Opinions delivered
June 26, 2002
Crain v. State (Vaught, J.) CACR01-944
Criminal procedure -- Nighttime search; not sufficient probable cause to support warrant; good-faith exception to exclusionary rule supported trial court's denial of motion to suppress. [HTML, WP5.1]
Helena/West Helena Schs. v. Hislip (Robbins, J.) CA02-13
Appeal & error -- Law-of-the-case doctrine applicable; appellant attempted to appeal case that had already been decided; show-cause order for contempt issued. [HTML, WP5.1]
Hickman v. Culberson (Jennings, J.) CA01-581
Parent & child -- Illegitimate child; custody awarded to appellee; decision not clearly erroneous. [HTML, WP5.1]
Johnson v. Arkansas Dep't of Human Servs. (Robbins, J.) CA01-1093
Parent & child -- Termination of parental rights; appellant's rights not terminated due to incarceration; trial judge was not clearly erroneous in concluding that appellee made meaningful effort to rehabilitate home & correct conditions that caused removal; grounds for termination also met under Ark. Code Ann. § 9-27-341(B)(3)(vii)(a). [HTML, WP5.1]
Lovelace v. Director (Bird, J.) E01-162
Unemployment compensation -- Appeal untimely; late filing of appeal was not due to circumstances beyond appellant's control; decision of Board affirmed. [HTML, WP5.1]
Roberts v. State (Jennings, J.) CA01-1406
Criminal law -- Terroristic threatening; insufficient evidence to find that appellant had purpose of terrorizing another; conviction for terroristic threatening reversed & case dismissed. [HTML, WP5.1]
Sharp v. Lewis Ford, Inc. (Vaught, J.) CA01-1115
Workers' compensation -- Finding that appellant failed to establish evidence of concussion or other brain injury supported by substantial evidence; sufficient evidence existed that employer furnished change of physician form. [HTML, WP5.1]
Vo v. Vo (Griffen, J.) CA01-908
Parent & child -- Custody modification; none of factors in case constituted material change; chancellor erred in considering evidence relating to mooted petition; finding that appellant's home environment constituted material change in circumstances was clearly erroneous; chancellor did not err in modifying custody because he did so without finding that appellant was unfit parent. [HTML, WP5.1]
Hawkins v. Fasco Indus., Inc., CA 01-1404 (Pittman, J.), affirmed June 26, 2002. [HTML, WP5.1]
Lewellyn v. Lewellyn, CA 01-1168 (Bird, J.), reversed and remanded June 26, 2002. [HTML, WP5.1]
Paz v. State, CA CR 01-756 (Neal, J.), affirmed June 26, 2002. [HTML, WP5.1]
Reed v. Arkansas Dep't of Human Servs., CA 01-833 (Neal, J.), affirmed June 26, 2002. [HTML, WP5.1]
Southern Farm Bureau Cas. Ins. Co. v. Craven, CA 02-543 (Per Curiam), Appellant's Motion to Deposit Funds into Registry of Court and to Stay Further Proceedings Pending Appeal denied; Appellant's Motion to Supplement Record granted June 26, 2002. [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CA01-1404. Alison J. Hawkins v. Fasco Industries, Inc., from Workers' Compensation Commission. Affirmed. Robbins and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN E. JENNINGS, JUDGE:
CA01-581. Angie Renee Hickman v. Wayne Culberson, from Miller Chancery. Affirmed. Robbins, Bird, Griffen, Crabtree, Baker, and Roaf, JJ., agree. Neal, J., concurs. Hart, J., dissents. (6 PAGES + 3-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA01-1406. Anthony Roberts v. State of Arkansas, from Pulaski Circuit, Juvenile Division. Reversed and Dismissed. Robbins and Crabtree, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CA01-1093. Lovell Johnson II v. Arkansas Department of Human Services et al., from Pulaski Circuit, Eighth Division. Affirmed. Bird, Vaught, and Roaf, JJ., agree. Hart and Baker, JJ., dissent. (10 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA02-13. Helena/West Helena Schools and Arkansas School Boards Association v. Regina Hislip, from Workers' Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA01-1168. Amanda Lewellyn v. Tim Lewellyn, from Pope Circuit. Reversed and Remanded. Hart, J., agrees. Neal, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
E01-162. Yvette P. Lovelace v. Director, Employment Security Department, from Board of Review. Affirmed. Stroud, C.J., Neal, and Roaf, JJ., agree. Pittman, J., concurs. Hart, J., dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CA01-908. Yen My Tran Vo v. Hoa Van Vo, from Sebastian Chancery. Reversed. Hart, Robbins, and Baker, JJ., agree. Stroud, C.J., and Jennings, J., dissent. (15 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR01-756. Olga Margarita Paz v. State of Arkansas, from Washington Circuit. Affirmed. Hart, J., agrees. Bird, J., concurs. (9 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CA01-833. Wendy Reed and Randall Reed v. Arkansas Department of Human Services, from White Chancery. Affirmed. Bird, J., agrees. Hart, J., concurs. (13 PAGES UNPUBLISHED [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CACR01-944. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Affirmed. Jennings, Robbins, and Crabtree, JJ., agree. Griffen and Baker, JJ., dissent. (7 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA01-1115. Gaya Sharp v. Lewis Ford, Inc. and Crockett Adjustment, Inc., from Workers' Compensation Commission. Affirmed. Jennings, Robbins, and Griffen, JJ., agree. Crabtree and Baker, JJ., dissent. (8 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA01-1012. Wayne Alexander Trust, Wayne Alexander, Trustee v. City of Bentonville, Arkansas, from Benton Circuit.
