Adamson v. Sims (Pittman, J.) CA03-840
Trusts — Hangar belonged to its builder; trial court erred in finding hangar was built for trust's benefit; intent of parties clear; structure to be treated as personalty; trial court reversed. [HTML, WP5.1]

Carroll Elec. Coop. v. Pack (Bird, J.) CA03-884
Workers' compensation — Appellants reduced payments to appellee without authorizing order; Ark. Code Ann. § 11-9-702(b) did not bar claim. [HTML, WP5.1]

Eaton v. State (Roaf, J.) CACR03-856
Criminal law — Rape; phrase "sexual gratification" construed; act itself was "act of sexual gratification" & appellant's reason for choosing to perform it was irrelevant; conviction supported by substantial evidence. [HTML, WP5.1]

Kincannon v. State (Griffen, J.) CACR03-237
Evidence — Witness's testimony was not in response to new matters presented by appellant; trial court erred in admitting testimony of "rebuttal" witness; chain-of-custody properly established; trial court did not abuse its discretion in admitting exhibit; minor discrepancy in weight of drugs insufficient to raise reasonable probability that break in chain-of-custody occurred; chain-of-custody sufficient. [HTML, WP5.1]

Systems Contracting Corp. v. Reeves (Gladwin, J.) CA03-826
Workers' compensation — Rebuttable presumption that accident was substantially occasioned by use of illegal drug; substantial evidence supported Commission's finding that appellee had rebutted presumption. [HTML, WP5.1]

Holt v. State (Baker, J.) CACR03-015
Criminal procedure — No-knock search; facts were sufficient to justify; admission of officers' testimony regarding appellant's previous arrest improper under Ark. R. Evid. 404(b); evidence highly prejudicial with no independent relevance; reversed & remanded for new trial. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Barron v. Creative Foods, CA 03-630 (Vaught, J.), Petition for Rehearing denied March 3, 2004. (dissenting opinion only) [HTML, WP5.1]

Bunn v. State, CA CR 03-280 (Bird, J.), affirmed March 3, 2004. [HTML, WP5.1]

Dodd v. Sparks Reg. Med. Center, CA 03-624 (Per Curiam), dismissed March 3, 2004. [HTML, WP5.1]

Gulley v. State, CA CR 03-83 (Hart, J.), affirmed March 3, 2004. [HTML, WP5.1]

Hall v. State, CA CR 03-642 (Crabtree, J.), affirmed March 3, 2004. [HTML, WP5.1]

Harrison v. State, CA CR 03-111 (Robbins, J.), affirmed March 3, 2004. [HTML, WP5.1]

Henderson v. Riverside Furniture, CA 03-877 (Baker, J.), affirmed March 3, 2004. [HTML, WP5.1]

Jarrett v. Sol Alman Co., CA 03-808 (Vaught, J.), affirmed March 3, 2004. [HTML, WP5.1]

Kerr v. Arkansas Dep't of Human Servs., CA 03-733 (Stroud, C.J.), affirmed March 3, 2004. [HTML, WP5.1]

McConnell v. McConnell, CA 03-930 (Robbins, J.), reversed and remanded March 3, 2004. [HTML, WP5.1]

Morrell v. Arkansas Dep't of Human Servs., CA 03-993 (Griffen, J.), affirmed March 3, 2004. [HTML, WP5.1]

Roberts v. State, CA CR 03-614 (Bird, J.), affirmed March 3, 2004. [HTML, WP5.1]

Stell v. Pippen & Sons Contracting, CA 03-906 (Hart, J.), affirmed March 3, 2004. [HTML, WP5.1]

Williams v. Arkansas Dep't of Human Servs., CA 03-732 (Bird, J.), affirmed March 3, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Daughhetee v. Director of Labor, E 03-336, March 3, 2004.

Gardner, Ruthann v. Director of Labor, E 03-316, March 3, 2004.

Gardner, Ruthann v. Director of Labor, E 03-318, March 3, 2004.

Huff v. Director of Labor, E 03-331, March 3, 2004.

Jones v. Director of Labor, E 03-339, March 3, 2004.

Knight v. Director of Labor, E 03-329, March 3, 2004.

Oldfield v. Director of Labor, E 03-338, March 3, 2004.

Pell v. Director of Labor, E 03-332, March 3, 2004.

Phillips v. Director of Labor, E 03-337, March 3, 2004.

Rose v. Director of Labor, E 03-340, March 3, 2004.

Shermer v. Director of Labor, E 03-261, March 3, 2004.

