Alexander v. State (Vaught, J.) CACR01-621

Criminal law -- Substantial evidence provided of purpose to commit aggravated robbery; motion for directed verdict properly denied; aggravated robbery conviction supported by ample direct & circumstantial evidence; felony manslaughter conviction supported by sufficient evidence; trial court did not err in its refusal to instruct on lesser-included charge of attempted aggravated robbery; modification of sentence illegal; sentence reversed & dismissed. [HTML, WP5.1]

American Standard Travelers Indem. Co. v. Post (Crabtree, J.) CA01-1333

Workers' compensation -- Commission explicitly granted appellee's petition based upon condition that doctor later agree to comply with Ark. Code Ann. § 11-9-514(a)(3)(A)(iii)(Repl. 1996) requirements of statute met. [HTML, WP5.1]

Battishill v. Arkansas Dep't of Human Servs. (Vaught, J.) CA01-845

Parent & child -- Termination of parental rights; appellant mother was unequivocal in waiving right to counsel; reversed where trial court should have refused appellant's request to proceed pro se. [HTML, WP5.1]

Belz-Burrows, L.P. v. Cameron Constr. Co. (Roaf, J.) CA01-1232

Damages -- No impermissible allocation of fault to nonparty; assertion of defense allowed by AMI Civ. 4th 501 & 502; no substantial right of appellant was affected by exclusion of third-party complaint; failure to give requested instructions on "time is of the essence" and on negligent acts of two or more persons did not result in prejudice to appellant. [HTML, WP5.1]

Foreman v. Arkansas Dep't of Human Servs. (Stroud, C.J.) CA01-1175

Parent & child -- Order appealed from not final; appeal dismissed. [HTML, WP5.1]

Miller v. Pro-Transp. (Pittman, J.) CA02-083

Negligence -- Contracts exempting party from liability; exculpatory clause clearly & specifically set out negligent liability to be avoided; clause valid & enforceable. [HTML, WP5.1]

Brown v. State, CA CR 01-1284 (Griffen, J.), affirmed June 19, 2002. [HTML, WP5.1]

Chatman v. State, CA CR 01-1037 (Bird, J.), affirmed June 19, 2002. [HTML, WP5.1]

Culbreath v. State, CA CR 01-1011 (Roaf, J.), affirmed June 19, 2002. [HTML, WP5.1]

Dupree v. Dupree, CA 01-956 (Bird, J.), affirmed in part and reversed and remanded in part on direct appeal; affirmed in part and reversed and remanded in part on cross-appeal June 19, 2002. [HTML, WP5.1]

Fischer v. State, CA CR 01-1096 (Baker, J.), affirmed June 19, 2002. [HTML, WP5.1]

Maynard v. Belden Wire & Cable, CA 01-1403 (Roaf, J.), affirmed June 19, 2002. [HTML, WP5.1]

Mays v. State, CA CR 01-1088 (Hart, J.), affirmed June 19, 2002. [HTML, WP5.1]

Rogers v. Rogers, CA 01-790 (Baker, J.), reversed and remanded; Appellee's Motion to Affirm denied June 19, 2002. [HTML, WP5.1]

Ross v. State, CA CR 01-859 (Crabtree, J.), affirmed June 19, 2002. [HTML, WP5.1]

Allison v. Director of Labor, E 02-25, June 19, 2002.

Deahl v. Director of Labor, E 02-36, June 19, 2002.

Dollar v. Director of Labor, E 02-35, June 19, 2002.

Forrester v. Director of Labor, E 02-29, June 19, 2002.

Gresham v. Director of Labor, E 02-26, June 19, 2002.

Hall v. Director of Labor, E 02-31, June 19, 2002.

Hood v. Director of Labor, E 02-33, June 19, 2002.

Jones v. Director of Labor, E 02-32, June 19, 2002.

Manning v. Director of Labor, E 02-23, June 19, 2002.

