Cherry v. State (Baker, J.) CACR02-226

Criminal law -- Simultaneous possession of drugs & firearms; sufficient evidence; possession of anhydrous ammonia in unlawful manner; sufficient evidence; possession of drug paraphernalia with intent to manufacture; sufficient evidence; possession of ephedrine with intent to manufacture; sufficient evidence; no error in trial court's denial of motion to suppress. [HTML, WP5.1]

Tunnel v. Progressive Northern Ins. Co. (Hart, J.) CA02-289

Insurance -- Injured party had no contact with insured vehicle until impact occurred not accorded status as occupant; deceased not insured under appellee policy. [HTML, WP5.1]

Brownfield v. State, CA CR 02-206 (Hart, J.), affirmed January 8, 2003. [HTML, WP5.1]

Gillespie v. State, CA CR 02-446 (Vaught, J.), affirmed January 8, 2003. [HTML, WP5.1]

Jones v. State, CA CR 02-474 (Baker, J.), affirmed January 8, 2003. [HTML, WP5.1]

Kissire v. Southwestern Bell Tel. Co., CA 02-40 (Crabtree, J.), dismissed January 8, 2003. [HTML, WP5.1]

Krumrey v. Still, CA 02-542 (Baker, J.), reversed and remanded January 8, 2003. [HTML, WP5.1]

Smith v. State, CA CR 02-228 (Hart, J.), affirmed January 8, 2003. [HTML, WP5.1]

Tillery, James Greg v. State, CA CR 02-285 (Robbins, J.), affirmed January 8, 2003. [HTML, WP5.1]

Tillery, James Greg v. State, CA CR 01-879 (Robbins, J.), affirmed January 8, 2003. [HTML, WP5.1]

Wallace v. State, CA CR 02-176 (Baker, J.), affirmed January 8, 2003. [HTML, WP5.1]

Dotson v. Director of Labor, E 02-225, January 8, 2003.

Fallen v. Director of Labor, E 02-228, January 8, 2003.

Goebel v. Director of Labor, E 02-230, January 8, 2003.

Hoggard v. Director of Labor, E 02-222, January 8, 2003.

Norwood v. Director of Labor, E 02-224, January 8, 2003.

Reed v. Director of Labor, E 02-223, January 8, 2003.

Smith v. Director of Labor, E 02-227, January 8, 2003.

Squires v. Director of Labor, E 02-226, January 8, 2003.

JOSEPHINE LINKER HART, JUDGE:

CACR02-206. Daniel Brownfield v. State of Arkansas, from Jackson Circuit. Affirmed. Pittman and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-228. James E. Smith v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-289. Elizabeth Tunnel, Administratrix of the Estate of Charles Emlet, Deceased v. Progressive Northern Insurance Company, from Washington Circuit. Affirmed. Bird, J., agrees. Pittman, J., concurs. (5 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-879. James Greg Tillery and Patsy Tillery v. State of Arkansas, from Pope Circuit. Affirmed. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-285. James Greg Tillery v. State of Arkansas, from Pope Circuit. Affirmed. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-446. Jason Brian Gillespie v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA02-40. Weldon N. Kissire and Patsy R. Kissire v. Southwestern Bell Telephone Company and Fox Construction Corporation, from Pulaski Circuit. Dismissed. Vaught and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-176. Clyde Wallace v. State of Arkansas, from Garland Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-226. Robert Earl Cherry v. State of Arkansas, from Drew Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CACR02-474. Joyce Renee Jones v. State of Arkansas, from Mississippi Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-542. Jennifer Jo Krumrey v. Joseph Still, from Benton Circuit. Reversed and Remanded. Stroud, C.J., and Neal, J., agree. (9 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).

E02-222. 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.

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

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

CA02-51. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Public Service Commission. Hart, J., would grant.

CA02-241. Clifford Mickle v. DeQueen Regional Medical Center, Transportation Insurance Company, and Second Injury Fund, from Workers' Compensation Commission.

