Abshure v. State (Bird,J.) CACR01-925

Criminal law -- Possession of contraband; substantial evidence supported jury's finding that appellant possessed contraband; time reference in affidavit for search warrant could be sufficiently inferred from information in affidavit; content remaining after exclusion of officer's statement was sufficient to establish probable cause; denial of motion to suppress affirmed where affidavit as whole provided substantial basis on which to find probable cause. [HTML, WP5.1]

Barriga v. The Arkansas and MO RR Co. (Roaf, J.) CA02-195

Judgment -- Summary judgment; proper under circumstances. [HTML, WP5.1]

Buie v. Certain Underwriters at Lloyds of London (Baker, J.) CA01-1360

Judgment -- Summary judgment; trial court erred in granting appellees' motion where material questions of fact were left unanswered. [HTML, WP5.1]

Gilmore v. State (Pittman, J.) CACR01-950

Criminal law -- Drug paraphernalia; all items seized were legally obtained & had legitimate uses; reversed & dismissed where suspicion alone would not support conviction. [HTML, WP5.1]

Green v. State (Stroud, C.J.) CACR02-234

Appeal & error -- Directed verdict; preservation of challenge to sufficiency of evidence supporting conviction for lesser-included offense; appellant's motion for dismissal preserved only portion of argument for appeal; neither surviving argument prevailed. [HTML, WP5.1]

Leflore v. State (Crabtree, J.) CACR02-157

Criminal law -- Trial court's decision to revoke appellant's suspended sentence clearly against preponderance of evidence; reversed & dismissed. [HTML, WP5.1]

Little Rock Elec. Contractors, Inc. v. Entergy Corp. (Crabtree, J.) CA02-211

Judgment -- Summary judgment granted based on Ark. R. Civ. P. 56; no error found; use of self-serving statement to show that appellee committed deceptive & unconscionable trade practice not competent summary-judgment evidence. [HTML, WP5.1]

Martin v. Martin (Robbins, J.) CA02-264

Parent & child -- Child support; trial court's modification of existing support order violated Ark. Code Ann. § 9-14-234; order not subject to modification until motion filed; appellant was entitled to rely on existing support order until notified by appellee's filing of motion for modification; focus of section 9-14-234 is on preserving finality of existing support order. [HTML, WP5.1]

Ulibarri v. Jim Wood Co. (Baker, J.) CA02-55

Workers' compensation -- Heart Attack; work being performed at time of heart attack not extraordinary or unusual compared to employees usual work; Commission's decision supported by substantial evidence. [HTML, WP5.1]

Agent v. State, CA CR 01-874 (Griffen, J.), affirmed October 30, 2002. [HTML, WP5.1]

Atkinson v. State, CA CR 02-38 (Bird, J.), affirmed October 30, 2002. [HTML, WP5.1]

Bourdo v. State, CA CR 02-33 (Robbins, J.), affirmed October 30, 2002. [HTML, WP5.1]

Box v. State, CA CR 02-751 (Per Curiam), appellant's Petition for Writ of Certiorari to Complete the Record is granted October 30, 2002. [HTML, WP5.1]

Brannon v. State, CA CR 01-518 (Jennings, J.), affirmed October 30, 2002. [HTML, WP5.1]

Greenfield v. Arkansas Dep't of Human Servs., CA 02-525 (Bird, J.), affirmed October 30, 2002. [HTML, WP5.1]

Hanna v. Glover, CA 02-84 (Roaf, J.), appeal dismissed October 30, 2002. [HTML, WP5.1]

Ilo v. State, CA CR 01-1087 (Hart, J.), affirmed October 30, 2002. [HTML, WP5.1]

International Paper Co. v. Cothren, CA 02-135 (Hart, J.), affirmed October 30, 2002. [HTML, WP5.1]

Rushing v. El Dorado Civil Serv. Comm'n, CA 01-857 (Crabtree, J.), affirmed October 30, 2002. [HTML, WP5.1]

Shelley v. Arkansas Dep't of Human Servs., CA 02-114 (Pittman, J.), affirmed October 30, 2002. [HTML, WP5.1]

Williams v. State, CA CR 01-1280 (Jennings, J.), affirmed October 30, 2002. [HTML, WP5.1]

Anderson v. Director of Labor, E 02-160, October 30, 2002.

Arciga v. Director of Labor, E 02-162, October 30, 2002.

Buford v. Director of Labor, E 02-157, October 30, 2002.

Burks v. Director of Labor, E 02-158, October 30, 2002.

Flosdorf v. Director of Labor, E 02-154, October 30, 2002.

Knight v. Director of Labor, E 02-153, October 30, 2002.

Langhammer v. Director of Labor, E 02-151, October 30, 2002.

Nunn v. Director of Labor, E 02-163, October 30, 2002.

Powell v. Director of Labor, E 02-150, October 30, 2002.

Sanyo Mfg. Corp. v. Director of Labor, E 02-156, October 30, 2002.

