Bailey v. State (Vaught, J.) CA02-438

Mental health -- Conditional release; trial court's decision not clearly erroneous. [HTML, WP5.1]

Cumming v. Putnam Realty, Inc. (Stroud, C.J.) CA02-293

Contracts -- Lease & commission agreements; trial court did not err in construing. [HTML, WP5.1]

George v. State (Neal, J.) CA02-258

Criminal law -- Trial court's decision clearly erroneous where record did provide basis for conditional release; reversed & remanded for entry of order for appellant's conditional release. [HTML, WP5.1]

Green v. State (Baker, J.) CACR02-320

Criminal procedure -- Delay in first appearance was necessary to record preliminary confession; no error in trial court's refusal to suppress custodial statement. [HTML, WP5.1]

Harris v. State (Griffen, J.) CACR02-377

Criminal law -- Revocation occurred after probationary term had expired & where appellant had not been arrested during probation period for matters relating to his probation; circuit court did not have jurisdiction to revoke appellant's probation. [HTML, WP5.1]

Magee v. Director (Jennings, J.) E01-293

Unemployment compensation -- Salary reduced by eleven percent; good cause for quitting not found. [HTML, WP5.1]

Robbins v. State (Baker, J.) CA02-340

Parent & child -- Order failed to make written findings as required by statute; evidence did not support findings that were made; grant of permanent custody to third party reversed. [HTML, WP5.1]

Wunderlich v. Alexander (Jennings, J.) CA02-250

Adoption -- Setting aside adoption decree beyond one-year period; appellants had never taken custody of child; trial court's decision setting aside adoption decree not clearly erroneous; finding that fraud practiced on court not clearly erroneous. [HTML, WP5.1]

Ambrose v. State, CA CR 02-459 (Vaught, J.), affirmed December 18, 2002.] [HTML, WP5.1]

Barnard v. TTC Ill., Inc., CA 02-400 (Bird, J.), affirmed December 18, 2002. [HTML, WP5.1]

Behrens v. Behrens, CA 02-333 (Stroud, C.J.), reversed and remanded December 18, 2002. [HTML, WP5.1]

Crockett v. State, CA CR 01-1379 (Griffen, J.), affirmed December 18, 2002. [HTML, WP5.1]

Dixon-Bey v. State, CA CR 01-1430 (Roaf, J.), affirmed December 18, 2002. [HTML, WP5.1]

Drymon v. Miller, CA 02-401 (Baker, J.), affirmed December 18, 2002. [HTML, WP5.1]

Ganaway v. State, CA CR 02-111 (Robbins, J.), affirmed December 18, 2002. [HTML, WP5.1]

Guarino v. Kroger, CA 02-499 (Neal, J.), affirmed December 18, 2002. [HTML, WP5.1]

Haynes v. State, CA 02-297 (Griffen, J.), affirmed December 18, 2002. [HTML, WP5.1]

Merez v. Squire Ct. Ltd. Partnership, CA 02-82 (Robbins, J.), substituted opinion on grant of rehearing December 18, 2002. [HTML, WP5.1]

Morgan v. Logan Oil Co., CA 02-186 (Pittman, J.), affirmed December 18, 2002. [HTML, WP5.1]

Nichols v. State, CA CR 02-96 (Pittman, J.), affirmed December 18, 2002. [HTML, WP5.1]

Pachl v. State, CA CR 01-1300 (Crabtree, J.), reversed and remanded December 18, 2002. [HTML, WP5.1]

Superior Pontiac Cadillac Isuzu v. Brown, CA 02-425 (Roaf, J.), affirmed December 18, 2002. [HTML, WP5.1]

Terry v. State, CA CR 00-897 (Crabtree, J.), affirmed December 18, 2002. [HTML, WP5.1]

Wendy's v. Chamness, CA 02-362 (Crabtree, J.), affirmed in part; remanded in part December 18, 2002. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CA02-293. Mike Cumming, Mizan Rahman, and M & M Properties v. Putnam Realty, Inc., from Pulaski Circuit, Sixth Division. Affirmed. Hart, Robbins, Vaught, and Baker, JJ., agree. Roaf, J., dissents. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-333. Michael Keith Behrens v. Cindy Behrens, from Benton Circuit. Reversed and Remanded. Neal and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-96. James Nichols v. State of Arkansas, from Pope Circuit. Affirmed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-186. James C. Morgan v. Logan Oil Company, from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