Watts v. Director of Labor, E 03-335, March 3, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CA03-733. Kimberly Kerr v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Affirmed. Bird and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN MAUZY PITTMAN, JUDGE:

CA03-840. Don Adamson v. Jimmy B. Sims, as Trustee of the Jimmy B. Sims Farm, Inc., Pension Trust, from Lonoke Circuit. Reversed and Remanded. Gladwin and Baker, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-83. Jason J. Gulley v. State of Arkansas, from Clark Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-906. Hank Stell v. Pippen & Sons Contracting and Zurich Group Insurance, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CA03-826. Systems Contracting Corporation v. Delbert Reeves, from Workers' Compensation Commission. Affirmed. Pittman and Baker, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR03-111. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit. Affirmed. Griffen and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-930. Teresa Lynn McConnell v. Fred McConnell, and Faye McConnell, from Scott Circuit. Reversed and Remanded. Griffen and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-280. George Arthur Bunn v. State of Arkansas, from Washington Circuit. Affirmed. Stroud, C.J., and Vaught, J., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-614. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Griffen, J., agrees. Crabtree, J., concurs. (6 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]

CA03-732. Valerie Williams v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Affirmed. Stroud, C.J., and Vaught, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-884. Carroll Electric Cooperative & Arkansas Rural Electric Self Insured Trust v. Tim Pack, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Vaught, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR03-237. Gloria Surae Kincannon v. State of Arkansas, from Pike Circuit. Reversed and Remanded. Robbins and Neal, JJ., agree. (10 PAGES PUBLISHED) [HTML, WP5.1]

CA03-993. Suzy Gunderman Morrell v. Arkansas Department of Human Services, from Pope Circuit. Affirmed. Robbins and Neal, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-808. Nathaniel Jarrett v. Sol Alman Company, Inc. & CNA Insurance Company, from Workers' Compensation Commission. Affirmed. Stroud, C.J., and Bird, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-642. Jerry Lee Hall v. State of Arkansas, from Sebastian Circuit. Affirmed. Hart and Roaf, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-15. Richard Earl Von Holt, Jr. v. State of Arkansas, from Sebastian Circuit. Reversed and Remanded. Pittman and Gladwin, JJ., agree. (11 PAGES PUBLISHED) [HTML, WP5.1]

CA03-877. Racquel Henderson v. Riverside Furniture, from Workers' Compensation Commission. Affirmed. Pittman and Gladwin, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-856. Detina Eaton v. State of Arkansas, from Chicot Circuit. Affirmed. Hart and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CA03-624. James G. Dodd, Jr. v. Sparks Regional Medical Center et al., from Crawford Circuit. Dismissed. (4 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).

E03-261. Anna I. Shermer v. Director et al.

E03-316. Ruthann Gardner v. Director et al.

E03-318. Ruthann Gardner v. Director et al.

E03-329. Kristie Knight v. Director et al.

E03-331. Suzanne Huff v. Director et al.

E03-332. Leah Pell v. Director et al.

E03-335. Calvin Watts v. Director et al.

E03-336. Amy E. Daughhetee v. Director et al.

E03-337. Jackie D. Phillips v. Director et al.

E03-338. Roy E. Oldfield v. Director et al.

E03-339. Patricia A. Jones v. Director et al.

E03-340. Joyce Rose v. Director et al.

PER CURIAM ORDERS

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

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District.

CA03-332. Amanda Trout et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. (Minor Children) Pittman and Bird, JJ., would grant.

CA03-332. Amanda Trout et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. (Arkansas Department of Human Services ) Pittman and Bird, JJ., would grant.

CA03-630. Theresa Barron v. Creative Foods et al., from Workers' Compensation Commission. See dissenting opinion this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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CACR02-1238. Randy Phillips v. State of Arkansas, from Garland Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $750.00.

CACR02-1240. Randy Phillips v. State of Arkansas, from Garland Circuit. Motion of Gregg A. Knutson for attorney's fees is granted. Allowed $1,000.00.

CACR02-1283. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Motion of Dale E. Adams for attorney's fees is granted. Allowed $1,200.00.

CACR03-352. Timothy G. Milholland, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's pro se motion to file supplemental brief is denied.

CACR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record is denied.

CACR03-928. Shawn Beaird v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees is granted. Allowed $1,000.00.

CACR03-950. Stanley Herring v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is denied. Appellant's brief due April 2, 2004. Robbins and Crabtree, JJ., would grant.

CACR03-1265. Lewita Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is granted. Record deemed supplemented.

CA02-1207. Calvin White v. Arkansas Electric Co-op, Inc. et al., from Workers' Compensation Commission. Appellant's motion to compel is moot.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for writ of mandamus; motion for stay of lower court; and motion to restore visitation pending appeal is denied.

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

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Pro se motion of Carl and Terry Foreman to reconsider is denied. Roaf, J., would grant.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Carl and Terry Foreman to proceed pro se is denied. Roaf, J., would grant.

CA03-529. Terry Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion for sanctions is granted in part. Clerk instructed not to accept further motions in this case. Motion for attorney's fees and costs is denied.

CA03-753. Bettie Golden, d/b/a MS Carriers et al. v. Bettie Golden, Employee, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.

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 is passed until case is submitted.

CA03-1139. Lee C. Matous et al. v. Summit Bank, from Garland Circuit. Appellee's motion to dismiss appeal is denied. Appellant's brief due April 1, 2004. Crabtree, J.,would grant. Robbins, J., not participating.

CA03-1141. Foster B. Richardson v. Patricia Tate Jackson, from Jefferson Circuit. Appellee's 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. Bird, J., would deny.

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division. Appellee's motion under Rule 11 of the Arkansas Rules of Appellate Civil Procedure is denied.

