Baker v. Daves (Stroud, C.J.) CA03-136
Contracts — Appellant not party to property-settlement agreement that included terms of sale; trial court erred in concluding that appellant was bound by terms of agreement. [HTML, WP5.1]

Breshears v. State (Hart, J.) CACR03-43
Criminal law — Possession of drug paraphernalia; evidence corroborated testimony of accomplices & tended to connect appellant with commission of offense. [HTML, WP5.1]

Development & Constr. Management, Inc. v. City of North Little Rock (Hart, J.) CA03-349
Frauds — Statute of; assertion that document satisfied statute of frauds was refuted by document itself; agreement did not adequately furnish description of property; price dependent on survey & negotiated agreement; time & method of payment needed. [HTML, WP5.1]

Jones, Cornell v. State (Baker, J.) CACR02-1241
Criminal law — Possession of contraband; matter reversed where evidence was insufficient to show that appellant constructively possessed marijuana. [HTML, WP5.1]

Jones, Larry Dewayne v. State (Roaf, J.) CACR02-1371
Criminal procedure — Sentencing; issue of whether al previous convictions were actually felonies raised for first time on appeal; issue not preserved for review because appellant failed to object to proof of his habitual-offender status during sentencing [HTML, WP5.1]

Kimbrough v. Kimbrough (Bird, J.) CA03-325
Judges — Recusal; appellant offered no facts to show bias; degree of bias warranting disqualification confined to judge's conscience. [HTML, WP5.1]

Office of Child Support Enforcem't v. Watkins (Robbins, J.) CA03-143
Judgments — Appellee had no right to set off judgment owed to other state against arrearages owed him by former wife. [HTML, WP5.1]

SUBSTITUTED OPINION UPON GRANT OF REHEARING

Simpson v. State (Vaught, J.) CACR02-963
Evidence — Opinion testimony; trial court set forth rational basis for denying admission of testimony; no abuse of discretion found. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Ebbs v. Ozment, CA 03-339 (Neal, J.), affirmed October 1, 2003. [HTML, WP5.1]

Fulmer v. State, CA CR 02-932 (Neal, J.), affirmed October 1, 2003. [HTML, WP5.1]

Harris v. Regions Bank, CA 03-316 (Per Curiam), dismissed October 1, 2003. [HTML, WP5.1]

Healthsouth Rehab. Hosp. v. Reese, CA 03-256 (Griffen, J.), affirmed in part; reversed and remanded in part October 1, 2003. [HTML, WP5.1]

Henley v. Britton, CA 02-1373 (Roaf, J.), affirmed October 1, 2003. [HTML, WP5.1]

Perez-Herrera v. State, CA CR 03-239 (Stroud, C.J.), affirmed October 1, 2003. [HTML, WP5.1]

Starks v. State, CA CR 03-259 (Vaught, J.), affirmed October 1, 2003. [HTML, WP5.1]

Walker v. First Fin. Ins. Co., CA 02-1325 (Pittman, J.), affirmed October 1, 2003. [HTML, WP5.1]

Williams v. Williams, CA 02-776 (Neal, J.), affirmed October 1, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Brubaker v. Director of Labor, E 03-123, October 1, 2003.

Buchanan v. Director of Labor, E 03-120, October 1, 2003.

Ephlin v. Director of Labor, E 03-129, October 1, 2003.

Family Eye Clinic v. Director of Labor, E 03-122, October 1, 2003.

Fitzmorris, Michael P. v. Director of Labor, E 03-117, October 1, 2003.

Fitzmorris, Michael P. v. Director of Labor, E 03-116, October 1, 2003.

Foster v. Director of Labor, E 03-131, October 1, 2003.

Frese v. Director of Labor, E 03-119, October 1, 2003.

George's, Inc. v. Director of Labor, E 03-124, October 1, 2003.

Verdecia v. Director of Labor, E 03-125, October 1, 2003.

Washington, Brenda L. Beck v. Director of Labor, E 03-126, October 1, 2003.

