Opinions delivered
January 16, 2002
Laster v. State (Robbins, J.) CACR00-250
Criminal law -- Offense of furnishing prohibited article requires that article be brought from outside; appellant was within correctional facility at all times; appellant guilty of lesser-included offense; case affirmed as modified and remanded for resentencing. [HTML, WP5.1]
Willoughby v. State (Roaf, J.) CACR01-806
Search & seizure -- Truck legally stopped for inspection & dog close at hand; officer did not need further justification for canine sniff of truck; inspection station located on busy interstate; search warrant was not required in order to search interior of vehicle; contraband seized from truck would have been inevitably discovered during officer's completion of safety inspection; trial court properly denied appellant's motion to suppress evidence seized from truck. [HTML, WP5.1]
Austin v. State, CA CR 01-521 (Jennings, J.), affirmed January 16, 2002. [HTML, WP5.1]
Baier v. Employment Sec. Dep't, E 01-48 (Griffen, J.), reversed and remanded January 16, 2002. [HTML, WP5.1]
Barnes v. State, CA CR 00-1472 (Neal, J.), remanded to supplement transcript and to file substitute brief January 16, 2002. [HTML, WP5.1]
Biles v. State, CA CR 01-98 (Baker, J.), affirmed January 16, 2002. [HTML, WP5.1]
Blakely v. State, CA CR 01-356 (Hart, J.), affirmed January 16, 2002. [HTML, WP5.1]
Buckner v. Lewis, CA 01-441 (Roaf, J.), affirmed January 16, 2002. [HTML, WP5.1]
Carrington v. State, CA CR 00-1418 (Griffen, J.), affirmed January 16, 2002. [HTML, WP5.1]
Howard v. State, CA CR 01-27 (Vaught, J.), affirmed January 16, 2002. [HTML, WP5.1]
Keys v. State, CA CR 00-1444 (Stroud, C.J.), affirmed January 16, 2002. [HTML, WP5.1]
Rondeau v. Rondeau, CA 01-429 (Baker, J.), affirmed January 16, 2002. [HTML, WP5.1]
Thomas v. State, CA CR 00-1042 (Bird, J.), affirmed January 16, 2002. [HTML, WP5.1]
Trotter v. State, CA CR 01-306 (Pittman, J.), rebriefing ordered January 16, 2002. [HTML, WP5.1]
Williams v. State, CA CR 01-74 (Crabtree, J.), affirmed January 16, 2002. [HTML, WP5.1]
Agnew v. Director of Labor, E 01-204, January 16, 2002.
Bundick-Anderson v. Director of Labor, E 01-202, January 16, 2002.
Channell v. Director of Labor, E 01-213, January 16, 2002.
Copeland v. Director of Labor, E 01-207, January 16, 2002.
Gadberry v. Director of Labor, E 01-215, January 16, 2002.
Hales v. Director of Labor, E 01-217, January 16, 2002.
Meyers v. Director of Labor, E 01-205, January 16, 2002.
Moore v. Director of Labor, E 01-206, January 16, 2002.
Rodgers v. Director of Labor, E 01-212, January 16, 2002.
Starks v. Director of Labor, E 01-211, January 16, 2002.
Twin City Transp. v. Director of Labor, E 01-209, January 16, 2002.
Waldo v. Director of Labor, E 01-208, January 16, 2002.
White v. Director of Labor, E 01-216, January 16, 2002.
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR00-1444. Hosea Lee Keys v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hart and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR01-306. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit. Rebriefing Ordered. Jennings and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR01-356. Kevin Blakely v. State of Arkansas, from Crawford Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CACR01-521. Mark Austin v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR00-250. Ronnie L. Laster v. State of Arkansas, from Izard Circuit. Affirmed as Modified and Remanded for Resentencing. Griffen and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR00-1042. Lajoyya Ashley Thomas v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR00-1418. Christina Michelle Carrington v. State of Arkansas, from Cleveland Circuit. Affirmed. Robbins and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
E01-48. Tonya D. Baier v. Employment Security Department and Charles G. Johnson, from Board of Review. Reversed and Remanded. Robbins and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR00-1472. Frank Barnes v. State of Arkansas, from Pulaski Circuit. Remanded to Supplement the Transcript and to File Substitute Brief. Stroud, C.J., and Hart, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR01-27. Larry Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR01-74. Jerry Williams v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR01-98. Donald Biles v. State of Arkansas, from Boone Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA01-429. Steven M. Rondeau v. Brenda L. Rondeau, from Union Chancery. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR01-806. John Lynn Willoughby v. State of Arkansas, from Crawford Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA01-441. Ronnie and Sharon Buckner v. Eloise Lewis, from Faulkner Circuit. Affirmed. Robbins and Griffin, JJ., agree. (8 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).
E01-202. Heather G. Bundick-Anderson v. Director et al.
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.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR01-262. Steven Sanders v. State of Arkansas, from Newton Circuit. Griffen, J., would grant.
CA01-111. Robert Murphy et al. v. David M. Dumas et ux., from Union Chancery.
CA01-272. Harper Development, Inc. and Bobby Henley v. Jack Albert et al., from Saline Chancery.
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 is denied.
CACR01-221. Fredrick Wilson v. State of Arkansas, from Bradley Circuit. Motion of Janea Spades for attorney's fees is granted. Allowed $900.00.
