Arkansas Dep't of Human Servs. v. McDonald (Robbins, J.) CA02-216

Parent & child -- Dependency-neglect proceedings; unfitness not necessarily predicated on defendant causing direct injury to child; trial court's failure to adjudge children dependency neglected erroneous; case reversed & remanded. [HTML, WP5.1]

Chadwell v. State (Roaf, J.) CACR01-1331

Criminal law -- Sentencing; reversed & remanded where trial court did not have authority to require appellant to serve more than remainder of original sentence; affirmed in part where trial court did not lack authority to impose additional ten-year suspended sentence. [HTML, WP5.1]

Clements v. State (Roaf, J.) CACR02-448

Criminal law -- Appellant waived opportunity to challenge on appeal with respect to third-degree battery conviction; reversed & remanded for corrected judgment & resentencing. [HTML, WP5.1]

D'Arbonne Constr. Co. v. Foster (Pittman, J.) CA01-661

Damages -- Punitive-damages instruction; award of punitive damages proper; denial of appellant's motion for directed verdict as to punitive damages not error. [HTML, WP5.1]

East-Harding, Inc. v. Horace A. Piazza & Assoc. (Roaf, J.) CA01-1338

Contracts -- Indemnity; case settled without finding any party liable; appellee was responsible for approval of specification & design of project; any claim of negligent design of staircase would be directed at appellee or manufacturer; action for damages arising from professional services rarely excludes claims of professional negligence. [HTML, WP5.1]

Kelly v. State (Baker, J.) CACR01-278

Criminal law -- Psychiatric examination of defendant; trial court erred in not immediately suspending proceedings to allow for psychiatric evaluation; trial court's error in failing to give manslaughter instruction cured when jury convicted appellant of first-degree murder. [HTML, WP5.1]

Sanders v. Director (Griffen, J.) E02-204

Unemployment compensation -- Basis for Board of Review's decision unclear; appellate court unable to review basis for Board's decision. [HTML, WP5.1]

State v. Burger (Crabtree, J.) CA02-378

Parent & child -- Child support; elements of equitable estoppel not satisfied; appellant not barred from collecting accrued child- support arrearage. [HTML, WP5.1]

Thornton v. Director (Hart, J.) E02-165

Unemployment compensation -- Appellant left job due to fear for safety after being robbed at gunpoint; Board's finding that appellant did not have good cause to voluntarily leave her last work was not supported by substantial evidence. [HTML, WP5.1]

Wright v. State (Vaught, J.) CACR02-123

Criminal law -- Value of stolen property; owner's testimony sufficient to establish statutory value. [HTML, WP5.1]

Arkansas Okla. Gas Corp. v. Booth, CA 02-347 (Neal, J.), reversed and remanded in part; affirmed in part on direct appeal; affirmed on cross-appeal December 11, 2002. [HTML, WP5.1]

Bonham v. State, CA CR 02-444 (Hart, J.), affirmed December 11, 2002. [HTML, WP5.1]

Ciesielski v. State, CA CR 02-154 (Stroud, C.J.), affirmed December 11, 2002. [HTML, WP5.1]

Finkus v. Three Lakes Distrib., CA 02-337 (Vaught, J.), affirmed December 11, 2002. [HTML, WP5.1]

Hoggard v. Arkansas Dep't of Human Servs., CA 02-498 (Baker, J.), affirmed December 11, 2002. [HTML, WP5.1]

Jacko v. State, CA CR 02-260 (Neal, J.), affirmed December 11, 2002. [HTML, WP5.1]

Mickle v. DeQueen Reg. Med. Center, CA 02-241 (Bird, J.), affirmed December 11, 2002. [HTML, WP5.1]

Pennington v. State, CA CR 01-1352 (Crabtree, J.), affirmed as modified December 11, 2002. [HTML, WP5.1]

Pickens v. State, CA CR 02-153 (Bird, J.), affirmed December 11, 2002. [HTML, WP5.1]

Snell v. Foster, CA 02-218 (Stroud, C.J.), affirmed December 11, 2002. [HTML, WP5.1]

Davis-McField v. Director of Labor, E 02-207, December 11, 2002.

Edgin v. Director of Labor, E 02-203, December 11, 2002.

