Boxley v. Boxley (Stroud, J.) CA01-1141

Divorce -- Allocation of debt based on relative ability to pay not clearly erroneous; judge had no authority to determine obligation to third party who is not party to divorce; decree properly addressed only documented loan that placed lien on parties' home. [HTML, WP5.1]

Bratton v. State (Jennings, J.) CACR01-765

Search & seizure -- Officer had legitimate reason to impound vehicle & inventory its contents pursuant to established procedure; officer's interest in investigating accident did not render his inventory "unreasonable search" under Fourth Amendment. [HTML, WP5.1]

Greer v. State (Jennings, J.) CACR01-1033

Criminal law -- Intent to deprive owner of property; judgment not supported by substantial evidence; sufficient evidence to sustain conviction for lesser included offense; conviction reduced to unauthorized use of motor vehicle. [HTML, WP5.1]

Hartwick v. Hill (Bird, J.) CA01-891

Judgment -- Collateral & ministerial orders; appeal from later order ineffective to bring up actions memorialized in earlier order; denial of pre-submission motion & granting of motion following submission; appeal dismissed. [HTML, WP5.1]

Holt Bonding Co., Inc. v. State (Vaught, J.) CA01-928

Statutes -- Service requirements; matter reversed where State failed to notify appellant of earlier failure to appear. [HTML, WP5.1]

Nelson v. State (Hart, J.) CACR01-840

Criminal procedure -- Speedy trial; theft-of-property conviction reversed & dismissed where appellant was untimely brought to trial on charge; State failed to establish excludable periods. [HTML, WP5.1]

Taylor v. State (Stroud, J.) CACR01-748

Evidence -- It was presumed that appellant intended natural & probable consequences of his actions when he repeatedly shot at the victim; first-degree battery conviction supported by substantial evidence; no rational basis existed to give instruction on third-degree battery to jury; appellant was either guilty of battery in first degree or he was innocent. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Westbrook (Hart, J.) CA01-1282

Workers' compensation -- Commission's award of temporary total disability benefits affirmed where job as minister was not "any other employment"; Commission's award of permanent partial disability benefits affirmed in light of physician's testimony. [HTML, WP5.1]

Walters v. Arkansas Dep't of Human Servs. (Neal, J.) CA01-1094

Parent & child -- Termination of parental rights following probable-cause hearing; trial court retained jurisdiction to remove children; trial court's decision to terminate parental rights not clearly erroneous. [HTML, WP5.1]

Bishop v. Mac Norton, CA 01-1074 (Robbins, J.), affirmed April 17, 2002. [HTML, WP5.1]

Engelke v. Chelstrom, CA 01-981 (Pittman, J.), affirmed April 17, 2002. [HTML, WP5.1]

Guy v. State, CA CR 01-1179 (Vaught, J.), affirmed April 17, 2002. [HTML, WP5.1]

Lewis v. Reed Lewis Temps., CA 01-1031 (Baker, J.), affirmed April 17, 2002. [HTML, WP5.1]

Peevy v. Director, E 01-149 (Pittman, J.), affirmed April 17, 2002. [HTML, WP5.1]

Volvo Commercial Fin. v. Lard, CA 01-1184 (Hart, J.), reversed and remanded April 17, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-748. Rene Charles Taylor v. State of Arkansas, from Pope Circuit. Affirmed. Jennings and Griffen, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1141. Robert Boxley v. Kathy S. Boxley, from Poinsett Circuit. Affirmed. Jennings and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-981. Herbert W. Engelke and Judy Engelke et al. v. John Chelstrom et al., from Benton Chancery. Affirmed. Stroud, C.J., and Griffen, J., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-149. Dorothy A. Peevy v. Director et al., from Board of Review. Affirmed. Neal and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-840. Anthony Arnez Nelson v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Griffen, Neal, and Baker, JJ., agree. Jennings and Bird, JJ., dissent. (7 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-1184. Volvo Commercial Finance v. Bobby Lard, Maria Lard and B&M Truck and Trailer Service, from Crittenden Circuit. Reversed and Remanded. Robbins and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1282. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Jerrell Westbrook, from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-765. Nedra G. Bratton v. State of Arkansas, from Clark Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CACR01-1033. Ricco Greer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed as Modified. Hart and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-1074. Sandra Bishop v. Crary Mac Norton, from Jefferson Circuit. Affirmed. Hart, J., agrees. Baker, J., concurs. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-891. Pauline Hartwick v. Bradley R. Hill and Connie Lee Hill, from Van Buren Circuit. Dismissed. Vaught and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA01-1094. Chris Shanna Walters v. Arkansas Department of Human Services, from Pulaski Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1179. Sherman Lavelle Guy v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-928. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit. Reversed and Dismissed. Bird and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-1031. Tyrone Lewis v. Reed Lewis Temporaries and Liberty Mutual Insurance Company, from Workers' Compensation Commission. Affirmed. Hart and Robbins, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

CA01-743. Pearl V. Pritchett v. Lewis Lumber & Manufacturing Company and Compensation Managers, Inc., from Workers' Compensation Commission.

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CACR01-77. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to stay mandate to petition the United States Supreme Court for writ of certiorari is denied.

