Coombs v. Hot Springs Village Prop. Owners Ass'n (Roaf, J.) CA01-052

Civil procedure -- Voluntary nonsuit; matter had not been submitted to court for decision when it denied appellant's motion; trial court erred in refusing to grant motion for voluntary nonsuit. [HTML, WP5.1]

Gwatney v. State (Stroud, C.J.) AR00-908

Criminal law -- Possession of contraband; additional factor must link accused to contraband in joint-occupancy cases; conviction for possession of drug paraphernalia reversed & dismissed where no additional factor linked appellant to contraband. [HTML, WP5.1]

Hamm v. State (Griffen, J.) CACR01-189

Courts -- Jurisdiction; trial court determined it lacked jurisdiction where appellant's petition to modify sentence was not filed within ninety-day period prescribed by Ark. R. Crim. P. 37.2. [HTML, WP5.1]

Hawks Enters., Inc. v. Andrews (Roaf, J.) CA01-359

Arbitration -- Contract lacked mutuality; arbitration clause not validly enforceable. [HTML, WP5.1]

Izell v. State (Roaf, J.) CACR00-1415

Search & seizure -- Vehicular search; no legal search of appellant's vehicle incident to arrest; no legitimate basis for arresting officer's decision to inventory appellant's vehicle; denial of motion to suppress evidence reversed. [HTML, WP5.1]

Polk v. State (Hart, J.) AR01-270

Criminal law -- Possession of cocaine; substantial evidence existed that appellant constructively possessed cocaine; evidence insufficient to sustain conviction for constructive possession of handgun; convictions for simultaneous possession of drugs & firearms & theft by receiving reversed; conviction for possession of controlled substance with intent to deliver affirmed. [HTML, WP5.1]

Troutman Oil Co. v. Lone (Robbins, J.) CA00-1453

Contracts -- Lease-renewal option; notice of renewal of fixed-time contract not required in absence of contrary provision in agreement; appellee did not need to specifically notify appellant of intent to renew. [HTML, WP5.1]

Baldwin v. Baldwin, CA 01-149 (Pittman, J.), remanded for rebriefing October 31, 2001. [HTML, WP5.1]

Briggs v. State, CA CR 01-65 (Pittman, J.), reversed and dismissed October 31, 2001. [HTML, WP5.1]

Britton v. State, CA CR 01-176 (Roaf, J.), affirmed October 31, 2001. [HTML, WP5.1]

Brown v. State, CA CR 01-264 (Bird, J.), affirmed October 31, 2001. [HTML, WP5.1]

Edwards v. Dickey, CA 01-382 (Griffen, J.), appeal dismissed October 31, 2001. [HTML, WP5.1]

Highland Resources, Inc. v. Walker, CA 01-485 (Bird, J.), affirmed October 31, 2001. [HTML, WP5.1]

Jones v. State, CA CR 01-255 (Robbins, J.), affirmed October 31, 2001. [HTML, WP5.1]

Lisenby v. Lisenby, CA 01-307 (Robbins, J.), affirmed October 31, 2001. [HTML, WP5.1]

Manley v. State, CA CR 01-292 (Stroud, C.J.), affirmed October 31, 2001. [HTML, WP5.1]

Mashaw v. Trusell, CA 01-191 (Jennings, J.), affirmed October 31, 2001. [HTML, WP5.1]

McCracken v. Director, E 00-193 (Crabtree, J.), affirmed October 31, 2001. [HTML, WP5.1]

Morgan v. State, CA CR 00-1265 (Vaught, J.), affirmed October 31, 2001. [HTML, WP5.1]

Natt v. State, CA CR 01-500 (Jennings, J.), affirmed October 31, 2001. [HTML, WP5.1]

O'Neal v. State, CA CR 00-602 (Pittman, J.), Petition for Rehearing denied; concurrence only October 31, 2001. [HTML, WP5.1]

Robinson v. State, CA CR 01-281 (Griffen, J.), affirmed October 31, 2001. [HTML, WP5.1]

Smith v. State, CA CR 00-1316 (Crabtree, J.), affirmed October 31, 2001. [HTML, WP5.1]

