Addington v. Wal-Mart Stores, Inc. (Hart, J.) CA02-626

Torts -- Outrage; appellee's conduct did not go beyond all bounds of decency; false-light invasion of privacy claim; summary judgment upheld; defamation inquiry concerning pallet; summary judgment affirmed; negligent supervision; summary judgment affirmed. [HTML, WP5.1]

Hawkins v. State (Baker, J.) CACR02-169

Evidence -- Chain of custody; trial court did not err in admitting substance into evidence. [HTML, WP5.1]

Lampkin v. State (Pittman, J.) CACR02-940

Automobiles -- DWI; right to additional breathalyzer test & assistance under Ark. Code Ann. § 5-65-204(e); appellant passively uncooperative when taking test; finding that assistance offered appellant in obtaining another test was reasonable not clearly against preponderance of evidence. [HTML, WP5.1]

Lancaster v. State (Stroud, C.J.) CACR02-849

Search & seizure -- Motion to suppress properly denied; warrant validly issued; judicial officer's authorization to issue warrant not limited. [HTML, WP5.1]

McCarley v. Smith (Pittman, J.) CA02-537

Trusts -- Evidence supported imposition of constructive trust but relief granted by trial court inconsistent; reversed & remanded for chancellor to fashion relief consistent with facts. [HTML, WP5.1]

Wesley v. Estate of Bosley (Crabtree, J.) CA02-901

Gifts -- Inter vivos gift not proven; judge erred in applying law of gifts; decedent had little contact with appellants; finding that confidential relationship existed clearly erroneous; judge's finding that appellants fraudulently induced decedent to add his sisters' names to bank accounts was not clearly erroneous; clean-hands doctrine applied; no abuse of discretion found. [HTML, WP5.1]

Williams v. Brown's Sheet Metal (Gladwin, J.) CA02-428

Workers' compensation -- Denial of claim for benefits affirmed; substantial basis for decision; exclusion from record of deposition of appellant's medical witness; error cured by law judge's consideration of deposition upon remand. [HTML, WP5.1]

Barnes v. State, CA CR 00-1472 (Neal, J.), affirmed April 23, 2003. [HTML, WP5.1]

Berger-Nielsen v. Nielsen, CA 02-831 (Neal, J.), affirmed April 23, 2003. [HTML, WP5.1]

Brady v. Hall, CA 02-889 (Vaught, J.), affirmed April 23, 2003. [HTML, WP5.1]

Campbell v. State, CA CR 02-896 (Crabtree, J.), affirmed April 23, 2003. [HTML, WP5.1]

City of Jonesboro v. Marshall, CA 02-1112 (Griffen, J.), affirmed April 23, 2003. [HTML, WP5.1]

Crowder v. State, CA CR 01-795 (Vaught, J.), reversed and dismissed April 23, 2003. [HTML, WP5.1]

Doyle v. State, CA CR 01-367 (Robbins, J.), affirmed April 23, 2003. [HTML, WP5.1]

Escandon v. State, CA CR 01-1249 (Pittman, J.), affirmed April 23, 2003. [HTML, WP5.1]

Fredericks v. Fredericks, CA 02-891 (Roaf, J.), affirmed April 23, 2003. [HTML, WP5.1]

Lyons v. C. Bean Transport, Inc., CA 02-1045 (Gladwin, J.), affirmed April 23, 2003. [HTML, WP5.1]

Porter v. State, CA 02-1052 (Roaf, J.), affirmed April 23, 2003. [HTML, WP5.1]

Preston v. State, CA CR 02-882 (Pittman, J.), affirmed April 23, 2003. [HTML, WP5.1]

Thompson v. State, CA CR 02-561 (Bird, J.), affirmed April 23, 2003. [HTML, WP5.1]

Turner v. Northwest Arkansas Neurosurgery Clinic, P.A., CA 03-208 (Per Curiam), Appellant's Motion for Release of Sealed Transcript and for Brief Time granted April 23, 2003. [HTML, WP5.1]

Walters v. Arkansas Dep't of Human Servs., CA 02-1227 (Robbins, J.), affirmed April 23, 2003. [HTML, WP5.1]

Washington v. Arkansas Dep't of Human Servs., CA 02-924 (Griffen, J.), affirmed April 23, 2003. [HTML, WP5.1]

