Aydelotte v. State (Baker, J.) CACR02-1176
Criminal law — Simultaneous possession of drugs & firearm; burden of proof met; appellant failed to properly challenge magistrate's authority through direct proceeding; evidence did not support lack of neutrality or detachment on part of magistrate. [HTML, WP5.1]

Hudson v. State (Roaf, J.) CACR02-1283
Evidence — Statement to police properly admitted; tape recording of prior consistent statement properly admitted; evidence of appellant's drug use was probative of his motive in committing aggravated robbery & murder; evidence properly admitted; motions for mistrial properly denied; separate convictions & sentences explicitly authorized by legislature for first-degree murder & underlying felony; appellant's separate convictions & sentences did not violated double-jeopardy provisions of either state or U.S. constitutions. [HTML, WP5.1]

McConnell v. State (Baker, J.) CACR03-410
Criminal procedure — Stopping & detaining of person; reasonable suspicion existed for officer to stop appellant. [HTML, WP5.1]

Moore v. Davidson (Roaf, J.) CA03-653
Divorce — Sufficient corroboration of testimony presented; trial court erred in denying divorce based on insufficient evidence of corroboration. [HTML, WP5.1]

Spears v. State (Hart, J.) CACR02-1005
Appeal & error — Abstracting deficiencies; rebriefing ordered. [HTML, WP5.1]

Swearengin v. Evergreen Lawns (Crabtree, J.) CA03-343
Workers' compensation — Going-&-coming rule; appellant's claim precluded where accident occurred while he was traveling home; testimony concerning vehicle provided as gratuity provided substantial basis for denial of relief. [HTML, WP5.1]

Whisenant v. State (Roaf, J.) CACR01-1418
Evidence — Financial identity fraud & theft of property; evidence sufficient to support convictions; motion for continuance properly denied; appellant had reasonable expectation of privacy in purse; warrantless search of appellant's purse violated Fourth Amendment; police search exceeded scope of boyfriend's search & lacked additional justification; boyfriend acted as agent of police; motion to suppress properly denied; no basis in facts for "choice of evils" defense; trial court did not err in refusing to give instruction. [HTML, WP5.1]

Yancy v. State (Robbins, J.) CACR03-303
Criminal procedure — Speedy trial; July 2002 trial on August 2001 theft-by-receiving charge was timely for speedy-trial purposes. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Battishill v. Arkansas Dep't of Human Servs., CA 03-611 (Vaught, J.), affirmed February 11, 2004. [HTML, WP5.1]

Beaird v. State, CA CR 03-928 (Griffen, J.), affirmed February 11, 2004. [HTML, WP5.1]

Cook v. Arkansas Dep't of Human Servs., CA 03-545 (Pittman, J.), affirmed February 11, 2004. [HTML, WP5.1]

Davis v. State, CA CR 03-519 (Griffen, J.), affirmed February 11, 2004. [HTML, WP5.1]

Dillard v. State, CA CR 03-478 (Neal, J.), affirmed February 11, 2004. [HTML, WP5.1]

Jett v. Mortgage Electronic Regist. Sys., Inc., CA 03-556 (Neal, J.), affirmed February 11, 2004. [HTML, WP5.1]

Mills v. State, CA CR 03-393 (Robbins, J.), reversed and dismissed in CR92-282; appeal dismissed in CR98-209 February 11, 2004. [HTML, WP5.1]

Minton v. Minton, CA 03-498 (Stroud, C.J.), affirmed February 11, 2004. [HTML, WP5.1]

Peters v. State, CA CR 00-203 (Hart, J.), reversed and remanded February 11, 2004. [HTML, WP5.1]

Vienna v. Vienna, CA 03-746 (Robbins, J.), reversed and remanded February 11, 2004. [HTML, WP5.1]

White v. White, CA 03-540 (Crabtree, J.), affirmed February 11, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Burton v. Director of Labor, E 03-302, February 11, 2004.

C&H Wholesale Tire Co. v. Director of Labor, E 03-291, February 11, 2004.

Crowder v. Director of Labor, E 03-293, February 11, 2004.

Eaglecrest Nursing & Rehab. Center v. Director of Labor, E 03-295, February 11, 2004.

Holmes v. Director of Labor, E 03-298, February 11, 2004.

Huff v. Director of Labor, E 03-304, February 11, 2004.

Johnson v. Director of Labor, E 03-303, February 11, 2004.