Robertson v. Director of Labor, E 02-27, June 19, 2002.

Stanley v. Director of Labor, E 02-24, June 19, 2002.

Thompson v. Director of Labor, E 02-37, June 19, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA01-1175. Terry Foreman, Roy Dale McGuire and Tervonne McGuire v. Arkansas Department of Human Services, from Sebastian Circuit. Dismissed. Bird and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA02-83. Carolyn Sue Miller v. Pro-Transportation, from Little River Circuit. Affirmed. Robbins and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-1088. Cleveland Odell Mays v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-1037. Billy Harold Chatman v. State of Arkansas, from Fulton Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-956. Thomas W. Dupree v. Roberta Dupree, from Pulaski Circuit. Affirmed in Part and Reversed and Remanded in Part on Direct Appeal; Affirmed in Part and Reversed and Remanded in Part on Cross-Appeal. Stroud, C.J., and Crabtree, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1284. Charlie Brown v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Neal, JJ., agree. (13 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-621. Leslie Dewayne Alexander v. State of Arkansas, from Mississippi Circuit. Affirmed in Part; Reversed and Dismissed in Part. Hart and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA01-845. Christopher Battishill and Jennifer Battishill v.Arkansas Department of Human Services, from Greene Circuit. Reversed. Griffen, J., agrees. Baker, J., concurs. (7 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-859. Roger D. Ross v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1333. American Standard Travelers Indemnity Company v. Eddie Post, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Bird, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-1096. Eugene Raymond Fischer v. State of Arkansas, from Marion Circuit. Affirmed. Griffen and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-790. Edmundo Rogers v. Cynthia Rogers, from Benton Chancery. Reversed and Remanded; Appellee's Motion to Affirm is Denied. Griffen and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1011. Demetrie Culbreath v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1232. Belz-Burrows, L.P. v. Cameron Construction Company, from Craighead Circuit. Affirmed on Direct Appeal; Cross-Appeal Moot. Hart and Vaught, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1403. Richard Maynard v. Belden Wire & Cable and Crawford & Company, from Workers' Compensation Commission. Affirmed. Hart and Vaught, JJ., agree. (9 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).

E02-23. 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.

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

CA01-1290. Suzan A. Burkhart and Justin Burkhart v. Cecil Hutchins, from Washington Circuit.

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

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CACR01-1087. Emanual Ilo v. State of Arkansas, from Faulkner Circuit. Appellee's motion to stay decision is denied. Motion for brief time is granted. Appellee's brief filed this date.

CACR01-1114. Raymond A. Martinez v. State of Arkansas, from Lonoke Circuit. Appellant's motion to stay briefing schedule; to supplement the record; and for extension of time to file a substituted brief and addendum is granted.

CACR01-1238. Leon Craft v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated brief is granted.

CACR02-141. Scott D. Walls v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal is granted.

CACR02-419. Edward C. Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for transcript is denied. Motion for appointment of counsel is granted. Mr. Gregg Knutson is appointed to represent the appellant. Brief due July 29, 2002.

CACR02-432. Darren Gates v. State of Arkansas, from Crittenden Circuit. Appellant's motion to supplement the record is granted.

CA01-790. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Chancery. Appellee's pro se motion for affirmation of decree of divorce and judgments for back owed child support and motion for sanctions and damages for appeals taken for delay only is moot. See opinion this date.

CA01-1189. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellee's pro se motion to dismiss appeal is moot. See opinion this date in CA01-790.

CA01-1192. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Appellee's pro se motion to dismiss appeal is moot. See opinion this date in CA01-790.

CA01-1400. Rey Quiroga v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to complete the record is granted.

CA01-1401. Jimmie Lee Barnett et al. v. Monumental General Insurance Company, from Van Buren Circuit. Appellee/Cross-Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days.

CA02-75. Arrow International, Inc. v. Misty Long Sparks, from Independence Circuit. Appellant's motion for leave to file brief timely served on appellee is granted.

