Cook v. State (Vaught, J.) CACR00-983

Criminal law -- Conviction supported by substantial evidence; motion for directed verdict properly denied; evidence objected to by appellant was ancillary to State's case; no prejudice resulted form admission; appellant's ineffective-assistance-of-counsel argument inappropriate for application of "serious error" exception; point affirmed; appellant failed to meet burden of showing that conviction had been pardoned; conviction was properly admitted. [HTML, WP5.1]

Curtis v. State (Roaf, J.) CACR01-564

Evidence -- Circumstantial evidence substantial enough to support trial court's finding that appellant's gun was firearm; conviction for simultaneous possession of drugs & firearm affirmed. [HTML, WP5.1]

Givens v. State (Hart, J.) CACR01-104

Search & seizure -- Patdown search; trial court did not err in refusing to suppress crack pipe where incriminating nature of object was immediately apparent to officer; continued search of appellant's person after seizure of crack pipe & subsequent seizure of cocaine was lawful; trial court did not err in denying appellant's motion to suppress. [HTML, WP5.1]

Cooper v. Director, E 01-108 (Griffen, J.), affirmed February 20, 2002. [HTML, WP5.1]

Europe v. State, CA CR 01-683 (Pittman, J.), affirmed February 20, 2002. [HTML, WP5.1]

Feed Store Café v. Baker, CA 01-757 (Griffen, J.), affirmed February 20, 2002. [HTML, WP5.1]

Goodman v. Maness, CA 01-556 (Jennings, J.), reversed and remanded February 20, 2002. [HTML, WP5.1]

Handy v. State, CA CR 01-701 (Hart, J.), affirmed February 20, 2002. [HTML, WP5.1]

Harden v. State, CA CR 00-1191 (Neal, J.), affirmed February 20, 2002. [HTML, WP5.1]

Hill v. Central Ark. Equip. & Supply, Inc., CA 01-834 (Baker, J.), affirmed February 20, 2002. [HTML, WP5.1]

Howard v. St. Edward Mercy Med. Ctr., CA 01-798 (Robbins, J.), affirmed February 20, 2002. [HTML, WP5.1]

Hunter v. State, CA CR 01-541 (Jennings, J.), affirmed February 20, 2002. [HTML, WP5.1]

King v. State, CA CR 01-327 (Crabtree, J.), affirmed February 20, 2002. [HTML, WP5.1]

Konecny v. State, CA CR 01-901 (Bird, J.), affirmed February 20, 2002. [HTML, WP5.1]

Lamb v. State, CA CR 01-738 (Baker, J.), affirmed February 20, 2002. [HTML, WP5.1]

McNair v. Johnson, CA 01-496 (Vaught, J.), affirmed February 20, 2002. [HTML, WP5.1]

Nelson v. State, CA CR 01-709 (Griffen, J.), affirmed in part and reversed and dismissed in part February 20, 2002. [HTML, WP5.1]

Osburn v. Department of Parks & Tourism, CA 01-882 (Griffen, J.), affirmed February 20, 2002. [HTML, WP5.1]

Sherman Waterproofing, Inc. v. Darragh Co., CA 01-883 (Stroud, C.J.), dismissed February 20, 2002. [HTML, WP5.1]

Stevens v. Wilmoth, CA 01-519 (Pittman, J.), affirmed as modified February 20, 2002. [HTML, WP5.1]

Trans State Lines v. Lanning, CA 01-376 (Neal, J.), affirmed February 20, 2002. [HTML, WP5.1]

Treadway v. Bollen, CA 01-626 (Griffen, J.), affirmed February 20, 2002. [HTML, WP5.1]

Adams v. Director of Labor, E 01-243, February 20, 2002.

Allison v. Director of Labor, E 01-233, February 20, 2002.

Ball v. Director of Labor, E 01-234, February 20, 2002.

Hickman v. Director of Labor, E 01-235, February 20, 2002.

Johnson v. Director of Labor, E 01-237, February 20, 2002.

Madison v. Director of Labor, E 01-241, February 20, 2002.

Nelson v. Director of Labor, E 01-244, February 20, 2002.

Null v. Director of Labor, E 01-240, February 20, 2002.

