Jefferson v. State (Griffen, J.) CACR01-267

Criminal procedure -- Stopping & detention; impermissible where nothing about appellant's behavior prior to stop provided officer with reasonable suspicion; trial court erred in finding appellant was not detained until after he discarded pill bottle; reversed & remanded. [HTML, WP5.1]

Liberty Mut. Ins. Co. v. Chambers (Stroud, C.J.) CA01-424

Workers' compensation -- Medical services & supplies; Commission was clearly wrong in its interpretation of statutory requirement that employer promptly provide such apparatus as may be reasonably necessary. [HTML, WP5.1]

National Union Fire Ins. Co. v. Guardtronic, Inc. (Neal, J.) CA00-1464 

Contracts -- Exculpatory clauses; no evidence of fraud, duress, undue influence, lack of capacity, mutual mistake, or inequitable conduct sufficient to void contracts; appellant's reliance on company representative's misunderstanding of contract was not well taken; no proof that execution of contract was not voluntary; contractual provision not unconscionable; no error in trial judge's determination that company freely & voluntarily entered into contracts in question. [HTML, WP5.1]

Shepard v. Aluminum Co. of Am. (Hart, J.) CA01-646

Workers' compensation -- Estoppel argument properly preserved for consideration; Commission should have conducted de novo review & addressed estoppel theory presented to ALJ & Commission; case remanded. [HTML, WP5.1]

Smith v. Office of Child Support Enfcm't (Jennings, J.) CA01-328

Parent & child -- Appellant's claims unsuccessful; trial court's ruling of paternity affirmed; defenses raised by appellant invalid. [HTML, WP5.1]

Aluminum Co. of Am. v. Loy, CA 01-639 (Neal, J.), reversed January 9, 2002. [HTML, WP5.1]

Beason v. State, CA CR 01-878 (Griffen, J.), affirmed January 9, 2002. [HTML, WP5.1]

Brown v. Jones, CA 01-569 (Jennings, J.), affirmed January 9, 2002. [HTML, WP5.1]

Buckelew v. State, CA CR 99-1507 (Stroud, C.J.), affirmed January 9, 2002. [HTML, WP5.1]

Cannon v. State, CA CR 00-1192 (Hart, J.), rebriefing ordered January 9, 2002. [HTML, WP5.1]

Cash v. Southern Farm Bureau Cas. Ins. Co., CA 01-576 (Pittman, J.), affirmed January 9, 2002. [HTML, WP5.1]

Chism v. Aluminum Co. of Am., CA 01-655 (Neal, J.), remanded January 9, 2002. [HTML, WP5.1]

Davison v. State, CA CR 01-348 (Crabtree, J.), affirmed January 9, 2002. [HTML, WP5.1]

Fisher v. Pinecrest Mem'l Cemetery, CA 01-418 (Vaught, J.), affirmed January 9, 2002. [HTML, WP5.1]

Harris v. State, CA CR 01-796 (Baker, J.), reversed and dismissed January 9, 2002. [HTML, WP5.1]

Johnson v. Sentinel-Record, Inc., CA 01-702 (Bird, J.), affirmed January 9, 2002. [HTML, WP5.1]

McAdams v. Alcoholic Beverage Control Div., CA 01-691 (Stroud, C.J.), affirmed January 9, 2002. [HTML, WP5.1]

Morris v. Rush, CA 01-672 (Robbins, J.), affirmed January 9, 2002. [HTML, WP5.1] Released for publication March 20, 2002.

Richards v. State, CA CR 00-1456 (Robbins, J.), affirmed January 9, 2002. [HTML, WP5.1]

Sims v. State, CA CR 01-46 (Bird, J.), affirmed January 9, 2002. [HTML, WP5.1]

Stokes v. Delta Prod. Credit Ass'n, CA 01-587 (Crabtree, J.), affirmed January 9, 2002. [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered March 13, 2002.

Terry v. State, CA CR 01-300 (Vaught, J.), affirmed January 9, 2002. [HTML, WP5.1]

Tubbs v. State, CA CR 01-855 (Pittman, J.), affirmed January 9, 2002. [HTML, WP5.1]

Whitney v. State, CA CR 00-327 (Griffen, J.), affirmed January 9, 2002. [HTML, WP5.1]

Williams v. State, CA CR 00-429 (Jennings, J.), affirmed January 9, 2002. [HTML, WP5.1]

Balve v. Director of Labor, E 01-191, January 9, 2002.

