Aluminum Co. of Am. v. Rollon (Stroud, C.J.) CA01-638

Workers' compensation -- Commission's finding that appellant had failed to establish that appellee's claim for hearing aids was barred by statute of limitations; improper shifting of burden from employee to employer; appellant had burden to prove that his need for hearing aids resulted from hearing loss sustained during two years prior to date claim was filed; reversed. [HTML, WP5.1]

Coon v. State (Pittman, J.) CACR01-257

Evidence -- Aggravated robbery conviction supported by substantial evidence; admission of appellant's pretrial confession harmless error; appellant testified at trial & repeated every material aspect of pretrial statement. [HTML, WP5.1]

Gardner v. State (Robbins, J.) CACR01-843

Criminal law -- Criminal action commenced within applicable statutes of limitation; affirmed. [HTML, WP5.1]

Mays v. Alumnitec, Inc. (Baker, J.) CA01-591

Workers' compensation -- Failure to establish compensable injury supported by objective findings fatal to appellant's claim; denial of benefits affirmed. [HTML, WP5.1]

Miles v. State (Pittman, J.) CACR01-147

Criminal law -- Felony conviction based on accomplice testimony; corroborating evidence insufficient to connect appellant with crime; case reversed & dismissed. [HTML, WP5.1]

Rodgers v. State (Stroud, C.J.) CACR01-293

Courts -- Exercise of discretion; unnecessary comment did not negate discretion already exercised. [HTML, WP5.1]

Smith v. St. Paul Fire & Marine Ins. Co. (Bird, J.) CA01-488

Actions -- Wrongful-death action; claim bared where current parties were not parties to first suit; survival claim lapsed; savings statute inapplicable where heirs had nonsuited original complaint prior to effective date of nunc pro tunc order appointing appellant administratrix; dismissal based on statute of limitations proper; trial court did not err in granting summary judgment where no fraudulent concealment occurred. [HTML, WP5.1]

Taylor v. State (Roaf, J.) CACR01-583

Contempt -- appellant not lawfully summoned to jury duty; order of contempt reversed & dismissed. [HTML, WP5.1]

Aluminum Co. of Am. v. Robbecke, CA 01-637 (Stroud, C.J.), reversed December 19, 2001. [HTML, WP5.1]

Aluminum Co. of Am. v. Stacey, CA 01-640 (Hart, J.), reversed December 19, 2001. [HTML, WP5.1]

Arnold v. State, CA CR 01-759 (Crabtree, J.), affirmed in part; reversed and remanded in part December 19, 2001. [HTML, WP5.1]

Avington v. Hammons, CA 01-183 (Vaught, J.), affirmed December 19, 2001. [HTML, WP5.1]

Banks, Brooksher L. v. Capitol Chem. & Supply Co., CA 01-520 (Crabtree, J.), affirmed December 19, 2001. [HTML, WP5.1]

Banks, Willie v. State, CA CR 01-143 (Pittman, J.), affirmed December 19, 2001. [HTML, WP5.1]

Barnes v. State, CA CR 01-120 (Pittman, J.), affirmed December 19, 2001. [HTML, WP5.1]

Flewellyn v. State, CA CR 01-355 (Jennings, J.), affirmed December 19, 2001. [HTML, WP5.1]

Krout v. Byrum, CA 01-260 (Pittman, J.), reversed and remanded on cross-appeal; direct appeal dismissed as moot December 19, 2001. [HTML, WP5.1]

Manila Nursing Ctr. v. Wilson, CA 01-486 (Vaught, J.), affirmed December 19, 2001. [HTML, WP5.1]

McAdams, Bob J. v. Alcoholic Beverage Control Div., CA 01-825 (Hart, J.), affirmed December 19, 2001. [HTML, WP5.1]

McAdams, Bob J. v. Alcoholic Beverage Control Div., CA 01-732 (Neal, J), affirmed December 19, 2001. [HTML, WP5.1]

