Congo Stove, Fireplace & Patio, Inc. v. Rickenbacker (Griffen, J.) CA01-1390

Workers' compensation -- Award of benefits pursuant to Ark. Code Ann. § 11-9-505(a)(1) supported by substantial evidence. [HTML, WP5.1]

Heaslet v. State (Bird, J.) CACR01-230

Criminal procedure -- Nighttime search warrant deficient; probable cause lacking to justify nighttime search; good-faith exception inapplicable; no evidence that facts were generally known in area & judge's personal knowledge was not subject to cross-examination; no proper basis for taking judicial notice; affidavit insufficient; no statement that criminal activity or contraband was seen at appellant's home; denial of motion to suppress reversed & remanded. [HTML, WP5.1]

Stott v. State (Pittman, J.) CACR01-1178

Criminal law -- Accomplice liability; officer could not be considered to be an accomplice; admission of breathalyzer result within trial jude's discretion where question concerned credibility of witness & weight of testimony. [HTML, WP5.1]

Baker v. Campora, CA 01-1026 (Jennings, J.), affirmed May 15, 2002. [HTML, WP5.1]

Branum v. State, CA CR 01-1345 (Hart, J.), affirmed May 15, 2002. [HTML, WP5.1]

Burkhart v. Hutchens, CA 01-1290 (Hart, J.), affirmed May 15, 2002. [HTML, WP5.1]

Nevils v. State, CA CR 01-1368 (Griffen, J.), affirmed May 15, 2002. [HTML, WP5.1]

Smeltzer v. Smackover Sch. Dist., CA 01-1080 (Robbins, J.), affirmed May 15, 2002. [HTML, WP5.1]

Smith v. State, CA CR 01-962 (Roaf, J.), affirmed May 15, 2002. [HTML, WP5.1]

Sowell v. State, CA CR 01-872 (Crabtree, J.), reversed and remanded May 15, 2002. [HTML, WP5.1]

Weatherford v. State, CA CR 01-1322 (Roaf, J.), affirmed May 15, 2002. [HTML, WP5.1]

Beth v. Director of Labor, E 02-19, May 15, 2002.

Daugherty v. Director of Labor, E 02-12, May 15, 2002.

Desonie v. Director of Labor, E 02-22, May 15, 2002.

Goodrum v. Director of Labor, E 02-18, May 15, 2002.

Jones v. Director of Labor, E 02-21, May 15, 2002.

Lea v. Director of Labor, E 02-17, May 15, 2002.

McDaniel v. Director of Labor, E 02-11, May 15, 2002.

Mitchell v. Director of Labor, E 02-16, May 15, 2002.

Peters v. Director of Labor, E 02-14, May 15, 2002.

Smith v. Director of Labor, E 02-13, May 15, 2002.

Stone v. Director of Labor, E 02-20, May 15, 2002.

Yarbrough v. Director of Labor, E 02-15, May 15, 2002.

JOHN MAUZY PITTMAN, JUDGE:

CACR01-1178. Jackie Stott v. State of Arkansas, from Union Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-1345. James Branum v. State of Arkansas, from Mississippi Circuit. Affirmed. Bird and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1290. Suzan Burkhart and Justin Burkhart v. Cecil Hutchens, from Washington Circuit. Affirmed. Bird and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA01-1026. John Baker v. Joel Campora, from Polk Circuit. Affirmed. Stroud, C.J., and Griffen, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA01-1080. Donald Smeltzer v. Smackover School District et al., from Union Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-230. Charles Heaslet v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. Hart and Neal, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1368. Robert Nevils v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Baker, JJ., agree. (6 PAGES UNPUBLISHED )[HTML, WP5.1]

CA01-1390. Congo Stove, Fireplace & Patio, Inc. et al. v. Edward Rickenbacker, from Workers' Compensation Commission. Affirmed. Vaught and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-872. Stephen Michael Sowell v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Jennings and Robbins, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-962. Kason Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., agrees. Pittman, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1322. Christopher Weatherford v. State of Arkansas, from Saline Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (5 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).

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.

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

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

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

CACR01-1245. Doris Eiland v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees is granted. Allowed $800.00.

CACR01-1345. James Branum v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees is granted. Allowed $1,000.00.

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

CACR02-270. Steve Sawyer v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Tom Travis to withdraw as counsel for appellant is granted. Mr. Charles M. Duell is appointed to represent the appellant. Brief due June 24, 2002.

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

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

CA01-645. Cecil W. Smith v. Alcoa, from Workers' Compensation Commission. Appellant's motion to supplement abstract and request for supplemental briefing is granted. Abstract deemed supplemented.

CA01-655. Joseph D. Chism v. Alcoa, from Workers' Compensation Commission. Appellant's motion to supplement abstract and request for supplemental briefing is granted. Abstract deemed supplemented.

CA01-656. John H. Cook v. Alcoa, from Workers' Compensation Commission. Appellant's motion to supplement abstract and request for supplemental briefing is granted. Abstract deemed supplemented.

CA01-1034. Kristy Tew v. Arkansas Department of Human Services, from Faulkner Chancery. Appellant's motion for additional brief time is granted for sixty days. Final extension. Griffen, Crabtree, and Roaf, JJ., would deny.

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

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

CA02-98. Cannon Remodeling & Painting, Inc. v. The Marketing Company, Inc., from Pulaski Circuit, Fourteenth Division. Appellant's motion to proceed under previous rules is denied. Substitute brief due May 30, 2002.

CA01-1324. Linda Stromwell et al. v. City of Springdale Planning Commission, from Washington Circuit. Argued orally.

CACR01-621. Leslie Dewayne Alexander v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR01-859. Roger D. Ross v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-1011. Demetrie Culbreath v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-1037. Billy Harold Chatman v. State of Arkansas, from Fulton Circuit.

CACR01-1088. Cleveland Odell Mays v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1224. Timothy Swaim v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR01-1284. Charlie Brown, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1380. Susie M. Carter v. State of Arkansas, from Lincoln Circuit.

CACR01-1427. Michael Dee Moseley v. State of Arkansas, from Benton Circuit.

CA01-948. Vicki White, Executrix v. Gary Davis et al., from Searcy Chancery.

CA01-956. Thomas W. Dupree v. Roberta Dupree, from Pulaski Chancery, Third Division.

CA01-1175. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

CA01-1223. Marvin DeBoer et ux. v. Entergy of Arkansas, Inc. et al., from Faulkner Circuit.

CA01-1333. American Standard et al. v. Eddie Post, from Workers' Compensation Commission.

CA01-1403. Richard Maynard v. Belden Wire & Cable et al., from Workers' Compensation Commission.

CA02-5. Dennis Thinn v. Elizabeth Parks, from Benton Circuit.

CA02-13. Helena West Helena Schools et al. v. Regina Hislip, from Workers' Compensation Commission.

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

E02-23. June L. Manning v. Director et al.

E02-24. Steve R. Stanley v. Director et al.

E02-25. Curtis L. Allison v. Director et al.

E02-26. Frances C. Gresham v. Director et al.

E02-27. Roger M. Robertson v. Director et al.

E02-29. Connie S. Forrester v. Director et al.

E02-31. John M. Hall v. Director et al.

E02-32. Gaysha S. Jones v. Director et al.

E02-33. Jerry W. Hood v. Director et al.

E02-35. Terri L. Dollar v. Director et al.

E02-36. David L. Deahl v. Director et al.

E02-37. Audrey E. Thompson v. Director et al.