Jim Walter Homes v. Beard (Baker, J.) CA02-903

Workers' compensation -- Preexisting disease does not disqualify claim if employment aggravated infirmity to produce disability; natural consequence growing from earlier compensable injury; sufficient evidence supported Commission's decision. [HTML, WP5.1]

Porter v. State (Griffen, J.) CACR02-1237

Automobiles -- DWI; State failed to prove DWI; testimony insufficient to support conviction; mere allegation of odor of intoxication, without more, was insufficient proof of DWI; case reversed & dismissed. [HTML, WP5.1]

Rankin v. Director (Bird, J.) E03-051

Unemployment compensation -- Rankin I law of the case; Board's action on remand contrary to law of case; proceedings improper; case remanded. [HTML, WP5.1]

Strickland v. Primex Tech. (Pittman, J.) CA02-778

Workers' compensation -- Occupational injury; appellant's failure to give appellee employer notice; denial of benefits affirmed. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Brown (Vaught, J.) CA03-81

Workers' compensation -- Precedent & Ark. Code Ann. § 11-9-514(a)(3)(A)(ii) harmonious; without initial visit & report from appellee's one-time change of physician there was no way to determine whether treatment proposed by that physician would be reasonably necessary; appellee exercised statutory right to one-time change of physician; appellants must pay for initial visit. [HTML, WP5.1]

Weaver v. Director (Baker, J.) E02-305

Unemployment compensation -- Appellant did not voluntarily quit; reversed & remanded for award of benefits. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Aldridge v. State, CA CR 02-971 (Gladwin, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Barron v. State, CA CR 02-908 (Baker, J.), affirmed June 25, 2003. [HTML, WP5.1]

Britman v. State, CA CR 02-1110 (Neal, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Brown, Eric v. State, CA CR 02-502 (Pittman, J.), affirmed June 25, 2003. [HTML, WP5.1]

Brown, Kimberly Ann v. State, CA CR 02-871 (Crabtree, J.), affirmed; Motion to be Relieved granted June 25, 2003. [HTML, WP5.1]

Cockrell v. Dillard, CA 03-209 (Griffen, J.), affirmed June 25, 2003. [HTML, WP5.1]

DePriest v. State, CA CR 02-763 (Griffen, J.), affirmed June 25, 2003. [HTML, WP5.1]

Garner v. Beaver Water Dist., CA 03-641 (Per Curiam), Appellants' Motion for Stay and Approval of Supersedeas Bond remanded June 25, 2003. [HTML, WP5.1]

Hunter v. State, CA CR 02-1036 (Bird, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Karabinus v. State, CA CR 02-1103 (Stroud, C.J.), affirmed June 25, 2003. [HTML, WP5.1]

Miles v. State, CA CR 02-939 (Pittman, J.), Motion of Counsel to Withdraw denied; rebriefing ordered June 25, 2003. [HTML, WP5.1]

Myles v. State, CA CR 02-774 (Stroud, C.J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Neal v. State, CA CR 02-1128 (Vaught, J.), affirmed June 25, 2003. [HTML, WP5.1]

Nuri v. State, CA CR 02-835 (Vaught, J.), affirmed June 25, 2003. [HTML, WP5.1]

Oliver v. State, CA CR 02-960 (Hart, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Peters v. State, CA CR 00-203 (Hart, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Phillips, Randy v. State, CA CR 02-1240 (Roaf, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Phillips, Randy v. State, CA CR 02-1238 (Baker, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Rousseau v. State, CA CR 02-788 (Neal, J.), affirmed June 25, 2003. [HTML, WP5.1]

Sanders v. State, CA CR 02-1056 (Griffen, J.), appeal dismissed June 25, 2003. [HTML, WP5.1]

Sims v. State, CA CR 02-1168 (Crabtree, J.), affirmed; Motion to be Relieved granted June 25, 2003. [HTML, WP5.1]

Smith v. State, CA CR 02-445 (Gladwin, J.), affirmed June 25, 2003. [HTML, WP5.1]

Stevenson v. State, CA CR 02-935 (Roaf, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Thronebury v. State, CA CR 02-974 (Robbins, J.), rebriefing ordered June 25, 2003. [HTML, WP5.1]

Vick v. State, CA CR 02-482 (Robbins, J.), affirmed June 25, 2003. [HTML, WP5.1]

White v. Arkansas Elec. Co-op, Inc., CA 02-1207 (Hart, J.), reversed and remanded June 25, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-774. Fabious Myles v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1103. William Dean Karabinus v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

