Arkansas Dep't of Human Servs. v. Haen (Robbins, J.) CA02-365
Administrative law & procedure -- Requisite findings not made; substantial evidence did not support agency decisions; appellate counsel's post hoc rationalizations not accepted on appeal. [HTML, WP5.1]
Hill v. State (Robbins, J.) CACR02-700
Criminal procedure -- Failure to comply with Ark. R. Crim. P. 24.3(b); appellate court lacked jurisdiction & dismissed appeal. [HTML, WP5.1]
In Re: Estate of Garrett v. Garrett (Griffen, J.) CA02-170
Wills -- Sufficient proof of decedent's testamentary capacity & freedom from undue influence presented; error in trial court's not finding procurement rendered harmless; attorney-in-fact acted only as messenger to carry out decedent's instructions; attorney-in-fact did not make decedent's will. [HTML, WP5.1]
In Re: Three Pieces of Property (Vaught, J.) CA02-223
Forfeiture -- Strong nexus between one property & drug activity; property subject to forfeiture under Ark. Code Ann. § 5-64-505(a)(7); remaining properties purchased with proceeds & profits traceable to drug trafficking activities in violation of Uniform Controlled Substances Act; properties subject to forfeiture under Ark. Code Ann. § 5-64-505(a)(6). [HTML, WP5.1]
Jackson v. Jackson (Roaf, J.) CA02-539
Process -- Warning order; decree reversed & dismissed where appellee failed to comply with provisions of Ark. R. Civ. P. 4. [HTML, WP5.1]
Marbley v. State (Stroud, C.J.) CACR02-689
Criminal law -- Kidnapping; appellant restrained victim without her consent prior to rape; kidnapping conviction affirmed. [HTML, WP5.1]
Office of Child Support Enfcm't v. King (Bird, J.) CA02-481
Parent & child -- Child support; finding that earlier failure to pursue alleged arrearages acted as bar by res judicata to appellants' later motion for judgment & collection of arrearages. [HTML, WP5.1]
Peterson v. State (Neal, J.) CACR02-761
Automobiles -- DWI; conviction supported by substantial evidence; conviction for violating implied-consent law affirmed; sentence exceeded maximum allowed under Ark. Code Ann. § 5-65-111(b)(4); sentence illegal on its face; appellant's sentence modified. [HTML, WP5.1]
Timmons v. State (Griffen, J.) CACR02-657
Criminal law -- Appellant received probation & fine; trial court had jurisdiction to revoke probation; sentence imposed after revocation of probation not illegal; precedent inapplicable. [HTML, WP5.1]
Tomlin v. Wal-Mart Stores, Inc. (Bird, J.) CA02-147
Judgment -- Judgment notwithstanding verdict; trial court did not err in granting appellee's motion where evidence was insufficient to prove appellant's allegations of negligence; trial court did not err in refusing to give spoliation instruction. [HTML, WP5.1]
Abels v. Copelin, CA 02-718 (Crabtree, J.), affirmed March 12, 2003. [HTML, WP5.1]
Arkansas Health Group v. Rochelle, CA 02-728 (Roaf, J.), reversed and remanded March 12, 2003. [HTML, WP5.1]
Autozone, Inc. v. Biles, CA 02-818 (Crabtree, J.), reversed March 12, 2003. [HTML, WP5.1]
Brown, Curtis v. State, CA CR 02-424 (Hart, J.), affirmed March 12, 2003. [HTML, WP5.1]
Brown, Rodney v. State, CA CR 02-773 (Baker, J.), affirmed March 12, 2003. [HTML, WP5.1]
C.C. v. State, CA 02-466 (Pittman, J.), affirmed March 12, 2003. [HTML, WP5.1]
Campbell v. State, CA CR 02-574 (Robbins, J.), affirmed March 12, 2003. [HTML, WP5.1]
Clark v. State, CA CR 02-975 (Per Curiam), Appellee's Motion to Dismiss Appeal stayed; show cause issued March 12, 2003. [HTML, WP5.1]
Franklin v. State, CA CR 02-323 (Roaf, J.), affirmed March 12, 2003. [HTML, WP5.1]
Fulmer v. State, CA CR 02-932 (Per Curiam), Appellee's Motion to Dismiss Appeal stayed; show cause issued March 12, 2003. [HTML, WP5.1]
Justice Furniture, Inc. v. Cameron, CA 02-679 (Hart, J.), affirmed March 12, 2003. [HTML, WP5.1]
Lovell v. State, CA CR 02-726 (Stroud, C.J.), reversed and dismissed March 12, 2003. [HTML, WP5.1]
Lyman v. Ivy, CA 02-722 (Neal, J.), affirmed March 12, 2003. [HTML, WP5.1]
Maverick Tube Corp. v. Winters, CA 02-716 (Vaught, J.), affirmed March 12, 2003. [HTML, WP5.1]
McKee Foods Corp. v. Christie, CA 02-986 (Baker, J.), affirmed March 12, 2003. [HTML, WP5.1]
Price v. State, CA CR 02-436 (Pittman, J.), affirmed March 12, 2003. [HTML, WP5.1]
Ray v. State, CA CR 02-472 (Gladwin, J.), affirmed March 12, 2003. [HTML, WP5.1]
TDS Erectors, Inc. v. Estes, CA 02-727 (Crabtree, J.), dismissed March 12, 2003. [HTML, WP5.1]
Young v. State, CA CR 02-934 (Per Curiam), Appellee's Motion to Dismiss Appeal stayed; show cause issued March 12, 2003. [HTML, WP5.1]
JOHN F. STROUD, JR., CHIEF JUDGE:
CACR02-689. Kenneth Nolnor Marbley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Neal and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CACR02-726. Charles Lovell v. State of Arkansas, from Arkansas Circuit. Reversed and Dismissed. Neal and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN MAUZY PITTMAN, JUDGE:
