Alford v. Hale (Robbins, J.) CA03-655
Vital records — Final disposition of dead body; appellants as next-of-kin should not have been prevented from proceeding with disinterment. [HTML, WP5.1]

Conner v. Donahoo (Baker, J.) CA03-433
Probate — Witness who signed will in adjacent room was "in presence of testator"; judgment that testatrix's will was invalid reversed & matter remanded. [HTML, WP5.1]

Jackson v. Houchin (Gladwin, J.) CA03-089
Automobiles — Appellant not authorized to sign application for minor; act of signing application brought appellant within purview of statute; cases relied upon by appellant inapplicable; statutory provisions imputing negligence did not apply. [HTML, WP5.1]

Moore v. Sipes (Gladwin, J.) CA03-687
Guardian & ward — Guardianship petition heard by circuit court; no error found; appellant not unfit parent; order granting guardianship to appellees reversed. [HTML, WP5.1]

Thornton v. State (Crabtree, J.) CACR03-374
Criminal procedure — Probable cause; deputy had probable cause to believe he had witnessed violation of law where automobile license tag was registered to another vehicle; drug dog's positive identification gave officers additional cause to search; officer had probable cause to arrest; trial court did not err in refusing to suppress evidence. [HTML, WP5.1]

Williams v. L & W Janitorial, Inc. (Stroud, C.J.) CA03-681
Workers' compensation — Aggravation of preexisting condition; appellee seeking medical benefits & temporary total disability; major-cause analysis not applicable; Commission's finding not supported by substantial evidence; reversed & remanded for award of benefits. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Andrews v. Polk County Humane Society, CA 03-816 (Vaught, J.), appeal dismissed February 4, 2004. [HTML, WP5.1]

Dye v. State, CA CR 03-302 (Hart, J.), affirmed February 4, 2004. [HTML, WP5.1]

Golden v. Golden, CA 03-753 (Bird, J.), affirmed February 4, 2004. [HTML, WP5.1]

Harris v. Arkansas Dep't of Human Servs., CA 03-235 (Bird, J.), affirmed February 4, 2004. [HTML, WP5.1]

Hegwood v. State, CA CR 03-423 (Gladwin, J.), affirmed February 4, 2004. [HTML, WP5.1]

Kelley v. State, CA CR 03-600 (Stroud, C.J.), reversed and dismissed February 4, 2004. [HTML, WP5.1]

Riley v. State, CA CR 03-438 (Gladwin, J.), affirmed February 4, 2004. [HTML, WP5.1]

Sanders v. Sanders, CA 03-738 (Neal, J.), affirmed February 4, 2004 [HTML, WP5.1].

Whisenant v. State , CA CR 01-1417 (Baker, J.), affirmed February 4, 2004. [HTML, WP5.1]

Williams v. State, CA CR 03-514 (Bird, J.), affirmed February 4, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

A Team Temps. v. Director of Labor, E 03-288, February 4, 2004.

Alexander v. Director of Labor, E 03-283, February 4, 2004.

Elliott v. Director of Labor, E 03-282, February 4, 2004.

Gray v. Director of Labor, E 03-284, February 4, 2004.

Lindsey v. Director of Labor, E 03-285, February 4, 2004.

Pastchol v. Director of Labor, E 03-286, February 4, 2004.

Pylant v. Director of Labor, E 03-277, February 4, 2004.

Smith v. Director of Labor, E 03-278, February 4, 2004.

Webb v. Director of Labor, E 03-290, February 4, 2004.

Williams, Frankie v. Director of Labor, E 03-281, February 4, 2004.

Williams, Trandy F. v. Director of Labor, E 03-276, February 4, 2004.

Wright v. Director of Labor, E 03-287, February 4, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-600. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit. Reversed and Dismissed. Hart and Gladwin, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-681. Pearline Williams v. L & W Janitorial, Inc. and Cincinnati Insurance Company, from Workers' Compensation Commission. Reversed and Remanded. Hart and Gladwin, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-302. John Earl Dye v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud, C.J., and Gladwin, J., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR03-423. Michael Hegwood v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-438. James Derrick Riley v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-89. Freddie L. Jackson v. David Houchin, from Jefferson Circuit. Affirmed. Stroud, C.J., and Hart, J., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

