Bristow v. State (Stroud, C.J.) CACR02-1109

Criminal procedure -- Ark. R. Crim. P. 24.3(b); appellate court without jurisdiction where appellant fails to strictly comply with rule; no indication of prosecutor's acquiescence to conditional plea; appeal dismissed. [HTML, WP5.1]

Costner v. Adams (Stroud, C.J.) CA02-721

Master & servant -- No proof that man was employed by appellant; appellant not liable for his actions under doctrine of respondeat superior; appellant aided & abetted battery; verdict in favor of appellees affirmed; appellant was accomplice to commission of manslaughter; breach of duty & causal connection established; verdict affirmed on negligence claim. [HTML, WP5.1]

Denton v. Pennington (Neal, J.) CA02-1033

Judgment -- Summary judgment; material question of fact remained; grant of summary judgment error; question remained as to whether maintenance persons conduct created assumption of maintenance by appellees. [HTML, WP5.1]

Dumas v. Tucker (Gladwin, J.) CA02-1020

Parent & child -- Child support; statutory requirements applicable in modification setting; award of tax exemption to noncustodial parent results in deviation from chart; trial court erred in making tax-exemption award without providing required findings or weighing benefits to parties; remanded. [HTML, WP5.1]

Dye, David M. v. State (Per Curiam) CACR02-921

Courts -- Record closed & put under seal. [HTML, WP5.1]

Dye, David M. v. State (Roaf, J.) CACR02-921

Criminal law -- Statute of limitations for rape extended by legislature; trial court did not err in denying appellant's motion to dismiss. [HTML, WP5.1]

Emerald Dev. Co. v. McNeill (Roaf, J.) CA02-1159

Constitutional law -- Federal preemption; trial court's action in ruling that appellant could not construct airport at present location was not preempted by federal law. [HTML, WP5.1]

Larry v. Grady Sch. Dist. (Neal, J.) CA02-719

Schools & school districts -- Wrongful discharge; absence of adequate record on appeal; case summarily affirmed. [HTML, WP5.1]

Tull v. State (Pittman, J.) CACR02-509

Evidence -- Other sexual offenses; pedophile exception; probative value outweighed danger of unfair prejudice; no error found. [HTML, WP5.1]

West v. State (Hart, J.) CACR02-927

Evidence -- Hearsay exception; trial court did not err in allowing introduction of testimony offered to explain why officers were investigating parked car. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Alcoholic Bev. Control Div. v. Bethell, CA 02-987 (Crabtree, J.), reversed and remanded on direct appeal; reversed on cross- appeal May 14, 2003. [HTML, WP5.1]

Anderson v. Roller, CA 02-851 (Vaught, J.), appeal dismissed May 14, 2003. [HTML, WP5.1]

Anthony v. State, CA CR 02-505 (Vaught, J.), affirmed May 14, 2003. [HTML, WP5.1]

Arkansas Dep't of Human Servs. v. Jackson, CA 02-802 (Neal, J.), affirmed May 14, 2003. [HTML, WP5.1]

Bradley v. Conagra Foods, CA 02-1183 (Pittman, J.), affirmed May 14, 2003. [HTML, WP5.1]

Broadus v. State, CA CR 02-1006 (Baker, J.), reversed and dismissed May 14, 2003. [HTML, WP5.1]

Campbell v. Huddle, CA 02-1113 (Robbins, J.), affirmed May 14, 2003. [HTML, WP5.1]

Cloverleaf Express v. Fouts, CA 02-1187 (Gladwin, J.), dismissed May 14, 2003. [HTML, WP5.1]

Cullum v. Jim Harris & Assoc., CA 02-1146 (Bird, J.), affirmed May 14, 2003. [HTML, WP5.1]

Cummins v. Berry, CA 02-676 (Bird, J.), affirmed May 14, 2003. [HTML, WP5.1]

Irby v. Irby, CA 02-560 (Gladwin, J.), affirmed in part; affirmed as modified in part; reversed and remanded in part May 14, 2003. [HTML, WP5.1]

Lewis v. State, CA CR 01-1327 (Roaf, J.), rebriefing ordered May 14, 2003. [HTML, WP5.1]

McCullough v. State, CA CR 02-578 (Crabtree, J.), affirmed May 14, 2003. [HTML, WP5.1]

Neal v. State, CA CR 02-1061 (Griffen, J.), affirmed May 14, 2003. [HTML, WP5.1]

Peoples Bank of Paragould v. Unico Bank, CA 02-819 (Bird, J.), affirmed May 14, 2003. [HTML, WP5.1]

Pifer v. Arkansas Dep't of Human Servs., CA 02-1353 (Bird, J.), affirmed May 14, 2003. [HTML, WP5.1]

Reeder v. State, CA CR 02-422 (Neal, J.), appeal dismissed May 14, 2003. Supplemental opinion on denial of petition for rehearing delivered September 10, 2003. [HTML, WP5.1]

Shead v. State, CA CR 02-956 (Robbins, J.), affirmed May 14, 2003. [HTML, WP5.1]

Turner v. State, CA CR 02-723 (Baker, J.), affirmed May 14, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Burns v. Director of Labor, E 03-39, May 14, 2003.