CA02-337. Michael L. Finkus v. Three Lakes Distributing, from Workers' Compensation Commission.

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CACR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion requesting re-issuance of scheduling order is denied. Griffen, J., not participating.

CACR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Motion of Robert L. Herzfeld, Jr., for attorney's fees is granted. Allowed $1,200.00.

CACR01-1330. Larry L. Egbert v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $900.00.

CACR02-96. James Nichols v. State of Arkansas, from Pope Circuit. Motion of William M. Pearson for attorney's fees is granted. Allowed $1,000.00.

CACR02-206. Daniel Brownfield v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney' s fees is granted. Allowed $750.00.

CACR02-334. Melvin C. Hobbs v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees is granted. Allowed $900.00.

CACR02-474. Joyce Renee Jones v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of John H. Bradley for attorney's fees is granted. Allowed $800.00.

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

CACR02-845. Marion Lynn Renfroe v. State of Arkansas, from White Circuit. Appellant's motion for additional brief time is granted.

CACR02-970. Maurice London v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to supplement and correct the record and for brief time is granted. Brief due February 7, 2003.

CACR02-973. Wesley Britt, Jr. v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's petition for writ of certiorari to complete the record and for stay of brief time is granted. Writ returnable in thirty days. Brief due thirty days thereafter. Griffen, J., not participating.

CACR02-1177. Tynisha Campbell Manor v. State of Arkansas, from White Circuit. Appellant's motion to stay briefing schedule is granted.

CACR02-1233. Victoria Tilmon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Robert E. Irwin to be relieved as counsel for appellant and to appoint John Stratford as counsel is granted. Brief due February 24, 2003.

CA02-194. James Nash v. Marianna Warehouse et al., from Workers' Compensation Commission. Appellant's pro se motion to stay the time to file a motion for reconsideration is denied.

CA02-297. Lionel Haynes and Robert Lester v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Benjamin D. Hooten for attorney's fees is granted. Allowed $800.00.

CA02-632. Bank of America, N.A. v. C. D. Smith Motor Company, Inc., from Jefferson Circuit. Appellee/Cross-Appellant's motion for oral argument is denied. Bird and Roaf, JJ., not participating.

CA02-685. Mary Dawn May Carver v. Paul Jared May, from Sebastian Circuit, Greenwood District. Appellee's motion to file belated brief is granted.

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

CA02-789. Jon R. Sanford v. Sherry W. Sanford, from Pope Circuit. Appellee's motion for additional time to respond to substituted brief is granted.

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 is denied.

CA02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission, from Jefferson Circuit. Appellants' motion for additional brief time is granted. Griffen, J., would deny. Neal and Roaf, JJ., not participating.

CA02-946. Waldron Nursing Center, Inc. v. Arkansas Department of Human Services, Office of Long Term Care, from Pulaski Circuit, Second Division. Appellant's motion to strike portions of appellee's brief is denied. Neal, J., not participating.

CA02-1138. Erma Redding v. J. Thaddeus Beck, M.D. et al., from Washington Circuit. Appellant's pro se motion to file nonconforming brief is denied.

CA02-1142. Estate of Eula Thurman et al. v. Forest Healthcare, Inc. et al., from Howard Circuit. Appellee/Cross-Appellants' motion to recall mandate and set briefing schedule is granted. Griffen, J., not participating.

CA02-1276. Lori S. Stubbs v. Darrell Stubbs, from Independence Circuit. Appellant's amended motion to complete the record and for brief time is granted. Brief due in forty-five days.

CA02-1373. Richard Henley et al. v. Leon Britton et ux., from Faulkner Circuit. Appellants' motion to supplement brief is denied.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellees' motion to consolidate E02-357 with this appeal is granted.

E02-365. Alice Swindle v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

PETITION FOR REHEARING:

CA02-347. Arkansas Oklahoma Gas Corporation v. Verda Edith Booth, from Crawford Circuit.