Brown v. Director of Labor, E 01-190, January 9, 2002.

Collins v. Director of Labor, E 01-196, January 9, 2002.

Dilday v. Director of Labor, E 01-192, January 9, 2002.

Holt v. Director of Labor, E 01-193, January 9, 2002.

Johnson v. Director of Labor, E 01-199, January 9, 2002.

McGee v. Director of Labor, E 01-200, January 9, 2002.

Modisette v. Director of Labor, E 01-201, January 9, 2002.

Smith v. Director of Labor, E 01-198, January 9, 2002.

Van Poucke v. Director of Labor, E 01-194, January 9, 2002.

Wilson v. Director of Labor, E 01-197, January 9, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR99-1507. Edward Wayne Buckelew v. State of Arkansas, from Van Buren Circuit. Affirmed. Hart and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-424. Liberty Mutual Insurance Company and Film Transit v. Randall Chambers, from Workers' Compensation Commission. Affirmed on Direct-Appeal; Reversed on Cross-Appeal. Griffen, Neal, Vaught, and Crabtree, JJ., agree. Pittman, Hart, Jennings, and Bird, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-691. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Chancery, Second Division. Affirmed. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-855. William R. Tubbs v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Jennings and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-576. Lola Felicia Cash and Jason Reed Holt v. Southern Farm Bureau Casualty Insurance Company, from Pulaski Circuit, Third Division. Affirmed. Jennings and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Stroud, C.J., and Neal, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-646. Kenneth D. Shepard v. Aluminum Company of America, from Workers' Compensation Commission. Remanded. Stroud, C.J., and Neal, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR00-429. Benjamin Williams, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-328. Shaun Smith v. Office of Child Support Enforcement, from Lawrence Chancery. Affirmed. Pittman and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA01-569. Nathaniel Brown and Vanteen Brown v. Fred Jones et al., from Faulkner Chancery. Affirmed. Pittman and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR00-1456. James Al Richards, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Griffen and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-672. Ron Morris and Kandi Morris v. Ben Rush, Jo Anne Rush, and Lyman Lumber Company, from Pulaski Circuit, Fifth Division. Affirmed. Griffen and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1] Released for publication March 20, 2002.

SAM BIRD, JUDGE:

CACR01-46. Jerome Sims v. State of Arkansas, from Crittenden Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-702. Ronnie Johnson v. Sentinel-Record, Inc., a Subsidiary of Wehco Media, Inc. and Floyd Emerson, from Garland Circuit. Affirmed. Crabtree and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR00-327. Arliss Whitney v. State of Arkansas, from Crittenden Circuit. Affirmed. Robbins and Roaf, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-267. Samuel James Jefferson v. State of Arkansas, from Pulaski Circuit, First Division. Reversed and Remanded. Stroud, C.J., agrees. Pittman, J., concurs. (12 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CACR01-878. Donald W. Beason v. State of Arkansas, from Hot Spring Circuit. Affirmed. Robbins and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA00-1464. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Guardtronic, Inc. and National Guardian Security Services Corporation, from Sebastian Circuit. Affirmed. Hart, Robbins, and Vaught, JJ., agree. Crabtree and Baker, JJ., dissent. (10 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-639. Aluminum Company of America v. Carol L. Loy, from Workers' Compensation Commission. Reversed. Stroud, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-655. Joseph D. Chism v. Aluminum Company of America, from Workers' Compensation Commission. Remanded. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-300. Cedric Lamar Terry v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Pittman and Jennings, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-418. Pamela J. Fisher, Administrator v. Pinecrest Memorial Cemetery et al., from Perry Chancery. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-348. Alexander Davison v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-587. George M. Stokes v. Delta Production Credit Association, from Chicot Circuit. Affirmed. Bird and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered March 13, 2002.  (3 PAGES UNPUBLISHED)

KAREN R. BAKER, JUDGE:

CACR01-796. Derrick Harris v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Bird and Crabtree, JJ., agree. (4 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).

E01-190. George Brown, III v. Director et al.

E01-191. Sandra Balve v. Director et al.

E01-192. Donna Dilday v. Director et al.

E01-193. A. J. Holt v. Director et al.

E01-194. Nichole M. Van Poucke v. Director et al.

E01-196. Nancy R. Collins v. Director et al.

E01-197. Catherine Wilson v. Director et al.

E01-198. Kathy L. Smith v. Director et al.

E01-199. Vera M. Johnson v. Director et al.