Superior Senior Care, Inc. v. Director, E 00-167 (Vaught, J.), affirmed October 31, 2001. [HTML, WP5.1]

Swanigan v. State, CA CR 00-285 (Neal, J.), affirmed October 31, 2001. [HTML, WP5.1]

Walls v. Director, E 01-06 (Hart, J.), affirmed October 31, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-908. Robert Kent Gwatney v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Hart, Bird, Griffen, and Crabtree, JJ., agree. Jennings, J., dissents. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR01-292. Majado Manley v. State of Arkansas, from Ouachita Circuit. Affirmed. Hart and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-65. James Briggs v. State of Arkansas, from Faulkner Circuit. Reversed and Dismissed. Vaught and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-149. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery. Remanded for Rebriefing. Neal and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-270. Jewell Polk v. State of Arkansas, from Pulaski Circuit. Affirmed in Part; Reversed and Dismissed in Part. Stroud, C.J., and Griffen, J., agree. Bird, J., concurs. Jennings and Crabtree, JJ., concur in part; dissent in part. (7 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

E01-06. Harold Walls v. Director, Arkansas Employment Security Department, from Board of Review. Affirmed. Stroud, C.J., and Jennings, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-500. Lawayne Natt v. State of Arkansas, from Garland Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-191. Tommy Mashaw v. Dr. James J. Trusell, from Sebastian Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-255. Hal Franklin Jones v. State of Arkansas, from Saline Circuit. Affirmed. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1453. Troutman Oil Company, Inc. v. Shahlla Lone, from Lonoke Circuit. Affirmed. Stroud, C.J., Griffen, and Vaught, JJ., agree. Bird and Neal, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-307. Renita Kay Lisenby v. Joe R. Lisenby, from Little River Chancery. Affirmed. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-264. David Brown v. State of Arkansas, from Pope Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-485. Highland Resources, Inc., AIG Claim Services, Inc. v. Gary D. Walker, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-189. Richard Marion Hamm v. State of Arkansas, from Ashley Circuit. Affirmed. Bird and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-281. Norris W. Robinson v. State of Arkansas, from Jackson Circuit. Affirmed. Bird and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-382. Joe Lynn Edwards et al. v. James J. Dickey, Sr. et al., from Garland Chancery. Appeal Dismissed. Bird and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-285. Eddie David Swanigan v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-1265. Jimmy Dale Morgan v. State of Arkansas, from Pike Circuit. Affirmed. Pittman and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E00-167. Superior Senior Care, Inc. v. Director, Arkansas Employment Security Department and Dena R. Ford, from Board of Review. Affirmed. Pittman and Neal, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-1316. Gregory Deon Smith v. State of Arkansas, from Desha Circuit. Affirmed. Bird and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

E00-193. Thomas H. McCracken v. Director, Arkansas Employment Security Department and Greene County Sheriff's Department, from Board of Review. Affirmed. Bird and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR00-1415. Robert Izell, Jr. v. State of Arkansas, from Sebastian Circuit. Reversed and Remanded. Robbins and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-176. Willie Britton v. State of Arkansas, from Pulaski Circuit. Affirmed. Baker and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-52. Kyle Coombs v. Hot Springs Village Property Owners Association, et al., from Garland Circuit. Reversed and Remanded. Hart and Jennings, JJ., agree. Baker, J., concurs. Pittman, J., and Hays, S.J., dissent. (6 PAGES + 3-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-359. Hawks Enterprises, Inc., d/b/a Hawks Mobile Homes and Jim Morgan v. Phillip Andrews and Deborah Andrews, from Saline Circuit. Affirmed. Robbins and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

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

CACR00-602. Sarah O'Neal v. State Of Arkansas, from Pulaski Circuit, First Division. Pittman, J., concurs. (2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

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 is moot.

CACR01-292. Majado Manley v. State of Arkansas, from Ouachita Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR01-500. Lawayne Natt v. State of Arkansas, from Garland Circuit. Motion of James R. Gowen, Jr., for attorney's fees is granted. Allowed $1,000.00.

