Berta v. State (Hart, J.) CACR02-1027 (unpublished opinion November 19, 2003; redesignated as published January 14, 2004)
Search & seizure — Search warrant; affidavit lacked any reference to time; none could be inferred; elimination of third fact & misleading allegations regarding criminal history in fourth fact rendered warrant invalid; circuit court abused discretion in denying one appellant's severance motion. [HTML, WP5.1]

Johnson v. Director (Crabtree, J.) E03-048
Unemployment compensation — Misconduct found; Board's finding supported by substantial evidence; denial of unemployment benefits affirmed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Baker v. State, CA CR 03-588 (Hart, J.), affirmed January 14, 2004. [HTML, WP5.1]

Barnett v. State, CA CR 02-1340 (Hart, J.), rebriefing ordered January 14, 2004. [HTML, WP5.1]

Britman v. State, CA CR 02-1110 (Neal, J.), affirmed January 14, 2004. [HTML, WP5.1]

Chandler v. State, CA CR 03-200 (Crabtree, J.), affirmed January 14, 2004. [HTML, WP5.1]

Davis v. Hageman, CA 03-506 (Bird, J.), affirmed January 14, 2004. [HTML, WP5.1]

Hatchett v. State, CA CR 02-1099 (Vaught, J.), affirmed January 14, 2004. [HTML, WP5.1]

Helton v. State, CA CR 02-1139 (Crabtree, J.), affirmed January 14, 2004. [HTML, WP5.1]

Hood v. State, CA CR 03-437 (Bird, J.), affirmed January 14, 2004. [HTML, WP5.1]

Howard v. State, CA CR 03-499 (Griffen, J.), affirmed and Motion to be Relieved as Counsel granted January 14, 2004. [HTML, WP5.1]

Lee v. State, CA CR 02-1141 (Baker, J.), rebriefing ordered January 14, 2004. [HTML, WP5.1]

Maxwell v. State, CA CR 03-55 (Gladwin, J.), reversed and remanded January 14, 2004. [HTML, WP5.1]

Myles v. State, CA CR 02-774 (Stroud, C.J.), reversed and dismissed in CR-99-69; affirmed in CR-2000-58 January 14, 2004. [HTML, WP5.1]

Parmley v. State, CA CR 03-71 (Griffen, J.), affirmed and motion granted January 14, 2004. [HTML, WP5.1]

Phillips, Randy v. State, CA CR 02-1238 (Baker, J.), affirmed January 14, 2004. [HTML, WP5.1]

Phillips, Randy v. State, CA CR 02-1240 (Roaf, J.), affirmed January 14, 2004. [HTML, WP5.1]

Reeves v. State, CA CR 03-05 (Gladwin, J.), affirmed January 14, 2004. [HTML, WP5.1]

Sharp v. State, CA CR 03-219 (Pittman, J.), Motion to Withdraw as Counsel denied; rebriefing ordered January 14, 2004. [HTML, WP5.1]

Smith v. State, CA CR 03-20 (Robbins, J.), affirmed January 14, 2004. [HTML, WP5.1]

Stevenson v. State, CA CR 02-935 (Roaf, J.), affirmed January 14, 2004. [HTML, WP5.1]

Wallace v. State, CA CR 03-471 (Vaught, J.), rebriefing ordered January 14, 2004. [HTML, WP5.1]

Watson v. State, CA CR 02-1305 (Griffen, J.), affirmed January 14, 2004. [HTML, WP5.1]

Wyrick v. Arkansas Dep't of Human Servs., CA 03-442 (Roaf, J.), affirmed January 14, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Brewington v. Director of Labor, E 03-249, January 14, 2004.

Lane v. Director of Labor, E 03-265, January 14, 2004.

Lawson v. Director of Labor, E 03-260, January 14, 2004.

McClanahan v. Director of Labor, E 03-254, January 14, 2004.

McFadden v. Director of Labor, E 03-252, January 14, 2004.

