Abernathy v. Knych (Bird, J.) CA00-1225

Motions -- Questions remained for determination by jury; trial court erred in granting motion for directed verdict. [HTML, WP5.1]

Apel v. Cummings (Hart, J.) CA01-008

Parent & child -- Adoption; probate court erred in finding adoption not in best interest of children; denial of appellant's petition reversed & remanded for entry of order granting adoption. [HTML, WP5.1]

Brandon v. Arkansas Western Gas Co. (Roaf, J.) CA00-1074

Public Service Commission -- Appellants had full & fair opportunity to litigate issue of refunds; Commission did not err in holding settlement agreement entered was res judicata; Commission not required to address class-citification issue first; res judicata barred appellants' claim. [HTML, WP5.1]

Brooks v. State (Neal, J.) CACR01-663

Discovery -- Testimony not disclosed pursuant to pretrial discovery procedures; appellant failed to meet burden of establishing that omission was sufficient to undermine confidence in outcome of trial; no error in refusing to grant motion for new trial. [HTML, WP5.1]

Cassidy v. Arkansas Dep't of Human Servs. (Baker, J.) CA01-45

Parent & child -- Termination of parental rights; finding that appellee had provided adequate reunification services based upon clear & convincing evidence; chancellor's decision not clearly erroneous; termination of parental rights was in children' best interest. [HTML, WP5.1]

Gerot v. Gerot (Griffen, J.) CA01-448

Parent & child -- Change of custody; chancellor erred in granting appellee's motion for change of custody where appellee failed to present evidence of material change of circumstances; matter remanded for ruling on petition to relocate. [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered January 30, 2002.

Keathley v. Keathley (Griffen, J.) CA01-423

Divorce -- Property-division statute; chancellor not required to find part's homemaker services contributed to acquisition or preservation of marital assets; unequal distribution allowed; appellant presented no evidence to rebut presumption of gift; chancellor's findings were not clearly erroneous. [HTML, WP5.1]

Manning v. State (Pittman, J.) CA01-129

Criminal law -- Conditional release; revocation affirmed. [HTML, WP5.1]

Mays v. State (Neal, J) CACR01-662

Search & seizure -- Warrantless search; stopping & detaining citizen; officer had reasonable suspicion; denial of motion to suppress affirmed. [HTML, WP5.1]

McWilliams v. Schmidt (Vaught, J.) CA01-222

Property -- Boundary line; substantial evidence that appellant failed to establish adverse possession, acquiescence, or boundary by agreement; jury's finding that appellant did not own disputed land was supported by substantial evidence; trial court did not err in refusing to set aside verdict; trial judge's refusal to delay decision on motion for summary judgment not an abuse of discretion where appellant could not demonstrate how additional discovery would have changed outcome of case. [HTML, WP5.1]

Poore v. Poore (Jennings, J.) CA01-510

Divorce -- Chancellor reasonably concluded that appellant failed to make prima facie case of general indignities; no error found in trial court's grant of directed verdict. [HTML, WP5.1]

R&T Properties, LLC v. Reyna (Baker, J.) CA01-511

Easements -- Easement of necessity; appellant did not meet burden; chancellor's finding that reasonable necessity did not exist was not error. [HTML, WP5.1]

Rudd v. State (Robbins, J.) CACR01-431

Criminal law -- Revocation of suspension; proof sufficient to revoke probation; appellant had no basis for challenging on appeal jurisdiction of trial court in proceedings below. [HTML, WP5.1]

Sanders v. State (Jennings, J.) CACR01-262

Criminal law -- Possession of drug paraphernalia clear; guilty verdict purported by substantial evidence; officers were executing search warrant at methamphetamine lab in remote area; under Ark. R. Crim. P. 2.2, officers could approach appellant to ask for identification & to inquire about purpose of his visit; search authorized solely on evidence found in appellant's vehicle; warrant to search appellant's apartment was invalid; officers were acting in good faith on determination of probable cause made by magistrate; trial court did not err in denying motion to suppress. [HTML, WP5.1]

Stivers v. State (Jennings, J.) CACR00-947

Search & seizure -- Nighttime search; statements in support of warrant conclusory or insufficient to support nighttime search; reversed & remanded. [HTML, WP5.1]

Banks v. State, CA CR 00-805 (Stroud, C.J.), affirmed December 5, 2001. [HTML, WP5.1]