CA03-687. Victoria Moore v. L.C. Sipes and Lois Sipes, from Jefferson Circuit. Reversed and Remanded. Stroud, C.J., and Hart, J., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-655. Lisa Michelle Alford and Carl Andrew Alford v. Eula Beatrice (Alford) Hale, Janice Ann (Alford) Richards et al., from Saline Circuit. Reversed. Baker and Roaf, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-514. Davienne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-235. Jimmy Harris v. Arkansas Department of Human Services, from Union Circuit. Affirmed. Hart and Vaught, JJ., agree. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-753. Bettie Golden, d/b/a MS Carriers, and the Arkansas Property & Casualty Guaranty Fund v. Bettie Golden, Employee, from Workers' Compensation Commission. Affirmed. Griffen and Crabtree, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-738. Thomas Sanders v. Heidi Sanders, from Boone Circuit. Affirmed. Pittman and Vaught, JJ., agree. (15 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-816. Victoria M. Andrews v. Polk County Humane Society, from Polk Circuit. Appeal Dismissed. Pittman and Neal, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-374. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud, C.J., Gladwin, and Neal, JJ., agree. Baker, J., concurs. Griffen, J., dissents. (7 PAGES + 2-PAGE CONCURRENCE + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR01-1417. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Affirmed. Robbins and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-433. Mollie Conner v. Ona Lee Donahoo, from Miller Circuit. Reversed and Remanded. Robbins and Roaf, JJ., agree. (4 PAGES 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).

E03-276. 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.

PER CURIAM ORDERS

CACR99-992. David Brady v. State of Arkansas, from Lee Circuit. Appellee's motion to withdraw mandate is granted.

CACR00-1402. James Hannah v. State of Arkansas, from Greene Circuit. Appellant's pro se motion to reinstate appeal is denied.

CACR02-1340. Barney Allen Barnett v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III to substitute Gary W. Potts as counsel for appellant is granted.

CACR03-32. Donald Ghoston v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $1,000.00.

CACR03-71. Phillip Parmley v. State of Arkansas, from Garland Circuit. Appellant's pro se motion for extension of time to request rehearing is granted to March 15, 2004. Vaught and Crabtree, JJ., would deny.

CACR03-437. Daniel Terry Hood v. State of Arkansas, from Prairie Circuit, Northern District. Motion of Jim Petty for attorney's fees is granted. Allowed $1,000.00.

CACR03-576. Nelson Nimmer v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees is granted. Allowed $850.00.

CACR03-588. Terrance N. Baker v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $850.00.

CACR03-650. Clifton Liggins v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Gary W. Potts for attorney's fees is granted. Allowed $1,000.00.

CACR03-1388. Alexander Stewart v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to consolidate this appeal with CACR03-1389 and for brief time is granted.

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

CA03-967. Burma Jean Martin et al. v. Michael Knollmeyer, from Pulaski Circuit, Twelfth Division. Appellants' pro se motion to accept reply brief with supplemental addendum is denied. Leave granted to file conforming reply brief within fifteen days.

CA03-1155. Louise A. Henyan et al. v. Richard D. Peek, M.D. et al., from Pulaski Circuit, Second Division. Appellants' motion for additional brief time is granted.

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division. Appellant's pro se motion to reconsider order granting appellee's motion to file belated brief is denied.

CA03-1292. Robert B. Jerry v. Washington Group International, from Workers' Compensation Commission. Appellant's pro se motion to file nonconforming brief is denied.

CA03-1390. Tammy Roberts and David Roberts v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of appellant, Tammy Roberts, to file belated brief is granted.

CA03-1390. Tammy Roberts and David Roberts v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of appellant, David Roberts, to file belated brief is granted.

CA03-1406. Lois C. Billingsley et al. v. Harvey Smith, Trustee, from White Circuit. Appellant's motion for instruction is denied.

CA03-1470. Curt Bean Transport v. Margarita Barbosa, from Workers' Compensation Commission. Appellee's motion to dismiss appeal is granted. Motion for attorney's fees is denied.

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellant's petition for writ of certiorari to complete the record and for brief time is denied without prejudice to file a motion to consolidate.

CA04-60. Sara Mickey v. Arkansas Methodist Hospital et al., from Workers' Compensation Commission. Appellees' motion to dismiss appeal is granted. Clerk to assess costs on mandate.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA03-630. Theresa Barron v. Creative Foods et al., from Workers' Compensation Commission.

CA03-859. Anderson Gas & Propane, Inc. and Don Anderson v. Westport Insurance Corporation, from Madison Circuit.

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CACR02-175. Kenneth Trigleth v. State of Arkansas, from Chicot Circuit. Motion of G.B. "Bing" Colvin, III to substitute Gary W. Potts as counsel for appellant and for brief time.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Motion of John W. Cone for attorney's fees.

