Belcher v. Belcher (Per Curiam) CA02-1014

New trial --Matter remanded to decide appellant's motion; appeal held in abeyance. [HTML, WP5.1]

Johnson v. State (Neal, J.) CACR01-1015

Criminal law -- Rape; conviction supported by substantial evidence; existence of forcible compulsion depends on whether act is consummated against victim's will. [HTML, WP5.1]

King v. Director (Robbins, J.) E02-190

Unemployment compensation -- Appellant had good-faith belief that his record had been expunged & did not make it with intent to deceive; Board's decision denying benefits reversed. [HTML, WP5.1]

Reeves v. State (Bird, J.) CACR02-122

Search & seizure -- Pat-down search at valid traffic stop justified; trial court's finding not clearly against preponderance of evidence; officer justified in conducting protective frisk. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Sands (Pittman, J.) CA02-163

Workers' compensation -- Appellee injured while advancing appellant's interests; appellee was performing employment services at time she was injured; injury established by medical evidence supported by objective findings; findings of Commission not in error. [HTML, WP5.1]

Ward v. Williams (Griffen, J.) CA01-1209

Courts -- Mandate; Trial court implemented both letter & spirit of mandate; no conflict between appellate & supreme court opinions concerning contract information trial court considered testimony of both parties; decision not clearly erroneous. [HTML, WP5.1]

Ambrose v. Arkansas Dep't of Human Servs., CA 02-639 (Neal, J.), affirmed December 4, 2002. [HTML, WP5.1]

Brand v. Arkansas Dep't of Human Servs., CA 02-363 (Neal, J.), affirmed December 4, 2002. [HTML, WP5.1]

Davis v. State, CA CR 02-406 (Robbins, J.), affirmed December 4, 2002. [HTML, WP5.1]

Egbert v. State, CA CR 01-1330 (Pittman, J.), affirmed December 4, 2002. [HTML, WP5.1]

Elmore v. State, CA CR 02-193 (Stroud, C.J.), affirmed December 4, 2002. [HTML, WP5.1]

Holden v. Manning, CA 02-351 (Vaught, J.), affirmed December 4, 2002. [HTML, WP5.1]

Jones v. Mast, CA 02-117 (Hart, J.), affirmed December 4, 2002. [HTML, WP5.1]

Prairie Farms Dairy, Inc. v. Foote, CA 02-268 (Bird, J.), affirmed December 4, 2002. [HTML, WP5.1]

RMP Rentals, LLC v. Metroplex, Inc., CA 02-326 (Griffen, J.), dismissed December 4, 2002. [HTML, WP5.1]

Sanders v. Department of Human Servs., CA 02-630 (Stroud, C.J.), affirmed December 4, 2002. [HTML, WP5.1]

Schultz v. State, CA CR 02-224 (Crabtree, J.), affirmed December 4, 2002. [HTML, WP5.1]

Shultz v. State, CA CR 02-230 (Hart, J.), affirmed December 4, 2002. [HTML, WP5.1]

Throckmorton v. State, CA CR 01-1393 (Roaf, J.), affirmed December 4, 2002. [HTML, WP5.1]

Brooks v. Director of Labor, E 02-198, December 4, 2002.

Carter v. Director of Labor, E 02-194, December 4, 2002.

Freels v. Director of Labor, E 02-189, December 4, 2002.

Gideon v. Director of Labor, E 02-195, December 4, 2002.

Owen v. Director of Labor, E 02-191, December 4, 2002.

Perry v. Director of Labor, E 02-193, December 4, 2002.

Pullins v. Director of Labor, E 02-197, December 4, 2002.

Thompson v. Director of Labor, E 02-196, December 4, 2002.

Wesson v. Director of Labor, E 02-188, December 4, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-193. Charles Sammiel Elmore v. State of Arkansas, from Benton Circuit. Affirmed. Hart and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-630. Ritha Joy Sanders and Gene Sanders v. Department of Human Services, from Lonoke Circuit. Affirmed. Hart and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-1330. Larry Egbert v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-163. Wal-Mart Stores, Inc. v. Rebecca Sands, from Workers' Compensation Commission. Affirmed. Neal, J., agrees. Griffen, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-230. John Leslie Shultz v. State of Arkansas, from Washington Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-117. Lori Franziska Mast Jones v. Michael Dale Mast, from Washington Circuit. Affirmed. Stroud, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-406. Johnny Lee Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Vaught and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-190. Michael L. King v. Director, Employment Security Department and Pulaski County Special School District, from Board of Review. Reversed. Vaught and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-122. Douglas Reeves v. State of Arkansas, from Pope Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA02-268. Prairie Farms Dairy, Inc. and Crawford & Company v. Garlan L. Foote, from Workers' Compensation Commission. Affirmed. Jennings and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA01-1209. Harold L. (Bud) Ward and Linda Ward v. James R. Williams, from Saline Circuit. Affirmed. Stroud, C.J., Bird and Crabtree, JJ., agree. Hart and Roaf, JJ., dissent. (7 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-326. RMP Rentals, LLC, d/b/a RMP Developments, Inc. v. Metroplex, Inc. and Bobby Joe Williams, from Sebastian Circuit. Dismissed. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-1015. Kedron Johnson v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, Robbins, Bird, and Vaught, JJ., agree. Roaf, J., concurs. (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CA02-363. Kerry Brand v. Arkansas Department of Human Services, from Pope Circuit. Affirmed. Pittman and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-639. Donna Ambrose v. Arkansas Department of Human Services, from Conway Circuit. Affirmed. Pittman and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-351. Brenda Holden v. Bobby Manning, from Union Circuit. Affirmed. Robbins and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-224. Steven Schultz v. State of Arkansas, from Jefferson Circuit. Affirmed. Jennings and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1393. Lance Throckmorton v. State of Arkansas, from White Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 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).