Byerly v. Director of Labor, E 03-30, May 14, 2003.

Comfort Inn & Suites v. Director of Labor, E 03-36, May 14, 2003.

Hildreth v. Director of Labor, E 03-28, May 14, 2003.

Hobbs v. Director of Labor, E 03-34, May 14, 2003.

King Catfish No. 1 v. Director of Labor, E 03-32, May 14, 2003.

Lawrence v. Director of Labor, E 03-26, May 14, 2003.

Moreland v. Director of Labor, E 03-31, May 14, 2003.

Patterson v. Director of Labor, E 03-37, May 14, 2003.

Peals v. Director of Labor, E 03-35, May 14, 2003.

Ryan v. Director of Labor, E 03-33, May 14, 2003.

Suber v. Director of Labor, E 03-29, May 14, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-1109. Jeff Bristow and Dana Bradford v. State of Arkansas, from Poinsett Circuit. Dismissed. Robbins and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA02-721. Gordon Costner v. Beatrice Adams, Individually and as Administratrix of the Estate of James Luther Adams, Sr., Deceased, and Tommy Adams, Individually, from Cleburne Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-509. Marvin W. Tull v. State of Arkansas, from Saline Circuit. Affirmed. Neal and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1183. Tina Bradley v. Conagra Foods et al., from Workers' Compensation Commission. Affirmed. Neal and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-927. Ronald Joe West v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA02-560. W. Michael Irby v. Connie Irby, from Faulkner Circuit. Affirmed in Part; Affirmed as Modified in Part; Reversed and Remanded in Part. Bird and Vaught, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1020. Christy Tucker Dumas v. Marc Tucker, from Pope Circuit. Reversed and Remanded. Bird and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1187. Cloverleaf Express and Commerce and Industry Insurance Company AIG Claims Services, Inc. v. Lyle Fouts, from Workers' Compensation Commission. Dismissed. Bird and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-956. Eric L. Shead v. State of Arkansas, from Washington Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1113. Dennis Campbell v. Roy Huddle and Larry Hathorne, from Arkansas Circuit, NorthernDistrict. Affirmed. Stroud, C.J., and Crabtree, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA02-676. Clynell Cummins et al. v. William Louis Berry et al., from Yell Circuit. Affirmed. Hart, J., agrees. Crabtree, J., concurs. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-819. Peoples Bank of Paragould, Arkansas et al. v. Unico Bank, F.S.B., from Greene Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1146. Delora D. Cullum v. Jim Harris & Associates et al., from Workers' Compensation Commission. Affirmed. Gladwin and Vaught, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1353. Tiffany Pifer v. Arkansas Department of Human Services, from Grant Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (18 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-1061. James E. Neal v. State of Arkansas, from Ouachita Circuit. Affirmed. Hart and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit. Appeal Dismissed. Pittman and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) Supplemental opinion on denial of petition for rehearing delivered September 10, 2003. (2 PAGES UNPUBLISHED) [HTML, WP5.1] 

CA02-719. Howard Larry v. Grady School District, from Lincoln Circuit. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

CA02-802. Arkansas Department of Human Services v. Ruth Jackson and James Jackson, from Pulaski Circuit. Affirmed. Roaf, J., agrees. Pittman, J., concurs. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1033. Sammy Lynn Denton v. Clifton Pennington and Linda Pennington, d/b/a Pennington Companies, from Faulkner Circuit. Reversed and Remanded. Pittman and Roaf, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-505. Dennis Earl Anthony v. State of Arkansas, from Garland Circuit. Affirmed. Gladwin and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-851. Tracy Badger Anderson v. Ardella Roller, from Pulaski Circuit. Appeal Dismissed. Gladwin and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-578. Lenzy McCullough v. State of Arkansas, from Cross Circuit. Affirmed. Stroud, C.J., and Robbins, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-987. Alcoholic Beverage Control Division & Carolyn and Tommy Robinson v. Helen Bethell, from Monroe Circuit. Reversed and Remanded on Direct Appeal; Reversed on Cross-Appeal. Stroud, C.J., and Robbins, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-723. David Corey Turner v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1006. Andrew Whitney Broadus v. State of Arkansas, from Sebastian Circuit. Reversed and Dismissed. Hart and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit. Rebriefing Ordered. Pittman and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-921. David M. Dye v. State of Arkansas, from Ashley Circuit. Affirmed. Pittman and Neal, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1159. Emerald Development Company v. James McNeill and Theodore Beitel, from Cleburne Circuit. Affirmed. Pittman and Neal, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM DECISIONS

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E03-26. William R. Lawrence v. Director et al.

