Baird v. State (Vaught, J.) CACR02-757
Search & seizure — General statements regarding concern for other victims insufficient to establish reasonable cause in light of contradictory evidence; warrantless entry into residence couldn't be sustained based on exigent circumstances; evidence obtained directly from unlawful entry excluded; search not constitutionally permissible; trial court erred in denying appellant's motions to suppress. [HTML, WP5.1]

Grupa v. State (Robbins, J.) CACR03-007
Criminal procedure — Judgment & commitment order signed six days after oral entry of guilty plea not contemporaneous writing as required by Ark. R. Crim. P. 24.3; appeal dismissed for want of appellate jurisdiction. [HTML, WP5.1

Jimenez v. State (Pittman, J.) CACR02-1111
Criminal law — Solicitation; appellant's convictions supported by substantial evidence; admonition to jury proper remedy where prejudice is highly speculative; "talk" in form of urging one to commit criminal act is precisely what solicitation statute forbids; appellant failed to establish Brady violation; appellant failed to demonstrate any prejudice. [HTML, WP5.1]

Liberty Mut. Ins. Co. v. Whitaker (Roaf, J.) CA03-304
Insurance — Subrogation; trial court erred in finding release operated to bar any claims by appellant against appellee; allowing appellant to assert right to lien against appellee would further statutory intent of preventing double recovery & placing primary liability upon tortfeasor. [HTML, WP5.1]

Wall v. Director (Roaf, J.) E03-156
Unemployment compensation — Appellant suffered detrimental change in position due to appellee's delay in pursuing claim; latches barred recovery of overpayment. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Carwell Elevator Co. v. Taylor, CA 03-500 (Bird, J.), affirmed in part; remanded in part November 12, 2003. [HTML, WP5.1]

Ezekiel v. State, CA CR 03-288 (Roaf, J.), affirmed November 12, 2003. [HTML, WP5.1]

Franklin v. State, CA CR 03-175 (Griffen, J.), affirmed November 12, 2003. [HTML, WP5.1]

Hampton v. State, CA CR 02-1313 (Crabtree, J.), reversed and remanded November 12, 2003. [HTML, WP5.1]

Holub v. Colinger, CA 03-436 (Crabtree, J.), affirmed November 12, 2003. [HTML, WP5.1]

Nichols v. State, CA CR 03-190 (Neal, J.), affirmed November 12, 2003. [HTML, WP5.1]

Waldron Nursing Center v. Rose, CA 03-295 (Vaught, J.), affirmed on direct appeal and on cross-appeal November 12, 2003. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Areas v. Director of Labor, E 03-196, November 12, 2003.

Baptist Health v. Director of Labor, E 03-198, November 12, 2003.

Barens v. Director of Labor, E 03-194, November 12, 2003.

Couser v. Director of Labor, E 03-192, November 12, 2003.

Johnsen v. Director of Labor, E 03-190, November 12, 2003.

Johnson v. Director of Labor, E 03-197, November 12, 2003.

Morgan v. Director of Labor, E 03-189, November 12, 2003.

Oliver v. Director of Labor, E 03-195, November 12, 2003.

Rayford v. Director of Labor, E 03-193, November 12, 2003.

Roush v. Director of Labor, E 03-191, November 12, 2003.

Seawood v. Director of Labor, E 03-188, November 12, 2003.

Wooten v. Director of Labor, E 03-187, November 12, 2003.

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1111. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Chancery, Sixth Division. Affirmed. Hart and Griffen, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-7. Danny Grupa v. State of Arkansas, from Saline Circuit. Dismissed. Pittman and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CA03-500. Carwell Elevator Company, Inc. and Fremont Compensation v. Delores Taylor, from Workers' Compensation Commission. Affirmed in Part; Remanded in Part. Hart and Vaught, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-175. Lavon Martin Franklin v. State of Arkansas, from Ashley Circuit. Affirmed. Neal and Crabtree, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-190. Antwone Nichols v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-757. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit. Reversed and Remanded. Stroud, C.J., Robbins, Griffen, and Neal, JJ., agree. Bird, J., dissents. (14 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CA03-295. Waldron Nursing Center, Fire & Casualty Insurance Company of Connecticut, and Royal and Sun Alliance v. Carol Rose, from Workers' Compensation Commission. Affirmed on Direct Appeal and on Cross-Appeal. Hart and Bird, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-1313. Robert S. Hampton v. State of Arkansas, from Ashley Circuit. Reversed and Remanded. Hart and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-436. Robert Holub v. Jennifer Colinger, from Lee Circuit. Affirmed. Griffen and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-288. Freddie Ezekiel v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Robbins, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-304. Liberty Mutual Insurance Company v. Donald Whitaker, from Lonoke Circuit. Reversed and Remanded. Pittman and Robbins, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]

E03-156. Nancy E. Wall v. Director, Arkansas Employment Security Department, from Board of Review. Reversed and Dismissed. Vaught, Crabtree, and Baker, JJ., agree. Stroud, C.J., and Neal, J., dissent. (4 PAGES + 2-PAGE DISSENT 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).

E03-187. Cyndella Wooten v. Director et al.

E03-188. Leodis Seawood v. Director et al.

E03-189. Genenell Morgan v. Director et al.

E03-190. Sandra E. Johnsen v. Director et al.

E03-191. Jimmy Roush v. Director et al.

E03-192. Willie R. Couser v. Director et al.

E03-193. Laura Rayford v. Director et al.

