Bankston v. State (Stroud, C.J.) CACR02-1008
Jury — "Dynamite" instruction not given prematurely; motion for mistrial properly denied. [HTML, WP5.1]

Gawrieh v. Scottsdale Ins. Co. (Bird, J.) CA02-628
Insurance — Ark. Code Ann. § 23-65-311 applicable to surplus- lines policy; language of endorsement ambiguous; policy found not to have excluded coverage for incident; policy reasonably construed as also providing coverage for private club operated by named insured; trial court erred in finding that insurance policy did not provide coverage for club. [HTML, WP5.1]

Murphy v. State (Vaught, J.) CACR02-1104
Criminal law — Sexual assault; sufficient evidence from which jury could have determined appellants were in position of authority or trust; appellant's motion for continuance properly denied where appellants' lawyers had sufficient time to research new issues for amended charge & were not diligent in seeking motion for continuance. [HTML, WP5.1]

Reap v. Automation Sys., Inc. (Per Curiam) CA03-229
Appeal & error — Motion to supplement record remanded to Workers' Compensation Commission to settle record; motion to enlargement of briefing schedule granted. [HTML, WP5.1]

Walters v. Arkansas Dep't of Human Servs. (Per Curiam) CA02-1227
Attorney & client — Appellant's attorney entitled to reasonable fee & costs in a dependency-neglect appeal to be determined by Arkansas State Claims Commission. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Alford Contrs. v. Kirk, CA 03-215 (Gladwin, J.), affirmed September 10, 2003. [HTML, WP5.1]

Box v. State, CA CR 02-751 (Bird, J.), affirmed September 10, 2003. [HTML, WP5.1]

Chambers v. Davenport, CA 02-993 (Vaught, J.), reversed and remanded September 10, 2003. [HTML, WP5.1]

Everett v. State, CA CR 03-42 (Griffen, J.), affirmed September 10, 2003 .[HTML, WP5.1]

Hulsey v. State, CA CR 01-1342 (Griffen, J.), affirmed September 10, 2003. [HTML, WP5.1]

Jennings v. State, CA CR 02-158 (Griffen, J.), affirmed September 10, 2003. [HTML, WP5.1]

McDonald v. Reliant Entergy Gas Trans. Co., CA 02-1330 (Pittman, J.), affirmed September 10, 2003. [HTML, WP5.1]

Nugent v. Nugent, CA 02-1338 (Bird, J.), affirmed on direct appeal and cross-appeal September 10, 2003. [HTML, WP5.1]

Ray Townsend Farms, Inc. v. Smith, CA 03-06 (Robbins, J.), dismissed September 10, 2003. [HTML, WP5.1]

Reeder v. State, CA CR 02-422 (Neal, J.), Petition for Rehearing denied September 10, 2003. [HTML, WP5.1]

Van Buren Tire Co. v. Bean, CA 03-92 (Pittman, J.), affirmed September 10, 2003. [HTML, WP5.1]

Walters v. State, CA CR 02-1252 (Pittman, J.), affirmed September 10, 2003. [HTML, WP5.1]

Washington v. State, CA CR 03-90 (Crabtree, J.), affirmed September 10, 2003. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-1008. Antwon Bankston v. State of Arkansas, from Saline Circuit. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1252. Samuel Walters v. State of Arkansas, from Jefferson Circuit. Affirmed. Gladwin and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-1330. Harold McDonald and Anita McDonald v. Reliant Entergy Gas Transmission Company, from Union Circuit. Affirmed. Hart and Robbins, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-92. Van Buren Tire Company v. Ricky Bean, from Workers' Compensation Commission. Affirmed. Gladwin and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-215. Alford Contractors and Fremont Compensation v. James Kirk, from Workers' Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-06. Ray Townsend Farms, Inc. and Ray Townsend, Individually v. Marjorie Smith, from Monroe Circuit. Dismissed. Griffen and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR02-751. Rufus Antonio Box v. State of Arkansas, from Nevada Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-628. George Gawrieh et al. v. Scottsdale Insurance Company, from Miller Circuit. Affirmed in Part; Reversed and Remanded in Part. Stroud, C.J., Hart, Robbins, and Baker, JJ., agree. Gladwin, Griffen, Vaught, and Crabtree, JJ., dissent. (11 PAGES + 2-PAGEDISSENT PUBLISHED) [HTML, WP5.1]