E03-28. Tammy M. Hildreth v. Director et al.

E03-29. James Suber v. Director et al.

E03-30. Melton A. Byerly v. Director et al.

E03-31. Roger B. Moreland v. Director et al.

E03-32. King Catfish No. 1, LLC v. Director et al.

E03-33. Kelly J. Ryan v. Director et al.

E03-34. Lezlee Hobbs v. Director et al.

E03-35. Ray A. Peals, Jr. v. Director et al.

E03-36. Comfort Inn & Suites v. Director et al.

E03-37. Jerry L. Patterson v. Director et al.

E03-39. Charlotte Burns v. Director et al.

PER CURIAM ORDERS

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

CA02-679. Justice Furniture, Inc. v. Brenda Cameron, from Jackson Circuit.

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CACR02-561. Betty Thompson v. State of Arkansas, from Union Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-627. Latricia D. Polk v. State of Arkansas, from Ashley Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees is granted. Allowed $750.00.

CACR02-770. Willie Gene Radford v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-825. DeLarron Keith Washington v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-921. David M. Dye v. State of Arkansas, from Ashley Circuit. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CACR02-1206. Mandi Tanner v. State of Arkansas, from Faulkner Circuit. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny. Vaught, J., would make this final extension.

CACR03-165. Charles L. Stroud v. State of Arkansas, from Pope Circuit. Appellant's motion to supplement and correct the record is granted. Record deemed supplemented.

CACR03-278. Duke E. Ervin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for writ of certiorari to complete the record is granted.

CACR03-375. Linda Davis v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to consolidate this appeal with CACR03-377 is granted. Crabtree, J., woulddeny.

CA02-1220. Mary Beth Nicholson v. Teague Chevrolet, Olds, Toyota, Inc. et al., from Workers' Compensation Commission. Appellant's motion for additional brief time is granted. Griffen, Vaught, and Crabtree, JJ., would deny. Stroud, C.J., Gladwin and Robbins, JJ., would make this final extension.

CA02-1357. Jimmie Thompson Rickett et al. v. Clara Faye O'Dell et al., from Independence Circuit. Appellant's motion for additional brief time is granted. Appellant's brief due in forty-five days. Griffen and Crabtree, JJ., would deny.

CA03-64. Raymon Bledsoe v. Steve Lackey, from Crittenden Circuit. Appellant's pro se motion for judgment is denied.

CA03-73. Robert Guthridge v. Dawn Guthridge, from Pulaski Circuit, Thirteenth Division. Appellant's motion to stay appeal; for brief time; and to re-vest trial court with jurisdiction to enter order of dismissal is granted.

CA03-114. Gil Landers, d/b/a Big Daddy's Pawn Shop v. Ken Jameson, from Pulaski Circuit, Fifth Division. Motion of Arkansas Pawnbrokers' Association to file amicus brief in support of appellant is granted.

CA03-139. Marie Stracener et al. v. Thomas Williams, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellants' motion for additional brief time is granted.

CA03-295. Waldron Nursing Center, Inc. et al. v. Carol Rose, from Workers' Compensation Commission. Appellant's motion to supplement the record and for brief time is granted. Record to be supplemented within thirty days. Brief due thirty days thereafter.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR02-458. James M. Rogers and Brenda D. Rogers v. State of Arkansas, from Hot Spring Circuit.

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CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Motion of Frank B. Newell to be relieved as counsel for appellant.

CACR02-47. Clyde Mathew Folkes v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes for attorney's fees.

CACR02-674. James Robert Lord v. State of Arkansas, from Saline Circuit. Motion of JoeKelly Hardin for attorney's fees.

CACR02-800. Shirley Tyus v. State of Arkansas, from Faulkner Circuit. Motion of Maureen Hazinski Harrod for attorney's fees.

CACR02-846. Billy Frank Brown v. State of Arkansas, from Cleveland Circuit. Motion of Steven R. Davis for attorney's fees.