E01-200. Walter R. McGee, III v. Director et al.

E01-201. Gary Modisette v. Director et al.

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

CACR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit.

CACR00-779. Julian Robert Proctor v. State of Arkansas, from Faulkner Circuit. Stroud, C.J., and Robbins, J., would grant.

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

CACR00-1350. Scott Howe v. State of Arkansas, from Clay Circuit, Western District. Griffen, J., would grant.

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

CACR01-431. Carl Rudd v. State of Arkansas, from Crawford Circuit.

CA00-1074. Robert D. Brandon and Carl L. Brooks v. Arkansas Western Gas Company, from Public Service Commission.

CA01-45. Lisa Cassidy v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division.

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

CA01-228. Paul Dwain Cromwell v. University of Arkansas, from Workers' Compensation Commission.

CA01-319. Joe Terrell and Archie Terrell v. Balboa Insurance et al., from Monroe Circuit.

CA01-522. Twyla Bryant v. Staffmark, 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 to file reply brief is denied.

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of S. Lance Cox for attorney's fees is denied.

CACR01-171. Billy Hassell v. State of Arkansas, from Saline Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $1,200.00.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Motion of Don G. Gillaspie to be relieved as counsel for appellant is denied. Appellant's brief due in thirty days. Bird, Griffen, and Crabtree, JJ., would grant.

CACR01-355. Ricky Flewellyn v. State of Arkansas, from Phillips Circuit. Motion of John W. Yeargan, Jr., for attorney's fees is granted. Allowed $500.00.

CACR01-431. Carl Rudd v. State of Arkansas, from Crawford Circuit. Motion of Shane Roughley for attorney's fees is granted. Allowed $1,000.00.

CACR01-446. Jeffrey Michael King v. State of Arkansas, from White Circuit. Appellant's motion to supplement abstract is granted.

CACR01-474. Jerry Martin a/k/a Jerry McCoy v. State of Arkansas, from Bradley Circuit. Motion of J. Blake Hendrix for attorney's fees is granted. Allowed $1,000.00.

CACR01-641. Gregory Thompson v. State of Arkansas, from Garland Circuit. Motion of Shane Roughley for attorney's fees is granted. Allowed $1,200.00.

CACR01-680. Jose F. Wilkerson v. State of Arkansas, from Crittenden Circuit. Motion of John W. Yeargan, Jr., for attorney's fees is granted. Allowed $500.00.

CACR01-855. William R. Tubbs v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $900.00.

CACR01-944. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Appellant's motion to proceed under new abstracting rules is denied. Appellant's substituted brief due in seven days.

CACR01-944. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Appellant's motion to supplement the record is granted.

CA01-412. Dayne Bell (Deceased) et al. v. Tri-Lakes Services et al., from Workers' Compensation Commission. Appellants' motion for attorney's fees is granted. Costs to be assessed on mandate.

CA01-510. Wayne Curtis Poore v. Diann Poore, from Yell Chancery, Northern District. Appellee's motion for attorney's fees is denied.

CA01-768. The Coca-Cola Bottling Company of Memphis, Tennessee v. Fred Gill et ux., from Dallas Circuit. Appellees' motion to withdraw motion for enlarged brief is granted.

CA01-857. Robert Rushing v. El Dorado Civil Service Commission, from Union Circuit. Appellant's motion for additional brief time is granted.

CA01-861. Robert White v. Jim Perry et al., from Sebastian Circuit, Greenwood District. Appellant's motion for additional brief time is granted. Brief to be filed within thirty days. Jennings, Vaught, and Crabtree, JJ., would deny.

CA01-975. Christy Honeycutt v. Donald Wilbur Fanning, from Sharp Circuit. Appellee's motion for substitution of counsel is granted.

CA01-1005. Jamie Martinez et al. v. George T. Bowes, from Hempstead Circuit. Appellants' motion to file belated brief is granted.

CA01-1017. Susanne Williams v. John Williams, from Mississippi Chancery, Chickasawba District. Appellee's motion to relinquish cross-appeal is granted.

CA01-1084. Gregg Jackson v. Advantage Services, from Pulaski Circuit, Third Division. Appellant's pro se motion to file belated brief and for brief time is granted.

CA01-1112. Superior Surgical Manufacturing v. Mary Pride, from Workers' Compensation Commission. Motion of Bud Roberts to withdraw as counsel for appellant is granted.

