Browning v. Arkansas Dep't of Human Servs. (Crabtree, J.) CA03-887
Parent & child — Termination of parental rights; trial court did not clearly err in terminating appellants' parental rights; appellants consistently & repeatedly failed to rehabilitate their home; case here distinguished from Trout case; trial court affirmed. [HTML, WP5.1]

Dondanville v. State (Roaf, J.) CACR03-724
Criminal procedure — Waiver of Miranda rights; motion to suppress properly denied; trial court affirmed; argument not cognizable on appeal pursuant to Ark. R. Crim. P. 24.3(b). [HTML, WP5.1]

Page v. Anderson (Roaf, J.) CA03-418
Divorce — Entry of date of decree determines date of dissolution of marriage; trial court's conclusion incorrect; trial court's distribution of condominium to appellee was not clearly erroneous; award of attorneys fees based on amount appellant should pay; point affirmed; evidence indicated that either party probably could have worked out arrangement to begin money-exchange process; failure to hold appellee in contempt not abuse of discretion; appellant held in contempt for failing to deliver certain items of personal property to appellee as required by decree; finding not against preponderance of evidence. [HTML, WP5.1]

Sheppard v. Speir (Neal, J.) CA03-454
Parent & child — Custody of illegitimate child; when custody may be awarded to biological father; appellee not required to show material change in circumstances where custody was not resolved in paternity order; trial court's award of custody to appellee not clearly erroneous; trial court did not err in determining it was in child's best interest to change name. [HTML, WP5.1]

Smith v. State (Stroud, C.J.) CACR03-691
Trial — Mistrial; no error in trial court's denial of appellant's motions where judge admonished jury; unnecessary to correct judgment & commitment order where ampersand was construed as numeral six. [HTML, WP5.1]

Trott v. Jones (Crabtree, J.) CA03-584
Trusts — Creation of; settlor may act as trustee & create trust without transfer of legal title to property; settlor must transfer property to intended trustee where third party designated to serve as trustee; no trust established where no transfer of title. [HTML, WP5.1]

SUBSTITUTED OPINION ON GRANT OF PETITION FOR REHEARING

Russell v. State (Stroud, C.J.) CACR03-402
Appeal & error — Examination of record; statements concerning contraband were not findings of fact; expectation of privacy not considered reasonable with regard to driveways & walkways. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bearden v. State, CA CR 02-1224 (Griffen, J.), affirmed as to Pennebaker; reversed and dismissed as to Bearden April 7, 2004. [HTML, WP5.1]

Branham v. Ozment, CA 03-925 (Hart, J.), affirmed April 7, 2004. [HTML, WP5.1]

Brown v. State, CA CR 03-392 (Stroud, C.J.), affirmed April 7, 2004. [HTML, WP5.1]

Franks v. State, CA CR 03-1013 (Bird, J.), affirmed April 7, 2004. [HTML, WP5.1]

Generali-U.S. Branch v. Martinez, CA 03-1213 (Neal, J.), affirmed April 7, 2004. [HTML, WP5.1]

Gibson v. First State Bank of Warren, CA 03-942 (Robbins, J.), dismissed April 7, 2004. [HTML, WP5.1]

Gray v. Koons, CA 03-964 (Vaught, J.), affirmed in part; reversed and remanded in part April 7, 2004.[ HTML, WP5.1]

Hill v. State, CA CR 03-620 (Baker, J.), affirmed April 7, 2004. [HTML, WP5.1]

Moore v. State, CA CR 03-589 (Crabtree, J.), affirmed April 7, 2004. [HTML, WP5.1]

Smith, Charles Earnest v. State, CA CR 03-799 (Bird, J.), reversed and dismissed April 7, 2004. [HTML, WP5.1]

Smith, Clarence v. City of Fort Smith, CA 03-592 (Stroud, C.J.), affirmed on direct appeal; affirmed on cross-appeal April 7, 2004. [HTML, WP5.1]

CASES AFFIRMED WITHOUT OPINION

Campbell-Moore v. Director of Labor, E 03-370, April 7, 2004.

Chwalinski v. Director of Labor, E 03-366, April 7, 2004.

Cunningham v. Director of Labor, E 03-368, April 7, 2004.

Harmon v. Director of Labor, E 03-97, April 7, 2004.