Poor v. Director of Labor, E 01-236, February 20, 2002.

Rollins v. Director of Labor, E 01-35, February 20, 2002.

Spangler v. Director of Labor, E 01-242, February 20, 2002.

Vass v. Director of Labor, E 01-245, February 20, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-883. Sherman Waterproofing, Inc. and William H. Sherman v. Darragh Company, from Pulaski Circuit. Dismissed. Pittman and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-683. Jimmy Europe, Jr. v. State of Arkansas, from Howard Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-519. Patricia Stevens, Best Care Health Services, Best Care Hospice of Arkansas, and Best Care Hospice Services v. Robert Levi Wilmoth, Jr., from Miller Chancery. Affirmed as Modified. Bird and Roaf, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-104. Jimmy Givens v. State of Arkansas, from Mississippi Circuit. Affirmed. Stroud, C.J., Jennings, Vaught, and Crabtree, JJ., agree. Griffen, J., dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR01-701. Larry Handy v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-541. Michael John Hunter and James Kavin Callahan v. State of Arkansas, from Crawford Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-556. Robert Goodman and Patty Goodman v. Ellis Maness and Debbie Maness, from Lafayette Chancery. Reversed and Remanded. Hart and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-798. Edna Lou Howard, as Administratrix of the Estate of Norman L. Howard, Deceased v. St. Edward Mercy Medical Center and Dr. Bruce Crabtree, Jointly and Severally, from Sebastian Circuit, Fort Smith District. Affirmed. Pittman and Neal, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-901. Louis Keith Konecny v. State of Arkansas, from Arkansas Circuit. Affirmed. Griffen and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-709. Richard Louis Nelson v. State of Arkansas, from Hempstead Circuit. Affirmed in Part and Reversed and Dismissed in Part. Hart and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-626. Martha Treadway et al. v. Lawrence Bollen et al., from Hot Spring Chancery. Affirmed. Hart and Vaught, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-757. Feed Store Café v. Diane Baker, from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-882. Troy Osburn v. Department of Parks & Tourism, Public Employee Claims Division, from Workers' Compensation Commission. Affirmed. Bird and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-108. George F. Cooper v. Director, Employment Security Department and Colson Caster Corporation, from Board of Review. Affirmed. Hart and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1191. Christopher B. Harden v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Jennings, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-376. Trans State Lines and Arkansas Gallagher Bassett v. David Lanning, from Workers' Compensation Commission. Affirmed. Hart and Jennings, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR00-983. Carl Cook and Sandra Burris v. State of Arkansas, from Pope Circuit. Affirmed. Hart, J., agrees. Griffen, J., concurs. (8 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA01-496. Rodney McNair v. Melinda A. McNair Johnson, from White Chancery. Affirmed. Stroud, C.J., and Pittman, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-327. Doug Ray King v. State of Arkansas, from Arkansas Circuit. Affirmed. Robbins and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-738. Edward D. Lamb v. State of Arkansas, from Chicot Circuit. Affirmed. Robbins and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-834. Frank Hill v. Central Arkansas Equipment & Supply, Inc., Central Arkansas Maintenance, Inc., and Deere & Company, from Pulaski Circuit. Affirmed. Robbins and Neal, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-564. Demetrius Curtis v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [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).

E01-35. Kendra Rollins v. Director et al.

E01-233. Michael P. Allison v. Director et al.

E01-234. Frank Ball v. Director et al.

E01-235. Lois Hickman v. Director et al.

E01-236. James J. Poor v. Director et al.

E01-237. Les B. Johnson v. Director et al.

E01-240. Richard A. Null v. Director et al.

E01-241. Angelia L. Madison v. Director et al.

E01-242. Trent Spangler v. Director et al.

E01-243. Freddie R. Adams v. Director et al.

E01-244. Eric D. Nelson v. Director et al.

E01-245. Ronald L. Vass v. Director et al.

CACR01-738. Edward D. Lamb v. State of Arkansas, from Chicot Circuit. Motion of Joseph P. Mazzanti, III, for attorney's fees is granted. Allowed $1,000.00.