Smith v. Director of Labor, E 02-159, October 30, 2002.

Turner v. Director of Labor, E 02-161, October 30, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-234. Belinda L. Green v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-950. Sharon H. Gilmore and Robert Vernon Gilmore v. State of Arkansas, from Washington Circuit. Reversed and Dismissed. Robbins and Bird, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-114. Victoria and Harold Shelley v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Bird, J., agrees. Robbins, J., concurs. (4 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-1087. Emanuel Ilo v. State of Arkansas, from Faulkner Circuit. Affirmed. Jennings and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-135. International Paper Company v. William D. Cothren, from Workers' Compensation Commission. Affirmed. Jennings and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CACR01-518. Cynthia Brannon and Amanda Boren v. State of Arkansas, from Pope Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1280. Micah Eugene Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Griffen, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-33. Michael Anthony Bourdo v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-264. Lisa Martin v. Ronald Martin, from Drew Circuit. Reversed and Remanded. Pittman and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR01-925. Steven Ray Abshure v. State of Arkansas, from Lonoke Circuit. Affirmed. Jennings, Neal, and Vaught, JJ., agree. Crabtree, J., concurs. Baker, J., dissents. (10 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR02-38. Maurice Atkinson, Jr. v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-525. Bernice Greenfield v. Arkansas Department of Human Services, from Franklin Circuit. Affirmed. Pittman and Robbins, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-874. Raymond Agent v. State of Arkansas, from Crawford Circuit. Affirmed. Jennings, J., agrees. Hart, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-157. Marvin Bernard Leflore v. State of Arkansas, from Crittenden Circuit. Reversed and Dismissed. Griffen, Vaught, and Roaf, JJ., agree. Pittman and Jennings, JJ., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA01-857. Robert Rushing v. El Dorado Civil Service Commission, from Union Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-211. Little Rock Electrical Contractors, Inc. v. Entergy Corporation, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA01-1360. Eddie Buie v. Certain Underwriters at Lloyds of London et al., from Jefferson Circuit. Reversed and Remanded. Hart, Robbins, and Crabtree, JJ., agree. Pittman and Vaught, JJ., dissent. (6 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-55. Deborah Ulibarri, Widow of Burke B. Ulibarri v. Jim Wood Company, Inc. and CNA, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Crabtree, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA02-84. Albert Hanna v. George Glover et al., from Union Chancery. Appeal Dismissed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-195. Pedro Barriga and Maria Elena Barriga v. The Arkansas and Missouri Railroad Company, from Benton Circuit. Affirmed. Stroud, C.J., Pittman, Hart, and Robbins, JJ., agree. Griffen, J., dissents. (5 PAGES + 6-PAGE DISSENT PUBLISHED) [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).

E02-150. Matthew P. Powell v. Director et al.

E02-151. Dana C. Langhammer v. Director et al.

E02-153. Michael E. Knight v. Director et al.

E02-154. Ryan Kennedy Flosdorf v. Director et al.

E02-156. Sanyo Manufacturing Corporation v. Director et al.

E02-157. Grover L. Buford v. Director et al.

E02-158. Bobby C. Burks v. Director et al.

E02-159. John W. Smith v. Director et al.

E02-160. Richard Anderson v. Director et al.

E02-161. Brenda Turner v. Director et al.

E02-162. Alyson A. Arciga v. Director et al.

E02-163. James A. Nunn v. Director et al.

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

CA01-767. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division.

CA01-1236. Eugene Farr et al. v. James M. Henson, Jr., from Pulaski Circuit, Twelfth Division.

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CACR00-910. Mark Latta v. State of Arkansas, from Garland Circuit. Appellant's pro se motion to produce oral argument tape is denied.

CACR01-874. Raymond Lynn Agent v. State of Arkansas, from Crawford Circuit. Motion of James J. Lessmeister for attorney's fees is granted. Allowed $1,000.00.

CACR01-950. Sharon H. Gilmore and Robert Vernon Gilmore v. State of Arkansas, from Washington Circuit. Motion of Michael Hodson for attorney's fees is granted. Allowed $1,200.00.

CACR01-1280. Micah Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William O. "Bill" James, Jr. for attorney's fees is granted. Allowed $1,000.00.

CACR01-1308. Warren Looney v. State of Arkansas, from Independence Circuit. Appellee's motion to dismiss appeal is granted. Hart, J., not participating.

CACR02-134. Larry Dewayne Hall v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes for attorney's fees is granted. Allowed $1,000.00.

CACR02-417. Clayton L. Davis 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.

CACR02-751. Rufus A. Box v. State of Arkansas, from Nevada Circuit. Appellant's petition for writ of certiorari to complete the record is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-805. John Edward Smith v. State of Arkansas, from Crawford Circuit. Appellant's motion to stay briefing schedule is granted.

CACR02-852. Jimmy Ray Heikkila v. State of Arkansas, from Benton Circuit. Motion of Louis Lim to withdraw as counsel for appellant and to substitute Mark Alan Jesse as counsel for appellant is granted. Griffen, J., would deny per dissent in Brewer v. State, 66 Ark. App. 324 (1999).

CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit. Appellant's motion and amended motion to file belated brief and for brief time is granted. Stroud, C.J., not participating.

CACR02-1055. Brian Curtis McGhee v. State of Arkansas, from Grant Circuit. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA02-769. Hogan Transports, Inc. v. Hogan Transport, from Craighead Circuit, Western District. Appellant's motion to substitute counsel and for brief time is granted.

CA02-903. Jim Walter Homes et al. v. Johnny Beard, from Workers' Compensation Commission. Appellant's motion to supplement the record and stay briefing schedule is remanded to the Commission to settle the record within thirty days. Appellant's brief due in sixty days.

CA02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State and Public School Life and Health Insurance Board et al., from Pulaski Circuit, Seventh Division. Appellees' motion to release record to prepare brief is granted.

CA02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State and Public School Life and Health Insurance Board et al., from Pulaski Circuit, Seventh Division. Appellees' motion for modification of briefing schedule is granted. Appellees' brief due December 2, 2002.

CA02-990. Ruby Murphy et al. v. City of West Memphis et al., from Crittenden Circuit. Appellants' motion to supplement the record and to stay briefing schedule is granted. Record deemed supplemented. Appellants' brief due in thirty days.

PETITIONS FOR REHEARING:

CA02-14. Crooked Creek III, Inc. v. City of Greenwood et al., from Sebastian Chancery, Greenwood District.

CA02-74. Eric Holloway v. Riley's Oak Hill Manor, Inc., from Arkansas Circuit, Northern District.

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CACR01-306. Robert L. Trotter, Jr. v. State of Arkansas, from Howard Circuit. Motion of Patrick J. Benca for attorney's fees.

CACR01-780. Fahim Rashad v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William H. Craig for attorney's fees.

CACR01-1392. Robert Anderson v. State of Arkansas, from Garland Circuit. Motion of John W. Yeargan, Jr., for attorney's fees.

CACR02-845. Marion Lynn Renfroe v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.

CACR02-845. Marion Lynn Renfroe v. State of Arkansas, from White Circuit. Appellant's motion to file belated brief and for brief time.

CACR02-1027. Raymond M. Berta and James W. Berta v. State of Arkansas, from Lonoke Circuit. Appellants' motion to supplement the record.

CACR02-1070. Earnest Jerome Spiller v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for additional brief time.

CA02-548. Virginia Dovers v. Stephenson Oil Company, Inc. et al., from Pulaski Circuit, Second Division. Appellant's motion for oral argument.

CA02-626. Gene Addington v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion for oral argument.

CA02-1142. Estate of Eula Thurman, Deceased et al. v. Forest Healthcare, Inc. d/b/a Forest Healthcare and Regional Management, Inc., from Howard Circuit. Appellant's motion to stay briefing schedule.

CACR02-295. Jayson Campbell v. City of Alma, State of Arkansas, from Crawford Circuit. Argued orally.

CACR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit.

CACR01-1199. Fredrick Delaney v. State of Arkansas, from Scott Circuit.

CACR01-1437. Rudolph Zangerl III v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR02-322. Sepria Jenkins v. State of Arkansas, from Ouachita Circuit.

CACR02-334. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit, Arkansas City District.

CA02-27. D. M. Riche, Inc. v. McGowan Working Partners, Inc., from Union Circuit.

CA02-109. Healthcor et al. v. Kathleen Cordry, from Workers' Compensation Commission.

CA02-196. Leon W. Abbott, Jr. v. Ann M. Abbott, from Benton Circuit.

CA02-271. Temperance Hill Logging et al. v. Lester Parker, from Workers' Compensation Commission.

CA02-272. Darren O. Smith et al. v. Kevin M. Cholousky et al., from Crawford Circuit.

CA02-293. Mike Cumming et al. v. Putnam Realty, Inc., from Pulaski Circuit, Sixth Division.

CA02-380. Ronnie E. Moore v. Conagra Poultry Company, from Workers' Compensation Commission.

CA02-543. Southern Farm Bureau Casualty Insurance Company v. Gary Craven et ux., from White Circuit.

CA02-553. Dawn M. Conlin v. Christopher Mark Goss, from White Circuit.

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

E02-56. Mary Williams v. Director et al.

E02-164. Robert Rivera v. Director et al.

E02-165. Mary Thornton v. Director et al.

E02-167. Johnetta M. Davis v. Director et al.

E02-168. Charles D. Walker v. Director et al.

E02-169. James A. Long v. Director et al.

E02-170. Cynthia M. Wallace v. Director et al.

E02-171. Tabitha D. Clark v. Director et al.

E02-172. Lonnie A. Dobbs v. Director et al.

E02-174. Donald E. McElhaney v. Director et al.

E02-175. Jessie W. Wright v. Director et al.

E02-176. J.D. Hill v. Director et al.