Myers v. State, CA CR 00-1334 (Baker, J.), affirmed December 19, 2001. [HTML, WP5.1]

Robinson v. Simpson, CA 01-231 (Crabtree, J.), affirmed December 19, 2001. [HTML, WP5.1]

Simpson v. State, CA CR 01-684 (Bird, J.), affirmed December 19, 2001. [HTML, WP5.1]

Singleton v. Nelson, CA 01-465 (Bird, J.), affirmed December 19, 2001. [HTML, WP5.1]

Stone v. State, CA CR 00-1104 (Pittman, J.), Petition for Rehearing denied; concurrence only December 19, 2001. [HTML, WP5.1]

Willis v. Willis, CA 01-622 (Robbins, J.), affirmed December 19, 2001. [HTML, WP5.1]

Wofford v. State, CA CR 01-399 (Jennings, J.), affirmed December 19, 2001. [HTML, WP5.1]

Wright v. State, CA CR 01-472 (Pittman, J.), affirmed December 19, 2001. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-293. Eddie Rodgers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Pittman, Jennings, and Vaught, JJ., agree. Hart and Neal, JJ., dissent. (3 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-637. Aluminum Company of America v. Sammy B. Robbecke, from Workers' Compensation Commission. Reversed. Hart and Neal, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CA01-638. Aluminum Company of America v. Grady B. Rollon, from Workers' Compensation Commission. Reversed. Hart and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-120. Gregory Andre Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Stroud, C.J., and Griffen, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-143. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Stroud, C.J., and Griffen, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-147. Daniel Miles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Dismissed. Stroud, C.J., and Griffen, J., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-257. Matthew Coon v. State of Arkansas, from Crawford Circuit. Affirmed. Jennings and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-472. Almer Willis Wright v. State of Arkansas, from Hot Spring Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-260. Leonard L. Krout v. Kathryn M. Byrum, from Pope Chancery. Reversed and Remanded on Cross-Appeal; Direct Appeal Dismissed as Moot. Stroud, C.J., and Griffen, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-640. Aluminum Company of America v. Revies L. Stacey, from Workers' Compensation Commission. Reversed. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-825. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-355. Ricky Flewellyn v. State of Arkansas, from Phillips Circuit. Affirmed. Pittman and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-399. Clifton Wofford v. State of Arkansas, from Perry Circuit. Affirmed. Bird and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-843. Darren Ray Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA01-622. Diana Willis v. Jon R. "Randy" Willis, from Grant Chancery. Affirmed. Griffen and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Affirmed. Crabtree and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-465. Tommy R. Singleton v. Herman Nelson and Betty Nelson, from Saline Chancery. Affirmed. Crabtree and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-488. Kelly Smith, as Administratrix of Lydia Shepard v. St. Paul Fire & Marine Insurance Company, from Craighead Circuit. Affirmed. Crabtree and Baker, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-732. Bob J. McAdams and The Checkmate Club, Inc. v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division. Affirmed. Stroud, C.J., and Hart, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA01-183. Faye Avington v. Thomas Hammons, from Clark Chancery. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-486. Manila Nursing Center and Management Services, Inc. v. Carolyn J. Wilson, from Workers' Compensation Commission. Affirmed. Pittman and Jennings, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-759. Kevin Terrance Arnold v. State of Arkansas, from Sebastian Circuit. Affirmed in Part; Reversed and Remanded in Part. Bird and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-231. Columbus Robinson and Ossie Robinson v. Lillie Simpson and Homer Simpson, Jr. from Jackson Chancery. Affirmed. Bird and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-520. Brooksher L. Banks v. Capitol Chemical and Supply Company, from Pulaski Circuit. Affirmed. Baker, J., agrees. Bird, J., concurs. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-591. Angel Mays v. Alumnitec, Inc., from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-583. Charity Taylor v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. Robbins and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

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

CACR00-1104. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Pittman, J., concurs. (3-PAGE CONCURRENCE ONLY UNPUBLISHED) [HTML, WP5.1]

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CACR00-1291. Anthony Arnez Nelson v. State of Arkansas, from Faulkner Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $1,000.00.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Caroline L. Winningham for attorney's fees is granted. Allowed $1,000.00.