E02-188. Timothy E. Wesson v. Director et al.

E02-189. Keith A. Freels v. Director et al.

E02-191. John F. Owen v. Director et al.

E02-193. Stan W. Perry, Jr. v. Director et al.

E02-194. Isaiah Carter v. Director et al.

E02-195. Wilbern D. Gideon v. Director et al.

E02-196. Annie B. Thompson v. Director et al.

E02-197. RaShonda D. Pullins v. Director et al.

E02-198. Sharon S. Brooks v. Director et al.

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

CA01-1360. Eddie Buie v. Certain Underwriters at Lloyds of London, from Jefferson Circuit. Pittman and Vaught, JJ., would grant.

CA02-185. Peterrie Transportation Services, Inc. v. George Thurmond, from St. Francis Circuit.

CA02-211. Little Rock Electrical Contractors, Inc. v. Entergy Corporation, from Pulaski Circuit, Fifth Division.

E02-161. Brenda Jackson Turner v. Director et al., from Board of Review.

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

CACR01-925. Steven Ray Abshure v. State of Arkansas, from Lonoke Circuit. Motion of Edgar R. Thompson to be relieved as counsel for appellant is granted.

CACR01-1015. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Bill Luppen for attorney's fees is granted. Allowed $1,200.00. Stroud, C.J., not participating.

CACR01-1199. Fredrick Delaney v. State of Arkansas, from Scott Circuit. Motion of Michael L. Allison for attorney's fees is granted. Allowed $1,000.00.

CACR01-1247. Joe Glenn Boblett v. State of Arkansas, from Boone Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR01-1342. Benny L. Hulsey v. State of Arkansas, from Benton Circuit. Appellant's pro se motion for transcript is denied. Motion for brief is moot.

CACR02-491. Shauna Day v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted. Griffen and Neal, JJ., would make this final extension.

CACR02-497. Dennis W. Williams v. State of Arkansas, from Ouachita Circuit. Appellant's pro se motion for stay of proceedings is denied.

CACR02-578. Lenzy McCullough v. State of Arkansas, from Cross Circuit. Appellant's motion to file belated brief is granted. Brief due in thirty days.

CACR02-920. Michael J. Venis v. State of Arkansas, from Benton Circuit. Appellant's motion for extraordinary time for reporter to prepare the record is granted for ninety days.

CACR02-996. Ralph Nelson Wells v. State of Arkansas, from Drew Circuit. Motion of Jeff Rosenzweig to be substituted as counsel for appellant and for brief time is granted.

CACR02-1055. Brian Curtis McGhee v. State of Arkansas, from Grant Circuit. Appellant's motion to stay briefing schedule is granted. Brief due in thirty days.

CACR02-1121. Peter Nikolakakis v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of James R. Rhodes III to withdraw as counsel for appellant is granted.

CACR02-1132. Daniel Ray Ruffin v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Dennis R. Molock to be relieved as counsel for appellant is granted. Richard H. Young is appointed to represent the appellant.

CA01-365. Billie Tripp Nelson v. C.L. Miller, from Stone Chancery. Appellee's motion for additional brief time is granted. Brief due in thirty days. Robbins, Bird, Neal, Crabtree, and Baker, JJ., would grant for sixty days.

CA02-14. Crooked Creek, III, Inc. v. City of Greenwood et al., from Sebastian Circuit, Greenwood District. Appellant's motion for costs on appeal is transferred to the Supreme Court.

CA02-59. Old Republic Insured Financial Acceptance Corporation v. Odis Williams et al., from Pulaski Circuit, Third Division. Appellant's motion to release supersedeas bond is granted.

CA02-142. Westside High School et al. v. Glenda Patterson, from Workers' Compensation Commission. Appellee's pro se motion to forego costs on mandate is granted.

CA02-264. Lisa Martin v. Ronald Martin, from Drew Circuit. Appellant's motion for reconsideration of denial of attorney's fees is denied.

CA02-363. Kerry Brand v. Arkansas Department of Human Services, from Pope Circuit. Appellee's motion to file belated brief is denied. See opinion this date.

