Britton v. Gault (Vaught, J.) CA02-711

Parent & child -- Reversed & remanded for court to determine if appellee's consent was required under Ark. Code Ann. § 9-9-206(a). [HTML, WP5.1]

Climer v. State (Stroud, C.J.) CACR02-392

Criminal law -- Probation; statutory section authorizing additional period of confinement not applicable to appellant's situation; circuit court was deprived of jurisdiction to amend or modify sentence after it was placed into execution; reversed & dismissed. [HTML, WP5.1]

Statco Wireless, LLC v. Southwestern Bell Wireless, LLC (Robbins, J.) CA02-391

Covenants -- Covenants not to compete; appellee found to have vital interest in protecting appellant's customer list, agent compensation plans, and some bid proposals; appellee had protectible interest sufficient to warrant enforcement; covenant not overly broad; trade secrets; insufficient evidence of inevitable appropriation. [HTML, WP5.1]

Brown v. State, CA CR 02-502 (Pittman, J.), rebriefing ordered January 15, 2003. [HTML, WP5.1]

Cash v. Styers, CA 02-504 (Griffen, J.), affirmed January 15, 2003. [HTML, WP5.1]

Cooney v. State, CA CR 02-180 (Roaf, J.), affirmed January 15, 2003. [HTML, WP5.1]

Esquibel v. State, CA CR 01-862 (Neal, J.), affirmed January 15, 2003. [HTML, WP5.1]

Foley v. State, CA CR 02-132 (Stroud, C.J.), affirmed January 15, 2003. [HTML, WP5.1]

Hood v. State, CA CR 02-393 (Neal, J.), reversed and dismissed January 15, 2003. [HTML, WP5.1]

Phillips v. State, CA CR 02-454 (Crabtree, J.), affirmed January 15, 2003. [HTML, WP5.1]

Sawyer v. State, CA CR 02-270 (Griffen, J.), affirmed January 15, 2003. [HTML, WP5.1]

Smith v. State, CA CR 02-151 (Crabtree, J.), affirmed January 15, 2003. [HTML, WP5.1]

Whisenant, Sherrell Jean v. State, CA CR 01-1417 (Per Curiam), Appellant's Pro Se Motion to Reinstate Appeal and for Appointment of New Counsel granted January 15, 2003. [HTML, WP5.1]

Whisenant, Sherrell Jean v. State, CA CR 01-1418 (Per Curiam), Appellant's Pro Se Motion to Reinstate Appeal and for Appointment of New Counsel granted January 15, 2003. [HTML, WP5.1]

Williams v. State, CA CR 02-485 (Roaf, J.), affirmed January 15, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-132. John David Foley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Neal and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-392. Joshua Climer v. State of Arkansas, from Johnson Circuit. Reversed and Dismissed. Neal and Baker, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-502. Eric Brown v. State of Arkansas, from Garland Circuit. Rebriefing Ordered. Hart and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA02-391. Statco Wireless, LLC v. Southwestern Bell Wireless, LLC, from Pulaski Circuit, Sixteenth Division. Affirmed in Part as Modified; Reversed in Part. Stroud, C.J., Pittman, Hart, and Bird, JJ., agree. Griffen, J., dissents in part. (16 PAGES + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-270. Steven L. Sawyer v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-504. Al Cash v. Jeff Styers, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR01-862. Eric Esquibel v. State of Arkansas, from Garland Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-393. Troy Hood v. State of Arkansas, from Johnson Circuit. Reversed and Dismissed. Stroud, C.J., and Baker, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA02-711. Ruth Britton v. Kenneth Gault, from Faulkner Circuit. Reversed and Remanded. Crabtree and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-151. Frank Deshawn Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-454. Randy Phillips v. State of Arkansas, from Garland Circuit. Affirmed. Vaught and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-180. Roger A. Cooney v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-485. Earl Bernard Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Vaught and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

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

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CACR01-1417. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Appellant's pro se motion to reinstate appeal and for appointment of new counsel is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-1418. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Appellant's pro se motion to reinstate appeal and for appointment of new counsel is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-224. Steven Schultz v. State of Arkansas, from Jefferson Circuit. Appellee's motion for publication of opinion is denied. Griffen, J., would grant.

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 is denied.

CACR02-767. William Andrew Arnett v. State of Arkansas, from Benton Circuit. Appellant's motion for additional brief time is granted. Brief due in thirty days. Gladwin, Griffen, and Crabtree, JJ., would make this final extension.

CACR02-1012. Johnny W. Mann v. State of Arkansas, from Ashley Circuit. Appellant's motion for additional 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 for sixty days. Brief due March 15, 2003.

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 is granted. Kathy L. Hall is appointed to represent the appellant.

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 is granted.

CA01-365. Billie Tripp Nelson v. C.L. Miller, Administrator, from Stone Chancery. Appellee's motion for additional brief time pending bankruptcy is denied. Brief due in thirty days.

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 is granted.

CA02-957. Walter O'Dell v. Arkansas Department of Human Services, from Baxter Circuit. Appellee's motion to dismiss appeal and affirm the order of termination. Only motion to dismiss appeal is granted.