CA02-250. Gerhard Wunderlich and Nanett Wunderlich v. Rebecca Sue Alexander, from Hempstead Circuit. Affirmed. Pittman, Bird, and Roaf, JJ., agree. Griffen, J., concurs. Hart, Robbins, Neal, and Vaught, JJ., dissent. (10 PAGES + 4-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

E01-293. John Ashley Magee v. Director, Employment Security Department, from Board of Review. Affirmed. Pittman, Robbins, Bird, Neal, and Vaught, JJ., agree. Hart, Griffen, and Roaf, JJ., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-111. Angelo Ganaway v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-400. Danny Barnard v. TTC Illinois, Inc. and Credit General Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman and Hart, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1379. David Crockett v. State of Arkansas, from Clark Circuit. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-377. Danny Harris v. State of Arkansas, from Crittenden Circuit. Reversed and Dismissed. Robbins and Bird, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-297. Lionel Haynes and Robert Lester v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA02-258. Cathy George v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. Robbins, Vaught, and Roaf, JJ., agree. Pittman and Bird, JJ., concur in part and dissent in part. (4 PAGES + 6-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CA02-499. Anthony Guarino v. Kroger, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Baker, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-459. Henry Everett Ambrose, Jr. v. State of Arkansas, from Polk Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-438. Edward Lee Bailey v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman, Bird, and Neal, JJ., agree. Robbins and Roaf, JJ., dissent. (4 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR00-897. Walter Terry v. State of Arkansas, from Phillips Circuit. Affirmed. Vaught and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1300. Ronald B. Pachl v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Bird, J., agrees. Jennings, J., concurs. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-362. Wendy's and ITT Hartford v. Donna Chamness, from Workers' Compensation Commission. Affirmed in Part; Remanded in Part. Vaught and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-320. James Earl Green v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-340. Heather Robbins v. State of Arkansas, from Washington Circuit. Reversed. Hart, Jennings, and Vaught, JJ., agree. Neal and Roaf, JJ., concur. Stroud, C.J., Griffen, and Crabtree, JJ., dissent. (6 PAGES + 1-PAGE CONCURRENCE + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-401. Carroll Drymon et al. v. Shirley Drymon Miller, from Benton Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1430. Terry Dixon-Bey v. State of Arkansas, from Faulkner Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-425. Superior Pontiac Cadillac Isuzu and Risk Management Resources, Inc. v. Larry L. Brown, from Workers' Compensation Commission. Affirmed. Vaught and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA02-82. Nigel Merez and Ormond Marshall v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division. See substituted opinion this date. Pittman and Bird, JJ., dissent. (6 PAGES + 3-PAGE DISSENT UNPUBLISHED) [HTML, WP5.1]

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

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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CACR02-126. Michael Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Shane Roughley for attorney's fees is granted. Allowed $1,000.00.

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

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

CACR02-820. Jackie Thorne v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is denied. Pittman, J., would grant.

CACR02-918. Carl Wade Cousins v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is denied. Appellant's motion to file belated brief is granted.

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

CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal is denied. Attorney to file brief within thirty days. Crabtree, J., would grant. Roaf, J., would require response to motion to dismiss within thirty days.

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal is denied. Attorney to file brief within thirty days. Crabtree, J., would grant. Roaf, J., would require response to motion to dismiss within thirty days.

CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is denied. Attorney to file brief within thirty days. Crabtree, J., would grant. Roaf, J., would require response to motion to dismiss within thirty days.

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

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

CA02-902. Cleo Hall v. Summit Contractors, Inc. et al., from Pulaski Circuit, Sixth Division. Appellant's motion to reinstate appeal is denied. See Daniel v. State, 64 Ark. App. 98, 100, 983 S.W.2d 146, 147 (1998); Arkansas Dep't of Human Servs. v. Shipman, 25 Ark. App. 247, 253, 756 S.W.2d 930, 933 (1988). Roaf, J., would grant.