Washington, Willie v. Director of Labor, E 03-130, October 1, 2003.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-239. Juan Perez-Herrera v. State of Arkansas, from Saline Circuit. Affirmed. Bird and Vaught, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-136. Lisa Baker v. Tommy J. Daves, from Saline Circuit. Reversed and Remanded. Hart, Robbins, and Neal, JJ., agree. Pittman and Crabtree, JJ., dissent. (7 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA02-1325. Marjorie Walker et al. v. First Financial Insurance Company, from Garland Circuit. Affirmed. Gladwin and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-43. Roy Breshears v. State of Arkansas, from Saline Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA03-349. Development & Construction Management, Inc. v. City of North Little Rock, from Pulaski Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-143. Office of Child Support Enforcement v. Roger Lee Watkins, from Washington Circuit. Reversed and Remanded. Griffen and Neal, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-325. Sarah Kimbrough v. Warren Carter Kimbrough et al., from Sebastian Probate, Fort Smith District. Affirmed. Stroud, C.J., and Vaught, J., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-256. Healthsouth Rehabilitation Hospital et al. v. Maxine Reese, from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Robbinsand Neal, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-932. David Fulmer v. State of Arkansas, from White Circuit. Affirmed. Robbins and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA02-776. Angela L. Williams v. L. Chad Williams, from Miller Circuit. Affirmed. Robbins and Griffen, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-339. Sherry Ebbs v. Kerry Ozment, M.D., P.A., from Saline Circuit. Affirmed. Robbins and Griffen, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR03-259. Derrick Starks v. State of Arkansas, from Chicot Circuit. Affirmed. Stroud, C.J., and Bird, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-1241. Cornell Jones v. State of Arkansas, from Sebastian Circuit. Reversed. Stroud, C.J., and Roaf, J., agree. Neal, J., concurs. Vaught and Crabtree, JJ., dissent. (6 PAGES + 1-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-1371. Larry Dewayne Jones v. State of Arkansas, from Pulaski Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA02-1373. Richard Henley and Amanda Henley v. Leon Britton and Ruth Britton, from Faulkner Circuit. Affirmed. Hart and Crabtree, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA03-316. Kenneth D. Harris, Sr., et al. v. Regions Bank, from Searcy Circuit. Dismissed. (4 PAGES UNPUBLISHED) [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).

E03-116. Michael P. Fitzmorris v. Director et al.

E03-117. Michael P. Fitzmorris v. Director et al.

E03-119. Patricia L. Frese v. Director et al.

E03-120. Michael Buchanan v. Director et al.

E03-122. Family Eye Clinic v. Director et al.

E03-123. Danny Brubaker v. Director et al.

E03-124. George's, Inc. v. Director et al.

E03-125. Roberto Verdecia v. Director et al.

E03-126. Brenda L. Beck Washington v. Director et al.

E03-129. Jesse C. Ephlin v. Director et al.

E03-130. Willie Washington v. Director et al.

E03-131. Gural Foster v. Director et al.

PER CURIAM ORDERS

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CACR02-963. Tyrone Simpson v. State of Arkansas, from Crittenden Circuit. See substituted opinion this date. (4 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

CA02-699. Edmundo Rogers v. Cynthia Rogers, from Benton Circuit.

CA02-1311. E-Ton Dynamics Industrial Corporation v. Mickie Hall, from Greene Circuit.

CA03-37. Thomas S. Leslie v. Sharron J. Leslie, from Boone Circuit.

CA03-64. Raymon Bledsoe et ux. v. Steve Lackey, from Crittenden Circuit.

CA03-167. Joseph Riddle, Sr. et al. v. Conrad F. Kaelin et al., from Sebastian Circuit, Fort Smith District.

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CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Pro se motion for appointment of new counsel is granted. William James, Jr., is appointed to represent the appellant.

CACR02-963. Tyrone Simpson v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $900.00.

CACR02-1008. Antwon Bankston v. State of Arkansas, from Saline Circuit. Motion of Joe Kelly Hardin for attorney's fees is granted. Allowed $750.00.

CACR02-1252. Samuel Walters v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $650.00.

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Appellee's motion for extension of brief time is granted.

CACR03-351. Chester Arthur Sims v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for additional brief time is granted. Stroud, C.J., Vaught, and Crabtree, JJ., would make this final extension. Griffen, J., would deny.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit. Appellant's pro se motion for copy of transcript is denied.

CACR03-729. Harvey Morris and Donna Morris v. State of Arkansas, from Craighead Circuit, Western District. Appellants' motion to allow belated supplement to the record is granted.

CACR03-823. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is granted.

CA02-776. Angela L. Williams v. L. Chad Williams, from Miller Circuit. Appellee's motion for attorney's fees is denied. See opinion this date.

CA02-1051. Kerry Leigh Remer v. Tom January Floors, Inc., from Washington Circuit. Appellee's motion for costs and attorney's fees is denied.

