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

Opinions delivered
November 14, 2001


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Ralph v. State (Crabtree, J.) CACR01-388

Search & seizure -- Warrantless entry; finding that appellant's consent was freely & voluntarily given was not clearly against preponderance of evidence; reliance on warrant irrelevant; State relied only on consent & on evidence found as result of consent. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Boles v. State, CA CR 01-294 (Neal, J.), affirmed November 14, 2001. [HTML, WP5.1]

Cla-Clif Nursing & Rehab Ctr. v. Director, E 01-45 (Bird, J.), affirmed November 14, 2001. [HTML, WP5.1]

Curran v. State, CA CR 01-508 (Stroud, C.J.), affirmed November 14, 2001. [HTML, WP5.1]

Darrough v. State, CA CR 01-245 (Robbins, J.), affirmed November 14, 2001. [HTML, WP5.1]

Foster v. State, CA CR 01-546 (Neal, J.), affirmed November 14, 2001. [HTML, WP5.1]

Graves v. State, CA CR 01-498 (Griffen, J.), affirmed November 14, 2001. [HTML, WP5.1]

Jacks v. State, CA CR 01-291 (Stroud, C.J.), reversed and dismissed November 14, 2001. [HTML, WP5.1]

Jackson v. State, CA CR 01-490 (Robbins, J.), affirmed November 14, 2001. [HTML, WP5.1]

Johnson v. State, CA CR 00-1406 (Baker, J.), affirmed November 14, 2001. [HTML, WP5.1]

Jones v. State, CA CR 00-1274 (Bird, J.), remanded for rebriefing November 14, 2001. [HTML, WP5.1]

Kohler v. State, CA CR 01-153 (Bird, J.), affirmed November 14, 2001. [HTML, WP5.1]

Koscenski v. Harrison, CA 01-282 (Hays, S.J.), Petition for Rehearing denied November 14, 2001. [HTML, WP5.1]

Martin v. State, CA CR 01-474 (Hart, J.), affirmed November 14, 2001. [HTML, WP5.1]

Osborne v. Benefield, CA 01-128 (Roaf, J.), affirmed in part; reversed and remanded in part November 14, 2001. [HTML, WP5.1]

Porta v. State, CA CR 01-428 (Baker, J.), affirmed November 14, 2001. [HTML, WP5.1]

Randles v. Berry, CA 01-223 (Pittman, J.), affirmed November 14, 2001. [HTML, WP5.1]

Reed v. State, CA CR 01-198 (Jennings, J.), affirmed November 14, 2001. [HTML, WP5.1]

Sharp v. State, CA CR 01-545 (Vaught, J.), affirmed November 14, 2001. [HTML, WP5.1]

Sullivan v. State, CA CR 01-167 (Hart, J.), affirmed November 14, 2001. [HTML, WP5.1]

Trimble v. State, CA CR 00-1303 (Crabtree, J.), affirmed November 14, 2001. [HTML, WP5.1]

Williams v. State, CA CR 01-61 (Roaf, J.), affirmed November 14, 2001. [HTML, WP5.1]

Young v. State, CA CR 00-956 (Baker, J.), affirmed November 14, 2001. [HTML, WP5.1]


ORIGINAL SYLLABUS

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-291. Debbie Lynn Jacks v. State of Arkansas, from Garland Circuit. Reversed and Dismissed. Pittman and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-508. James Curran v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Griffen, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-223. Benny Ray Randles v. Danny Berry et ux., from Madison Chancery. Affirmed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-167. Christopher Ray Sullivan v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-474. Jerry L. Martin a/k/a Jerry McCoy v. State of Arkansas, from Bradley Circuit. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-198. William Henry Reed, Jr. v. State of Arkansas, from Hot Spring Circuit. Affirmed. Bird and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-245. Paul Darrough and Bobby Lewis v. State of Arkansas, from Lincoln Circuit. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-490. Tyrone Lamont Jackson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR00-1274. Christopher N. Jones v. State of Arkansas, from Crittenden Circuit. Remanded for Rebriefing. Jennings and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-153. Karl Kohler v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-45. Cla-Clif Nursing & Rehab Center v. Director et al., from Board of Review. Affirmed. Jennings and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-498. Cary Wayne Graves v. State of Arkansas, from Saline Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-294. Dorothy Boles v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-546. William Matthew Foster v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-545. Stephen Ray Sharp v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-1303. Mitchell and Melody Trimble v. State of Arkansas, from Saline Circuit. Affirmed. Robbins and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-388. Louis S. Ralph v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins and Neal, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-956. Lynn Eugene Young v. State of Arkansas, from Izard Circuit. Affirmed. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1406. Charles Johnson v. State of Arkansas, from Ouachita Circuit. Affirmed. Robbins and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-428. Rodney Scott Porta v. State of Arkansas, from Crawford Circuit. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-61. Wanda Williams and Janet Urango v. State of Arkansas, from Franklin Circuit, Northern District. Affirmed. Jennings and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-128. Lori Osborne v. Lloyd Benefield, from Washington Chancery. Affirmed in Part; Reversed and Remanded in Part. Robbins and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA01-282. Steve Koscenski and Carole Koscenski v. Bob Harrison and June Harrison, from Conway Chancery. See substituted opinion this date. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

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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 is granted. Allowed $900.00.