CA02-1338. B. A. Nugent v. Dorothy Nugent, from Washington Circuit. Affirmed on Direct Appeal and Cross-Appeal. Stroud, C.J., and Vaught, J., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR01-1342. Benny Hulsey v. State of Arkansas, from Benton Circuit. Affirmed. Gladwin and Bird, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-158. Archille Clemon Jennings v. State of Arkansas, from Monroe Circuit. Affirmed. Gladwin and Bird, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-42. James B. Everett v. State of Arkansas, from Greene Circuit. Affirmed. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-1104. Timmy Glen Murphy and Lewis Ray v. State of Arkansas, from Drew Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CA02-993. Rebecca Chambers v. Gerald Davenport and Linda Davenport, from Marion Circuit. Reversed and Remanded. Stroud, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-90. Decorrie Washington v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CACR02-422. Gregory Reeder v. State of Arkansas, from Pulaski Circuit. See supplemental opinion this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit. Appellant's motion for additional brief time is granted. Griffen, J., would deny.

CACR03-725. Curtis Keith Holt v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to clarify and correct is granted.

CACR03-886. John Amason v. State of Arkansas, from Jefferson Circuit. Motion of Donald E. Warren, Sr. to be substituted as counsel for appellant is granted.

CACR03-938. Steven Ellis v. State of Arkansas, from Clark Circuit. Motion of Lynn D. Lisk to withdraw as counsel for appellant and for appointment of new counsel is granted. Brent Houston is appointed to represent the appellant. Crabtree, J., would deny.

CA02-348. Kelly Mainard v. Arkansas Department of Human Services, from Van Buren Circuit. Motion of Kent Tester for attorney's fees. See per curiam this date in Chrisshannon Walters v. Ark. Dept. of Human Services.

CA02-414. Care Manor of Baxter County et al. v. Debra K. Wheeler, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted in the amount of $1,000.00 per Ark. Code Ann. Section 11-9-715(b)(2). Costs assessed on mandate.

CA02-585. Jennifer Burt v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of DeeNita Moak for attorney's fees and costs. See per curiam this date in Chrisshannon Walters v. Ark. Dept. of Human Services.

CA02-694. Rebecca Ross v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Mark Horoda for attorney's fees. See per curiam this date in Chrisshannon Walters v. Ark. Dept. of Human Services.

CA02-1105. Angela Hampton v. Arkansas Department of Human Services, from Ashley Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees. See per curiam this date in Chrisshannon Walters v. Ark. Dept. of Human Services.

CA02-1114. Summer Bryans v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Ralph A. Downs for attorney's fees. See per curiam this date in Chrisshannon Walters v. Ark. Dept. of Human Services.

CA02-1227. Chrisshannon Walters v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of DeeNita Moak for attorney's fees and costs. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1353. Tiffany Pifer v. Arkansas Department of Human Services, from Grant Circuit. Motion of John O. Payne for attorney's fees. See per curiam this date in Chrisshannon Walters v. Ark. Dept. of Human Services.

CA03-229. David Reap v. Automation Systems, Inc. et al., from Workers' Compensation Commission. Appellees' motion to supplement the record and for brief time. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CA03-545. Marcy Cook v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of H.C. Jay Martin and Kathleen O'Connor for substitution of attorney ad litem for the minor appellees is granted.

CA03-719. Karl Steinkraus v. Pulaski County Special School District, from Pulaski Circuit, Seventh Division. Motion of Richard W. Roachell to be relieved as counsel for appellant and to substitute Clayton Blackstock as counsel and for additional brief time is granted. Appellant's brief due October 10, 2003.

CA03-748. John Hill, M.D. v. Anita Billups, from St. Francis Circuit. Appellant's motion to correct the record is granted.

CA03-772. Daniel B. Harbour v. James M. Monk, from Union Circuit. Motion of Ronald L. Griggs to withdraw as counsel for appellant is granted. Appellant's brief due October 20, 2003.

MOTIONS SUBMITTED

CACR02-830. Gary J. Roberts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to extend time to correct brief.

CACR02-1025. Gary Green v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR02-1085. Steve Kinzalow v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees.

CACR02-1104. Timmy Glen Murphy and Lewis Ray v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti, III for attorney's fees regarding appellant Timmy Glen Murphy.

CACR02-1201. Frederick Smith v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro semotion for transcript.

CACR03-583. Roy E. Franklin, Jr. v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion for appointment of counsel.