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

CACR02-939. Marlon Detric Miles v. State of Arkansas, from Pulaski Circuit. Motion of Counsel to Withdraw Denied; Rebriefing Ordered. Hart and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-778. Charlotte Strickland v. Primex Technologies, et al., from Workers' Compensation Commission. Affirmed. Stroud, C.J., Robbins, and Neal, JJ., agree. Gladwin and Baker, JJ., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Rebriefing Ordered. Pittman and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-960. Benjamin Oliver v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Pittman and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1207. Calvin White v. Arkansas Electric Co-op, Inc. et al., from Workers' Compensation Commission. Reversed and Remanded. Pittman and Robbins, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-445. Tiffany Smith v. State of Arkansas, from Pulaski Circuit. Affirmed. Bird and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-971. Donna Sue Aldridge v. State of Arkansas, from Crawford Circuit. Rebriefing Ordered. Bird and Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR02-482. Jasper Vick II v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Pittman and Hart, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-974. Christopher Thronebury v. State of Arkansas, from Johnson Circuit. Rebriefing Ordered. Pittman and Hart, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-1036. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit. Rebriefing Ordered. Gladwin and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

E03-51. Kirk Rankin v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Vaught, and Roaf, JJ., agree. Griffen and Crabtree, JJ., concur. Hart, J., concurs separately. (5 PAGES + 11-PAGE CONCURRENCE + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-763. Michael Slate DePriest v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1056. Terry Sanders v. State of Arkansas, from Greene Circuit. Appeal Dismissed. Gladwin and Bird, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1237. Justin Porter v. State of Arkansas, from Baxter Circuit. Reversed and Dismissed. Hart, Vaught, and Roaf, JJ., agree. Bird and Crabtree, JJ., dissent. (7 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-209. Margaret Cockrell v. Temeka Deann Dillard, from Conway Circuit. Affirmed. Gladwin and Bird, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-788. Jeff L. Rousseau v. State of Arkansas, from Greene Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1110. Earnest Britman v. State of Arkansas, from Mississippi Circuit. Rebriefing Ordered. Stroud, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-835. Sunni Umar Nuri v. State of Arkansas, from Pulaski Circuit. Affirmed. Baker and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1128. Shannon Neal v. State of Arkansas, from Pulaski Circuit. Affirmed. Baker and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-81. Wal-Mart Stores, Inc. and Claims Management, Inc. v. Kemberly M. Brown, from Workers' Compensation Commission. Affirmed. Hart, Bird, Griffen, and Roaf, JJ., agree. Crabtree, J., dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-871. Kimberly Ann Brown v. State of Arkansas, from Crawford Circuit. Affirmed; Motion to be Relieved Granted. Stroud, C.J., and Neal, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1168. Richard Farrod Sims v. State of Arkansas, from Pulaski Circuit. Affirmed; Motion to be Relieved Granted. Stroud, C.J., and Neal, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-908. Edward George Barron v. State of Arkansas, from Garland Circuit. Affirmed. Vaught and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1238. Randy Phillips v. State of Arkansas, from Garland Circuit. Rebriefing Ordered. Vaught and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-903. Jim Walter Homes and Travelers Insurance v. Johnny Beard, from Workers' Compensation Commisstion. Affirmed. Stroud, C.J., Gladwin, Robbins, and Neal, JJ., agree. Pittman, J., dissents. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

E02-305. Terri M. Weaver v. Director, Employment Security Department, from Board of Review. Reversed and Remanded. Vaught and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-935. Torrizell Stevenson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Rebriefing Ordered. Vaught and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1240. Randy Phillips v. State of Arkansas, from Garland Circuit. Rebriefing Ordered. Vaught and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CA03-199. Bob J. Walker and Claudia G. Walker v. Community Water Systems, Inc., from Faulkner Circuit.

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CACR01-343. Anthony Graves v. State of Arkansas, from Crittenden Circuit. Motion of Frank B. Newell for attorney's fees is granted. Allowed $750.00.

CACR01-1389. James Whitson Davis v. State of Arkansas, from Crawford Circuit. Motion of Martin J. Patterson for attorney's fees is granted. Allowed $750.00.

CACR02-301. Gary Lee Dayberry v. State of Arkansas, from Stone Circuit. Motion of James E. Hensley, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-359. Rodney Stidham v. State of Arkansas, from Carroll Circuit, Western District. Motion of Linda Scribner for attorney's fees is granted. Allowed $750.00.