Sanner, Sharon v. Director of Labor, E 03-253, January 14, 2004.

Sanner, Sharon v. Director of Labor, E 03-266, January 14, 2004.

Sosinski v. Director of Labor, E 03-255, January 14, 2004.

Vincent v. Director of Labor, E 03-267, January 14, 2004.

Wilson v. Director of Labor, E 03-257, January 14, 2004.

Wood v. Director of Labor, E 03-263, January 14, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-774. Fabious Myles v. State of Arkansas, from Mississippi Circuit. Reversed and Dismissed in CR-99-69; Affirmed in CR-2000-58. Bird, J., agrees. Pittman, J., concurs. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit. Motion to Withdraw as Counsel Denied; Rebriefing Ordered. Stroud, C.J., and Bird, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit. Rebriefing Ordered. Neal and Baker, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-588. Terrance N. Baker v. State of Arkansas, from Crittenden Circuit. Affirmed. Neal and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-05. James Michael Reeves v. State of Arkansas, from Pulaski Circuit. Affirmed. Griffen and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-55. Richard Harold Maxwell v. State of Arkansas, from Ashley Circuit. Reversed and Remanded. Stroud, C.J., and Baker, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-20. Domonic Lasean Smith v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Vaught and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-525. Jerry Dean Cooper v. State of Arkansas, from Pulaski Circuit, Fourth Division. Reversed and Remanded. Hart, Bird, Vaught, and Roaf, JJ., agree. Pittman, J.,dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-437. Daniel Terry Hood v. State of Arkansas, from Prairie Circuit, Northern District. Affirmed. Stroud, C.J., and Pittman, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-506. Dianne Davis v. Alan Hageman, from Pulaski Circuit. Affirmed. Stroud, C.J., and Pittman, J., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-1305. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Crabtree, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-71. Phillip Parmley v. State of Arkansas, from Garland Circuit. Affirmed and Motion Granted. Gladwin and Roaf, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-499. Willie Glenn Howard v. State of Arkansas, from Union Circuit. Affirmed and Motion to be Relieved as Counsel is Granted. Gladwin and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-1110. Earnest Britman v. State of Arkansas, from Mississippi Circuit. Affirmed. Hart and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR02-1099. Corey Terrell Hatchett v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-471. Roy Lee Wallace v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Robbins and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR02-1139. William Helton v. State of Arkansas, from Sevier Circuit. Affirmed. Robbins and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-200. Jeff Chandler v. State of Arkansas, from Mississippi Circuit. Affirmed. Robbins and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

E03-48. Sharon A. Johnson v. Director, Employment Security Department and Beverly Health, from Board of Review. Affirmed. Stroud, C.J., Pittman, Robbins, and Neal, JJ., agree. Gladwin, Griffen, Baker, and Roaf, JJ., dissent. (7 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. Hart and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1238. Randy Phillips v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Neal, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR02-935. Torrizell Stevenson v. State of Arkansas, from Pulaski Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1240. Randy Phillips v. State of Arkansas, from Garland Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-442. Melinda Wyrick v. Arkansas Department of Human Services, from Benton Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (18 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).

E03-249. William E. Brewington v. Director et al.

E03-252. Ruby J. McFadden v. Director et al.

E03-253. Sharon Sanner v. Director et al.

E03-254. Joel M. McClanahan v. Director et al.

E03-255. Stanley E. Sosinski v. Director et al.

E03-257. Scottie L. Wilson v. Director et al.

E03-260. Johnny Ray Lawson v. Director et al.

E03-263. Pamela D. Wood v. Director et al.

E03-265. Benjamin David Lane v. Director et al.

E03-266. Sharon Sanner v. Director et al.

E03-267. Ricky D. Vincent v. Director et al.

PER CURIAM ORDERS

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

CACR03-328. Rodney Doubleday v. State of Arkansas, from Van Buren Circuit. Roaf, J., would grant.

