Arkansas Okla. Gas Corp. v. Director (Jennings, J.) E02-04

Employment security -- Loss of union privileges does not provide good cause for rejecting job & does not render offered employment unsuitable; remanded for decision on suitability issue. [HTML, WP5.1]

Frazer v. State (Stroud, C.J.) CACR01-1335

Motions -- Motion to suppress; denial not clearly erroneous under totality-of-circumstances analysis; Arrest outside territorial jurisdiction; authority extended when officer followed appellant out of one city & made stop in another. [HTML, WP5.1]

Hisaw v. State Farm Mut. Auto. Ins. Co. (Pittman, J.) CA01-1101

Insurance -- Causal connection found between motorist's use of van & appellant's injuries; injuries inflicted by underinsured vehicle; summary judgment to appellee on appellant's personal insurance reversed; appellant's injuries arose out of operation, maintenance, or use of underinsured vehicle. [HTML, WP5.1]

Oliver v. Director (Griffen, J.) E02-85

Unemployment compensation -- Appellant's absenteeism did not amount to misaconduct; payment of benefits ordered. [HTML, WP5.1]

Strickland v. State (Robbins, J.) CACR02-262

Search & seizure -- Officer's search valid; appellant had apparent authority to consent to search. [HTML, WP5.1]

Alexander v. Director, E 02-192 (Griffen, J.), reversed and remanded December 23, 2002. [HTML, WP5.1]

Brunson v. State, CA CR 02-253 (Pittman, J.), affirmed December 23, 2002. [HTML, WP5.1]

Conley Transport v. Vallor, CA 02-526 (Stroud, C.J.), remanded December 23, 2002. [HTML, WP5.1]

Culbreath v. Deshazo, CA 02-311 (Pittman, J.), reversed and remanded December 23, 2002. [HTML, WP5.1]

Fast v. Northtown Auto Sales, Inc., CA 02-579 (Neal, J.), affirmed on direct appeal; affirmed on cross-appeal December 23, 2002. [HTML, WP5.1]

Kowalski v. State, CA CR 02-456 (Roaf, J.), affirmed December 23, 2002. [HTML, WP5.1]

Looney v. State, CA CR 01-1308 (Per Curiam), Appellant's Pro Se Motion for Reinstatement of Appeal granted December 23, 2002. [HTML, WP5.1]

Martin v. State, CA CR 01-1072 (Hart, J.), affirmed December 23, 2002. [HTML, WP5.1]

Oliver v. State, CA CR 02-267 (Vaught, J.), affirmed December 23, 2002. [HTML, WP5.1]

Sadler v. State, CA CR 02-44 (Neal, J.), affirmed December 23, 2002. [HTML, WP5.1]

Scroggins v. Adams, CA 02-269 (Hart, J.), reversed and remanded December 23, 2002. [HTML, WP5.1]

Smith v. Cholousky, CA 02-272 (Griffen, J.), affirmed December 23, 2002. [HTML, WP5.1]

Supersaver Wholesale Warehouse v. Kivo, CA 02-237 (Pittman, J.), affirmed December 23, 2002. [HTML, WP5.1]

Arena Football League v. Director of Labor, E 02-30, December 23, 2002.

Dwiggins v. Director of Labor, E 02-220, December 23, 2002.

Finley v. Director of Labor, E 02-52, December 23, 2002.

Juel v. Director of Labor, E 02-219, December 23, 2002.

Leclerc v. Director of Labor, E 02-216, December 23, 2002.

Magness v. Director of Labor, E 02-221, December 23, 2002.

McDowell v. Director of Labor, E 02-214, December 23, 2002.

Nolan v. Director of Labor, E 02-217, December 23, 2002.

Noud v. Director of Labor, E 02-218, December 23, 2002.

Superior Indus. Int'l v. Director of Labor, E 02-213, December 23, 2002.

Williams v. Director of Labor, E 02-212, December 23, 2002.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR01-1335. John Frazer v. State of Arkansas, from Washington Circuit. Affirmed. Neal and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA02-526. Conley Transport v. Judy Vallor, from Workers' Compensation Commission. Remanded. Neal and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-253. Alton Lavern Brunson v. State of Arkansas, from Arkansas Circuit, Southern District. Affirmed. Hart and Bird, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA01-1101. Glenn and Elizabeth Hisaw v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., and Robbins, J., agree. Bird, Crabtree, and Baker, JJ., concur in part and dissent in part. (9 PAGES + 4-PAGE CONCURRENCE/DISSENT + 2-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CA02-237. Supersaver Wholesale Warehouse v. Sherry M. Kivo, from Workers' Compensation Commission. Affirmed. Hart and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-311. Paul A. Culbreath and Julie Culbreath v. Majoria F. Deshazo et al., from Fulton Circuit. Reversed and Remanded. Griffen and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit. Affirmed. Pittman and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-269. Regina Adams Scroggins v. Clay Adams, from Bradley Circuit. Reversed and Remanded. Pittman and Bird, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN E. JENNINGS, JUDGE:

E02-04. Arkansas Oklahoma Gas Corporation v. Director, Employment Security Department and Delores Y. Gross, from Board of Review. Reversed and Remanded. Pittman, Robbins, Bird, Vaught, and Roaf, JJ., agree. Hart, Griffen, and Neal, JJ., dissent. (10 PAGES + 2-PAGE DISSENT + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-262. Gary Wayne Strickland v. State of Arkansas, from Faulkner Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-272. Darren O. Smith and Bill White Volkswagen-Audi, Inc. v. Kevin M. Cholousky and Tonya R. Williams, from Crawford Circuit. Affirmed. Pittman and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

E02-85. Imogene I. Oliver v. Director, Employment Security Department and Tyson Foods, from Board of Review. Reversed and Remanded. Stroud, C.J., Robbins, Bird, Neal, and Baker, JJ., agree. Pittman, Hart, and Roaf, JJ., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

E02-192. Glenn E. Alexander v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-44. Larry Sadler v. State of Arkansas, from Little River Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-579. Glenn Fast v. Northtown Auto Sales, Inc.; Fred Gibson; and Robbie Gibson from Boone Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Stroud, C.J., and Baker, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-267. Debra Ann Oliver v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-456. Angela Kowalski v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (2 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).

E02-30. 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 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.

CACR01-1308. Warren Doug Looney v. State of Arkansas, from Independence Circuit. Appellant's pro se motion for reinstatement of appeal is granted. See per curiam this date. Hart and Roaf, JJ., would not refer to the Committee. Baker, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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 is granted.

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

CACR02-1201. Fredrick Lee Smith v. State of Arkansas, from Jefferson Circuit. Appellant's petition for writ of certiorari to complete the record is granted. Remanded to the trial court to settle the record within 45 days. Appellant's brief due in 75 days.

CA02-54. Benita Rouw v. Trio Transportation, Inc., from Workers' Compensation Commission. Appellee's motion to remand is granted. Appellee to file a status report with this Court within sixty days.

CA02-540. O. F. Duffield v. Conseco Finance Service Corporation, from Benton Circuit. Appellant's motion for additional brief time is granted. Crabtree, J., not participating.

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 is granted. Remanded to the trial court to settle the record within 45 days. Appellant's brief due in 75 days.

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

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 is denied.

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

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

The following case is dismissed for failure to file briefs.

CA02-1000. Jimmie Steele v. Virginia Insurance Reciprocal, from Pulaski Circuit, Third Division.