Duke v. State (Neal, J.) CACR01-967

Evidence -- Appellant's dogs had history of attacking without provocation; substantial evidence existed that appellant acted recklessly; finding of serious physical injury supported by substantial evidence; dogs clearly capable of causing death or serious physical injury; fact-finder could have reasonably inferred that dogs were used in such manner as to constitute deadly weapons; conviction for battery in second degree affirmed. [HTML, WP5.1]

Lenoir v. State (Robbins, J.) CACR01-849

Witnesses -- Eyewitness testimony; appellant's first-degree murder conviction supported by substantial evidence where eyewitness identified appellant; expert witness; exclusion of testimony not error; jury instruction; refusal to give instruction on cross-racial identification did not violate due process; photographs; refusal to admit was not abuse of discretion where photographs were merely cumulative of other evidence; evidence creating inference or conjecture as to third party's guilt; trial court did not abuse discretion in excluding testimony. [HTML, WP5.1]

Smith-Blair, Inc. v. Jones (Neal, J.) CA01-1068

Workers' compensation -- Aggravation of injury; new injury with independent cause; second physician diagnosed appellee's condition & opined that it was aggravated by & causally related to his employment; appellee proved that aggravation to his wrist condition was job-related & compensable. [HTML, WP5.1]

Young v. State (Jennings, J.) CACR01-1293

Criminal law -- Appellant in possession of drugs & in close proximity to firearm; guilty verdict for possession of handgun supported by substantial evidence; conviction for possession with intent to deliver supported by substantial evidence. [HTML, WP5.1]

Curne v. State, CA CR 01-1059 (Baker, J.), affirmed May 1, 2002. [HTML, WP5.1]

Entertainment & Leisure Corp. v. Razorback Entertainment Corp., CA 01-1260 (Pittman, J.), appeal dismissed May 1, 2002. [HTML, WP5.1]

Fleming Co. v. Tucker Abstract Co., CA 01-1216 (Bird, J.), reversed and remanded May 1, 2002. [HTML, WP5.1]

Hawkins v. State, CA CR 01-1102 (Roaf, J.), affirmed May 1, 2002. [HTML, WP5.1]

Hewitt v. State, CA CR 01-976 (Pittman, J.), affirmed May 1, 2002. [HTML, WP5.1]

James v. State, CA CR 01-886 (Stroud, C.J.), affirmed May 1, 2002. [HTML, WP5.1]

Johnson v. State, CA CR 01-1025 (Vaught, J.), affirmed May 1, 2002. [HTML, WP5.1]

Jordan v. State, CA 01-1203 (Hart, J.), affirmed May 1, 2002. [HTML, WP5.1]

Pratt v. Carpenter, CA 01-1306 (Crabtree, J.), affirmed May 1, 2002. [HTML, WP5.1]

Puckett v. Director, E 01-275 (Griffen, J.), reversed and remanded May 1, 2002. [HTML, WP5.1]

Roberson v. State, CA CR 01-263 (Griffen, J.), affirmed May 1, 2002. [HTML, WP5.1]

Tim Parker Jeep Eagle v. Milam, CA 01-955 (Griffen, J.), affirmed May 1, 2002. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Daniels, CA 01-1281 (Robbins, J.), affirmed May 1, 2002. [HTML, WP5.1]

Wilson v. Glenbrook Subdiv. Prop. Owners' Ass'n, CA 01-1254 (Pittman, J.), affirmed May 1, 2002. [HTML, WP5.1]

Yellow Freight Sys. v. Parker, CA 01-1211 (Bird, J.), affirmed May 1, 2002. [HTML, WP5.1]

Young v. Cross County Hosp., CA 01-1208 (Hart, J.), affirmed May 1, 2002. [HTML, WP5.1]

Albright v. Director of Labor, E 01-291, May 1, 2002.

Becht v. Director of Labor, E 01-294, May 1, 2002.

Brown v. Director of Labor, E 01-284, May 1, 2002.

Coleman v. Director of Labor, E 01-297, May 1, 2002.

Estes v. Director of Labor, E 01-288, May 1, 2002.

Foti v. Director of Labor, E 01-296, May 1, 2002.

Moore, Chris R. v. Director of Labor, E 01-290, May 1, 2002.

Moore, Karen M. v. Director of Labor, E 01-285, May 1, 2002.

Morgan v. Director of Labor, E 01-283, May 1, 2002.

Robertson v. Director of Labor, E 01-287, May 1, 2002.

Trezvant v. Director of Labor, E 01-289, May 1, 2002.

Wood Ford Sales, Inc. v. Director of Labor, E 01-286, May 1, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-886. Cynthia M. James v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Pittman and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-976. John Hewitt, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Stroud, C.J., and Roaf, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1254. Jeff Wilson and Schelley Wilson v. Glenbrook Subdivision Property Owners' Association, from Benton Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1260. The Entertainment and Leisure Corporation et al. v. Razorback Entertainment Corporation, from Garland Chancery. Appeal Dismissed. Stroud, C.J., and Baker, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA01-1203. Demarcus Jordan v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1208. Sheila Young v. Cross County Hospital, from Workers' Compensation Commission. Affirmed. Bird and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-1293. Damion Young v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-849. Antonio Lenoir v. State of Arkansas, from Cross Circuit. Affirmed. Hart and Baker, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1281. Wal-Mart Stores, Inc. v. Stella Daniels, from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA01-1211. Yellow Freight System v. Truman Parker, from Workers' Compensation Commission. Affirmed. Vaught and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1216. Fleming Companies, Inc. v. Tucker Abstract Company, from Benton Chancery. Reversed and Remanded. Hart and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit. Affirmed. Vaught and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-955. Tim Parker Jeep Eagle v. Loyd Milam, from Workers' Compensation Commission. Affirmed. Vaught and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-275. Christy Puckett v. Director, Employment Security Department and Families, Inc. of Jonesboro, from Board of Review. Reversed and Remanded. Vaught and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-967. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit. Affirmed. Hart and Bird, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1068. Smith-Blair, Inc. and Pacific Employers Insurance Company v. Cal L. Jones, from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-1025. Erik Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-1306. Tommy Pratt, Perry Pratt and Iva Sener v. Charles T. Carpenter et al., from Faulkner Circuit. Affirmed. Jennings and Robbins, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-1059. Victor Lashant Curne v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1102. Michael Hawkins v. State of Arkansas, from Garland Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

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.