CACR01-900. Edward Mayberry v. State of Arkansas, from Hot Spring Circuit. Appellant's motion to file brief under new rules is denied. Appellant granted seven days to file conforming brief.

CACR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit. Appellant's motion to stay briefing schedule is granted. Briefing schedule to be issued upon completion of the record. Neal, J., not participating.

CACR02-9. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Motion of Dan McGill to withdraw as counsel for appellant and to substitute Blake Spears as counsel is granted. Brief filed this date.

CACR02-79. Bruce Kirwan v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Deborah Sallings to be relieved as counsel for appellant and for appointment of new counsel is granted. David L. Dunagin is appointed to represent the appellant. Brief due April 1, 2002.

CA01-519. Patricia Stevens et al. v. Robert Levi Wilmoth, Jr., from Miller Chancery. Appellee's motion for attorney's fees is granted. Allowed $2,250.00.

CA01-533. American Investors Life Insurance Company et al. v. Dianne Roxanne Butler, from Crittenden Circuit. Appellee's motion for attorney's fees is granted in the amount of $3,222.00. See Ark. Code Ann. Section 23-79-208 and Newcourt Financial, Inc. v. Canal Insurance Company, 341 Ark. 452, 17 S.W.3d 83 (2000).

CA01-1082. Brandy Stephens et al. v. Robert A. Petrino, M.D. et al., from Benton Circuit. Appellants' motion to supplement the record is granted. Record deemed supplemented.

CA01-1321. D. Patrick Henry v. Wilson and Associates, P.L.L.C., from Pulaski Circuit, Fifteenth Division. Appellant's motion for reconsideration of dismissal of appeal is denied. Neal, J., not participating.

CA02-114. Victoria Shelley et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellants' motion to proceed in forma pauperis is granted.

CACR01-274. Jerry Acrey v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dismiss appeal.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Motion of Don G. Gillaspie to be relieved as counsel for appellant and for appointment of new counsel.

CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit. Appellant's motion for clarification and to stay briefing schedule.

CACR01-740. Donald Eugene McGee v. State of Arkansas, from Faulkner Circuit. Motion of David L. Dunagin for attorney's fees.

CACR01-875. Paul A. Arsola v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR01-903. Martha Owen v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

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

CA01-479. Wes Booth v. Suzanne P. Booth, from Union Chancery. Appellee's motion for attorney's fees.

CA01-763. Ronnie Moore v. Midwest Distribution, Inc., from Crawford Circuit. Appellant's motion for attorney's fees.

CA02-15. Ed Square v. Catherine Square, from Clark Circuit. Appellant's motion to dismiss appeal without prejudice.

E02-39. Arthur H. Fagin v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E02-41. Mark F. Gaines v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA01-687. J & V Restaurant Supply & Refrigeration, Inc. v. Supreme Fixtures Company, Inc., from Pulaski Circuit, Fifth Division. Argued orally.

CACR01-740. Donald Eugene McGee v. State of Arkansas, from Faulkner Circuit.

CACR01-846. Gregory Lamb v. State of Arkansas, from Carroll Circuit, Western District.

CACR01-875. Paul A. Arsola v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR01-921. Wilford Chambers v. State of Arkansas, from Pope Circuit.

CACR01-958. Willie Golden v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1033. Ricco Greer v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1066. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit.

CA01-526. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division.

CA01-550. Shara Suzannah Vincent v. Tom Allen, from Independence Chancery.

CA01-581. Angela Renee Hickman v. Wayne Culberson, from Miller Chancery.

CA01-711. Smith Auto Salvage Company v. City of Pine Bluff, Arkansas, from Jefferson Chancery.

CA01-865. Darlene Ireland v. Hector Eugene Levesque et al., from Garland Circuit.

CA01-936. Phillip Bogy v. Darrell Bryant, from Arkansas Chancery, Northern District.

CA01-971. Brown School Rehabilitation Center v. Arkansas Department of Human Services, from Pulaski Circuit, Seventh Division.

CA01-979. Melinda DeGregory v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

CA01-982. Sheree Hollandsworth v. Keith Knyzewski, from Baxter Chancery.

CA01-1006. Wal-Mart Stores, Inc. et al. v. Theretha Holmes, from Workers' Compensation Commission.