CACR01-356. Kevin Blakely v. State of Arkansas, from Crawford Circuit. Motion of James E. Hensley, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR01-874. Raymond Lynn Agent v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time is granted. Pittman, Jennings, Griffen, and Vaught, JJ., would make this final extension.
CACR01-926. Alejandro Gardea v. State of Arkansas, from Pope Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented.
CACR01-1417. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Appellant's motion to supplement record is remanded to the trial court to settle the record within thirty days. Appellant's brief due March 15, 2002.
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 is granted.
CA01-362. Washington Regional Medical Center et al. v. Janice Smith, from Workers' Compensation Commission. Appellee's motion to recall mandate is granted. New mandate issued; costs stricken.
CA01-372. Robert Morgan Lawson v. Marsha Kay Lawson Madar, from Arkansas Chancery, Northern District. Appellant's motion to file belated motion for reconsideration is denied.
CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion for belated brief and for brief time is granted. Brief due in thirty days.
CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion to require service of process on appellee is granted.
CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellant's motions to strike and for sanctions is denied.
CA01-947. James Virgil Parks v. State of Arkansas, from Little River Chancery. Appellant's motion to correct record and stay brief time is remanded to the trial court to settle the record within thirty days. Brief due March 15, 2002.
CA01-1034. Kristy Tew v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion for additional brief time is granted.
CA01-1189. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellant's motion to consolidate CA01-1192 with this appeal is denied. Brief due in thirty days.
CA01-1321. D. Patrick Henry v. Wilson and Associates, P.L.L.C. et al., from Pulaski Circuit, Fifteenth Division. Appellees' motion to dismiss appeal is granted. Neal, J., not participating.
E01-257. Bobby R. Simmons v. Director et al., from Board of Review. Appellant's pro se motion for reconsideration is denied.
E01-292. James H. McClurge v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.
E01-295. Linda Henderson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.
PETITIONS FOR REHEARING:
CA00-1459. City of Marion and Meredith Hardin v. Guaranty Loan and Real Estate Company et al., from Crittenden Circuit.
CA01-520. Brooksher L. Banks et al. v. Capitol Chemical and Supply Company, from Pulaski Circuit, Fifth Division.
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CACR01-46. Jerome Sims v. State of Arkansas, from Crittenden Circuit. Motion of Steven R. Davis for attorney's fees.
CACR01-341. Greg Lamont Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Danny R. Williams to be relieved as counsel for appellant.
CACR01-408. Danny Gipson v. State of Arkansas, from Crawford Circuit. Motion of Gregg A. Knutson for attorney's fees.
CACR01-564. Demetrius Antonio Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for production of documents.
CACR01-564. Demetrius Antonio Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to correct record.
CACR01-922. Darrell J. Tillery v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for transcript and for extension of time to file points for reversal.
CACR01-980. Dusty Guinn v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal.
CACR01-983. James White v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CACR01-1095. Lloyd C. Jones v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion to provide counsel with sealed materials.
CACR01-1204. Gerald Tony Olles v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time.
CACR01-1205. Seyoum Ali Clark v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion to relieve counsel and for appointment of new counsel.
CA01-970. Stanley Wood Chevrolet-Pontiac, Inc v. Progressive Casualty Insurance Company, from Independence Circuit. Appellant's motion for additional brief time.
CA01-1068. Smith-Blair, Inc. et al. v. Cal L. Jones, from Workers' Compensation Commission. Appellee's motion to file belated brief.
CA01-1333. American Standard et al. v. Eddie Post, from Workers' Compensation Commission. Appellants' motion to supplement the record.
CA01-1386. David L. Harshfield, M.D. v. James Spencer et ux., from Pulaski Circuit, Sixteenth Division. Appellees' motion for leave for trial court to grant new trial.
E01-279. Randall Gabbard v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.
E02-8. Charles H. Johnson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.
CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CACR01-503. Lee Roy Davis v. State of Arkansas, from Union Circuit.
CACR01-628. Doyle Green, Sr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR01-842. Barbara Slater v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR01-864. Willie Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
CA00-1262. Pierce Addition Homeowners Association, Inc. v. City of Vilonia Planning Commission et al., from Faulkner Circuit.
CA01-219. Roberta Dismuke Cooper et al. v. Charles Johnson et al., from Ouachita Chancery.
CA01-617. John B. Thurman v. Marie Baker, Attorney in Fact, from Pulaski Circuit, Third Division.
CA01-642. James W. Boyette et al. v. Carl Joseph Vogelpohl, from Pulaski Chancery, Second Division.
CA01-710. Gary Van DeVeer v. George's Flowers, Inc., from Benton Circuit.
CA01-727. K II Construction Company et al. v. Harold L. Crabtree, from Workers' Compensation Commission.
CA01-730. St. Edward Mercy Medical Center et al. v. Myrtle Nemeth, from Workers' Compensation Commission.
CA01-771. Donna Little v. St. Paul Mercury Insurance Company, from Garland Circuit.
CA01-812. Electric Cowboy, Inc. v. Melissa Carol Thetford, from Workers' Compensation Commission.
CA01-868. Pro Clean Janitorial Service et al. v. A.J. Hinkle, from Workers' Compensation Commission.
E01-4. Yvonne M. Taylor v. Director et al., from Board of Review.
E01-81. James Tillman, Jr. v. Director et al., from Board of Review.