CACR02-468. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Motion of David O. Bowden for attorney's fees is granted. Allowed $750.00.

CACR02-578. Lenzy McCullough v. State of Arkansas, from Cross Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $750.00.

CACR02-864. Jason E. Winbush v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Julia Llewellyn Ketcham for attorney's fees is granted. Allowed $750.00.

CACR02-882. Robert Edward Preston v. State of Arkansas, from Bradley Circuit. Motion of Gary W. Potts for attorney's fees is granted. Allowed $750.00.

CACR02-897. Roslean Sanford v. State of Arkansas, from Chicot Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $750.00.

CACR02-1080. Norman Gaines v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time is granted. Gladwin, Griffen, and Crabtree, JJ., would deny. Stroud, C.J., Neal, Vaught, and Roaf, JJ., would make this final extension.

CACR02-1097. Susan Barnes v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees is granted. Allowed $750.00.

CACR02-1120. Roderick Conic v. State of Arkansas, from Chicot Circuit. Motion of Val P. Price for attorney's fees is granted. Allowed $750.00.

CACR02-1223. Lester David Cantrell v. State of Arkansas, from Crawford Circuit. Motion of Joseph C. Self for attorney's fees is granted. Allowed $750.00.

CACR02-1251. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

CACR02-1264. Raymond Polk v. State of Arkansas, from Garland Circuit. Motion of KimberlyBosshart for attorney's fees is granted. Allowed $750.00.

CACR02-1386. Herbert McIntosh v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

CACR03-344. Paul Eugene Hanlin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's petition for writ of certiorari to complete the record is granted. Record to be completed within thirty days. Brief due thirty days from filing of supplemental record.

CACR03-426. Perry Lamar Adkins v. State of Arkansas, from Benton Circuit. Appellant's motion to stay briefing schedule and remand to supplement the record is denied.

CA02-1064. Pamela McKiddy v. William Randall McKiddy et al., from Garland Circuit. Appellees' motion for attorney's fees and costs is granted in the total amount of $1,000.00.

CA02-1079. Erik James Bullock v. Shiwona Pace, from Pulaski Circuit, Sixth Division. Appellant's pro se motion for additional brief time is granted. Griffen, J., not participating.

CA02-1137. BAAN, U.S.A. v. USA Truck, Inc., from Crawford Circuit. Appellant's motion for costs on appeal. Costs to be awarded upon issuance of mandate.

CA02-1256. Damien Ford v. State of Arkansas, from Lafayette Circuit. Motion of John F. Stroud, III for attorney's fees is granted. Allowed $1,000.00. Stroud, C.J., not participating.

CA02-1274. Berniece M. Groce v. Director, Arkansas Department of Human Services, from Pulaski Circuit, Fifth Division. Appellee's motion for costs is denied.

CA02-1286. John E. Atkins et ux. v. Bob Fewell et al., from Pulaski Circuit, Twelfth Division. Appellants' motion to consolidate this appeal with CA03-242 for oral argument and decision is denied.

CA02-1316. Donna Bailey v. Barbara Rahe, from Pulaski Circuit, Twelfth Division. Appellant's motion for additional brief time is granted. Griffen, J., would deny.

CA02-1373. Richard Henley et al. v. Leon Britton et al., from Faulkner Circuit. Appellants' motion to file belated reply brief and for brief time is granted.

CA03-8. Leo D. VanScoy v. Susan Marie VanScoy, from Benton Circuit. Appellant's motion to file enlarged brief is granted. Pittman, Crabtree, and Baker, JJ., would deny.

CA03-139. Marie Stracener et al. v. Thomas Williams, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted. Gladwin, Bird, and Griffen, JJ., would make this final extension.

CA03-255. Death & Permanent Total Disability Trust Fund v. Chris Anderson, Deceased, et al., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

CA03-310. Margaret Burris et al. v. Y.Z. Burris, Sr. et al., from Pope Circuit. Appellees' motion to remand and to stay brief time is granted.

CA03-454. Marlene Sheppard v. Robert R. Speir, from Washington Circuit. Appellant's pro se motion to expedite appeal is granted.

CA03-545. Marcy Cook v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of Barbara Ketring-Beuch and Anne Orsi Smith for substitution of appointed counsel and for extension of brief time is granted. Appellant's brief due August 4, 2003.

CA03-641. Hershel Garner et al. v. Beaver Water District, from Benton Circuit. Appellants' motion for stay and approval of supersedeas bond is remanded. See per curiam this date. Roaf, J., would deny. Gladwin and Crabtree, JJ., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]