James v. Director of Labor, E 03-364, April 7, 2004.

Mears v. Director of Labor, E 03-5, April 7, 2004.

Mitchell v. Director of Labor, E 03-373, April 7, 2004.

Morris v. Director of Labor, E 03-371, April 7, 2004.

Robinson v. Director of Labor, E 03-367, April 7, 2004.

Roby v. Director of Labor, E 03-369, April 7, 2004.

Sutton v. Director of Labor, E 03-372, April 7, 2004.

Yancey v. Director of Labor, E 03-150, April 7, 2004.

JOHN F. STROUD, JR., CHIEF JUDGE:

CACR03-392. Donnalson Duan Brown v. State of Arkansas, from Saline Circuit. Affirmed. Crabtree and Baker, JJ., agree. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-691. John Smith v. State of Arkansas, from Yell Circuit. Affirmed. Baker, J., agrees. Crabtree, J., concurs. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-592. Clarence Smith v. City of Fort Smith, from Sebastian Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Crabtree and Baker, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CA03-925. Kimberly Branham v. Kerry Ozment, M.D., from Prairie Circuit. Affirmed. Bird and Griffen, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CA03-942. Terry Gibson v. First State Bank of Warren et al., from Cleveland Circuit. Dismissed. Pittman and Gladwin, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR03-799. Charles Earnest Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Dismissed. Pittman and Robbins, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1013. David Allen Franks v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Pittman and Robbins, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR02-1224. Jeremy Bearden and Paul Pennebaker v. State of Arkansas, from Conway Circuit. Affirmed as to Pennebaker; Reversed and Dismissed as to Bearden. Hart and Gladwin, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CA03-454. Marlene Sheppard v. Robert Speir, from Washington Circuit. Affirmed. Vaught and Roaf, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

CA03-1213. Generali-U.S. Branch v. Hector Angel Martinez and Leticia Martinez, from Craighead Circuit. Affirmed. Vaught and Roaf, JJ., agree. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CA03-964. Brent Gray v. Glen Koons, from Saline Circuit. Affirmed in Part; Reversed and Remanded in Part. Neal and Roaf, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR03-589. Ricky Moore v. State of Arkansas, from Mississippi Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-584. Richard Trott v. Ruth Ann Jones and Richard Boyd, from Garland Circuit. Affirmed. Stroud, C.J., and Baker, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA03-887. Carla Browning and David Browning v. Arkansas Department of Human Services, from White Circuit, Juvenile Division. Affirmed. Stroud, C.J., Bird, and Vaught, JJ., agree. Hart and Roaf, JJ., dissent. (37 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-620. Omar Hill v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Crabtree, J., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR03-724. Justin Dondanville v. State of Arkansas, from Arkansas Circuit. Affirmed. Neal and Vaught, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA03-418. Elizabeth Page v. Lamar Anderson, from Washington Circuit. Affirmed. Neal and Vaught, JJ., agree. (12 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).

E03-5. Marla G. Mears v. Director et al.

E03-97. Robby L. Harmon v. Director et al.

E03-150. Patricia A. Yancey v. Director et al.

E03-364. Diane A. James v. Director et al.

E03-366. Sherry E. Chwalinski v. Director et al.

E03-367. Beverly J. Robinson v. Director et al.

E03-368. Calvin L. Cunningham v. Director et al.

E03-369. Victoria J. Roby v. Director et al.

E03-370. Moneik L. Campbell-Moore v. Director et al.

E03-371. Fledia Morris v. Director et al.

E03-372. Elizabeth A. Sutton v. Director et al.

E03-373. Eddie D. Mitchell v. Director et al.

PER CURIAM ORDERS

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CACR03-402. Bobby Russell v. State of Arkansas, from Mississippi Circuit, Osceola District. See substituted opinion this date. (9 PAGES PUBLISHED) [HTML, WP5.1]

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

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

CA03-732. Valerie Williams v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

CA03-733. Kimberly Kerr v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

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

CACR03-111. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit. Motion of Terry Goodwin Jones for attorney's fees is granted. Allowed $1,000.00.

CACR03-756. Kelvin Nelson v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.

CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit. Appellant's pro se motion for appointment of counsel is granted. Daniel Becker of Hot Springs is appointed to represent the appellant.