CACR02-1040. Kenneth Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion for copy of decision.

CACR02-1198. Johnny McClain v. State of Arkansas, from Crawford Circuit. Motion of Clay T. Buchanan for attorney's fees.

CACR03-241. Derrick D. Marshall v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CA02-869. Bill Bates d/b/a Clear Water Drilling v. David Gilbert d/b/a Hardrock Drilling, from Polk Circuit. Appellant's motion to recall mandate.

CA02-968. Rheem Manufacturing Company et al. v. Jerry Thomas, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion for reconsideration of denial of motion to dismiss appeal.

CA02-1384. Susan L. Rebsamen (Stockton) v. Richard L. Rebsamen, from Pulaski Circuit, Seventeenth Division. Appellee's motion for attorney's fees and costs.

CA03-168. Rosie Collier Harrison v. Willie Davis, from Pulaski Circuit, Tenth Division. Appellant's motion to file belated brief and for brief time.

CA03-341. Dorothy Marguerite Zahnd v. Wesley C. May, from Pulaski Circuit, Sixteenth Division. Appellee's motion to complete the record and motion for brief time.

CA03-454. Marlene Sheppard v. Robert Speir, from Washington Circuit. Motion of Sarah M. Leflar to be relieved as counsel for appellant.

SUBMISSIONS

CA02-453. Alonzo D. Williams, Sr. v. Henrietta E. Williams, from Pulaski Circuit, Seventh Division. Argued orally.

CACR02-808. Michael Merritt v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR02-830. Gary J. Roberts v. State of Arkansas, from Arkansas Circuit, Northern District.

CACR02-897. Roslean Sanford v. State of Arkansas, from Chicot Circuit.

CACR02-1082. Steven Vincent Moore v. State of Arkansas, from Drew Circuit.

CACR02-1190. Terry Jackson v. State of Arkansas, from Dallas Circuit.

CACR02-1270. Ricky J. Tucker v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR02-1346. John David Foley v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CA02-875. Northport Health Services, Inc. et al. v. Diane Owens et al., from Washington Circuit.

CA02-1007. Estate of Loufreda Coleman et al. v. LTB Land and Timber Company, Inc., from Hempstead Circuit.

CA02-1068. Adams Excavation et al. v. Thomas W. Adams, from Workers' Compensation Commission.

CA02-1135. Golf Cars of Arkansas, Inc. v. Union Standard Insurance Company, from Pulaski Circuit, Third Division.

CA02-1147. Bill's Printing, Inc. et al. v. George F. Carder III et ux., from Cleburne Circuit.

CA02-1218. David Roper et ux. v. Lumbermens Mutual Casualty Company, et al., from Pulaski Circuit, Seventh Division.

CA02-1229. Robert C. Tucker v. Michelle Tucker Irwin, from Pope Circuit.

CA02-1230. Chrysler Financial Company, L.L.C. v. Shelli East, from Union Circuit.

CA02-1232. Joseph V. Liberto v. Scott Wadell et al., from Craighead Circuit, Western District.

CA02-1267. Elizabeth Eash v. FM Corporation, from Workers' Compensation Commission.

CA02-1323. City of Van Buren et al. v. Dale Fitzer, from Workers' Compensation Commission.

CA02-1348. Lawhon Farm Services, Inc. v. Robert L. Mason, from Workers' Compensation Commission.

CA02-1351. Southern Aluminum Manufacturing, Inc. et al. v. Jesse Reed, from Workers' Compensation Commission.

CA02-1381. Wayne Walker v. Lesly Walker Torres, from Sebastian Circuit, Greenwood District.

CA02-1384. Susan L. Rebsamen Stockton v. Richard L. Rebsamen, from Pulaski Circuit, Seventeenth Division.

CA02-1393. Gregory Matthews v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

E03-38. Louis Bedford, Jr. v. Director et al.

E03-40. Sharon D. Simmons v. Director et al.

E03-41. Pap Beardsley Chevrolet-Buick Co. v. Director et al.

E03-42. Rogenia L. Sharp v. Director et al.

E03-44. Carolyn N. Clements v. Director et al.

E03-46. Phyllis A. Williams v. Director et al.

E03-47. Sandra L. Coplas v. Director et al.

E03-49. Steve W. Gunter v. Director et al.

E03-51. Kirk J. Rankin v. Director et al.

E03-52. Lisa S. Hicks v. Director et al.

E03-53. Richard G. Kelley v. Director et al.

E03-72. Carroll County Nursing & Rehabilitation Center v. Director et al.