Baxter Healthcare Corp. v. Roberts, CA 01-689 (Neal, J.), affirmed December 5, 2001. [HTML, WP5.1]

Calkin v. State, CA CR 01-158 (Hart, J.), rebriefing ordered December 5, 2001. [HTML, WP5.1]

Chalmers v. Chalmers, CA 00-1438 (Roaf, J.), affirmed December 5, 2001. [HTML, WP5.1]

Copeland v. Baldwin & Shell Constr., CA 01-455 (Robbins, J.), affirmed December 5, 2001. [HTML, WP5.1]

Dukes v. State, CA CR 01-72 (Roaf, J.), affirmed December 5, 2001. [HTML, WP5.1]

Farmer v. State, CA CR 01-650 (Griffen, J.), affirmed December 5, 2001. [HTML, WP5.1]

Gipson v. State, CA CR 01-408 (Bird, J.), affirmed December 5, 2001. [HTML, WP5.1]

Langston v. State, CA CR 00-401 (Pittman, J.), affirmed December 5, 2001. [HTML, WP5.1]

Mackintrush v. State, CA CR 01-341 (Vaught, J.), affirmed December 5, 2001. [HTML, WP5.1]

Murphy v. State, CA 01-91 (Robbins, J.), affirmed December 5, 2001. [HTML, WP5.1]

Pless v. Hudspeth, CA 01-12 (Griffen, J.), affirmed December 5, 2001. [HTML, WP5.1]

Wilkerson v. State, CA CR 01-680 (Vaught, J.), affirmed December 5, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR00-805. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Griffen, J., agrees. Pittman, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR00-401. Sheri Lynn Langston v. State of Arkansas, from Union Circuit. Affirmed. Neal and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-129. James Patrick Manning v. State of Arkansas, from Pulaski Probate, Ninth Division. Affirmed. Neal and Vaught, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-158. Johnny Ray Calkin v. State of Arkansas, from White Circuit. Rebriefing Ordered. Vaught and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-8. Jim H. Apel v. Ronald Cummings, from Jefferson Probate. Reversed and Remanded. Vaught and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-947. Larry Joe Stivers v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Crabtree and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-262. Steven Sanders v. State of Arkansas, from Newton Circuit. Affirmed. Bird, J, agrees. Roaf, J., concurs. (12 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA01-510. Wayne Curtis Poore v. Diann Poore, from Yell Chancery. Affirmed. Bird and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-431. Carl Rudd v. State of Arkansas, from Crawford Circuit. Affirmed. Neal and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA01-91. James Murphy v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Neal and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-455. David Copeland v. Baldwin & Shell Construction et al., from Workers' Compensation Commission. Affirmed. Neal and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-408. Danny Gipson v. State of Arkansas, from Crawford Circuit. Affirmed. Jennings, J., agrees. Roaf, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1225. William G. Abernathy and Anne Abernathy, d/b/a Wonder City, Inc. v. Kenneth J. Knych et al., from Crittenden Circuit. Reversed and Remanded. Robbins, Griffen, Crabtree, and Baker, JJ., agree. Roaf, J., dissents. (10 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-650. Tommy Farmer v. State of Arkansas, from Garland Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-12. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-423. Robert E. Keathley v. Billie A. Keathley, from Pulaski Chancery, First Division. Affirmed. Stroud, C.J., and Pittman, J., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]

CA01-448. Liza Michelle Gerot v. Paul Alan Gerot, from Pope Chancery. Affirmed in Part; Reversed in Part; Remanded in Part. Bird and Crabtree, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered January 30, 2002. (3 PAGES PUBLISHED)

OLLY NEAL, JUDGE:

CACR01-662. Leonard Mays v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-663. Lewis Albert Brooks v. State of Arkansas, from Crawford Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA01-689. Baxter Healthcare Corporation et al. v. Janet M. Roberts, from Workers' Compensation Commission. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-341. Greg Lamont Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Baker, J., agrees. Hart, J., concurs. (5 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CACR01-680. Jose F. Wilkerson v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-222. Clyde McWilliams v. Karl W. Schmidt et al., from Pulaski Circuit. Affirmed. Hart and Baker, JJ., agree. (15 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-45. Lisa Cassidy v. Arkansas Department of Human Services, from Pulaski Chancery, Juvenile Division. Affirmed. Stroud, C.J., Robbins, Griffen, Neal, and Crabtree, JJ., agree. Jennings, Bird, and Vaught, JJ., dissent. (5 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-511. R & T Properties, LLC v. Michael Reyna and Brenda C. Reyna, from Phillips Chancery. Affirmed. Hart and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-72. Juan Dukes, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-1074. Robert D. Brandon and Carl L. Brooks v. Arkansas Western Gas Company, from Public Service Commission. Affirmed. Stroud, C.J., Pittman, Jennings, Bird, and Griffen, JJ., agree. (16 PAGES PUBLISHED) [HTML, WP5.1]