CA02-216. Arkansas Department of Human Services v. Celestine McDonald et al., from Jefferson Circuit. Appellant's petition for writ of certiorari to complete the record and for additional brief time is granted.

CA02-300. Gerry Darnell Hall, Jr. v. Amy Lynn Tadlock Williams et al., from Crawford Probate. Appellant's motion to file belated brief is granted.

E02-132. Sonya R. Clay v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

E02-141. Pete G. Anzaldua v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

PETITION FOR REHEARING:

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

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CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Motion of Frank B. Newell for attorney's fees.

CACR01-1001. Willie Rochelle General v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR01-1288. Mack Jordan v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time.

CACR01-1297. Everth Rodriquez v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time.

CACR02-110. Roderick White v. State of Arkansas, from Howard Circuit. Appellant's motion for additional brief time.

CA01-919. Leigh Ann Huff v. State of Arkansas, from Phillips Circuit. Appellant's motion for costs.

CA01-1012. Wayne Alexander Trust, Wayne Alexander, Trustee v. City of Bentonville, Arkansas, from Benton Circuit. Appellants' motion to supplement the record.

CA01-1336. Sandra Burmeister et al. v. Maxyne L. Richman, from Benton Chancery. Appellant's motion for attorney's fees and costs.

CA02-116. Joseph Barry Thomason v. Rhonda Lu Thomason, from Pulaski Circuit, Fifteenth Division. Appellant's motion for leave to allow 2-page addendum with reply brief, or alternatively, for seven days to correct brief.

CA02-399. Bill J. Bishop et ux. v. City of Fayetteville, Arkansas et al., from Washington Circuit. Appellants' motion to file belated brief.

E02-146. Linda F. Martin v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

E02-152. Robert L. Davis v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CACR00-1445. Quinton Lee Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-342. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit.

CACR01-597. Lawrence Bernard Stewart v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR01-667. Roger Alan Hardesty v. State of Arkansas, from Pulaski Circuit, First Division.

CACR01-668. Willie Dion Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-682. Lovell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-791. Kevin Michael Wilkerson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-795. Thomas N. Crowder, Jr. v. State of Arkansas, from Johnson Circuit.

CACR01-848. Bruce Darnell Cooney v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-862. Eric Esquibel v. State of Arkansas, from Garland Circuit.

CACR01-879. James Greg Tillery and Patsy Tillery v. State of Arkansas, from Pope Circuit.

CACR01-881. Cecil Ballew v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-904. Antonio Ladell Baker v. State of Arkansas, from Crittenden Circuit.

CACR01-922. Darrell Justin Tillery v. State of Arkansas, from Garland Circuit.

CACR01-931. Marshall Oliver v. State of Arkansas, from Garland Circuit.

CACR01-939. James D. Logan v. State of Arkansas, from Garland Circuit.

CACR01-1001. Willie Rochelle General v. State of Arkansas, from Union Circuit.

CACR01-1043. Henry James Presley, Sr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR01-1090. Richard Harrell Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR01-1164. Karen Marie Sheets v. State of Arkansas, from Garland Circuit.

CACR01-1205. Seyoum Ali Clark v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR01-1359. Eddie Poindexter v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR01-1402. Paul Branson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

E02-34. Laverne Dyck v. Director et al.

E02-38. Richard D. Kersey v. Director et al.

E02-40. Kirk J. Rankin v. Director et al.

E02-42. Diane D. Sandberg v. Director et al.

E02-43. Phillip Washington v. Director et al.

E02-44. Alvin D. Watters v. Director et al.

E02-45. Ray T. Meier v. Director et al.

E02-46. James H. Smith v. Director et al.

E02-47. Joye A. Hawk v. Director et al.

E02-48. Randy D. May v. Director et al.

E02-49. James C. Montgomery v. Director et al.

E02-50. Delbert Womble v. Director et al.