CA03-11. Mark Heptinstall v. Asplundh Tree Expert Company and Reliance National Insurance Company, from Workers' Compensation Commission. Pittman and Vaught, JJ., would grant.

CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit.

CA03-462. Dean Tyrer and Angela Tyrer v. Robert Ryan, from Craighead Circuit, Western District.

CA03-660. Flash Market, Inc. v. Pete Karczmarczyk, from Saline Circuit.

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CACR02-1027. Raymond M. Berta and James Berta v. State of Arkansas, from Lonoke Circuit. Appellants' motion to publish an unpublished opinion is granted. (UNPUBLISHED OPINION NOVEMBER 19, 2003; REDESIGNATED AS PUBLISHED JANUARY 14, 2004 -- 7 PAGES) [HTML, WP5.1]

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to clarify is denied.

CACR03-179. James Ricky Glasgow v. State of Arkansas, from Hot Spring Circuit. Motion of Phyllis J. Lemons for attorney's fees is granted. Allowed $750.00.

CACR03-324. Anthony Waits v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to file supplemental brief is denied.

CACR03-504. Anthony Bens v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of John C. Stratford for attorney's fees is granted. Allowed $750.00.

CACR03-804. Hubert Corbin v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file corrected appellant's brief is granted. Brief deemed corrected.

CACR03-1078. Kevin Warnell Green v. State of Arkansas, from Drew Circuit. Motion of G. B. "Bing" Colvin, III to be relieved and to appoint Gayle Zimmerman as counsel for appellant and for brief time is granted.

CACR03-1267. Christopher Owen v. State of Arkansas, from Clark Circuit. Motion of David R. Cannon to be substituted as counsel for appellant is granted. Brief due in thirty days.

CA02-515. James Douglas Dunham v. Michael and Stephanie Doyle, from Washington Circuit. Motion of Brenda Horn Austin to withdraw as counsel for appellees is granted.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.

CA03-846. Paul Sudmeier v. Bill Wallace, from Washington Circuit. Appellant's motion for additional brief time is granted.

CA03-1064. G. Lee Cranfill, M.D. v. Union Planters Bank, N.A. and Northeast Arkansas Management Company, LLC, from Craighead Circuit, Western District. Motion of appellee, Northeast Arkansas Management Company, LLC, to obtain sealed record is granted. See State v. Jonathan Graydon (November 19, 2003).

CA03-1203. Troy Elliott v. Jesse Ray Shepherd, from Crawford Circuit. Appellant's pro se motion to dismiss appeals from interlocutory orders is denied.

CA03-1226. The Ruth R. Remmel Revocable Trust et al. v. Regions Financial Corporation et al., from Pulaski Circuit, Third Division. Appellees' joint motion to dismiss appeal is granted.

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division. Appellee's motion to file belated brief is granted.

CA03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Motion of Attorney ad Litem for release of sealed record and motion for brief time is granted. See State v. Jonathan Graydon (Nov. 19, 2003).

CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellants' motion to supplement the record; to file nonconforming brief; and for brief time. Remanded to the Commission to settle the record within thirty days. Motion to file nonconforming brief is granted; appellant's brief due thirty days after record is settled.

CA03-1440. Heath Simmons v. Farm Cat, Inc. et al., from Workers' Compensation Commission. Appellant's motion for rule on clerk to lodge transcript is denied.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-604. Herbert Brake v. The Kroger Company, Inc. and CNA Insurance Company, from Workers' Compensation Commission.

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CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to recall mandate.

CACR02-1027. Raymond M. Berta and James Berta v. State of Arkansas, from Lonoke Circuit. Motion of Dennis R. Molock for attorney's fees for appellant, Raymond M. Berta.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion for new trial.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion for writ of certiorari.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to submit new and additional evidence.

CACR03-70. Billy James Williams v. State of Arkansas, from White Circuit. Motion of Tracy R. Rothermel for attorney's fees.

