BYME, Inc. v. Ivy (Baker, J.) CA03-716
Contracts — Certainty; court cannot enforce contract it cannot understand; paragraph in question not incapable of being understood; whether condition subsequent occurred was question of fact; summary judgment inappropriate. [HTML, WP5.1]

Ghoston v. State (Crabtree, J.) CACR03-032
Criminal law — Jury instruction submitted by appellant did not contain complete statement of law; not error to refuse instruction; cross-examination should have been allowed on matters reflecting on witness's interest, his motives in testifying, and his bias; reversed & remanded. [HTML, WP5.1]

Hankins v. State (Gladwin, J.) CACR03-275
Conflicts — Ark. Code Ann. § 16-65-121 superseded; trial court is well within its authority to modify sentence pronounced in open court prior to entry of judgment; affirmed. [HTML, WP5.1]

Kent v. USAble Life (Stroud, C.J.) CA03-431
Insurance — Policy not addressed in divorce decree; rights determined in accordance with contractual law; circuit court correctly awarded proceeds to decedent's ex-wife. [HTML, WP5.1]

Lewis v. Director (Griffen, J.) E03-256
Unemployment compensation — Board erred in finding that appellant did not leave work for good cause; case reversed & remanded for award of benefits. [HTML, WP5.1]

Nelson v. State (Robbins, J.) CACR03-270
Evidence — Aggravated-assault conviction supported by evidence; defense counsel waived any error predicated on erroneous use of information where counsel failed to object to use of hearsay written report; no meritorious argument presented that appellant did not possess shotgun; appellant failed to provide convincing argument or authority on issue regarding written list of probationary conditions; revocation of probation affirmed. [HTML, WP5.1]

Shirley v. State (Crabtree, J.) CACR03-610
Criminal law — Appellant sentenced at proceeding separate & apart from guilty plea; appeal proper; judgment & commitment order entered; trial court lacked authority to modify judgment; affirmed as modified. [HTML, WP5.1]

Whitlatch v. Southland Land & Dev. (Crabtree, J.) CA03-736
Workers' compensation — Fair-minded persons could not have reached conclusion that appellant was anything less than permanently & totally disabled; Commission's decision reversed. [HTML, WP5.1]

Whittier v. State (Stroud, C.J.) CACR03-509
Jury — Instructions; trial court erred in refusing manslaughter instruction where rational basis for giving existed; failure to give jury opportunity to consider was prejudicial. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

AFPC, Inc. v. Wallace, CA 03-627 (Vaught, J.), affirmed in part; reversed and remanded in part January 21, 2004. [HTML, WP5.1]

Aldridge v. State, CA CR 02-971 (Gladwin, J.), reversed and dismissed January 21, 2004. [HTML, WP5.1]

Dobbins v. Dobbins, CA 03-210 (Bird, J.), affirmed in part; reversed and remanded in part January 21, 2004. [HTML, WP5.1]

Harrison v. Davis, CA 03-168 (Griffen, J.), affirmed January 21, 2004. [HTML, WP5.1]

Johnson v. State, CA CR 03-312 (Hart, J.), affirmed January 21, 2004. [HTML, WP5.1]

Luster v. State, CA CR 96-609 (Per Curiam), Appellant's Pro Se Motion for Corrected Opinion and Mandate; Appellant's Pro Se Motion for Permission to Proceed with Belated Rule 37 Appeal certified to Arkansas Supreme Court January 21, 2004. [HTML, WP5.1]

Moore v. State, CA CR 03-319 (Gladwin, J.), affirmed January 21, 2004. [HTML, WP5.1]

Nichols v. State, CA CR 02-922 (Neal, J.), affirmed January 21, 2004. [HTML, WP5.1]

Owens v. State, CA CR 03-60 (Bird, J.), affirmed January 21, 2004. [HTML, WP5.1]

Pack v. Arkansas Dep't of Human Servs., CA 03-528 (Neal, J.), affirmed January 21, 2004. [HTML, WP5.1]

Trigleth v. State, CA CR 02-175 (Stroud, C.J.), remanded for rebriefing January 21, 2004. [HTML, WP5.1]

Wade v. State, CA CR 02-1178 (Pittman, J.), affirmed January 21, 2004. [HTML, WP5.1]

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR02-175. Kenneth Trigleth v. State of Arkansas, from Chicot Circuit. Remanded for Rebriefing. Pittman and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-509. Terry Whittier v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. Hart and Gladwin, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-431. Joey Kent v. USAble Life, from Conway Circuit. Affirmed. Hart and Gladwin, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CACR02-1178. Teresa Ann Wade v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Stroud, C.J., and Bird, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-312. Datron L. Johnson, Sr. v. State of Arkansas, from Hot Spring Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR02-971. Donna Sue Aldridge v. State of Arkansas, from Crawford Circuit. Reversed and Dismissed. Griffen and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-275. Glynnis Hankins v. State of Arkansas, from Pope Circuit. Affirmed. Griffen and Roaf, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-319. Alglister Darnelle Moore v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-270. Myron Clay Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Vaught and Crabtree, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-60. Derrick Owens v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Stroud, C.J., and Pittman, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-210. Donna G. Dobbins v. Bryan Dobbins, from Sebastian Circuit, Fort Smith District. Affirmed in Part; Reversed and Remanded in Part. Griffen and Crabtree, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CA03-168. Rose Collier Harrison v. Willie Davis, from Pulaski Circuit. Affirmed. Bird and Crabtree, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