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

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Motion of Joel O. Huggins for attorneys' fees is granted. Allowed $1,300.00.

CACR01-516. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Motion of Joel O. Huggins to withdraw as counsel for appellant is granted.

CACR01-1169. Tyrone Pillow v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time is granted. Baker, J., not participating.

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is denied. Motion of Leif Hamman to be relieved as counsel is granted. Mr. Martin Patterson is appointed to represent the appellant.

CACR02-57. Undra M. Singleton v. State of Arkansas, from Ashley Circuit. Motion of Don G. Gillaspie to be relieved as counsel for appellant and for appointment of new counsel is granted. Mr. Thomas B. Wilson is appointed to represent the appellant.

CACR02-58. Roberto Daco Cabral v. State of Arkansas, from Benton Circuit. Motion of Dale Varner to withdraw as counsel for appellant is denied. Motion for brief time is granted.

CA01-311. General Electric Company v. Lila Gilbert, from Craighead Circuit, Eastern District. Appellee's motion for attorney's fees is denied. Costs assessed on mandate.

CA01-896. Basler Electric Co., Inc. et al. v. Wanda S. Lamb, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Allowed $500.00. Costs assessed on mandate.

CA01-1099. Lisa Gray et al. v. The Gladney Center, from Pulaski Circuit, Thirteenth Division. Appellee's motion for access to sealed portion of the record is moot.

CA02-42. Doris Ross et al. v. Orval Ray Jones et al., from Conway Circuit. Appellants' motion for extension of time to supplement the record is granted.

E01-250. James R. Grier v. Director et al., from Board of Review. Appellant's motion for additional brief time is granted. Brief due May 1, 2002. Final extension.

The following case is dismissed for failure to file briefs.

CA02-25. Kawneer Company v. Wausau Insurance Company and Michael Rogers, from Workers' Compensation Commission.

PETITION FOR REHEARING:

CACR01-984. Tyranza Pat Young v. State of Arkansas, from Phillips Circuit.

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CACR01-589. Billy Krimmel v. State of Arkansas, from Garland Circuit. Motion of Terry Goodwin Jones for attorney's fees.

CACR01-607. Daniel Dewitt Corby v. State of Arkansas, from Greene Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR01-750. Edward Walton v. State of Arkansas, from Crittenden Circuit. Motion of Terry Goodwin Jones for attorney's fees.

CACR01-1313. Gregory Lamon Mackintrush v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time.

CA01-501. Darrell Dunaway v. Kristie Dunaway (now Plummer), from Pulaski Chancery, First Division. Appellee's motion for attorney's fees and costs.

CA01-905. Area Agency on Aging et al. v. Donna McGuire, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA02-168. Mark McGrath v. Randall L. Carson, M.D., from Sebastian Circuit, Greenwood District. Appellant's motion for correction of record.

CA02-177. John E. Atkins d/b/a Atkins Real Estate v. L. L. Cole & Sons, Inc., from Woodruff Circuit. Motion of Arkansas Realtors Association to file amicus curiae brief in support of appellant.

CA01-1260. The Entertainment and Leisure Corporation v. Razorback Entertainment Corporation, from Garland Circuit. Argued orally.

CACR01-230. Charles Heaslet v. State of Arkansas, from Lonoke Circuit.

CACR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit.

CACR01-886. Cynthia M. James v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-967. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit.

CACR01-1025. Erik Johnson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-1059. Victor Lashant Curne v. State of Arkansas, from Crittenden Circuit.

CACR01-1102. Michael Hawkins v. State of Arkansas, from Garland Circuit.

CACR01-1293. Damion Young v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA01-955. Tim Parker Jeep Eagle v. Loyd A. Milam, from Workers' Compensation Commission.

CA01-1068. Smith-Blair, Inc. et al. v. Cal L. Jones, from Workers' Compensation Commission.

CA01-1109. Willie Collins v. Lennox Industries, Inc., from Workers' Compensation Commission.

CA01-1203. Demarcus Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA01-1208. Sheila Young v. Cross County Hospital, from Workers' Compensation Commission.

CA01-1216. Fleming Companies, Inc. v. Tucker Abstract Company, from Benton Circuit.

CA01-1267. IGF Insurance Company v. Hat Creek Partnership, from Cross Circuit.

CA01-1281. Wal-Mart Stores, Inc. et al. v. Stella Daniels, from Workers' Compensation Commission.

CA01-1306. Tommy Pratt et al. v. Charles T. Carpenter, et al., from Faulkner Circuit.

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

E01-283. Keith D. Morgan v. Director et al.

E01-284. Gravase Brown v. Director et al.

E01-285. Karen M. Moore v. Director et al.

E01-286. Wood Ford Sales, Inc. v. Director et al.

E01-287. Michelle L. Robertson v. Director et al.

E01-288. Jodie M. Estes v. Director et al.

E01-289. Deedra Trezvant v. Director et al.

E01-290. Chris R. Moore v. Director et al.

E01-291. Edna D. Albright v. Director et al.

E01-294. Glenda Becht v. Director et al.

E01-296. James V. Foti v. Director et al.

E01-297. Opal L. Coleman v. Director et al.