CACR02-436. Vernon E. Price v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Robbins and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-466. C. C. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR02-424. Curtis Brown v. State of Arkansas, from Nevada Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-679. Justice Furniture, Inc. v. Brenda Cameron, from Jackson Circuit. Affirmed. Pittman and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR02-472. Shannon Ray v. State of Arkansas, from Mississippi Circuit. Affirmed. Pittman and Hart, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR02-574. Floyd Campbell v. State of Arkansas, from Hempstead Circuit. Affirmed. Bird and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR02-700. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Appeal Dismissed. Bird, J., agrees. Griffen, J., concurs. (7 PAGES + 8-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CA02-365. Arkansas Department of Human Services v. Merle Haen, from Craighead Circuit, Western District. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CA02-147. Judi Tomlin v. Wal-Mart Stores, Inc., from Pulaski Circuit. Affirmed. Vaught, Crabtree, and Roaf, JJ., agree. Pittman and Hart, JJ., dissent. (13 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CA02-481. Office of Child Support Enforcement, Leslie M. King Pevelko v. Charles W. King, from Pulaski Circuit. Reversed and Remanded. Robbins and Griffen, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR02-657. Leo Timmons v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA02-170. Joni Garrett Hart v. Carolynne J. Garrett and Richard Larry Garrett, from Washington Circuit. Affirmed. Robbins and Bird, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR02-761. Jack Jay Peterson, Jr. v. State of Arkansas, from Washington Circuit. Affirmed as Modified. Stroud, C.J., and Vaught, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA02-722. Amanda Beatrice Lyman and Christopher Paul Lyman v. Tracey E. Ivy, from Washington Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA02-223. In Re: Three Pieces of Property Located in Monticello, Arkansas, from Drew Circuit. Affirmed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Stroud, C.J., and Neal, J., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
CA02-716. Maverick Tube Corporation v. Angela M. Winters, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Neal, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CA02-718. Mary Abels and Gerald Abels v. Cleo Copelin, Huey Ladon Copelin, and Wayne Copelin, from Polk Circuit. Affirmed. Baker and Roaf, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-727. TDS Erectors, Inc., Henry Electrical Contractors, Inc., and Liberty Supply, Inc. v. Jerry Estes and Estes Construction Company, from Lafayette Circuit. Dismissed. Baker and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-818. Autozone, Inc., Employer's Insurance of Wausau, and Liberty Mutual Insurance Company v. Beth A. Biles, from Workers' Compensation Commission. Reversed. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR02-773. Rodney Brown v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-986. McKee Foods Corporation and Risk Management Resources v. Claudine Christie, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR02-323. Darryl Wayne Franklin v. State of Arkansas, from Pulaski Circuit. Affirmed. Crabtree and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CA02-539. Anthony Jackson v. Elizabeth Tatum Jackson, from Lonoke Circuit. Reversed and Dismissed. Crabtree and Baker, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
CA02-728. Arkansas Health Group v. Joe Rochelle, M.D., from Lonoke Circuit. Reversed and Remanded. Crabtree and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
PETITION FOR REHEARING: Petition for Rehearing was denied today in the following case.
CACR02-229. John Ransom v. State of Arkansas, from Pulaski Circuit, Fifth Division.
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CACR02-932. David Wayne Fulmer v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal is stayed. Show cause issued. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal is stayed. Show cause issued. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CACR02-975. Mario Clark v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is stayed. Show cause issued. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Appellant's motion to file belated brief and for brief time is granted.
CACR02-1121. Peter Zenofon Nikolakakis v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal is granted.
CACR03-54. Gwendolyn Rikard v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to consolidate this appeal with CACR03-59, for change of attorney and for brief time is granted. Crabtree, J., would deny motion to consolidate.
CA02-1383. Christina Harris v. Kerry Ozment, M.D., from Saline Circuit. Appellant's motion to file belated brief and for brief time is granted.