E03-256. Jimmy C. Lewis v. Director, Employment Security Department, from Board of Review. Reversed and Remanded for an Order to Award Benefits. Gladwin and Roaf, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Affirmed. Hart and Baker, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-528. Christy Pack and Donte Myers v. Arkansas Department of Human Services, from Ashley Circuit. Affirmed. Pittman and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-627. AFPC, Inc. and Michael L. Vernon v. R. Scott Wallace, from Pulaski Circuit. Affirmed in Part; Reversed and Remanded in Part. Pittman and Neal, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-32. Donald Ghoston v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. Robbins and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-610. Roy Ewing Shirley, Jr. v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed as Modified. Bird and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA03-736. Charles C. Whitlatch v. Southland Land & Development and The Travelers Insurance Company, from Workers' Compensation Commission. Reversed and Remanded for Award of Permanent Total Disability Benefits. Bird and Griffen, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CA03-716 BYME, Inc. v. Jackie Ivy and Connie Ivy, from Craighead Circuit. Reversed and Remanded. Hart and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

CACR96-609. Kirk Luster v. State of Arkansas, from Clark Circuit. Appellant's pro se motion for corrected opinion and mandate. See per curiam this date. Appellant's pro se motion for permission to proceed with belated Rule 37 appeal. Motion certified to Arkansas Supreme Court. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to recall mandate is denied. Hart and Crabtree, JJ., would grant.

CACR02-1027. Raymond M. Berta and James Berta v. State of Arkansas, from Lonoke Circuit. Motion of Patrick J. Benca for attorney's fees for appellant, James Berta, is granted. Allowed $750.00.

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, is granted. Allowed $750.00.

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

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

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

CACR03-70. Billy James Williams v. State of Arkansas, from White Circuit. Motion of Tracy R. Rothermel for attorney's fees is granted. Allowed $750.00.

CACR03-262. Jason McConnell v. State of Arkansas, from Scott Circuit. Motion of Michael L. Allison for attorney's fees is granted. Allowed $750.00.

CACR03-432. Johnny Kuske v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $750.00.

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 is granted. Remanded to the trial court to settle the record within thirty days; appellant's brief due thirty days thereafter.

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

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 is granted.

CA03-228. Epoxyn Products, Inc. et al. v. Timothy Padgett, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs. Appellee awarded attorney's fee of $500.00. Pittman, Crabtree, and Baker, JJ., would deny. Roaf, J., would deny without prejudice. Griffen, J., not participating.

CA03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Appellee's motion for additional brief time is granted. Crabtree, J., would deny.

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 is granted.

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

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 is granted.

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

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

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR02-1001. Glenn E. George v. State of Arkansas, from Garland Circuit.

*****************************

CACR02-774. Fabious Myles v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of John H. Bradley for attorney's fees.

CACR02-1110. Earnest Britman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees.

CACR02-1139. William Helton v. State of Arkansas, from Sevier Circuit. Motion of Val P. Price for attorney's fees.

CACR03-200. Jeff Chandler v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of John H. Bradley for attorney's fees.

CACR03-499. Willie Glenn Howard v. State of Arkansas, from Union Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR03-969. Christopher Goodrum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Resubmission of motion of John L. Kearney to be substituted as counsel for appellant and for brief time.

CACR03-1328. Barbara D. Bogard v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief.

CA03-147. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Dale Arnold for attorney's fees.

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

CA03-949. PricewaterhouseCoopers, LLP et al. v. Warmack-Muskogee Limited Partnership, from Miller Circuit. Renewed joint motion to stay appeal or in the alternative, stay the briefing schedule, or in the alternative, for extension of appellant's brief deadline.

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division. Appellants' pro se motion to supplement the record

CA03-1030. Ross E. Brashears v. American International South Company, from Benton Circuit. Motion of Julia L. Busfield to withdraw as counsel for appellee and to substitute Emily A. Lackey as counsel.

CA03-1349. Tonya M. Smith v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. et al., from Yell Circuit, Southern District. Motion of Michael Lamoureux to be relieved as counsel for appellees, Elmer and Edna Partain, and for brief time.

SUBMISSIONS

CA03-681. Pearline Williams v. L & W Janitorial Service, Inc. et al., from Workers' Compensation Commission. Argued orally.

CACR01-1417. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit.

CACR01-1418. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit.

CACR03-302. John Earl Dye v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CACR03-438. James Derrick Riley, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-514. Davienne Williams v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-519. Mark Randall Davis v. State of Arkansas, from Washington Circuit.

CACR03-600. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit.

CACR03-614. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA03-317. R. C. Robertson v. Raymond Lees, from Scott Circuit.

CA03-343. Lyle Swearingin v. Evergreen Lawns, from Workers' Compensation Commission.

CA03-545. Marcy Cook v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

CA03-596. Pamela Jefferson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

CA03-655. Lisa Michelle Alford et al. v. Eula Beatrice (Alford) Hale et al., from Saline Circuit.

CA03-687. Victoria Moore v. L.C. Sipes, from Jefferson Circuit.

CA03-738. Tom Sanders v. Heidi Sanders, from Boone Circuit.

CA03-753. Bettie Golden, d/b/a MS Carriers et al. v. Bettie Golden, Employee, from Workers' Compensation Commission.

CA03-816. Victoria M. Andrews v. Polk County Humane Society, Inc., from Polk Circuit.

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

E03-276. Trandy F. Williams v. Director et al.

E03-277. Maureen Pylant v. Director et al.

E03-278. Diane D. Smith v. Director et al.

E03-281. Frankie Williams v. Director et al.

E03-282. Tracie Elliott v. Director et al.

E03-283. Carey W. Alexander v. Director et al.

E03-284. Michael K. Gray v. Director et al.

E03-285. Steven K. Lindsey v. Director et al.

E03-286. Rita A. Pastchol v. Director et al.

E03-287. Stephen L. Wright v. Director et al.

E03-288. ATeam Temporaries v. Director et al.

E03-290. Terry L. Webb v. Director et al.