Opinions delivered
September 9, 2004
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit. Dickey, C.J., and Hannah, J., would grant.
CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit. Hannah, J., not participating.
01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Dickey, C.J., Glaze and Corbin, JJ., would grant. See dissenting opinion issued this date. Imber, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]
03-864. Nucor Corporation and Systems Contracting Corporation v. Marty Kilman, Mike Evans and Betty Evans, from White Circuit. (Nucor) Dickey, C.J., and Thornton, J., would grant.
03-864. Nucor Corporation and Systems Contracting Corporation v. Marty Kilman, Mike Evans and Betty Evans, from White Circuit. (Systems Contracting) Dickey, C.J., and Thornton, J., would grant.
03-878. Samuel A. Perroni v. State of Arkansas, from Pulaski Circuit, Sixth Division. Brown, Imber and Thornton, JJ., would grant.
03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division. Corbin and Thornton, JJ., would grant. Dickey, C.J., and Hannah, J., not participating.
03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit.
04-515. Arkansas Department of Human Services v. Honorable Linda Collier, Judge, from Van Buren Circuit.
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REVIEWS GRANTED: Petitions for review were granted today in the following cases.
CR04-686. Marvin G. Jefferson v. State of Arkansas, from Monroe Circuit.
CR04-771. David McElyea v. State of Arkansas, from Washington Circuit.
04-545. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission.
04-595. Maggie Young v. The Gastro-Intestinal Center, Inc. et al., from Pulaski Circuit, Second Division.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR04-606. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division.
CR04-763. Dewayne DeFoure v. State of Arkansas, from White Circuit.
04-605. Ross Brashears v. American International South Insurance Company, from Benton Circuit.
04-650. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit, Fort Smith District.
04-656. Lamar Outdoor Advertising v. Arkansas Highway and Transportation Department, from Pulaski Circuit, Second Division.
04-687. Steven Harbour v. Amber Harbour, from Union Circuit.
04-698. Gordon L. Gibson v. Connie Gibson, from Pulaski Circuit, Twelfth Division.
04-707. Lonnie Acuff v. Superior Wheels, from Workers' Compensation Commission.
04-711. Nationwide Mutual Insurance Company v. Sherry Garner et al., from Washington Circuit.
04-712. Terry and Sandy Anderson v. Wendy and Jimmy Mitts, from Lawrence Circuit.
04-772. Joe I. Strack v. Capital Services Group, Inc., from Pulaski Circuit, Third Division.
04-779. Mid-South Adjustment Company, Inc. v. The Estate of Shanna Nicole Harris, Deceased, from Ouachita Circuit.
04-780. Frankie Cobbs v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.
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CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion to file belated reply brief is granted.
CR03-539. Billy Welch v. State of Arkansas, from Dallas Circuit. Motion to file belated reply brief is granted.
CR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion for extension of brief time is granted.
CR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to supplement the record is granted.
CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Motion on behalf of Charles Waldman for rehearing is denied.
CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Objection on behalf of Charles Waldman to Special Master's findings of fact is denied.
CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Motion on behalf of Charles Waldman to set briefing schedule is denied.
CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit. Appellee's motion to supplement the record and to amend the state's petition for rehearing is denied.
CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit. Appellant's motion for time to respond to amended petition for rehearing. Moot.
CACR04-262. Western Title & Investment Company v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to certify to Supreme Court is denied.
CR04-431. Roderic T. Randolph v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal is granted.
CR04-551. Lytrone Dajuan Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.
CR04-608. Lyndon C. Mayall v. State of Arkansas, from Cleveland Circuit. Appellee's motion to dismiss appeal is granted.
CR04-679. Barry Fairow v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR04-683. Donald V. Saul v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record is granted.
CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Pro se motion for belated appeal of judgment and to vacate sentence; motion of Frank E. Shaw to be relieved as counsel. Pro se motion for belated appeal treated as motion for rule on clerk and granted in part and denied in part; writ of certiorari issued; motion of Frank E. Shaw to be relieved as counsel granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR04-759. Billie Baxter v. State of Arkansas, from Clark Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR04-807. Brian Pierre Rhodes v. State of Arkansas, from Hempstead Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR04-817. Wayne Bowker v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record is granted.
CR04-833. Daron Barnett v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for rule on clerk. Granted with instructions; Clerk directed to accept appeal. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR04-840. Milton Morris v. State of Arkansas, from Sevier Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
02-1328. Michael Anthony Price v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Respondent-appellant's motion and amended motion to strike arguments 5 and 6 of petitioner-appellee's brief is denied. Reply brief due on September 16, 2004; final extension.