The following case is dismissed for failure to file briefs.

CA03-480. Kenneth E. Alford v. Larry Newby, from Perry Circuit.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-681. Pearline Williams v. L & W Janitorial, Inc. and Cincinnati Insurance Company, from Workers' Compensation Commission.

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CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file belated brief.

CACR03-484. Shawn Spence v. State of Arkansas, from Logan Circuit, Southern District. Motion of Ernie Witt for attorney's fees.

CACR03-722. Georgia Mae Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR03-758. Calvin Burnside v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees.

CACR03-783. Jeffery Lynch v. State of Arkansas, from Miller Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR03-903. Kenyon Glenn v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion to reinstate appeal.

CACR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to proceed in forma pauperis.

CACR03-1100. Clifton Mason v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated supplemental record.

CACR03-1153. Tyrone Donald Turner v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Motion of Lea Ellen Fowler to be relieved as counsel for appellant and for brief time.

CACR03-1356. John Fitzgerald Beasley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CA03-611. Christopher Battishill and Jennifer Battishill v. Arkansas Department of Human Services, from Greene Circuit. Motion of Val Price for attorney's fees.

CA03-883. Area Agency on Aging et al. v. Charlene Catlett, from Workers' Compensation Commission. Appellee's motion for attorney's fees.

CA03-924. McDiarmid's Addition to the City of North Little Rock et al. v. William B. Blevins et al., from Pulaski Circuit, Thirteenth Division. Motion of separate appellees, William S. Robinson and Harriet Robinson, to dismiss appeal.

CA03-1113. Corina Simpson v. Clarence Simpson, from Franklin Circuit, Northern District. Appellee's motion to dismiss appeal.

CA03-1187. Richard Yates v. Miller and Schroeder, CPA's Limited et al., from Washington Circuit. Appellees' motion to dismiss appeal.

CA03-1309. Phoenix Aviation Managers, Inc. et al. v. Delta Harvest, Inc., from Drew Circuit. Appellants' motion to supplement the record and for brief time.

CA03-1367. James William Blackmon v. Carolyn Ann Blackmon, from Pulaski Circuit, Twelfth Division. Appellant's motion to remand for entry of supersedeas.

CA03-1383. SDS Transportation Services, Inc. et al. v. Joseph Garrett, from Workers' Compensation Commission. Appellee's motion to file belated brief.

CA03-1426. Noel Arellano v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record.

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellee's motion for Rule 11 sanctions and motion to dismiss for failure to file brief.

CA04-216. Sammye A. Ivy v. Raymond M. Ivy, from Faulkner Circuit. Appellant's motion to file belated brief.

E03-333. Personnel Resources, LLC v. Director et al., from Board of Review. Appellant's motion to supplement the record and for brief time.

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

SUBMISSIONS

CA03-798. Richard Mays, Trustee v. St. Pat Properties, LLC et al., from Pulaski Circuit, Seventeenth Division. Argued orally.

CA03-951. David Harris v. City of Fort Smith, Arkansas, et al., from Sebastian Circuit, Fort Smith District. Argued orally.

CACR03-351. Chester Arthur Sims v. State of Arkansas, from Pulaski Circuit, First Division.

CACR03-440. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CACR03-542. Vincent M. Cooper v. State of Arkansas, from Miller Circuit.

CACR03-691. John Smith v. State of Arkansas, from Yell Circuit, Northern District.

CACR03-756. Kelvin Nelson v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR03-926. Chad Edward Gillyard v. State of Arkansas, from Faulkner Circuit.

CACR03-1000. Demetrius Leki Woods v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CA03-129. Bobby Curley v. Old Reliable Casualty Company, from Union Circuit.

CA03-486. Steven C. Schueller v. Allison G. Schueller, from Ashley Circuit.

CA03-557. Shannon Bizzell v. Kimberly Bizzell, from Pulaski Circuit, Twelfth Division.

CA03-683. Global Business Solutions v. Crossett School District, from Ashley Circuit.

CA03-685. Norbert William DeLacey v. Martha Ellen DeLacey, from Craighead Circuit, Western District.

CA03-838. Joyce Carroll v. Arkansas Department of Human Services, from Benton Circuit.

CA03-940. Greene County et al. v. Jerry Vincent, from Workers' Compensation Commission.

CA03-1177. Derrell Miller v. Tracey Miller, from Columbia Circuit.

CA03-1196. Sandra Green et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

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

E03-275. Kristie Gregory v. Director et al.

E03-341. Andrea D. Page v. Director et al.

E03-342. Elizabeth Horne v. Director et al.

E03-343. Goldie J. Sandlin v. Director et al.

E03-344. Kelly M. Beason v. Director et al.

E03-345. Peggy J. Shafer v. Director et al.

E03-346. Gwendel Moore v. Director et al.

E03-347. Lucille L. Patillo v. Director et al.

E03-348. Morris L. Sawyer v. Director et al.

E03-349. Caprecia A. Harris v. Director et al.

E03-350. Isidro G. Gutierrez v. Director et al.

E03-351. Dewell H. Lambert v. Director et al.