Carver v. Allstate Ins. Co. (Crabtree, J.) CA01-1319

Insurance -- Water from broken water line was still "water below the surface of ground" within meaning of exclusion; noting in exclusion supported conclusion that it was limited to naturally occurring water or ground water. [HTML, WP5.1]

Collins v. Lennox Indus., Inc. (Baker, J.) CA01-1109

Workers' compensation -- One-time change of physician an absolute statutory right; Commission's finding that employer had fulfilled obligation under Ark. Code Ann. § 11-9-508 was not supported by substantial evidence; reversed & remanded. [HTML, WP5.1]

Davis v. State (Roaf, J.) CACR01-503

Criminal procedure -- Reasonable suspicion lacking; Ark. R. Crim. P. 3.1 not complied with; other factors not relevant to whether initial stop was based on reasonable suspicion; reversed & remanded. [HTML, WP5.1]

Taylor v. State (Griffen, J.) CACR01-215

Constitutional law -- Right to counsel; trial court's failure to warn appellant about possible consequences & disadvantages of representing himself constituted reversible error; standby counsel's level of participation did not rise to level necessary to moot appellant's involuntary waiver; reversed & remanded. [HTML, WP5.1]

Vergara-Soto v. State (Bird, J.) CACR01-912

Statutes -- Necessary element of Ark. Code Ann. § 5-74-106(d) not established; appellant was not in his home; denial of motion for directed verdict affirmed. [HTML, WP5.1]

Baker v. Stringer, CA 01-937 (Jennings, J.), affirmed May 8, 2002. [HTML, WP5.1]

Con Agra Frozen Foods v. Schiavo, CA 01-1129 (Pittman, J.), affirmed May 8, 2002. [HTML, WP5.1]

Conn v. Arkansas Dep't of Human Servs., CA 01-536 (Stroud, C.J.), affirmed May 8, 2002. [HTML, WP5.1]

Davidson v. State, CA CR 01-779 (Vaught, J.), affirmed May 8, 2002. [HTML, WP5.1]

Housley v. State, CA CR 01-542 (Stroud, C.J.), affirmed May 8, 2002. [HTML, WP5.1]

Lee v. State, CA CR 01-1291 (Jennings, J.), affirmed May 8, 2002. [HTML, WP5.1]

Nuvell Fin. Servs. Co. v. Director, E 01-228 (Robbins, J.), reversed and remanded May 8, 2002. [HTML, WP5.1]

Rosamond v. Arkansas Dep't of Human Servs., CA 01-942 (Roaf, J.), affirmed May 8, 2002. [HTML, WP5.1]

White v. Remington Arms Co., CA 01-1229 (Robbins, J.), affirmed in part; remanded in part May 8, 2002. [HTML, WP5.1]

Wimberly v. State, CA CR 01-1235 (Hart, J.), affirmed May 8, 2002. [HTML, WP5.1]

Bond v. Director of Labor, E 02-2, May 8, 2002.

Cox v. Director of Labor, E 01-300, May 8, 2002.

Davis v. Director of Labor, E 02-10, May 8, 2002.

Johnson v. Director of Labor, E 02-8, May 8, 2002.

Lovell v. Director of Labor, E 01-299, May 8, 2002.

McClenny v. Director of Labor, E 02-3, May 8, 2002.

McElroy v. Director of Labor, E 02-6, May 8, 2002.

Pettis v. Director of Labor, E 01-298, May 8, 2002.

Sandoval v. Director of Labor, E 02-5, May 8, 2002.

Schroder v. Director of Labor, E 02-1, May 8, 2002.

Switzer v. Director of Labor, E 02-7, May 8, 2002.

Volunteer Express, Inc. v. Director of Labor, E 02-9, May 8, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-542. Jimmy Housley v. State of Arkansas, from Marion Circuit. Affirmed. Pittman and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-536. Charles Conn, Sr. and Sherry Conn v. Arkansas Department of Human Services, from Pope Chancery. Affirmed. Pittman and Roaf, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-1129. Con Agra Frozen Foods v. Nadjie Schiavo, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Roaf, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-1235. Milton Wimberly v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-1291. Emmanuel Lee v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-937. Terry W. Baker v. Deborah L. Baker Stringer, from Washington Chancery. Affirmed. Stroud, C.J., Pittman and Bird, JJ., agree. Crabtree and Roaf, JJ., dissent. (8 PAGES + 4-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-1229. Linda K. White v. Remington Arms Company and State of Pennsylvania Insurance Company, from Workers' Compensation Commission. Affirmed in Part; Remanded in Part. Jennings and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