Williams v. State, CA CR 02-982 (Hart, J.), affirmed April 23, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-849. Diana Lancaster and Michael Kehn v. State of Arkansas, from Stone Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Robbins and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-882. Robert Edward Preston v. State of Arkansas, from Bradley Circuit. Affirmed. Robbins and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-940. Allen Lampkin v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Robbins and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-537. Wayne McCarley v. Rachael Smith, from Polk Circuit. Reversed and Remanded. Robbins and Vaught, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-982. Randy Edward Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-626. Gene Addington v. Wal-Mart Stores, Inc., from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Griffen and Baker, JJ., agree. (18 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-428. Neil D. Williams v. Brown's Sheet Metal/CNA Insurance Company, from Workers' Compensation Commission. Affirmed. Pittman, Robbins, Bird and Griffen, JJ., agree. Hart, J., dissents. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA02-1045. Lynn Lyons v. C. Bean Transport, Inc. and Compensation Managers, Inc., from Workers' Compensation Commission. Affirmed. Neal and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR01-367. Jan Clifton Doyle v. State of Arkansas, from Crittenden Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1227. Chrisshannon Walters, Cecil Walters, and Cliff Phillips v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Stroud, C.J., and Crabtree, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-561. Betty Thompson v. State of Arkansas, from Union Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA02-924. Edna Washington v. Arkansas Department of Human Services and Minor Children, from Jefferson Circuit, Juvenile Division. Affirmed. Robbins and Bird, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1112. City of Jonesboro and Gallagher Bassett Services v. Charles F. Marshall, from Workers' Compensation Commission. Affirmed. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR00-1472. Frank Barnes v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-831. Deborah Berger-Nielsen v. William Lee Nielsen, from Washington Circuit. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR01-795. Thomas N. Crowder, Jr. v. State of Arkansas, from Johnson Circuit. Reversed and Dismissed. Gladwin and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-889. James Bart Brady v. Susan Elizabeth Brady Hall, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-896. Jeannie Campbell v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-901. Willien Wesley, Mary Bosley, and Tommy Jones v. Estate of Joseph "Joe" Bosley, Deceased et al., from Pulaski Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-169. Jerry Hawkins v. State of Arkansas, from Hempstead Circuit. Affirmed. Pittman, Gladwin, Robbins and Bird, JJ., agree. Hart, Griffen, Crabtree and Roaf, JJ., dissent. (5 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CA02-891. Janice K. Fredericks v. Thomas W. Fredericks, from Benton Circuit. Affirmed. Pittman and Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1052. Jermaine Porter v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CA01-1189 and CA01-1192. Edmundo G. Rogers v. Cynthia A. Rogers, from Benton Circuit. Roaf, J., would grant.

CA02-546. Mark McGhee et ux. v. Jim Witcher et ux., from Pulaski Circuit, Thirteenth Division.

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CACR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Frank B. Newell for attorney's fees is granted. Allowed $750.00.

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's pro se motion for England reservation to be applied to the impending direct appeal is denied.

CACR02-518. Thomas Rice v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $750.00.

CACR02-522. Colin Patrick Shropshire v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.

CACR02-648. Tony Orlando Pace v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr. for attorney's fees is granted. Allowed $600.00.

CACR02-1080. Norman Gaines v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time is granted.

CACR02-1191. Timothy Burchfield v. State of Arkansas, from Drew Circuit. Appellant's pro se motion for transcript for Rule 37 proceedings is denied.

CACR02-1370. Richard Gaylord v. State of Arkansas, from Sebastian Circuit, Greenwood District. Appellant's motion to complete the record is granted. Record deemed supplemented. Appellee's motion for brief time is granted.

CACR03-231. Rodney Parker Owens v. State of Arkansas, from Benton Circuit. Appellant's petition for writ of certiorari to complete the record is granted. Brief due thirty days after supplemental record is filed. Gladwin, J., not participating.

CA02-591. Clarence L. Allen, Sr. v. Bertha Allen, from Pulaski Circuit, Seventeenth Division. Motion of Ellen Lester Reif for attorney's fees is denied.

CA02-1189. Jamai W. (Weber) Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division. Appellant's motion to strike appellee's abstract, or in the alternative, that appellee be precluded from attempting to tax costs of improper abstract upon appellant is passed until case is submitted. Neal and Roaf, JJ., would deny. Pittman, J., not participating.

CA03-208. Shelley S. Turner, Administratrix v. Northwest Arkansas Neurosurgery Clinic, P. A., from Washington Circuit. Appellant's motion for release of sealed transcript and for brief time is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-349. Development & Construction Management, Inc. v. City of North Little Rock, from Pulaski Circuit, Seventeenth Division. Appellee's motion to require posting of supersedeas for appeal is denied. Neal, J., not participating.

E03-101. Patricia Haynes v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal is denied.

PETITION FOR REHEARING:

CACR02-319. Eugene Fields v. State of Arkansas, from Crawford Circuit.