Sikes v. Director of Labor, E 03-296, February 11, 2004.

Tucker v. Director of Labor, E 03-300, February 11, 2004.

Wallace v. Director of Labor, E 03-294, February 11, 2004.

Walton v. Director of Labor, E 03-299, February 11, 2004.

Wilson v. Director of Labor, E 03-292, February 11, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-498. Roy C. Minton v. Cheryl J. Minton (Lemoine), from Pulaski Circuit, Seventeenth Division. Affirmed. Hart and Gladwin, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-545. Marcy Cook v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Neal and Vaught, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Reversed and Remanded. Stroud, C.J., and Gladwin, J., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit. Rebriefing Ordered. Robbins, Griffen, Neal, and Roaf, JJ., agree. Baker, J., concurs. Pittman, Gladwin, and Bird, JJ., dissent. (3 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-303. Mack Yancy, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Bird, Baker, and Crabtree, JJ., agree. Griffen and Roaf, JJ., dissent. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CACR03-393. Jimmy Mills v. State of Arkansas, from St. Francis Circuit. Reversed and Dismissed in CR92-282; Appeal Dismissed in CR98-209. Baker and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-746. Terry Vienna v. Barbara Vienna, from St. Francis Circuit. Reversed and Remanded. Baker and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-519. Mark Randal Davis v. State of Arkansas, from Washington Circuit. Affirmed. Bird and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-928. Shawn Beaird v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR03-478. Frederick Lamont Dillard v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-556. Bobby Jett v. Mortgage Electronic Registration Systems, Inc., from Jefferson Circuit. Affirmed. Pittman and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-611. Christopher Battishill and Jennifer Battishill v. Arkansas Department of Human Services, from Greene Circuit. Affirmed. Pittman and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CA03-343. Lyle Swearengin v. Evergreen Lawns and Farmer's Insurance Company, Inc., from Workers' Compensation Commission. Affirmed. Bird and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-540. Edgar H. White v. Harold White, Administrator of the Estate of Thomas E. White, from Clark Circuit. Affirmed. Bird and Griffen, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR02-1176. George Aydelotte v. State of Arkansas, from Conway Circuit. Affirmed. Robbins and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-410. Kenneth K. McConnell v. State of Arkansas, from Washington Circuit. Affirmed. Robbins, Bird, and Crabtree, JJ., agree. Griffen and Roaf, JJ., dissent. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR01-1418. Sherrell Jean Whisenant v. State of Arkansas, from Pike Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Baker, JJ., agree. (14 PAGES PUBLISHED) [HTML, WP5.1]

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit. Affirmed. Robbins and Baker, JJ., agree. (18 PAGES PUBLISHED) [HTML, WP5.1]

CA03-653. Carmen Moore (formerly Davidson) v. Fred Davidson, from Union Circuit. Reversed and Remanded. Robbins and Baker, JJ., agree. (7 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).

E03-291. C&H Wholesale Tire Company, Inc. v. Director et al.

E03-292. David Wilson v. Director et al.

E03-293. Sherri Crowder v. Director et al.

E03-294. Jimmie J. Wallace v. Director et al.

E03-295. Eaglecrest Nursing & Rehab. Center v. Director et al.

E03-296. Barbara Sikes v. Director et al.

E03-298. John Holmes v. Director et al.

E03-299. Deloris Walton v. Director et al.

E03-300. Gregory Tucker v. Director et al.

E03-302. Judy M. Burton v. Director et al.

E03-303. Willie Johnson v. Director et al.

E03-304. Clifton Huff, Jr. v. Director et al.

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

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 is granted.

CACR02-922. Billy Mack Nichols, Jr. v. State of Arkansas, from Lincoln Circuit. Motion of John W. Cone for attorney's fees is granted. Allowed $1,000.00.

CACR02-1111. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Chancery, Sixth Division. Appellant's motion to recall mandate 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. Points for reversal due in thirty days. Gladwin, Vaught, and Crabtree, JJ., would deny.

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

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

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

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 is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___, (Sept. 10, 2003).

CA03-454. Marlene Sheppard v. Robert R. Speir, from Washington Circuit. Appellant's pro se motion for warranted oral argument is denied. Gladwin, J., not participating.

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 is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. (Sept. 10, 2003).

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 is denied.

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 is denied.

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

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 is denied. Brief of separate appellant due in thirty days.