CA01-1183. Jag Consulting, Inc. f/k/a Glad Industries, Inc. v. Gerald Eubanks, from Ashley Circuit. Appellant's motion to file enlarged brief is granted. Pittman and Roaf, JJ., would deny.

CA01-1286. Ford Motor Company et al. v. The Reverend Milton Harper et al., from Pulaski Circuit, Third Division. Appellants' motion for extension of time to respond to motion to dismiss appeal is granted. Response due January 14, 2002.

CA01-1370. Becky Coburn Price Seagrave v. Jeffrey Price, from Craighead Circuit, Western District. Appellant's motion to supplement the record is remanded to the trial court to settle the record.

E01-149. Dorothy A. Peevy v. Director et al., from Board of Review. Appellees' motion to file belated brief is granted.

E01-268. Paula D. Davis v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied. Bird and Neal, JJ., would grant.

PETITIONS FOR REHEARING:

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

CA01-111. Robert Murphy et al. v. David M. Dumas et ux., from Union Chancery.

CA01-685. Thomas L. Ford v. Dependable Air et al., from Workers' Compensation Commission.

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

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

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CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to continue stay of appeal and for leave of court to petition for writ of error coram nobis.

CACR01-221. Fredrick Wilson v. State of Arkansas, from Bradley Circuit. Motion of Janea Spades for attorney's fees.

CACR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Motion of Kent McLemore for attorney's fees.

CACR01-874. Raymond Lynn Agent v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time.

CACR01-926. Alejandro Gardea v. State of Arkansas, from Pope Circuit. Appellant's motion to supplement the record.

CACR01-1417. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Appellant's motion to supplement record.

CA01-354. Clovis McHalffey d/b/a McHalffey Farms v. Nationwide Mutual Fire Insurance Company, from Poinsett Circuit. Appellant's motion for attorney's fees and costs.

CA01-372. Robert Morgan Lawson v. Marsha Kay Lawson Madar, from Arkansas Chancery, Northern District. Appellant's motion to file belated motion for reconsideration.

CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion for belated brief and for brief time.

CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellant's motions to strike and for sanctions.

CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion to require service of process on appellee.

CA01-947. James Virgil Parks v. State of Arkansas, from Little River Chancery. Appellant's motion to correct record and stay brief time.

CA01-1034. Kristy Tew v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion for additional brief time.

E01-257. Bobby R. Simmons v. Director et al., from Board of Review. Appellant's pro se motion for reconsideration.

E01-292. James H. McClurge v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E01-295. Linda Henderson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CACR00-983. Carl Cook and Sandra Burris v. State of Arkansas, from Pope Circuit. Argued orally.

CACR00-39. Shawn Starks v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR00-643. Michael Lamont Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit.

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit.

CACR00-1466. James Dean Odom v. State of Arkansas, from Saline Circuit.

CACR01-29. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-502. Dennis Davis v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CA00-776. Soterra, L.L.C. v. Stephen Albert et al., from Pulaski Chancery, Third Division.

CA01-533. American Investors Life Insurance Company v. Dianne Roxanne Butler, from Crittenden Circuit.

CA01-562. Allstate Insurance Company v. Billy Wayne Voyles, from Cross Circuit.

CA01-585. Wayne McFarland et al. v. Bennie Taylor, from Union Chancery.

CA01-626. Martha Treadway et al. v. Lawrence Bollen et al., from Hot Spring Chancery.

CA01-706. Linda Speck v. Wal-Mart Associates, Inc. et al., from Workers' Compensation Commission.

CA01-714. Ernest Hendrickson v. Office of Child Support Enforcement, from Benton Chancery.

CA01-739. Poinsett County Sheriff's Office v. Edward O'Brien, from Workers' Compensation Commission.

CA01-763. Ronnie Moore v. Midwest Distribution, Inc., from Crawford Circuit.

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

E01-99. YWCA v. Director et al.

E01-173. Faison McNeal v. Director et al.

E01-178. Susan Huffstickler v. Director et al.

E01-180. Jack Tanner v. Director et al.

E01-181. Gary J. Messick v. Director et al.

E01-182. Gary D. Campbell v. Director et al.

E01-183. Shannon W. Flynn v. Director et al.

E01-184. Marcus P. Johns v. Director et al.

E01-185. Wesley S. Morris v. Director et al.

E01-186. James E. Glascow v. Director et al.

E01-187. Raymond Ryan v. Director et al.

E01-188. Jac N. Johnson v. Director et al.

E01-189. Christina A. Barron v. Director et al.