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

CACR01-966. Robert Morning v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to combine CACR01-966 with CACR01-1041 is granted. Case No. CACR01-1041 is surviving case. Motion to supplement the record is granted. Record deemed supplemented. Combined brief due November 5, 2001.

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 is granted.

CA00-850. Cheryl Paslay v. Arkansas Department of Human Services, from White Chancery. Motion of Jim Petty for attorney's fees is denied. See Baker v. Ark. Dep't of Human Servs., 340 Ark. 409-A, 16 S.W.3d 530 (2000); and State v. Post, 311 Ark. 510, 845 S.W.2d 487 (1993).

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

CA01-205. Cory M. Davis v. State of Arkansas, from Garland Chancery. Motion of Jeannie L. Denniston for attorney's fees is granted. Allowed $800.00.

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

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

CA01-556. Robert P. Goodman et al. v. Ellis W. Maness et al., from Lafayette Circuit. Appellees' motion to file belated brief is granted. Brief filed this date.

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

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

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 is granted.

PETITIONS FOR REHEARING:

CA01-207. Melba Laird v. Sandra Shelnutt, from Saline Chancery.

CA01-309. Omar Jaraki, M.D. v.Cardiology Associates of Northeast Arkansas, P.A., from Craighead Chancery, Western District.

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CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Motion of James E. Hensley, Jr., for attorney's fees.

CACR01-54. Michael Joe Girtman v. State of Arkansas, from Sharp Circuit. Motion of Kelly J. Adkins for attorney's fees.

CACR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional time.

CACR01-780. Fahim J. Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for photocopies at public expense and other relief.

CACR01-1015. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Bill Luppen to be substituted as counsel for appellant and to relieve Bill James as counsel.

CA01-495. John Brooks v. State of Arkansas, from Faulkner Circuit. Appellee's motion for additional brief time.

CA01-530. Karen Diemer v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Appellant's motion to proceed pursuant to amended rules.

CA01-978. Kenneth Arnold and Pamela Arnold v. Stanley LeBlanc and Muriel LeBlanc, from Pulaski Chancery, First Division. Motion of Ben E. Rice to be substituted as counsel for appellants and for brief time.

E01-238. Larry G. Smith v. Director et al., from Board of Review. Appellant's motion to file belated appeal.

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit.

CACR00-1274. Christopher N. Jones v. State of Arkansas, from Crittenden Circuit.

CACR00-1303. Mitchell Trimble and Melody Trimble v. State of Arkansas, from Saline Circuit.

CACR01-61. Wanda Williams and Janet Urango v. State of Arkansas, from Franklin Circuit, Northern District.

CACR01-147. Daniel Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-167. Christopher Ray Sullivan v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-198. William Henry Reed, Jr. v. State of Arkansas, from Hot Spring Circuit.

CACR01-245. Paul Darrough and Bobby Lewis v. State of Arkansas, from Lincoln Circuit.

CACR01-267. Samuel James Jefferson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-291. Debbie Lynn Jacks v. State of Arkansas, from Garland Circuit.

CACR01-294. Dorothy Boles v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-341. Greg Lamont Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-388. Louis S. Ralph v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR01-428. Rodney Scott Porta v. State of Arkansas, from Crawford Circuit.

CACR01-461. Jeffrey Willis Scott Reavis v. State of Arkansas, from Boone Circuit.

CACR01-472. Almer Willis Wright v. State of Arkansas, from Hot Spring Circuit.

CACR01-474. Jerry Martin (McCoy) v. State of Arkansas, from Bradley Circuit.

CACR01-477. John Loyd Hartsfield v. State of Arkansas, from Calhoun Circuit.

CACR01-490. Tyrone Lamont Jackson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-498. Cary Wayne Graves v. State of Arkansas, from Saline Circuit.

CACR01-508. James Curran v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-545. Stephen Ray Sharp v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-546. William Foster v. State of Arkansas, from Faulkner Circuit.

CACR01-573. Odell Hampton v. State of Arkansas, from Pulaski Circuit, Sixth Division.