circuit, First Division. Appellant's motion to proceed under amended rules of the Supreme Court and Court of Appeals is denied.

CACR01-1044. Sharon Whitaker v. State of Arkansas, from Polk Circuit. Appellant's motion to supplement the record and for brief time is granted. Record deemed supplemented. Appellant's brief due in thirty days.

CA00-1182. Sharrion Barnes v. Alma School District, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Allowed $500.00.

CA00-1328. John Fitton v. Susan Fitton, from Pulaski Chancery, Fifth Division. Appellant's motion for attorney's fees is denied. Costs assessed on mandate. Griffen, J., not participating.

CA00-1389. Regina Hislip v. Helena/West Helena Schools, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Allowed $500.00.

CA00-1433. Green Machine Corporation v. Allen Engineering Corporation, from Greene Circuit. Appellee's motion for attorney's fees is granted.

CA01-130. Cabot Manor Nursing Home v. Sheila Strayhorn, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Allowed $500.00.

CA01-308. Richard Henley et al. v. Leon Britton et al., from Faulkner Chancery. Appellants' motion to file belated reply brief and for additional time is granted.

CA01-496. Rodney McNair v. Melinda A. McNair Johnson, from White Chancery. Appellant's motion for extension of time to file brief and to unseal children's testimony is granted. See per curiams this date. Stroud, C.J., Pittman, Jennings, Crabtree, and Baker, JJ., dissent. (3 PAGES + 3-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-567. Diane Louise Jones (Davidson) v. Charles David Jones, from Washington Chancery. Appellant's motion for additional brief time is granted. Stroud, C.J., and Roaf, J., would make this final extension.

CA01-598. HRR Arkansas, Inc. v. Rivercity Contractors, Inc. et al., from Pulaski Chancery, Fourth Division. Appellant's motion for additional brief time is granted. Stroud, C.J., and Roaf, J., would make this final extension.

CA01-645. Cecil W. Smith v. Alcoa, from Workers' Compensation Commission. Appellant's motion for additional time to correct abstracted exhibits is granted. Corrected abstract due October 31, 2001.

CA01-656. John H. Cook v. Alcoa, from Workers' Compensation Commission. Appellant's motion for additional time to correct abstracted exhibits is granted. Corrected abstract due October 31, 2001.

CA01-658. Tonnie Norton v. Pulaski County Industrial Development Corporation, from Pulaski Circuit, Third Division. Appellant's motion to remand to settle the record and to stay brief time is granted. Record to be settled within thirty days. Brief due in sixty days.

CA01-715. Randall B. Hartford v. National Linen Service, from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted.

CA01-869. City of Siloam Springs et al. v. Benton County, Arkansas et al., from Benton Circuit. Motion of appellant, City of Siloam Springs, Arkansas, to file belated brief is granted.

CA01-978. Kenneth Arnold et al. v. Stanley LeBlanc et al., from Pulaski Chancery, First Division. Motion of Tona M. DeMers to be relieved as counsel for appellants is granted.

CA01-1023. Christy Reeves v. Arkansas Department of Human Services, from Poinsett Chancery. Motion of Jennifer E. Weaver to be substituted as counsel for appellant is granted.

CA01-1023. Christy Reeves v. Arkansas Department of Human Services, from Poinsett Chancery. Appellant's petition for writ of certiorari to complete the record and for additional brief time is granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA00-1069. Renny's Bail Bond Company v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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

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CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for additional brief time.

CACR01-367. Jan Doyle v. State of Arkansas, from Crittenden Circuit. Motion of Richard H. Young for attorney's fees.

CACR01-589. Billy Krimmel v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.

CACR01-966. Robert Morning v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to combine CACR01-966 with CACR01-1041; motion to supplement the record; motion to file one brief; and motion for brief time.

CACR01-976. John Hewitt, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for extension of time to supplement the record and for brief time.

CA01-71. Johnnie Sue Brown v. Excel Corporation, from Workers' Compensation Commission. Appellant's motion for attorney's fees.

CA01-205. Cory M. Davis v. State of Arkansas, from Garland Chancery. Motion of Jeannie L. Denniston for attorney's fees.

CA01-284. Randy Ellis v. Linda Lee Ellis, from Union Chancery. Appellee's motion for attorney's fees.

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

CA01-652. Kelly Otto Clark v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellant's renewed motion to expand length of brief.

SUBMISSIONS

CA00-1074. Robert D. Brandon et al. v. Arkansas Western Gas Company, from Public Service Commission. Argued orally.

CA01-140. Mollie Randle Childers v. Arkansas Department of Human Services, from St. Francis Chancery. Argued orally.

CACR00-1291. Anthony Arnez Nelson v. State of Arkansas, from Faulkner Circuit.

CACR00-1475. David Griffen v. State of Arkansas, from Craighead Circuit, Western District.

CACR01-142. Lenois King v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-221. Fredrick Wilson v. State of Arkansas, from Bradley Circuit.

CACR01-235. David A. Bramucci v. State of Arkansas, from Crittenden Circuit.

CACR01-262. Steven Sanders v. State of Arkansas, from Newton Circuit.

CACR01-367. Jan Doyle v. State of Arkansas, from Crittenden Circuit.

CACR01-387. John Daniel Conner v. State of Arkansas, from Carroll Circuit, Eastern District.

CACR01-415. Aaron A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-480. Lloyd Edward Price v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-525. Derrick Burnett v. State of Arkansas, from Jefferson Circuit.

CA00-633. Denver Lane Rice v. Johnia Lea Rice, from Saline Chancery.

CA01-20. James R. Brown v. General Medical Corporation et al., from Workers' Compensation Commission.

CA01-58. Charles Rhoads v. Alex Lacy, from Washington Circuit.

CA01-260. Leonard L. Krout et ux. v. Kathy M. Byrum, from Pope Chancery.

CA01-397. Robert Andrew McCurdy v. Elaine Elizabeth McCurdy, from Benton Chancery.

CA01-435. Terry Hice v. City of Fort Smith, from Sebastian Chancery, Fort Smith District.

CA01-483. John L. Seymore v. Sharon Y. Seymore, from Jefferson Chancery.

CA01-492. Carrie L. Southerland v. John R. Southerland, Jr., from Pulaski Chancery, Third Division.

CA01-574. Technical Hydraulics et al. v. Gerald Socwell, from Workers' Compensation Commission.

CA01-578. Walter Elvisto Hobbs II v. State of Arkansas, from Pulaski Chancery, Tenth Division.

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

E01-45. CLA-CLIF Nursing & Rehab Center v. Director et al.

E01-133. Cindy L. Biddle v. Director et al.

E01-134. Bernard J. Halls v. Director et al.

E01-135. David E. Williams v. Director et al.

E01-136. David Perdue, Jr. v. Director et al.

E01-137. Bobby J. Purifoy v. Director et al.

E01-138. Heather N. Whitlock v. Director et al.

E01-139. Jerry L. Hornback v. Director et al.

E01-140. Vickie Clements v. Director et al.

E01-141. Jerry G. Tibbs, Sr. v. Director et al.

E01-142. Robert L. Nellum v. Director et al.

E01-143. Trina Starks v. Director et al.

E01-144. Barbara Ames v. Director et al.