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 is granted. Remanded to the trial court to settle the record within thirty days; appellant's brief due thirty days thereafter.

The following cases are dismissed for failure to file briefs.

CA00-1091. Erwin L. Davis et al. v. Debbie Addison, from Searcy Chancery.

CA00-1277. Fulton Landfill, Inc. v. Jeff Hunter et al., from Benton Circuit.

CA00-1351. Rickie Lee Sites v. Sharon Marie Sites, from Logan Chancery, Southern District.

CA00-1370. Mary Williams et al. v. Bobby Thomas et al., from Lonoke Chancery.

PETITION FOR REHEARING:

CA02-311. Paul A. Culbreath and Julie Culbreath v. Majoria F. Deshazo et al., from Fulton Circuit.

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CACR02-9. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Motion of Blake Spears for attorney's fees.

CACR02-456. Angela Kowalski v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for extension of time to file petition for rehearing.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Appellant's pro se motion to file supplemental brief.

CACR02-578. Lenzy McCullough v. State of Arkansas, from Cross Circuit. Appellant's motion to set appeal bond.

CACR02-808. Michael Merritt v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time.

CACR02-1176. George Aydelotte v. State of Arkansas, from Conway Circuit. Appellant's motion to supplement abstract and for brief time.

CACR03-2. Michael D. McCammon v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for appointment of counsel.

CACR03-18. Cornellius Terre Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Andy O. Shaw to be relieved as counsel for appellant.

CA02-778. Charlotte Strickland v. Primex Technologies, from Workers' Compensation Commission. Appellant's motion for additional brief time.

CA02-980. James Hemund et al. v. Roy C. Tigue et al., from Montgomery Circuit. Appellants' motion to complete the record or, in the alternative, to settle the record.

CA02-1339. Lucretia Williams et al. v. Blissard Management & Realty, Inc., from Pulaski Circuit, Seventh Division. Appellants' motion for writ of certiorari to complete the record.

CA03-6. Ray Townsend Farms, Inc. et al. v. Marjorie T. Smith, from Monroe Circuit. Appellee's motion for declaration that trial court's order to show cause is collateral or supplemental to judgment or alternatively, motion for remand for hearing on order to show cause.

E02-239. Gloria J. Billings v. Director et al., from Board of Review. Appellees' motion to consolidate E02-370 with this appeal.

CA02-307. Donald E. Rhodes et ux. v. Charles Veith, from Benton Circuit. Argued orally.

CACR01-1342. Benny L. Hulsey v. State of Arkansas, from Benton Circuit.

CACR02-57. Undra Monta Singleton v. State of Arkansas, from Ashley Circuit.

CACR02-58. Roberto Daco Cabral v. State of Arkansas, from Benton Circuit.

CACR02-110. Roderick White v. State of Arkansas, from Howard Circuit.

CACR02-229. John Ransom v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR02-265. Frank Hilton v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR02-325. William Keith McDaniel v. State of Arkansas, from Cross Circuit.

CACR02-387. Raymond Earl Clampet v. State of Arkansas, from Benton Circuit.

CACR02-497. Dennis W. Williams v. State of Arkansas, from Ouachita Circuit.

CA01-1387. B.J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division.

CA01-1400. Rey Quiroga v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA02-243. Dan Utley v. The City of Dover, from Pope Circuit.

CA02-310. Wayne Buck v. C. W. Gillham, from Garland Circuit.

CA02-327. William L. Vereen et al. v. Mark Hargrove et ux., from Arkansas Circuit, Southern District.

CA02-408. Robert Derl Kohlman, III v. State of Arkansas, from Washington Circuit.

CA02-460. Kevin Dean Matthews v. Taja Lee Smith, from Boone Circuit.

CA02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit.

CA02-490. Ken Crenshaw et ux. v. Doubletree Corporation et al., from Pulaski Circuit, Fifth Division.

CA02-503. Richard H. Van Wagoner v. CUNA Mutual Group et al., from Sebastian Circuit, Fort Smith District.

CA02-535. Kuntrell Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CA02-559. Second Injury Fund v. Edmond P. Lewis et al., from Workers' Compensation Commission.

CA02-589. First National Bank of Lewisville v. Bank of Bradley, from Lafayette Circuit.

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

E02-64. Jerry R. Tatum v. Director et al.

E02-249. Hughie R. Stewart v. Director et al.

E02-250. Doris L. Daley v. Director et al.

E02-253. Pamella Faubion Fox v. Director et al.

E02-254. Danny K. Snyder v. Director et al.

E02-255. Judy A. Templeton v. Director et al.

E02-256. Janice M. Howard v. Director et al.

E02-257. William T. Parks v. Director et al.

E02-258. Dorothy J. Johnson v. Director et al.

E02-260. Cuncy Lee Dillard v. Director et al.

E02-261. Richard J. Riley, Jr. v. Director et al.

E02-262. Calvin Jacobs v. Director et al.

E02-263. Donald Lee Jackson v. Director et al.