CA00-1438. Hugh B. and Janelle Chalmers v. Nina Chalmers, from Crittenden Chancery. Affirmed. Jennings and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CA00-1453. Troutman Oil Company, Inc. v. Shahlla Lone, from Lonoke Circuit. Neal, J., would grant.

CA01-149. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division.

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CACR01-72. Juan Dukes, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Clarence W. Cash for attorney's fees is granted. Allowed $1,000.00.

CACR01-145. Keith King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of George R. Spence for attorney's fees is granted. Allowed $1,000.00.

CACR01-245. Paul Darrough and Bobby Lewis v. State of Arkansas, from Lincoln Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $750.00.

CACR01-291. Debbie Lynn Jacks v. State of Arkansas, from Garland Circuit. Motion of Steven R. Davis for attorney's fees is granted. Allowed $1,250.00.

CACR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Appellee's motion for clarification and for brief time. Appellee's brief due December 21, 2001.

CACR01-650. Tommy Farmer v. State of Arkansas, from Garland Circuit. Motion of James R. Gowen, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR01-778. Larry Dale Bellew v. State of Arkansas, from Miller Circuit. Appellant's motion for additional brief time is granted. Griffen, J, would make this final extension.

CACR01-832. Glenn Bell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file brief under amended rules is denied. Bird, Griffen, and Vaught, JJ., would grant. Appellant's substituted brief due in ten days. Pittman, J., would deny.

CACR01-889. Gabriel Coker v. State of Arkansas, from Lonoke Circuit. Motion of the Arkansas Public Defender Commission to be substituted as counsel for appellant is granted. Dorcy K. Corbin is appointed to represent the appellant. Brief due in forty days. (January 14, 2002).

CACR01-1011. Demetrie Culbreath v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file belated brief is granted. Brief due December 31, 2001.

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William O. "Bill" James, Jr. to be appointed as counsel for appellant is granted.

CACR01-1114. Raymond Martinez v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record and for brief time is granted. Neal, J., not participating.

CACR01-1199. Fredrick L. Delaney v. State of Arkansas, from Scott Circuit. Motion of Michael L. Allison to withdraw as counsel for appellant is denied without prejudice.

CA01-35. Suzanne Greenhaw Hargis v. Agronomics Limited Partnership, from Jackson Chancery. Appellant's motion for release of exhibits is granted.

CA01-308. Richard Henley et ux. v. Leon Britton et ux., from Faulkner Chancery. Appellants' motion for permission to include appendix is denied.

CA01-378. Billy D. Greer v. Linda S. Greer, from Craighead Chancery, Western District. Joint motion for stay of brief time is granted.

CA01-405. Everett Yarbrough et al. v. Billie F. Yarbrough, from Union Circuit. Appellee's motion to file documents under seal is granted. Hart, Neal, and Roaf, JJ., would deny. Brief due in thirty days (January 4, 2002).

CA01-405. Everett Yarbrough et al. v. Billie F. Yarbrough, from Union Circuit. Appellee's motion to supplement the record with amendments to supplement is granted. Roaf, J., would deny.

CA01-496. Rodney McNair v. Melinda A. McNair Johnson, from White Chancery. Appellee's motion for reconsideration of per curiam opinion is denied. Jennings, J., would grant.

CA01-845. Christopher Battishill et al. v. Arkansas Department of Human Services, from Greene Chancery. Appellants' motion for additional brief time is granted.

CA01-861. Oscar Stilley et al. v. Jim Perry et al., from Sebastian Circuit, Greenwood District. Appellants' motion for additional brief time is granted for thirty days.

CA01-891. Pauline Hartwick et al. v. Bradley R. Hill et ux., from Van Buren Circuit. Appellees' motion to dismiss appeal is denied.

CA01-899. Ronald J. McEntire, Jr. v. Amanda Michelle McEntire (Hobson), from Pulaski Chancery, Second Division. Appellant's motion for additional brief time is granted.