CACR03-614. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CACR03-713. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to put videotapes in brief in cd-rom or dvd format and to dispense with abstracting.

CACR03-926. Chad Edward Gillyard v. State of Arkansas, from Faulkner Circuit. Motion of Robert W. Bush to be relieved as counsel for appellant.

CA02-776. Angela L. Williams v. L. Chad Williams, from Miller Circuit. Appellee's motion for attorney's fees.

CA03-46. Bio-tech Pharmacal, Inc. v. International Business Connections, LLC , from Washington Circuit. Motion of Marcia M. Brinton to withdraw as counsel for appellee, entry of appearance of Brenda Horn Austin and motion for brief time.

CA03-222. Consumer Utility Rate Advocacy Division v. Arkansas Public Service Commission et al., from Public Service Commission. Appellant's motion for consideration of oral argument.

CA03-454. Marlene Sheppard v. Robert R. Speir, from Washington Circuit. Appellant's pro se motion for additional time to correct brief.

CA03-528. Christy Pack et al. v. Arkansas Department of Human Services, from Ashley Circuit. Appellants' motion to file non-conforming brief.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Thomas B. Wilson to be relieved as counsel for appellant.

CA03-574. Wade Matthew Ceola v. Ashley (Ceola) Burnham, from Pope Circuit. Appellant's motion to file belated brief.

CA03-575. Maggie Young v. The Gastro-Intestinal Center, Inc., from Pulaski Circuit, Second Division. Appellee's motion for certiorari to complete and to correct the record and to stay brief time.

CA03-632. Patricia Thomas v. Ruston Pierce, M.D., from Jefferson Circuit. Appellant's motion for additional brief time.

CA03-669. Carl S. Hurst v. Willie B. Dixon, from Phillips Circuit. Appellee's motion to dismissappeal.

CA03-715. David Camp v. Neva Camp, from Lafayette Circuit. Motion of Pamela Fisk to be relieved as counsel for appellant.

CA03-827. Troy Elliott v. Roberta Elliott, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for reconsideration of motions denied on August 20, 2003.

CA03-955. Certified Systems et al. v. Michael J. Farris, from Workers' Compensation Commission. Appellants' motion to strike reference in the record.

E03-4. Patricia Kuhn v. Director et al., from Board of Review. Appellees' motion to dismiss appeal.

SUBMISSIONS

CA03-325. Sarah Kimbrough v. Warren Carter Kimbrough, from Sebastian Circuit, Fort Smith District. Argued orally.

CACR02-757. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit.

CACR02-934. Kathy Ann Young v. State of Arkansas, from White Circuit.

CACR02-973. Wesley Britt, Jr. v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR02-1012. Johnny W. Mann v. State of Arkansas, from Ashley Circuit.

CACR02-1210. Keon Roshun Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-40. Lloyd Keistler v. State of Arkansas, from Jefferson Circuit.

CA02-776. Angela L. Williams v. L. Chad Williams, from Miller Circuit.

CA02-1074. Tony Nesterenko, D.C. v. The Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Seventh Division.

CA02-1303. Denver Lane Rice v. Johnia Lea Rice, from Saline Circuit.

CA03-108. Waterloo Industries, Inc. v. Peggy Palmer, from Workers' Compensation Commission.

CA03-191. James J. Kelly v. June Morrison, Special Administratrix, from Pulaski Circuit, Seventeenth Division.

CA03-253. FM Structural Plastic Tech, Inc. v. Jeremy Hoy, from Workers' Compensation Commission.

CA03-256. Healthsource Rehabilitation et al. v. Maxine Reece, from Workers' Compensation Commission.

CA03-336. River Bar Farms, LLC et al. v. Leo Moore et al., from Conway Circuit.

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

E02-346. Donald Perkins v. Director et al.

E03-4. Patricia Kuhn v. Director et al.

E03-103. Scott Jackson v. Director et al.

E03-104. Jimmy Boyd v. Director et al.

E03-105. Sydney M. Washington v. Director et al.

E03-107. Mary L. Hines v. Director et al.

E03-108. Laviano R. Brown v. Director et al.

E03-109. Martha J. Barnes v. Director et al.

E03-110. Robert C. Gomez v. Director et al.

E03-111. Lisa M. Rahat v. Director et al.

E03-112. Terry Shell v. Director et al.

E03-113. Cynthia R. Higgins v. Director et al.

E03-114. Razor Chemical, Inc. v. Director et al.

E03-115. Shantese Wilburd v. Director et al.