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

CACR03-262. Jason McConnell v. State of Arkansas, from Scott Circuit. Motion of Michael L. Allison for attorney's fees.

CACR03-432. Johnny Kuske v. State of Arkansas, from Lonoke Circuit. Motion of William O."Bill" James, Jr., for attorney's fees.

CACR03-583. Roy Edward Franklin, Jr. v. State of Arkansas, from Crittenden Circuit. Appellant's pro se motion to file reply brief.

CACR03-1100. Clifton Mason v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's petition for writ of certiorari to complete the record and to stay brief time.

CACR03-1126. Mac Arthur Brantley v. State of Arkansas, from Columbia Circuit. Appellant's motion for additional brief time.

CACR03-1359. John Michael Chandler v. State of Arkansas, from Saline Circuit. Motion of W. Darrel Blount to be substituted as counsel for appellant and for brief time.

CA03-228. Epoxyn Products, Inc. et al. v. Timothy Padgett, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's 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 belated reply brief and for brief time.

CA03-772. Daniel B. Harbour v. James M. Monk, from Union Circuit. Appellee's motion to dismiss appeal.

CA03-1028. Debra Yearwood v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission. Appellees' motion to strike appellant's brief.

CA03-1099. Mary Linker Flores et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Anne Orsi Smith to be relieved as counsel for separate appellant, Mary Linker Flores and for extension of brief time.

CA03-1178. Mary L. Hodges Bradley v. Robert L. Frazier, from Mississippi Circuit, Chickasawba District. Appellant's motion for extension of time to supplement the record and to file substituted brief.

CA03-1278. DeQueen Sand & Gravel Company v. Kevin Wargo, from Workers' Compensation Commission. Appellant's motion to file non-conforming brief.

CA03-1318. MedMarc Casualty Insurance Company v. Forest Healthcare, Inc. et al., from Howard Circuit. Joint motion for stay of execution of judgment.

SUBMISSIONS

CA03-748. John Hill, M.D. v. Anita Billups, from St. Francis Circuit. Argued orally.

CACR02-920. Michael J. Venis v. State of Arkansas, from Benton Circuit.

CACR03-134. Francis Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-150. Henry Frank Eason, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-303. Mack Yancy, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit, Osceola District.

CACR03-423. Michael Eugene Hegwood v. State of Arkansas, from Jefferson Circuit.

CACR03-461. Javanna Sims v. State of Arkansas, from Johnson Circuit.

CACR03-488. Timothy Ramon Moore v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR03-534. Donald Owens v. State of Arkansas, from Pulaski Circuit, First Division.

CA03-306. Non-Profit Telemedia, Inc. et al. v. Fran D. Clark, from Pulaski Circuit, Second Division.

CA03-340. Arkansas Mechanical Services, Inc. v. Emery Jarrett, from Pulaski Circuit, Twelfth Division.

CA03-433. Mollie Conner v. Oha Lee Donahue, from Miller Probate.

CA03-559. Angela Olsen v. East End School District et al., from Perry Circuit.

CA03-582. Anita Cassidy v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

CA03-640. William G. "Bill" Abernathy v. Abdulazze Adous, from Crittenden Circuit.

CA03-735. Charles Cogburn v. Mary Sue Wolfenbarger, from Montgomery Circuit.

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

E03-121. Judy N. Parker v. Director et al.

E03-139. Cathy L. Westbrook v. Director et al.

E03-176. Joyce L. Eubanks v. Director et al.

E03-258. Jacqueline Holmes v. Director et al.

E03-259. Aaron Jackson v. Director et al.

E03-262. Sharon A. Ward v. Director et al.

E03-264. Margaret L. Scamardo v. Director et al.

E03-270. Brenda C. Rogers v. Director et al.

E03-271. Mary J. Grantham v. Director et al.

E03-272. Kathy L. Bartlett v. Director et al.

E03-273. Steven H. Askew v. Director et al.

E03-274. Jerry L. Luce v. Director et al.