CACR03-1347. Bobby Morris v. State of Arkansas, from Lonoke Circuit. Appellant's motion for additional brief time is granted.

CA03-993. Suzy Gunderman Morrell v. Arkansas Department of Human Services, from Pope Circuit. Motion of Thomas B. Wilson for attorney's fees is granted. See Walters v. Arkansas Department of Human Services, 118 S.W.3d 134, ___ Ark. App. ___ (Sept. 10, 2003).

CA03-1318. MedMarc Casualty Insurance Company v. Forest Healthcare, Inc. et al., from Howard Circuit. Motion of appellees, Forest Healthcare, Inc. and Regional Management, Inc., to file belated brief is granted.

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 is denied. Griffen, J., would grant motion to dismiss.

CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record is remanded to the trial court to settle the record within thirty days. Appellant's brief due thirty days thereafter.

CA04-154. GMAC Leasco Ltd. v. Joe Carter Trucking, Inc. et al., from Saline Circuit. Motion of Joe Carter Trucking, Inc., to correct the record is granted. Appellant's brief due in thirty days.

E02-263. Donald Lee Jackson v. Director et al., from Board of Review. Appellant's pro se motion for reconsideration is denied.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CA03-892. Miguel Amador v. Amador Contracting and AIG Claim Services, Inc., from Workers' Compensation Commission.

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CACR03-374. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit. Motion of Gregg A. Knutson for attorney's fees.

CACR03-926. Chad Edward Gillyard v. State of Arkansas, from Faulkner Circuit. Motion of Mark Horoda for attorney's fees.

CACR03-1322. Eric Ferguson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for additional brief time.

CACR03-1397. Patricia L. Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for additional brief time.

CACR04-51. Jerry Shannon Scroggins v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal.

CACR04-135. Charles Chew v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's petition for writ of certiorari to complete the record and to stay briefing schedule.

CA03-435. Bob Shrable et al. v. Donnie Allison et al., from Lawrence Circuit. Appellants' motion to release exhibits.

CA03-481. Tucker Abstract Company v. Fleming Companies, Inc., from Benton Circuit. Joint motion to extend stay of appeal.

CA03-1196. Sandra Green et al. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion of Nancy Edwards Pryor for attorney's fees and costs.

CA03-1353. Kelly Clark v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file belated brief.

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Appellant's motion for expedited hearing.

CA04-160. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit. Appellant's motion to stay writ of assistance.

CA04-216. Sammye A. Ivy v. Raymond M. Ivy, from Faulkner Circuit. Appellant's motion and amended motion for correction or modification of the record and for extension of brief time.

SUBMISSIONS

CACR02-1100. Alee Peppers v. State of Arkansas, from Poinsett Circuit.

CACR03-197. William Joseph Lenox v. State of Arkansas, from Craighead Circuit, Western District.

CACR03-416. Deneice Carter v. City of Fort Smith, from Sebastian Circuit, Fort Smith District.

CACR03-802. Andre' Antonio Roddy v. State of Arkansas, from Phillips Circuit.

CACR03-804. Hubert Corbin v. State of Arkansas, from Jefferson Circuit.

CACR03-912. John Payne v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CA02-796. John Herzog, Sr., M.D. et al. v. Thomas Glover, from Jefferson Circuit.

CA03-152. Robert Samuel Moore v. M. Elaine Moore et al., from Pope Circuit.

CA03-229. David Reap v. Automation Systems, Inc., from Workers' Compensation Commission.

CA03-632. Patricia Thomas et al. v. Ruston Pierce, M.D., from Jefferson Circuit.

CA03-890. NPC International, Inc. v. Sylvia Hill, from Phillips Circuit.

CA03-908. April Perkins v. Arkansas Department of Human Services, from Washington Circuit.

CA03-939. Albert Hanna v. George Glover et al., from Union Circuit.

CA03-956. Arkansas Oklahoma Gas Corporation v. Glenn Boggs, from Scott Circuit.

CA03-1096. Broderick Hawkins v. State of Arkansas, from Pulaski Circuit, Tenth Division.

CA03-1097. Stuart Hutchinson v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Sixth Division.

CA03-1114. John Sikes v. Georgia-Pacific Corporation, from Workers' Compensation Commission.

CA03-1241. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division.