CA03-41. Lakesha Hall v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellant's motion to file belated brief and for brief time is granted.
CA03-152. Robert Samuel Moore v. M. Elaine Moore et al., from Pope Circuit. Appellant's motion for additional brief time is granted. Brief due in sixty days.
PETITIONS FOR REHEARING:
CA02-207. Mary Remington v. John T. Roberson, from Lonoke Probate.
CA02-517. Herbert Marshall v. Madison County, from Workers' Compensation Commission.
CA02-609. Doris Reilly v. Clayton Homes, from Workers' Compensation Commission.
CA02-659. Katrina Skelton v. Washington Regional Medical Center, from Workers' Compensation Commission.
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CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to relieve counsel and motion to require counsel to provide copy of transcript.
CACR02-692. Jason Todd Phipps v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.
CACR02-1001. Glenn E. George v. State of Arkansas, from Garland Circuit. Appellant's motion for additional brief time.
CACR02-1012. Johnny Mann v. State of Arkansas, from Ashley Circuit. Appellant's motion for additional brief time.
CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal.
CACR02-1224. Paul Henry Pennebaker and Jeremy Bearden v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal.
CACR02-1224. Paul Henry Pennebaker and Jeremy Bearden v. State of Arkansas, from Conway Circuit. Appellant's motion to file belated brief and for brief time.
CACR03-51. Melchizedek Shabazz v. State of Arkansas, from Nevada Circuit. Motion of Brian Trubitt to be substituted as counsel for appellant.
CA02-1074. Anthony Nesterenko, D.C. v. Arkansas Board of Chiropractic Examiners, from Pulaski Circuit, Seventh Division. Appellee's motion to supplement the record and for brief time.
CA02-1118. William A. Cox, Administrator v. Jane Merle Keahey, from Miller Circuit. Appellant's motion for temporary stay of proceedings.
CA02-1311. E-Ton Dynamics Industrial Corporation v. Michie Hall, from Greene Circuit. Appellant's motion for extension of time to file supplemental record.
CA02-1348. Lawhon Farm Services, Inc. v. Robert L. Mason, from Workers' Compensation Commission. Appellant's motion to file belated reply brief.
CA03-24. Clifford Allen v. Muriel Allison et al., from Crittenden Circuit. Appellant's motion to correct the record and for brief time.
E03-60. Deborah Ann Bunch v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.
CACR02-319. Eugene Fields v. State of Arkansas, from Crawford Circuit. Argued orally.
CA02-827. Dorothy Ehlebracht v. James Dailey, from Pulaski Circuit, Twelfth Division. Argued orally.
CACR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit.
CACR02-383. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit.
CACR02-432. Darren Gates v. State of Arkansas, from Crittenden Circuit.
CACR02-493. James Lloyd Poyner v. State of Arkansas, from Washington Circuit.
CACR02-648. Tony Orlando Pace v. State of Arkansas, from Ouachita Circuit.
CACR02-715. Haywood Miller v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR02-724. Edward Moore and Tammy Moore v. State of Arkansas, from Garland Circuit.
CACR02-913. James Dowden, Sr. v. State of Arkansas, from Marion Circuit.
CACR02-940. Allen Lampkin v. State of Arkansas, from Pulaski Circuit, First Division.
CACR02-967. Michael Frank Wilson v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CA02-298. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit.
CA02-457. Patrick Shane Reeves et ux. v. Scott Arnold et ux., from Crawford Circuit.
CA02-575. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division.
CA02-598. Jeff Broadston et ux. v. Gary Parsons et ux., from Benton Circuit.
CA02-644. Dana Fountain Hershman v. William Fountain, Jr., from Mississippi Circuit, Osceola District.
CA02-677. Ronald Schrader v. Bruce Schrader et al., from Saline Circuit.
CA02-694. Rebecca Ross v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.
CA02-746. James M. Mason v. America A. Mason Hood, from White Circuit.
CA02-772. Garrett Sheets v. Dollarway School District, from Jefferson Circuit.
CA02-832. Debra L. Burnett v. Philadelphia Life Insurance Company, from Conway Circuit.
CA02-966. Scott Dewayne Schantz v. Darlene Marie Schantz, from Scott Circuit.
The following cases are appeals from the Arkansas Board of Review.
E02-355. Zabbra Lee Glover v. Director et al.
E02-356. Jo Ann Marshall v. Director et al.
E02-358. Meghan Gore v. Director et al.
E02-359. Herbert F. Businger v. Director et al.
E02-360. Winnie Maxine Allen v. Director et al.
E02-361. Chris L. Paschall v. Director et al.
E02-362. Michael L. Hill v. Director et al.
E02-363. DeJarnette L. Nelson v. Director et al.
E02-364. Martha O'Neal v. Director et al.
E02-366. Alan K. Escoe, Jr. v. Director et al.
E02-367. Roy L. Williams v. Director et al.
E02-368. James C. Sloan v. Director et al.