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

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

CA03-1291. Arkansas State Board of Nursing v. Jody Marie Morrison, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time is granted.

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

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 is granted. Trial court to settle the record within thirty days.

CA04-17. Forsgren, Inc. v. Matlock Electric Company, Inc., from Sebastian Circuit, Fort Smith District. Appellant's motion for supersedeas bond is granted.

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

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 is granted. Commission to settle the record within thirty days.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CACR02-1305. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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CACR03-275. Glynnis Hankins v. State of Arkansas, from Pope Circuit. Motion of James Dunham for attorney's fees.

CACR03-509. Terry Whittier, Jr. v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees.

CACR03-1036. Melvin L. Lacy v. State of Arkansas, from Union Circuit. Appellant's pro se motion to supplement the record.

CACR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's petition for writ of certiorari to complete the record and for brief time.

CACR03-1186. Christopher Grayson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record.

CACR04-119. Ruby Jean Matney v. State of Arkansas, from Stone Circuit. Motion of Lynn Lisk to withdraw as counsel for appellant.

CA03-654. Betty Roach v. PPG Industries, Inc. et al., from Washington Circuit. Joint motion of separate appellees for extension of time to file briefs with supplemental abstract and addendum.

CA03-828. B.S. Brown et al. v. Dwight E. Blake, from Crittenden Circuit. Appellants/Cross-Appellees' motion to strike cross-appellant's reply brief.

CA03-1470. Curt Bean Transport et al. v. Margarita Barbosa, from Workers' Compensation Commission. Appellant's motion for reconsideration of order dismissing appeal.

CA04-63. James Bradley Clark v. Entergy Arkansas, Inc. et al., from Pulaski Circuit, Second Division. Appellant's petition for writ of certiorari to complete the record.

E03-400. Southwestern Bell v. Director et al., from Board of Review. Appellees' motion to consolidate cases E03-401 through E03-407 and E04-18, E04-19 and E04-20 with this case.

SUBMISSIONS

CA03-397. Wal-Mart Stores, Inc. v. John Kilgore, from Benton Circuit. Argued orally.

CACR02-974. Christopher Thronebury v. State of Arkansas, from Johnson Circuit.

CACR03-280. George Arthur Bunn v. State of Arkansas, from Washington Circuit.

CACR03-364. Lytrone Dajuan Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-406. Kenneth Bernard Thomas v. State of Arkansas, from Faulkner Circuit.

CACR03-601. Grover Wilson Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR03-635. Edward Dewayne Cooney v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-651. Terry Lynn Huey v. State of Arkansas, from Washington Circuit.

CACR03-758. Calvin Burnside v. State of Arkansas, from Lonoke Circuit.

CACR03-783. Jeffery Lynch v. State of Arkansas, from Miller Circuit.

CA03-606. Maxine B. Hamilton et al. v. McCaughan Properties Limited Partnership, LLLP, from Woodruff Circuit.

CA03-803. Randle L. Jacobs et al. v. Gulf Insurance Company, from Sebastian Circuit, Fort Smith District.

CA03-825. Brian T. Jesson v. Barbara Lisa Jesson, from Baxter Circuit.

CA03-826. Systems Contracting Corporation v. Delbert Reeves, from Workers' Compensation Commission.

CA03-842. Stacy Wineland v. Wal-Mart Stores, Inc., from Greene Circuit.

CA03-863. Jerry M. Surratt v. Barbara Joe Surratt, from Faulkner Circuit.

CA03-884. Carroll Electric Corporation v. Tim Pack, from Workers' Compensation Commission.

CA03-978. Judy Michael v. Keep & Teach, Inc., from Workers' Compensation Commission.

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

E03-313. Vincent E. Ross v. Director et al.

E03-314. Vincent E. Ross v. Director et al.

E03-315. Kitty S. Hodges v. Director et al.

E03-321. Arthur J. Robinson, Jr. v. Director et al.

E03-322. Rene Cantu, Sr. v. Director et al.

E03-323. Rodney J. Wilson v. Director et al.

E03-324. James D. Mimms v. Director et al.

E03-325. Jessie L. Miller v. Director et al.

E03-326. Lynn E. Moiser v. Director et al.

E03-327. Ronald D. Torres v. Director et al.

E03-328. Wendy A. Williams v. Director et al.

E03-330. Leroy Bailey v. Director et al.