Jones v. Director of Labor, E 02-208, December 11, 2002.

May v. Director of Labor, E 02-210, December 11, 2002.

McNew v. Director of Labor, E 02-201, December 11, 2002.

Thomas v. Director of Labor, E 02-209, December 11, 2002.

Veysey v. Director of Labor, E 02-200, December 11, 2002.

Weaver v. Director of Labor, E 02-199, December 11, 2002.

Williams v. Director of Labor, E 02-211, December 11, 2002.

Winnett v. Director of Labor, E 02-205, December 11, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-154. Robert Steven Ciesielski v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Neal and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-218. Wayne Snell v. Garry Foster, from Craighead Circuit. Affirmed. Neal and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA01-661. D'Arbonne Construction Company, Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Affirmed. Robbins, Bird, Griffen, and Baker, JJ., agree. Stroud, C.J., Hart, Neal, and Roaf, JJ., dissent. (10 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-444. Tony F. Bonham, Jr. v. State of Arkansas, from Poinsett Circuit. Affirmed. Bird, J., agrees. Pittman, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-165. Mary A. Thornton v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Stroud, C.J., and Roaf, J., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-216. Arkansas Department of Human Services v. Celestine McDonald and Mark Jorden, from Jefferson Circuit. Reversed and Remanded. Griffen and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-153. Michael Glenn Pickens v. State of Arkansas, from Grant Circuit. Affirmed. Pittman and Hart, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-241. Clifford Mickle v. DeQueen Regional Medical Center, Transportation Insurance Company, and Second Injury Fund, from Workers' Compensation Commission. Affirmed. Pittman and Hart, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

E02-204. Ruby J. Sanders v. Director, Employment Security Department and Harry K. Dougherty, Inc., from Board of Review. Reversed and Remanded. Robbins and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-260. Jermaine Deangelo Jacko v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-347. Arkansas Oklahoma Gas Corporation v. Verda Edith Booth, from Crawford Circuit. Reversed and Remanded in Part; Affirmed in Part on Direct Appeal; Affirmed on Cross-Appeal. Stroud, C.J., and Baker, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-123. Earmon Wright v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, Robbins, Bird, and Neal, JJ., agree. Roaf, J., dissents. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-337. Michael Finkus v. Three Lakes Distributing, from Workers' Compensation Commission. Affirmed. Crabtree, J., agrees. Roaf, J., concurs. (6 PAGES + 2-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR01-1352. Tony Pennington v. State of Arkansas, from Crawford Circuit. Affirmed as Modified. Vaught and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-378. State of Arkansas, Office of Child Support Enforcement v. Eric R. Burger, from Faulkner Circuit. Reversed and Remanded. Jennings and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Reversed and Remanded. Robbins and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-498. Roy Hoggard v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1331. Ross Chadwell v. State of Arkansas, from Benton Circuit. Reversed and Remanded in Part; Affirmed in Part. Neal and Vaught, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CACR02-448. Charles Clements v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified; Remanded for Resentencing. Vaught and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA01-1338. East-Harding, Inc. and Robert East Company, Inc. v. Horace A. Piazza & Associates, from Pulaski Circuit. Reversed and Remanded. Hart and Robbins, JJ., agree. (9 PAGES 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).

E02-199. Angela R. Weaver v. Director et al.

E02-200. Deborah A. Veysey v. Director et al.

E02-201. Danny K. McNew v. Director et al.

E02-203. Patsy M. Edgin v. Director et al.

E02-205. Sharon L. Winnett v. Director et al.

E02-207. Rosetta Davis-McField v. Director et al.

E02-208. Ricky Jones v. Director et al.

E02-209. Valerie A. Thomas v. Director et al.

E02-210. Marylyn May v. Director et al.

E02-211. Willie Williams, Jr. v. Director et al.

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

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

CA02-171. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit.

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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 is granted. Allowed $700.00.

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

CACR01-1352. Tony Pennington v. State of Arkansas, from Crawford Circuit. Motion of James O. Cox for attorney's fees is granted. Allowed $1,000.00.

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

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to proceed in forma pauperis is denied without prejudice. See Rule 6-6(a).

CACR02-1163. Michael Bullard v. State of Arkansas, from Dallas Circuit. Appellant's motion to proceed in forma pauperis is denied without prejudice. See Rule 6-6(a).