E03-194. Cliff Barens v. Director et al.

E03-195. Bridget D. Oliver v. Director et al.

E03-196. Gonzalo M. Areas v. Director et al.

E03-197. Melissa S. Johnson v. Director et al.

E03-198. Baptist Health v. Director et al.

PER CURIAM ORDERS

CACR01-1308. Warren Doug Looney v. State of Arkansas, from Independence Circuit. Motion of Maureen Hazinski Harrod for attorney's fees is granted. Allowed $750.00.

CACR02-757. Chancey Baird v. State of Arkansas, from Washington Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $850.00.

CACR02-1058. Anthony C. Malone v. State of Arkansas, from White Circuit. Appellant's pro se motion to reinstate appeal is granted. David Dunagin is appointed to represent the appellant. Brief due December 22, 2003.

CACR02-1104. Lewis Ray v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney for attorney's fees is denied.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to file additional points for reversal is granted. Additional points to be filed within fifteen (15) days.

CACR03-95. Marcus Vincent v. State of Arkansas, from Drew Circuit. Motion of George R. Spence for attorney's fees is granted. Allowed $750.00.

CACR03-101. Timothy Ramon Moore v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's pro se motion for reconsideration is denied.

CACR03-141. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Charles D. Hancock for attorney's fees is granted. Allowed $750.00.

CACR03-141. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion for publication is denied.

CACR03-583. Roy Edward Franklin v. State of Arkansas, from Crittenden Circuit. Appellee's motion for additional brief time is granted.

CACR03-903. Kenyon Lekiel Glenn v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellee's motion to dismiss appeal is granted. Pittman, J., would deny.

CA03-380. Steven Harbour v. Amber Harbour, from Union Circuit. Appellant's motion to supplement the record is denied.

CA03-708. William Barbour Rudasill, Jr. et al. v. Edwards Design & Construction, Inc., from Washington Circuit. Appellee's motion to file belated brief is granted.

CA03-711. Daniel Fields v. Terri Rankin Byrd, from Perry Circuit. Appellee's motion to dismiss appeal is denied. Stay granted for ninety days.

CA03-998. Marlo Anderson v. Mamie Riley, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is granted.

CA03-1141. Foster B. Richardson v. Patricia Tate Jackson, from Jefferson Circuit. Motion of Tonya M. Alexander to be relieved as counsel for appellant and for brief time is granted.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

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

CA03-242. John E. Atkins and Jeannette W. Atkins v. Bobby E. Fewell, a/k/a Robert E. Fewell, from Pulaski Circuit, Fifth Division.

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CACR03-155. Albert Sims v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file belated points for reversal.

CACR03-164. Timothy Simmons v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees.

CACR03-360. Mary Bradley v. State of Arkansas, from Arkansas Circuit, Northern District. Motionof Dennis R. Molock for attorney's fees.

CACR03-970. Rodney J. Tarver v. State of Arkansas, from White Circuit. Appellant's motion to file belated brief.

CACR03-1221. Jose Armando Flores, Jr. v. State of Arkansas, from White Circuit. Appellant's motion to consolidate CACR03-1221; CACR03-1222; and CACR03-1223.

CA03-177. Caroline M. Cone et al. v. Jeffrey Smith et ux., from Jefferson Circuit. Appellees' motion to strike appellants' brief and in the alternative, motion to affirm trial court and motion for brief time.

CA03-229. David Reap v. Automation Systems, Inc. et al., from Workers' Compensation Commission. Appellees' motion to accept belated supplemental record.

CA03-385. Donna Cummings et al. v. Arkansas Department of Human Services, from Logan Circuit, Southern District. Motion of Trina G. Yerby for attorney's fees and costs.

CA03-388. Robert Joseph Buchanan et al. v. Dorene Buchanan, from Pulaski Circuit, Twelfth Division. Appellants' motion for additional brief time.

CA03-592. Clarence Smith v. City of Fort Smith, from Sebastian Circuit, Fort Smith District. Appellant's motion to file substituted brief.

CA03-790. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division. Appellant's motion for additional brief time.

SUBMISSIONS

CACR03-107. Anthony B. Richardson v. State of Arkansas, from White Circuit. Argued orally.

CA03-208. Shelley S. Turner v. Northwest Arkansas Neurosurgery Clinic, P. A., from Washington Circuit. Argued orally.

CA03-473. Rachel Forrest v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Argued orally.

CACR02-1179. Archie M. Donald v. City of West Memphis, from Crittenden Circuit.

CACR03-192. William Hillery v. State of Arkansas, from Clark Circuit.

CACR03-274. Dedrick Demon Johnson v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-374. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit.

CACR03-476. Kevin Jeremy Linn v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-525. Jerry Dean Cooper v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA03-147. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

CA03-228. Epoxyn Products, Inc. v. Tim Padgett, from Workers' Compensation Commission.

CA03-298. Rachel Forrest v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

CA03-427. Omar Almobarak v. Darryl McCoy et ux., from Benton Circuit.

CA03-518. Lisa A. Hill (Dechaine) v. Samuel Paul Hill, from Benton Circuit.

CA03-531. David Statler et ux. v. Bobby W. Painter et ux., from Randolph Circuit.

CA03-554. Lonnie Jackson v. Mid South Roller, from Workers' Compensation Commission.

CA03-728. Katie Ruth Lawrence v. Arkansas Department of Human Services, from Polk Circuit.

E03-48. Sharon A. Johnson v. Director et al., from Board of Review.