CACR00-1187. Sherman Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR00-1265. Jimmy Dale Morgan v. State of Arkansas, from Pike Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $1,000.00. Neal, J., not participating.

CACR01-55. Nikita Floyd v. State of Arkansas, from Crittenden Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $850.00.

CACR01-179. Steven Higgins v. State of Arkansas, from Craighead Circuit, Western District. Motion of Janea Spades for attorney's fees is granted. Allowed $1,000.00.

CACR01-542. Jimmy Leroy Housley v. State of Arkansas, from Marion Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would deny.

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

CACR01-621. Leslie D. Alexander v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time is granted.

CACR01-629. Terry Williams v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief is granted.

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for appointment of counsel is granted. William H. Craig is appointed to represent the appellant.

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

CACR01-1018. Carol Crockett v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to file belated brief is granted. Brief due in sixty days.

CACR01-1165. James E. Davis v. State of Arkansas, from Cross Circuit. Appellant's pro se motion for release on bond is remanded to the trial court. Crabtree, J., would deny.

CACR01-1176. Steven Anthony Walker v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Dana R. Davis to be relieved as counsel for the appellant is granted. Clay T. Buchanan is appointed to represent the appellant.

CA01-207. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery. Appellee's motion for sanctions is denied.

CA01-536. Charles Conn, Sr. et al. v. Arkansas Department of Human Services, from Pope Chancery. Appellee's motion to dismiss appeal is denied. Motion to stay briefing schedule is granted. Brief due in twenty days.

CA01-866. Glenda Meek v. David Carter, Administrator, from Pope Probate. Appellee's motion to supplement the record is granted. Record deemed supplemented.

CA01-942. Karen Rosamond v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion to file belated brief is granted. Brief due November 28, 2001.

CA01-953. David L. Brown v. Janet Brown, from Pulaski Chancery, First Division. Motion of Stephen E. Whitwell to be substituted as counsel for appellee is granted.

CA01-978. Kenneth Arnold et al. v. Stanley LeBlanc et al., from Pulaski Chancery, First Division. Motion of Ken Jones and Mary J. Pruniski to be substituted as counsel for appellees is granted.

CA01-1021. Arkansas Department of Human Services v. Joyce Cox, from Greene Probate. Appellant's motion to supplement the record is granted. Record deemed supplemented. Motion to stay briefing schedule is granted. Brief due in thirty days.

CA01-1126. Seachange International, Inc. v. Jeffery O. Putterman et al., from Pulaski Circuit, Fifth Division. Appellant's motion to release records filed under seal is granted.

CA01-1144. Dermott Special School District et al. v. Iris Johnson, from Drew Circuit. Appellant's motion for stay in execution is denied without prejudice. See Schramm v. Piazza, 53 Ark. App. 99, 918 S.W.2d 733 (1996).

SUBMISSIONS

CA00-1464. National Union Fire Insurance Company of Pittsburgh, PA v. Guardtronic, Inc., from Sebastian Circuit, Fort Smith District. Argued orally.

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-72. Juan Dukes, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-120. Gregory Andre Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-158. Johnny Ray Calkin v. State of Arkansas, from White Circuit.

CACR01-399. Clifton F. Wofford v. State of Arkansas, from Perry Circuit.

CACR01-408. Danny Gipson v. State of Arkansas, from Crawford Circuit.

CACR01-650. Tommy Farmer v. State of Arkansas, from Garland Circuit.

CACR01-663. Lewis Brooks v. State of Arkansas, from Crawford Circuit.

CACR01-680. Jose F. Wilkerson v. State of Arkansas, from Crittenden Circuit.

CA00-1438. Hugh B. Chalmers et al. v. Nina Chalmers, from Crittenden Chancery.

CA00-1460. Kevin Mayberry v. Dorothy Flowers, from Conway Probate.

CA01-8. Jim H. Apel v. Ronald Cummings, from Jefferson Probate.

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division.

CA01-91. James Murphy v. State of Arkansas, from Pulaski Circuit, First Division.

CA01-222. Clyde McWilliams v. Karl W. Schmidt et al., from Pulaski Circuit, Third Division.

CA01-455. David Copeland v. Baldwin & Shell Construction, from Workers' Compensation Commission.

CA01-467. Richard Washburn v. Nabholtz Construction, from Workers' Compensation Commission.

CA01-510. Wayne Curtis Poore v. Diann Poore, from Yell Chancery, Northern District.

CA01-511. R & T Properties, LLC v. Michael Reyna et al., from Phillips Chancery.

CA01-554. Rhonda Ford v. Jon D. Ford, from Woodruff Chancery.

CA01-591. Angel Mays v. Alumnitec, Inc., from Workers' Compensation Commission.

CA01-689. Baxter Healthcare Corporation et al. v. Janet M. Roberts, from Workers' Compensation Commission.

CA01-746. Death & Permanent Total Disability Trust Fund v. James E. Brewer et al., from Workers' Compensation Commission.