CA02-1311. E-Ton Dynamics Industrial Corporation v. Mickie Hall, from Greene Circuit. Appellee's motion to supplement the record is denied.

CA03-371. Debra Eades v. Robert P. Eades, from White Circuit. Appellant's motion for additional brief time is granted. Griffen and Crabtree, JJ., would deny.

CA03-506. Dianne Davis v. Alan Hageman, from Pulaski Circuit, Fourteenth Division. Appellant's motion to amend brief is granted.

CA03-596. Pamela Jefferson v. Arkansas Department of Human Services et al., from Pulaski Circuit, Tenth Division. Appellees' joint motion to dismiss appeal is denied.

CA03-748. John Hill, M.D. v. Anita Billups, from St. Francis Circuit. Appellee's motion to file belated brief is granted.

CA03-843. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission. Appellant's motion to file belated brief is granted. Appellant's brief due October 15, 2003.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-146. T. J. Smith, Jr. and Earnestine Smith v. Edward Malone, from Saline Circuit.

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CACR03-112. Norbert Fernano Rennie v. State of Arkansas, from Crawford Circuit. Appellant's motion for additional brief time.

CACR03-239. Juan Perez-Herrera v. State of Arkansas, from Saline Circuit. Motion of Brent Houston for attorney's fees.

CACR03-628. Richard Turner v. State of Arkansas, from Washington Circuit. Appellant's motion to reinstate appeal.

CACR03-727. Patricia Ann King v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement and correct the record.

CACR03-802. Andre' Antonio Roddy v. State of Arkansas, from Phillips Circuit. Appellant's motion to file belated brief.

CA03-317. R. C. Robertson v. Raymond Lees et ux., from Scott Circuit. Appellant's motion to strike brief.

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit. Appellant's motion for additional brief time.

CA03-384. Top Quality Badges, Inc. v. Regina Smith et al., from Union Circuit. Appellant's motion for additional brief time.

CA03-740. State Farm Mutual Automobile Insurance Company v. Wilfer Henderson, from Columbia Circuit. Motion of Arkansas Trial Lawyers Association for permission to file an amicus curiae brief in support of appellee.

SUBMISSIONS

CA02-1220. Mary Beth Nicholson v. Teague Chevrolet, Inc., from Workers' Compensation Commission. Argued orally.

CA02-1271. Gary Lambert et ux. v. Firstar Bank, N.A., from Lincoln Circuit. Argued orally.

CA03-186. Dora Castaneda v. Progressive Classic Insurance Company, from Benton Circuit. Argued orally.

CACR01-1308. Warren Looney v. State of Arkansas, from Independence Circuit.

CACR02-692. Jason Todd Phipps v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR02-1309. Erskine Douglas Flamer v. State of Arkansas, from Chicot Circuit.

CACR02-1322. Warren Bowman v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-96. Jamie C. Emberson, Jr. v. State of Arkansas, from Logan Circuit, Southern District.

CACR03-115. Marvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-141. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA03-45. James Bridges v. Timothy Cater, from Mississippi Circuit, Chickasawba District.

CA03-163. Sergio F. Soto v. Katherine Soto, from Pope Circuit.

CA03-172. Jeff C. Mays v. Donna Lee Mays Godwin, from Pulaski Circuit, Sixteenth Division.

CA03-329. Tobitha Gill v. Sevier Healthcare, Inc., from Workers' Compensation Commission.

CA03-356. Sonya J. Calhoun v. John Mark Calhoun, from Jefferson Circuit.

CA03-385. Donna Cummings et al. v. Arkansas Department of Human Services, from LoganCircuit, Southern District.

CA03-403. Hugh Brown v. Kathy Brown, from White Circuit.

CA03-447. Johnathan Hollister v. State of Arkansas, from Pulaski Circuit, Eleventh Division.

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

E03-146. Karen Easter v. Director et al.

E03-147. Awanna L. Kincade v. Director et al.

E03-148. Glenda M. Barnes v. Director et al.

E03-149. Perry D. Ray v. Director et al.

E03-151. Arthur L. Manning v. Director et al.

E03-154. Frederick M. Newton v. Director et al.

E03-155. Sonic Drive-in v. Director et al.

E03-156. Nancy E. Wall v. Director et al.

E03-157. Marilyn Kay Smith v. Director et al.

E03-158. Joshua C. Haynes v. Director et al.

E03-159. Jereldene Brandon v. Director et al.

E03-160. James R. Ball v. Director et al.