E01-228. Nuvell Financial Services Company v. Director, Employment Security Department and Leretta Jean Howlett, from Board of Review. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-912. Jose Luis Vergara-Soto v. State of Arkansas, from Washington Circuit. Affirmed. Vaught, J., agrees. Roaf, J., concurs. (6 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-215. James Andrew Taylor v. State of Arkansas, from Hempstead Circuit. Reversed and Remanded. Vaught and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-779. Gregory Davidson v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA01-1319. Len Carver v. Allstate Insurance Company, from Pulaski Circuit, Second Division. Affirmed. Jennings and Robbins, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-1109. Willie Collins v. Lennox Industries, Inc. and American Motorist Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Griffen and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-503. Lee Roy Davis v. State of Arkansas, from Union Circuit. Reversed and Remanded. Robbins and Baker, JJ., agree. Bird and Neal, JJ., concur. Pittman, J., dissents. (6 PAGES + 7-PAGE CONCURRENCE + 5-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-942. Karen Lee Rosamond v. Arkansas Department of Human Services, from Faulkner Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (7 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).

E01-298. Samuel Pettis, Jr. v. Director et al.

E01-299. Mary A. Lovell v. Director et al.

E01-300. Steven E. Cox v. Director et al.

E02-1. Richard W. Schroder v. Director et al.

E02-2. Charlie A. Bond v. Director et al.

E02-3. Mattie C. McClenny v. Director et al.

E02-5. Mary E. Sandoval v. Director et al.

E02-6. Lawanda A. McElroy v. Director et al.

E02-7. James H. Switzer v. Director et al.

E02-8. Charles H. Johnson v. Director et al.

E02-9. Volunteer Express, Inc. v. Director et al.

E02-10. Michael D. Davis v. Director et al.

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

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

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

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

CACR01-779. Gregory Davidson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Kandice A. Bell for attorney's fees is granted. Allowed $1,000.00.

CACR01-783. James I. Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of James W. Wyatt for attorney's fees is granted. Allowed $1,000.00.

CACR01-1152. Danny H. Thornton v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $1,000.00.

CACR01-1291. Emmanuel Lee v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.

CACR01-1342. Benny L. Hulsey v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days. Brief due thirty days thereafter.

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

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 is granted.

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

PETITION FOR REHEARING:

CA01-1151. David and Linda Baker v. The House Doctors Handyman Service and Charles Marratt, from Pulaski Circuit, Third Division.

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CACR01-1245. Doris Eiland v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR02-158. Archille Clemon Jennings v. State of Arkansas, from Monroe Circuit. Appellant's motion to file belated brief and for brief time.

CACR02-324. John Briley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion for appointment of new counsel.

CA99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Appellant's motion to seal information.

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

CA01-1189. Edmundo Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellee's pro se motion to dismiss appeal.

CA01-1192. Edmundo Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellee's pro se motion to dismiss appeal.

CA01-1282. Wal-Mart Stores, Inc. et al. v. Jerrell Westbrook, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA01-1400. Rey Quiroga v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CA02-98. Cannon Remodeling & Painting, Inc. v. The Marketing Company, Inc., from Pulaski Circuit, Fourteenth Division. Appellant's motion to proceed under previous rules.

CA01-1232. Belz-Burrow, LP v. Cameron Construction Company, Inc., from Craighead Circuit, Western District. Argued orally.

CACR01-778. Larry Dale Bellew v. State of Arkansas, from Miller Circuit.

CACR01-964. Lester Herbert Adams v. State of Arkansas, from Cleveland Circuit.

CACR01-985. Douglas Mack Clenney, Jr. v. State of Arkansas, from Garland Circuit.

CACR01-1019. Calvin Billingsly v. State of Arkansas, from Howard Circuit.

CACR01-1073. Billy Ray Davis v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-1153. Booker T. Morris v. State of Arkansas, from Ouachita Circuit.

CA01-645. Cecil W. Smith v. Alcoa, from Workers' Compensation Commission.

CA01-655. Joseph D. Chism v. Alcoa, from Workers' Compensation Commission.

CA01-656. John H. Cook v. Alcoa, from Workers' Compensation Commission.

CA01-1012. Wayne Alexander Trust et al. v. City of Bentonville, Arkansas, from Benton Circuit.

CA01-1134. Ella Dee Shaw v. Destiny Industries, Inc., from Conway Circuit.

CA01-1301. Poulan Weed Eater v. Loretta Marshall, from Workers' Compensation Commission.

CA01-1305. Maggie Capel v. Allstate Insurance Company et al., from Pulaski Circuit, Fifth Division.

CA01-1360. Eddie Buie v. Certain Underwriters at Lloyd's of London et al., from Jefferson Circuit.

CA01-1404. Alison J. Hawkins v. Fasco Industries, Inc. et al., from Workers' Compensation Commission.

CA02-7. Wal-Mart Stores, Inc. et al. v. Mary Austin, from Workers' Compensation Commission.

CA02-83. Carolyn Sue Miller v. Pro-Transportation, Inc., from Little River Circuit.