CACR00-1334. Richard D. Myers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to dismiss charges is denied.

CACR00-1462. Bill S. Norman v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of DeeNita D. Moak for attorney's fees is granted. Allowed $1,000.00.

CACR00-1474. Jevon Cornell Jackson v. State of Arkansas, from Crittenden Circuit. Motion of Tammy L. Harris for attorney's fees is granted. Allowed $1,000.00.

CACR01-61. Wanda Williams v. State of Arkansas, from Franklin Circuit, Northern District. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,200.00.

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

CACR01-235. David A. Bramucci v. State of Arkansas, from Crittenden Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $1,000.00.

CACR01-415. Aaron A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Jeannie L. Denniston for attorney's fees is granted. Allowed $1,000.00.

CACR01-428. Rodney S. Porta v. State of Arkansas, from Crawford Circuit. Motion of DeeNita D. Moak for attorney's fees is granted. Allowed $1,000.00.

CACR01-759. Kevin Terrance Arnold v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR01-889. Gabriel Coker v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to direct compliance with Rule 4-2(a)(5) and 4-2(a)(7) is denied. Motion to stay briefing schedule for thirty days is granted.

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file substituted brief is granted.

CACR01-1300. Ronald Pachl v. State of Arkansas, from Faulkner Circuit. Appellant's motion to supplement the record is granted.

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 is granted.

CA01-576. Lola Felicia Cash et al. v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division. Appellants' motion for leave to augment and amend the record or to remand to the trial court is denied.

CA01-948. Vicki White, Executrix v. Gary Davis, from Searcy Chancery. Appellant's motion for additional brief time is granted. Baker, J., not participating.

CA01-957. Clint Gasaway v. South Bend Hunting Club, Inc. et al., from Lincoln Chancery. Appellant's motion for additional brief time is granted.

CA01-1000. Terry Hardage v. E-Z Mart Stores, Inc., from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief is denied. Appellant granted thirty days to file conforming brief.

CA01-1027. Clyde Lester Little, Jr. v. Donna Ruth Little, from Pope Chancery. Joint motion to allow rebriefing by appellant is granted. Appellant's brief due in thirty days. Appellee's brief due in sixty days.

CA01-1314. Nodena, Inc. et al. v. Arkansas Concrete Cutting & Coring, Inc., from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal is granted.

E01-266. Sherida Easterling v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

CACR00-250. Ronnie L. Laster v. State of Arkansas, from Izard Circuit.

CACR00-1042. LaJoyya Ashley Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-1418. Christina Michelle Carrington v. State of Arkansas, from Cleveland Circuit.

CACR00-1444. Hosea Lee Keys v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-1472. Frank Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-27. Larry Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-74. Jerry Williams v. State of Arkansas, from Garland Circuit.

CACR01-98. Donald C. Biles v. State of Arkansas, from Boone Circuit.

CACR01-306. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit.

CACR01-356. Kevin Blakely v. State of Arkansas, from Crawford Circuit.

CACR01-521. Mark Austin v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA01-250. Donovan Arras v. State of Arkansas, from Saline Chancery.

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

E01-204. Julia Mae Agnew v. Director et al.

E01-205. Carolyn S. Meyers v. Director et al.

E01-206. Becky S. Moore v. Director et al.

E01-207. Kerry Copeland v. Director et al.

E01-208. Scott Waldo v. Director et al.

E01-209. Twin City Transportation v. Director et al.

E01-211. Joyce A. Starks v. Director et al.

E01-212. Joseph L. Rodgers v. Director et al.

E01-213. David E. Channell v. Director et al.

E01-215. Diana L. Gadberry v. Director et al.

E01-216. Lafayette J. White v. Director et al.

E01-217. Phyllis J. Hales v. Director et al.