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 the appellant, Debra Burchfield is granted.

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 the appellant, Debra Burchfield is granted.

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 is denied.

CA02-171. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' second 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 is denied.

CA02-733. Tony Quinn v. Arkansas Contractors Licensing Board, from Phillips Circuit. Appellant's pro se motion to file belated reply brief is granted. Brief due in fifteen days. Motion to remove is denied.

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

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

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

PETITIONS FOR REHEARING:

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

CA02-98. Cannon Remodeling & Painting, Inc. v. The Marketing Company, Inc., from Pulaski Circuit, Fourteenth Division.

E01-174. Superior Senior Care, Inc. v. Director et al., from Board of Review.

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CACR01-1308. Warren Doug Looney v. State of Arkansas, from Independence Circuit. Appellant's pro se motion for reinstatement of appeal.

CACR02-126. Michael Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Shane Roughley for attorney's fees.

CACR02-228. James E. Smith v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion to file pro se reply brief.

CACR02-771. Robert W. Schneider, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CACR02-820. Jackie Thorne v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal.

CACR02-918. Carl Wade Cousins v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to proceed pro se on appeal.

CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CACR02-1153. Tyrone Brown v. State of Arkansas, from Ashley Circuit. Appellant's motion to file belated brief and for brief time.

CA02-776. Angela L. Williams v. L. Chad Williams, from Miller Circuit. Appellant's motion for additional brief time.

CA02-989. Susan B. Connelly v. Charles W. Brosh et al., from Clark Circuit. Appellees' motion for costs.

CA02-993. Rebecca Chambers v. Gerald Davenport et ux., from Marion Circuit. Appellant's motion for additional brief time.

CA02-1118. William A. Cox v. Jane Merle Keahey et al., from Miller Circuit. Appellant's motion to stay brief time and remand to the trial court for further orders.

CA02-1254. Zackhary C. Geelhoed et al. v. CenturyTel of Central Arkansas LLC, from Randolph Circuit. Appellee's motion to dismiss appeal.

CA02-579. Glenn Fast v. Northtown Auto Sales, Inc., from Boone Circuit. Argued orally.

CACR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit.

CACR01-1114. Raymond A. Martinez v. State of Arkansas, from Lonoke Circuit.

CACR01-1335. John Frazer v. State of Arkansas, from Washington Circuit.

CACR02-44. Larry Sadler v. State of Arkansas, from Little River Circuit.

CACR02-226. Robert Earl Cherry v. State of Arkansas, from Drew Circuit.

CACR02-253. Alton Lavern Brunson v. State of Arkansas, from Arkansas Circuit, Southern District.

CACR02-262. Gary Wayne Strickland v. State of Arkansas, from Faulkner Circuit.

CACR02-267. Debra Ann Oliver v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-456. Angela Kowalski v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA02-40. Weldon N. Kissire et ux. v. Southwestern Bell Telephone Company et al., from Pulaski Circuit, Fifth Division.

CA02-147. Judi Tomlin v. Wal-Mart Stores, Inc., from Pulaski Circuit, Third Division.

CA02-237. Supersaver Wholesale Warehouse et al. v. Sherry M. Kivo, from Workers' Compensation Commission.

CA02-289. Elizabeth A. Tunnel v. Progressive Northern Insurance Company, from Washington Circuit.

CA02-504. Al Cash v. Jeff Styers, from Pulaski Circuit, Thirteenth Division.

CA02-526. Conley Transport v. Judy Vallor, from Workers' Compensation Commission.

CA02-542. Jennifer Jo Krumrey v. Joseph Still, from Benton Circuit.

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

E02-30. Arena Football League v. Director et al.

E02-52. Harold Finley v. Director et al.

E02-212. Donald W. Williams v. Director et al.

E02-213. Superior Industries International, Inc. v. Director et al.

E02-214. Kathy McDowell v. Director et al.

E02-216. George F. Leclerc v. Director et al.

E02-217. Debra Nolan v. Director et al.

E02-218. John M. Noud v. Director et al.

E02-219. Jeffrey T. Juel v. Director et al.

E02-220. Leantha J. Dwiggins v. Director et al.

E02-221. Sheila R. Magness v. Director et al.