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CACR02-303. Edward Lewis, Jr. v. State of Arkansas, from Craighead Circuit, Western District. Motion of Val P. Price for attorney's fees.

CACR02-881. Eric Hicks v. State of Arkansas, from Chicot Circuit. Motion of Richard H. Young for attorney's fees.

CACR02-973. Wesley Britt, Jr. v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to strike appellant's supplemental brief.

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated supplemental record.

CA02-957. Walter O'Dell et al. v. Arkansas Department of Human Services, from Baxter Circuit. Appellants' motion to reopen and grant leave to file belated brief.

CA02-1065. Capitol Lakes Estates, LLC v. Oasis Renewal Center, Inc., from Pulaski Circuit, Fifteenth Division. Appellee's motion to dismiss appeal.

CA02-1072. Rosemarie Clampitt v. Starving Students, Inc., from Crittenden Circuit. Appellant's pro se motion for reconsideration of denial of motion for stay pending appeal.

CA03-120. Richard L. Preston et al. v. University of Arkansas for Medical Sciences et al., from Pulaski Circuit, Seventh Division. Appellants' motion for extension of time to file conforming brief.

CA03-172. Jeff C. Mays v. Donna Lee Mays Godwin, from Pulaski Circuit, Sixteenth Division. Appellant's motion to supplement the record and for release of sealed record.

CA03-357. Eplurivus West v. May Jo Williams et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to correct the record.

CA03-404. Thurman A. Hobbs et al. v. Lotsip, Inc., from Pulaski Circuit, Second Division. Appellants' motion for stay of enforcement of judgment pending appeal and approval of supersedeas.

E03-106. Tamekia Poole v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

CA02-427. NationsBanc Mortgage Corporation v. Alfred J. Hopkins, from Perry Circuit. Argued orally.

CA02-1137. BAAN, U.S.A. v. USA Truck, Inc., from Crawford Circuit. Argued orally.

CACR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit.

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit.

CACR02-800. Shirley Tyus v. State of Arkansas, from Faulkner Circuit.

CACR02-867. Stanley I. Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR02-911. James Ricky Glasgow v. State of Arkansas, from Hot Spring Circuit.

CACR02-918. Carl Wade Cousins v. State of Arkansas, from Washington Circuit.

CACR02-1198. Johnny Harold McClain v. State of Arkansas, from Crawford Circuit.

CA01-996. Linda L. King v. Baxter County Regional Hospital, from Workers' Compensation Commission.

CA02-390. George F. Pitt v. Nancy A. Lueck, from Benton Circuit.

CA02-707. George T. Ginsburg et al. v. Phyllis Ginsburg, from Garland Probate.

CA02-802. Arkansas Department of Human Services v. Ruth Jackson, from Pulaski Circuit, Eleventh Division.

CA02-865. Sharon Crain v. Naomi "Leomia" Winston Burns, from Faulkner Circuit.

CA02-879. Southern Personnel Management, Inc. v. Wagnon Shale Pit & Excavating, Inc., from Crawford Circuit.

CA02-890. Michael Morris v. Arkansas Department of Finance & Administration, Withholding Tax Branch, from Sevier Circuit.

CA02-892. Dependable Air Conditioning Company v. Thomas L. Ford, from Workers' Compensation Commission.

CA02-1065. Capitol Lakes Estates, LLC v. Oasis Renewal Center, Inc., from Pulaski Circuit, Fifteenth Division.

CA02-1084. City of Little Rock v. Richard Alan Hubbard, Jr., from Pulaski Circuit, First Division.

CA02-1187. Cloverleaf Express et al. v. Lyle Fouts, from Workers' Compensation Commission.

CA02-1236. St. Mary's Hospital v. Sandra Casso, from Workers' Compensation Commission.

CA02-1319. Ahki Hughes v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA02-1353. Tiffany Pifer v. Arkansas Department of Human Services, from Grant Circuit.

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

E03-13. Linda F. Rinner v. Director et al.

E03-14. Rebecca L. Harshberger v. Director et al.

E03-15. Toyna R. Mashburn v. Director et al.

E03-17. Shirley Davis v. Director et al.

E03-18. Todd E. Denison v. Director et al.

E03-19. Sharon K. Valdes v. Director et al.

E03-20. James E. Phillips v. Director et al.

E03-21. Pizza Inn of Hot Springs, Inc. v. Director et al.

E03-22. Sandbox Child Care v. Director et al.

E03-24. Premium Brands of NW Arkansas v. Director et al.

E03-25. Marilyn Miller v. Director et al.

E03-27. Past Times LLC v. Director et al.