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

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

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

CA02-1254. Zackhary C. Geelhoed et al. v. CenturyTel of Central Arkansas LLC, from Randolph Circuit. Appellee's motion to dismiss appeal is denied. Griffen, J., not participating.

CACR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion requesting re-issuance of scheduling order.

CACR02-125. Michael Reeves v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of B. Dale West to be appointed as counsel for appellant and for brief time.

CACR02-127. Jerry Lee Frazier v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR02-180. Roger A. Cooney v. State of Arkansas, from Pulaski Circuit, First Division. Motion of James E. Hensley, Jr. for attorney's fees.

CACR02-206. Daniel Brownfield v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney' s fees.

CACR02-334. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees.

CACR02-454. Randy Lee Phillips v. State of Arkansas, from Garland Circuit. Motion of Martin J. Patterson for attorney's fees.

CACR02-474. Joyce Renee Jones v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of John H. Bradley for attorney's fees.

CACR02-868. Eric Gaines v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief and for brief time.

CACR02-1201. Fredrick Lee Smith v. State of Arkansas, from Jefferson Circuit. Appellant's petition for writ of certiorari to complete the record.

CA02-54. Benita Rouw v. Trio Transportation, Inc., from Workers' Compensation Commission. Appellee's motion to remand.

CA02-540. O. F. Duffield v. Conseco Finance Service Corporation, from Benton Circuit. Appellant's motion for additional brief time.

CA02-851. Tracy Badger Anderson v. Ardella Roller, from Pulaski Circuit, Seventh Division. Appellant's motion to bar Hartford Insurance Company from filing a brief.

CA02-1146. Delora D. Cullum v. Jim Harris & Associates, from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA02-1321. Mary K. Mikel v. Sunlite Casual Furniture et al., from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript.

CA02-1321. Mary K. Mikel v. Sunlite Casual Furniture et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal.

E02-347. Sharon Davis v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

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.

CACR02-31. Patrick Eugene Allen v. State of Arkansas, from Crittenden Circuit.

CACR02-127. Jerry Lee Frazier v. State of Arkansas, from Union Circuit.

CACR02-132. John David Foley v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-138. Ricky Wright v. State of Arkansas, from Garland Circuit.

CACR02-151. Frank Deshawn Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-176. Clyde Wallace v. State of Arkansas, from Garland Circuit.

CACR02-180. Roger Cooney v. State of Arkansas, from Pulaski Circuit, First Division.

CACR02-187. Lacy Lee Sutton v. State of Arkansas, from Garland Circuit.

CACR02-206. Daniel A. Brownfield v. State of Arkansas, from Jackson Circuit.

CACR02-228. James E. Smith v. State of Arkansas, from Jefferson Circuit.

CACR02-270. Steven L. Sawyer v. State of Arkansas, from Pulaski Circuit, First Division.

CACR02-285. James Greg Tillery v. State of Arkansas, from Pope Circuit.

CACR02-392. Joshua Climer v. State of Arkansas, from Johnson Circuit.

CACR02-393. Troy Hood v. State of Arkansas, from Johnson Circuit.

CACR02-446. Jason Brian Gillespie v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-454. Randy Phillips v. State of Arkansas, from Garland Circuit.

CACR02-474. Joyce Renee Jones v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR02-485. Earl Bernard Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-502. Eric Brown v. State of Arkansas, from Garland Circuit.

CACR02-633. Dion Eugene Bowman v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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

E02-222. James D. Hoggard v. Director et al.

E02-223. Ronda Reed v. Director et al.

E02-224. Brenda J. Norwood v. Director et al.

E02-225. Beulah Dotson v. Director et al.

E02-226. David Squires v. Director et al.

E02-227. Beverly A. Smith v. Director et al.

E02-228. Heather Fallen v. Director et al.

E02-229. Marcus W. Murray v. Director et al.

E02-230. Lorena M. Goebel v. Director et al.

E02-231. Dodd Meadows v. Director et al.

E02-232. William H. Hayes v. Director et al.