CA01-1094. Chris Shanna Walters v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.
CA01-1319. Len Carver v. Allstate Insurance Company, from Pulaski Circuit, Second Division.
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CACR01-1288. Mack Jordan v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted. Griffen and Roaf, JJ., would make this final extension.
CACR01-1297. Everth Rodriquez v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted. Griffen and Roaf, JJ., would make this final extension.
CACR02-110. Roderick White v. State of Arkansas, from Howard Circuit. Appellant's motion for additional brief time is granted.
CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Ronald L. Davis, Jr., to be relieved as counsel for appellant is denied. See Supreme Court Rule 4-3(j) and Hampton v. State, 48 Ark. App. 93, 890 S.W.2d 279 (1995).
CA01-1012. Wayne Alexander Trust, Wayne Alexander, Trustee v. City of Bentonville, Arkansas, from Benton Circuit. Appellants' motion to supplement the record is denied.
CA01-1229. Linda K. White v. Remington Arms Company et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs is granted. Robbins and Roaf, JJ., would deny.
CA01-1336. Sandra Burmeister et al. v. Maxyne L. Richman, from Benton Chancery. Appellant's motion for attorney's fees is denied. Costs assessed on mandate.
CA02-399. Bill J. Bishop et ux. v. City of Fayetteville, Arkansas et al., from Washington Circuit. Appellants' motion to file belated brief is granted.
CA02-543. Southern Farm Bureau Casualty Insurance Company v. Gary Craven et ux., from White Circuit. Appellant's motion to supplement the record is granted. See per curiam this date.(2 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-543. Southern Farm Bureau Casualty Insurance Company v. Gary Craven et ux., from White Circuit. Appellant's motion to deposit funds into the Registry of the Court and to stay further proceedings pending appeal is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
E02-111. Mia Watson v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is granted. Stroud, C.J., Pittman, Bird, and Crabtree, JJ., would deny.
E02-146. Linda F. Martin v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.
E02-152. Robert L. Davis v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.
CACR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit. Motion of David O. Bowden for attorney's fees.
CACR01-621. Leslie D. Alexander v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Amended and substituted motion of James J. Lessmeister for attorney's fees.
CACR01-778. Larry D. Bellew v. State of Arkansas, from Miller Circuit. Motion of Mickey Buchanan for attorney's fees.
CACR01-926. Alejandro Gardea v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees.
CACR01-1019. Calvin Billingsly v. State of Arkansas, from Howard Circuit. Motion of Alvin Schay for attorney's fees.
CACR01-1037. Billy Harold Chatman v. State of Arkansas, from Fulton Circuit. Motion of Alvin Schay for attorney's fees.
CACR01-1224. Timothy Swaim v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees.
CACR02-57. Undra M. Singleton v. State of Arkansas, from Ashley Circuit. Appellant's motion to file belated brief.
CACR02-228. James E. Smith v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion for transcript.
CACR02-396. Ricky Elkins v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief.
CACR02-563. Felton Adams v. State of Arkansas, from Jefferson Circuit. Motion of Cymber Tadlock, Office of the Public Defender, to be relieved as attorney for appellant.
CA01-1415. Apollo Coating RCS, Inc. and Apollo, Inc. v. Brookridge Funding Corporation, from Benton Circuit. Motion of Walker & Hickey, Steven R. Davis and Paul Hickey, individually, to be relieved as counsel for appellee.
CA02-210. Carroll Electric Cooperative Corporation et al. v. City of Bentonville, from Benton Circuit. Joint motion for stay of appeal or extension of time to file brief.