CACR02-1111. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Chancery, Sixth Division. Appellant's motion to recall mandate.

CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motion to file additional points for reversal.

CACR03-1031. William Charles Lindsey v. State of Arkansas, from Crawford Circuit. Appellee's motion to file belated brief.

CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Motion of LeaEllen Fowler to dismiss appeal.

CACR03-1193. Stacey Allen Myjack v. State of Arkansas, from Greene Circuit. Appellant's motion to supplement the record.

CACR03-1197. James Ricky Mauldin v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief.

CA03-332. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion of Barbara A. Ketring-Beuch for attorney's fees.

CA03-454. Marlene Sheppard v. Robert R. Speir, from Washington Circuit. Appellant's pro se motion for warranted oral argument.

CA03-528. Christy Pack and Donte Myers v. Arkansas Department of Human Services, from Ashley Circuit. Motion of Joseph P. Mazzanti III for attorney's fees and expenses.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for reinstatement of appeal.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to be reinstated as a party to this appeal; motion to be allowed to check out the record; and motion for appointment of counsel and for brief time.

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

CA03-1123. Henry and A.J. Winbery et al. v. James A. Neasley (Deceased), from Workers' Compensation Commission. Motion of separate appellant, Joe Parker Construction, to adopt brief and to accept letter brief.

CA03-1183. Gregory Scott Carr v. Anne and John Millar, from Lonoke Probate. Appellees' motion to dismiss appeal.

CA03-1238. Ralph Whitten v. Edward Trucking, from Workers' Compensation Commission. Appellant's motion to consolidate this appeal with CA03-1242.

CA03-1367. James William Blackmon v. Carolyn Ann Blackmon, from Pulaski Circuit, Twelfth Division. Appellant's motion for additional brief time.

CA03-1447. Jody K. Nail v. Tony N. Reddell et al., from Prairie Circuit, Northern District. Appellant's motion to remand to settle the record.

CA04-53. Melody Grissom v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of attorney ad litem for anonymity.

CA04-81. Atlas Carriers, Inc. et al. v. Allen W. Sexton, from Workers' Compensation Commission. Appellants' petition for writ of certiorari to complete the record.

SUBMISSIONS

CA03-182. Cincinnati Life Insurance Company v. Linda Mickles, from Pulaski Circuit, Second Division. Argued orally.

CA03-622. Tina Marie Phillips v. Arkansas Department of Human Services, from Benton Circuit. Argued orally.

CACR02-1036. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit.

CACR02-1191. Timothy Burchfield and Debra K. Burchfield v. State of Arkansas, from Drew Circuit.

CACR03-15. Richard Earl Von Holt, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CACR03-133. Gaylon Jean Brown v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-441. James David Wright v. State of Arkansas, from Garland Circuit.

CACR03-484. Shawn Spence v. State of Arkansas, from Logan Circuit, Southern District.

CACR03-797. David Cordell and Randall Cordell v. State of Arkansas, from Saline Circuit.

CA03-451. Clay D. King et ux. v. Sandra Powell, from Benton Circuit.

CA03-458. Quinn-Matchett Partners, Inc. v. Parker Corporation, Inc., from Faulkner Circuit.

CA03-776. Mary Jones v. Professional Counseling Associates et al., from Pulaski Circuit, Seventh Division.

CA03-778. James Billingsley et ux. v. David E. Smith et al., from Saline Circuit.

CA03-791. Richard Gore v. Heartland Community Bank, from Saline Circuit.

CA03-806. Hildred Hayes v. Carroll County Judge et al., from Workers' Compensation Commission.

CA03-834. Weyerhaeuser, Inc. v. William Doyle McCarley et al., from Polk Circuit.

CA03-872. North American Railway Service v. Carl E. Henderson, from Workers' Compensation Commission.

CA03-883. Area Agency on Aging et al. v. Charlene Catlett, from Workers' Compensation Commission.

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

E03-289. Delores Y. Gross v. Director et al.

E03-305. Carolyn A. Garrett v. Director et al.

E03-306. Charles R. Watkins v. Director et al.

E03-307. Patricia L. Brown v. Director et al.

E03-308. Stephanie S. Fitzpatrick v. Director et al.

E03-309. Vernedia M. Tucker v. Director et al.

E03-310. Carlos Chicas v. Director et al.

E03-311. Jo Ann Conklin v. Director et al.

E03-312. Scottie L. Wilson v. Director et al.

E03-317. Cherry L. Price v. Director et al.

E03-319. Mark E. Alexander v. Director et al.

E03-320. Loyd A. Tyler v. Director et al.