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CACR02-236. Billy Lemans Edwards v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR02-377. Danny Harris v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR02-419. Edward C. Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion for attorney to file amended appellant's brief.

CACR02-421. Lashauna A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR02-455. Randy Phillips v. State of Arkansas, from Garland Circuit. Motion of Kimberly Bosshart for attorney's fees.

CACR02-500. Gary Tolbert v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of William O. "Bill" James, Jr. for attorney's fees.

CACR02-541. Derrick Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees.

CACR02-554. James M. Honeycutt v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees.

CACR02-767. William Andrew Arnett v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time.

CACR02-1012. Johnny W. Mann v. State of Arkansas, from Ashley Circuit. Appellant's motion for additional brief time.

CACR02-1055. Brian Curtis McGhee v. State of Arkansas, from Grant Circuit. Appellant's motion to stay briefing schedule.

CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Motion of Jay Scholtens to withdraw as counsel for appellant and to appoint substitute counsel.

CACR02-1161. Michael James Wicker v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin to be substituted as counsel for appellant and for brief time.

CA02-682. James E. Turner, Jr. et al. v. Dr. James E. Turner et al., from Scott Circuit. Appellants' motion for addendum in reply brief.

CA02-1286. John E. Atkins v. Bob Fewell et al., from Pulaski Circuit, Twelfth Division. Appellant's motion to correct the record and for modification of the briefing schedule.

CACR02-146. Leon Henderson, III v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-158. Clemon Jennings v. State of Arkansas, from Monroe Circuit.

CACR02-236. Billy Lemans Edwards v. State of Arkansas, from Union Circuit.

CACR02-376. Harold Troup v. State of Arkansas, from Crittenden Circuit.

CACR02-421. Lashauna A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-441. Thomas Brown, Jr. v. State of Arkansas, from Crittenden Circuit.

CACR02-455. Randy Phillips v. State of Arkansas, from Garland Circuit.

CACR02-500. Gary Tolbert v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-519. Travis Hollins v. State of Arkansas, from Ashley Circuit.

CACR02-541. Derrick Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CACR02-554. James M. Honeycutt v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-580. Richard L. Cheshire v. State of Arkansas, from Polk Circuit.

CA01-1125. Thomas F. Randles et ux. v. Billy Eugene Cole et ux., from Benton Circuit.

CA01-1189. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit.

CA01-1192. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit.

CA01-1415. Apollo Coating RCS, Inc. et al. v. Brookridge Funding Corporation, from Benton Circuit.

CA02-42. Doris Ross et al. v. Orval Ray Jones et al., from Conway Circuit.

CA02-374. The Riley Family Revocable Trust v. Guy Hoisington et ux., from Benton Circuit.

CA02-399. Bill J. Bishop et ux. v. City of Fayetteville, Arkansas et al., from Washington Circuit.

CA02-473. Dave French v. Doyle Webb, from Saline Circuit.

CA02-480. Marqueta Miller v. The Kroger Company et al., from Faulkner Circuit.

CA02-529. Leslie Rich Vestal v. Gary Lawson, from Ashley Circuit.

CA02-646. Elyorna M. Smith v. Ken L. Smith, from Arkansas Circuit, Southern District.

CA02-653. Jane Collins et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

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

E02-233. Alexander L. Callaway v. Director et al.

E02-234. Jeffrey F. Cooper v. Director et al.

E02-235. Maurice A. Walker v. Director et al.

E02-236. Carole L. Edwards v. Director et al.

E02-237. Linda S. Griffin v. Director et al.

E02-238. Marcus D. Shepherd v. Director et al.

E02-240. Laura K. Adams v. Director et al.

E02-241. Carl E. Terry v. Director et al.

E02-242. Nazaree Johnson v. Director et al.

E02-243. Linda M. Williams v. Director et al.

E02-244. Ronda R. Turner v. Director et al.

E02-245. Odell Kennedy, Jr. v. Director et al.