CA01-1074. Sandra Bishop v. Crary Mac Norton, from Jefferson Circuit. Appellant's motion to file belated brief is granted.

CA01-1103. International Paper Company et al. v. James Cricket Collier et al., from Lafayette Circuit. Appellants' motion to remand to correct the record and reset briefing schedule is granted. Remanded to trial court to settle the record within thirty days. Brief due February 5, 2002.

CA01-1126. Seachange International, Inc. v. Jeffery O. Putterman et al., from Pulaski Circuit, Fifth Division. Appellant's motion to stay briefing schedule and supplement the record or, in the alternative, to remand to trial court to settle record. Remanded to trial court to settle the record within thirty days. Brief due February 5, 2002.

CA01-1184. Volvo Commercial Finance v. Bobby Lard et al., from Crittenden Circuit. Appellant's motion for substitution of counsel is granted. Hart, J., would deny.

CA01-1206. Jerry Linebarger v. George Owenby et al., from Van Buren Circuit. Motion of appellee/cross-appellant, Canal Wood Corporation, for temporary stay is granted.

CA01-1274. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Appellant's petition for writ of prohibition and stay of order is denied. Bird, J., not participating.

CA01-1274. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Appellant's motion for expedited proceedings on petition for writ of prohibition and stay of order is moot. Bird, J., not participating.

E01-257. Bobby R. Simmons v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied. Bird, Vaught, and Roaf, JJ., would grant.

PETITION FOR REHEARING:

CACR01-270. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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CACR00-1030. Gregory F. Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Scott A. Strain for attorney's fees.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Caroline L. Winningham for attorney's fees.

CACR01-61. Janet Urango v. State of Arkansas, from Franklin Circuit, Northern District. Motion of Alvin Schay for attorney's fees.

CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's petition for writ of certiorari.

CACR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Motion of David O. Bowden and Rickey H. Hicks to be appointed as counsel for appellant and to proceed in forma pauperis.

CACR01-759. Kevin Terrance Arnold v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR01-779. Gregory Davidson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file brief under amended rules.

CACR01-1293. Damien Markee Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of James P. Clouette to be substituted as counsel for appellant.

CA00-1459. City of Marion et al. v. Guaranty Loan and Real Estate Company et al., from Crittenden Circuit. Appellants' motion for stay of mandate and for additional time to file petition for rehearing.

CA01-813. Steven H. Anderson v. Roy Ross Ford Lincoln Mercury et al., from Workers' Compensation Commission. Appellant's motion for additional brief time.

CA01-997. Deborah Berger-Nielsen v. William Lee Nielsen et al., from Washington Chancery. Appellant's motion to change style of case.

CA01-220. Barbara Spears et al. v. City of Fordyce et al., from Dallas Circuit. Argued orally.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-355. Ricky Flewellyn v. State of Arkansas, from Phillips Circuit.

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit.

CACR01-583. Charity Taylor v. State of Arkansas, from Benton Circuit.

CACR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit.

CACR01-759. Kevin Terrance Arnold v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-843. Darren Ray Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-878. Donald W. Beason v. State of Arkansas, from Hot Spring Circuit.

CA01-183. Fay Avington v. Thomas Hammons, from Clark Chancery.

CA01-231. Columbus Robinson et al. v. Lillie Simpson et al., from Jackson Chancery.

CA01-429. Steven M. Rondeau v. Brenda L. Rondeau, from Union Chancery.

CA01-473. Audrey Wrightsell v. Lott Johnson, from Lonoke Chancery.

CA01-479. Wes Booth v. Suzanne P. Booth, from Union Chancery.

CA01-486. Manila Nursing Center et al. v. Carolyn J. Wilson, from Workers' Compensation Commission.

CA01-488. Kelly Smith, Administratrix v. St. Paul Fire & Marine Insurance Company, from Craighead Circuit, Western District.

CA01-569. Nathaniel Brown et ux. v. Fred Jones et al., from Faulkner Chancery.

CA01-622. Diana Willis v. Jon R. "Randy" Willis, from Grant Chancery.

CA01-637. Alcoa v. Sammy B. Robbecke, from Workers' Compensation Commission.

CA01-638. Alcoa v. Grady Rollon, from Workers' Compensation Commission.

CA01-639. Alcoa v. Carol L. Loy, from Workers' Compensation Commission.

CA01-640. Alcoa v. Revies L. Stacey, from Workers' Compensation Commission.

CA01-732. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division.

CA01-825. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Circuit, Third Division.