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

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

CA01-919. Leigh Ann Huff v. State of Arkansas, from Phillips Circuit.

*****************************

CACR01-1379. David Crockett v. State of Arkansas, from Clark Circuit. Appellee's motion to dismiss appeal is denied. Appellant's brief due May 8, 2002.

CACR01-1393. Lance Throckmorton v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time is granted for thirty days. Griffen and Crabtree, JJ., would deny.

CACR02-167. Daniel Sertain v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal is granted.

CACR02-303. Edward Lewis v. State of Arkansas, from Craighead Circuit, Western District. Motion of Christopher M. Jester to withdraw as counsel for appellant is denied. Crabtree, J., would grant.

CA01-494. Mark Allen Shepherd v. Esta Faye Combs, from Benton Chancery. Appellee's motion to release supersedeas bond is granted.

CA01-626. Martha Treadway et al. v. Lawrence Bollen et al., from Hot Spring Chancery. Appellees' motion for attorney's fees is denied. Costs assessed on mandate.

CA01-1405. McCorkle Farms, Inc. v. Gene Thompson, from Cross Circuit. Appellant's motion to supplement the abstract and file substituted brief is granted.

CA02-102. Michael E. Hall v. Caroline I. Hall, from Pulaski Circuit, Seventeenth Division. Appellant's motion to file belated brief is granted.

PETITION FOR REHEARING:

CA01-1138. John Canon Gibson and Shirley Gibson v. Susan E. Brooks and Silvey Insurance Companies, from Garland Circuit.

*****************************

CACR01-59. Obbie Willis v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to recall mandate.

CACR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Appellant's motion to supplement abstract.

CACR01-783. James Isaac Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of James W. Wyatt for attorney's fees.

CACR01-1056. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR01-1152. Danny H. Thornton v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR01-1342. Benny Hulsey v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record and stay brief time.

CACR01-1345. James Branum v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees.

CACR02-141. Scott D. Walls v. State of Arkansas, from Garland Circuit. Motion to substitute Kimberly C. Bosshart as attorney for appellant.

CACR02-270. Steve Sawyer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Tom Travis to withdraw as counsel for appellant and for brief time.

CA02-237. Supersaver Wholesale Warehouse et al. v. Sherry M. Kivo, from Workers' Compensation Commission. Appellants' motion to supplement the record and to stay briefing schedule.

CA02-352. David Sharp et ux. v. State of Arkansas, from Independence Circuit. Appellants' motion to consolidate appeal with CA02-360.

CA01-1080. Don Smeltzer v. Smackover School District No. 39 of Union County, Arkansas, from Union Circuit. Argued orally.

CACR01-756. Olga Margaret Paz v. State of Arkansas, from Washington Circuit.

CACR01-944. Billy Reece Crain v. State of Arkansas, from Grant Circuit.

CACR01-1042. Edward C. Jiles v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-1096. Eugene Raymond Fischer v. State of Arkansas, from Marion Circuit.

CACR01-1322. Christopher Weatherford v. State of Arkansas, from Saline Circuit.

CACR01-1345. James Branum v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR01-1348. Russell B. Shackelford v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-1368. Robert Nevils v. State of Arkansas, from Pulaski Chancery, First Division.

CA01-727. K II Construction Company et al. v. Harold L. Crabtree, from Workers' Compensation Commission.

CA01-833. Wendy Reed et al. v. Arkansas Department of Human Services, from White Chancery.

CA01-845. Christopher Battishill et ux. v. Arkansas Department of Human Services, from Greene Chancery.

CA01-1115. Gaya Sharp v. Lewis Ford Sales, Inc. et al., from Workers' Compensation Commission.

CA01-1168. Amanda Lewellyn-Fleming v. Tim Lewellyn, from Pope Circuit.

CA01-1290. Suzan A. Burkhart et al. v. Cecil Hutchins, from Washington Circuit.

CA01-1336. Sandra Burmeister et al. v. Maxyne L. Richman, from Benton Circuit.

CA01-1390. Congo Stove, Fireplace & Patio, Inc. et al. v. Edward Rickenbacker, from Workers' Compensation Commission.

CA01-1406. Anthony Roberts v. State of Arkansas, from Pulaski Circuit, Eleventh Division.

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

E02-11. Andrew McDaniel, Jr. v. Director et al.

E02-12. Johnny W. Daugherty v. Director et al.

E02-13. James H. Smith v. Director et al.

E02-14. Mark C. Peters v. Director et al.

E02-15. Jeanetta Yarbrough v. Director et al.

E02-16. Marshall W. Mitchell v. Director et al.

E02-17. Cynthia M. Lea v. Director et al.

E02-18. Keith Goodrum v. Director et al.

E02-19. Thomas J. Beth v. Director et al.

E02-20. Carol L. Stone v. Director et al.

E02-21. Tommy L. Jones v. Director et al.

E02-22. Charles F. Desonie v. Director et al.