CA02-515. James Douglas Dunham v. Mike Doyle et al., from Washington Circuit. Appellees' motion to stay briefing schedule and to remand to settle the record is granted. Trial court to settle the record within sixty days. Brief due in ninety days.

CA02-1014. Janice Belcher v. John Russell Belcher, from Garland Circuit. Appellant's motion to file motion for new trial is granted. See per curiam this date. Robbins, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1117. William K. Williams, P.T. v. Arkansas State Board of Physical Therapy, from Jefferson Circuit. Motion of Bobby D. McCallister to be substituted as counsel for appellant and for new briefing schedule is granted. Brief due in sixty days.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellant's motion to strike answer of Board of Review is granted. Neal, J., not participating.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellees' motion to consolidate E02-289, E02-329, and E02-331 with this appeal is granted. Neal, J., not participating.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellant's motion to stay briefing schedule is granted. Briefing schedule stayed for sixty days. Neal, J., not participating.

The following case is dismissed for failure to file briefs.

CA02-592. Nora M. Waye v. Philip Kimery et ux., from Garland Circuit.

PETITION FOR REHEARING:

CA02-115. Joe and Margaret Whisenhunt v. First State Bank of Conway, from Faulkner Circuit.

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

CACR00-1192. Charles Cannon v. State of Arkansas, from Mississippi Circuit, Osceola District. Renewed and amended motion of S. Lance Cox for attorney's fees.

CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Appellant's motion to supplement addendum and file substituted brief.

CACR01-1351. Lloyd Callie v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of James O. Cox for attorney's fees.

CACR01-1352. Tony Pennington v. State of Arkansas, from Crawford Circuit. Motion of James O. Cox for attorney's fees.

CACR02-692. Jason Todd Phipps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to proceed in forma pauperis.

CACR02-1163. Michael Bullard v. State of Arkansas, from Dallas Circuit. Appellant's motion to proceed in forma pauperis.

CACR02-1191. Timothy Burchfield and Debra Burchfield v. State of Arkansas, from Drew Circuit. Motion of David L. Chambers to be substituted as counsel for appellant, Debra Burchfield.

CACR02-1191. Timothy Burchfield and Debra Burchfield v. State of Arkansas, from Drew Circuit. Motion of the Warren Law Firm to be relieved as counsel for appellant, Debra Burchfield.

CA02-68. Loretta Judkins et al. v. Heather Judkins Hoover, from Pulaski Circuit, Seventeenth Division. Appellee's motion to strike appellants' reply brief.

CA02-171. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion for immediate temporary stay of appellate proceedings pending decision on Rule 60 (c) motions to vacate and set aside.

CA02-171. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion for immediate stay of appellate proceedings and for issuance of an order granting leave to the trial courts to rule on the petitioners' pending Rule 60 (c) motions to vacate and set aside.

CA02-733. Tony Quinn v. Arkansas Contractors Licensing Board, from Phillips Circuit. Appellant's pro se motion to file belated reply brief and motion to remove.

CA02-789. Jon R. Sanford v. Sherry W. Sanford, from Pope Circuit. Appellant's motion to file enlarged brief.

CA02-1014. Janice Belcher v. John Russell Belcher, from Garland Circuit. Motion of William R. Wisely to withdraw as counsel for appellee.

CA02-1024. Inona Pittman v. Donald Simpson, from Arkansas Circuit, Southern District. Appellee's motion to dismiss appeal.

CA02-1143. Mark Harness v. Buddy Curtis, from Pulaski Circuit, Second Division. Motion of Patrick J. Benca and Wilson & Associates to be relieved as counsel for appellee.

CA02-391. STATCO Wireless, LLC v. Southwestern Bell Wireless, LLC, from Pulaski Circuit, Sixteenth Division. Argued orally.

CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit.

CACR01-1430. Terry Dixon-Bey v. State of Arkansas, from Faulkner Circuit.

CACR02-111. Angelo Ganaway v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-377. Danny Harris v. State of Arkansas, from Crittenden Circuit.

CACR02-459. Henry Everett Ambrose, Jr. v. State of Arkansas, from Polk Circuit.

CA02-186. James C. Morgan v. Logan Oil Company et al., from Workers' Compensation Commission.

CA02-269. Regina Adams Scroggins v. Clay Adams, from Bradley Circuit.

CA02-333. Michael Keith Behrens v. Cindy Behrens, from Benton Circuit.

CA02-342. Bobbie Holland v. Stephen Lefler, M.D., from White Circuit.

CA02-362. Wendy's et al. v. Donna Chamness, from Workers' Compensation Commission.

CA02-400. Danny Barnard v. TTC Illinois, Inc., from Workers' Compensation Commission.

CA02-401. Carroll Drymon et al. v. Shirley Drymon Miller, from Benton Circuit.

CA02-425. Superior Pontiac Cadillac Isuzu et al. v. Larry L. Brown, from Workers' Compensation Commission.

CA02-499. Anthony Guarino v. Kroger, from Workers' Compensation Commission.

CA02-711. Ruth Britton v. Kenneth Gault, from Faulkner Circuit.