03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Appellant's motion to extend stay of the mandate. Granted 90 days. Increase supersedeas bond to $37.5 million.
03-864. Nucor Corporation et al. v. Marty Kilman et al., from White Circuit. Motion of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas,Inc. to file amicus curiae brief in support of Nucor Corporation's petition for rehearing is granted.
03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Motion of the Arkansas Adoption Association to file amicus curiae brief in support of petition for rehearing is denied.
04-44. Valerie Bright v. Steven S. Zega et al., from Washington Circuit. Appellees' motion for costs is denied. Imber, J., not participating.
04-69. Debra Bayless et al. v. Bruce Beck et al., from Jefferson Circuit. Appellees' motion for extension of time to file brief and joint motion for extension of time to file brief. Motions granted.
04-69. Debra Bayless et al. v. Bruce Beck et al., from Jefferson Circuit. Joint motion to dismiss appeal is granted.
04-136. Shipley, Inc. et al. v. Fletcher Long, Jr. et al., an Original Action. Petitioners' motion for continuance of oral argument is granted.
CA04-174. Waste Management of Arkansas, Inc. v. Roll Off Service, Inc. et al., from Washington Circuit. Appellant's motion to transfer to the Supreme Court is denied.
04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Appellants' motion for extension of brief time is granted.
04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Motion of appellees' Donald Wilkinson and Keith Wilkinson to dismiss cross-appeal and to remand is granted.
04-273. Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco Company, from Pulaski Circuit, Seventeenth Division. Appellee's motion to amend brief is granted.
04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Request for oral argument is granted. Dickey, C.J., Brown and Thornton, JJ., not participating.
04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' motion to withdraw motion to supplement record is denied. Dickey, C.J., Brown and Thornton, JJ., not participating.
04-461. Co Q. Mac et al. v. Richard Weiss, Director, Arkansas Department of Finance and Administration, from Independence Circuit. Motion to amend appellee's brief is granted.
04-485. David Harris v. City of Fort Smith, Arkansas et al., from Sebastian Circuit, Fort Smith District. Motion on behalf of the Arkansas Press Association to file amicus curiae brief is granted. Thornton, J., not participating.
04-485. David Harris v. City of Fort Smith, Arkansas et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for extension of time to file brief is granted. Thornton, J., not participating.
CA04-539. Terry Potocki v. St. Edwards Hospital, from Workers' Compensation Commission. Appellant's motion to certify to the Supreme Court is denied. Hannah, J., not participating.
04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Motion of American Resort Development Association to file amicus curiae brief in support of appellants is granted.
04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to file reply to appellees' response to motion to file amicus curiae brief. Moot.
04-647. Bobby Smith v. Great Lakes Chemical Corporation, from Workers' Compensation Commission. Appellant's motion to remand. Remanded to Court of Appeals. Petition for review stayed 30 days.
04-661. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Larry G. Dunklin, an Original Action for Disbarment. Appointment of Special Master. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
04-720. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion to remand jurisdiction to the circuit court, or alternatively, stay of briefing schedule. Stay of briefing schedule granted. Hannah, J., not participating.
04-722. Jabree Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for belated appeal. Remanded to the Circuit Court for findings of fact on attorney error; Clerk directed to accept appeal. See per curiam this date. (2 PAGE PUBLISHED) [HTML, WP5.1]
04-734. Ouachita Railroad, Inc. v. Circuit Court of Union County, Arkansas, Second Division, from Union Circuit. Petition for writ of prohibition. Petition to be submitted as a case.
04-747. U. S. Billboard, Inc. v. Arkansas Highway and Transportation Department, from Washington Circuit. Motion for rule on clerk is denied.
04-762. Howard Larry v. Grady School District, from Lincoln Circuit. Motion for rule on clerk is denied.
04-766. Michael D. Huckabee v. Jack Kearney, Chairman, Arkansas Ethics Commission et al., from Pulaski Circuit, Sixth Division. Joint motion to dismiss appeal and cross-appeal is granted.
04-766. Michael D. Huckabee v. Jack Kearney, Chairman, Arkansas Ethics Commission et al., from Pulaski Circuit, Sixth Division. Appellant's motion to suspend briefing schedule. Moot.
04-792. Deana Morgan v. Alan Anthony Wiseley, from Benton Circuit. Motion for rule on clerk is denied.
04-816. Capitol Healthcare, PLLC v. Boen Enterprises, LLC, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.
04-818. John Rose et al. v. Arkansas State Plant Board et al., from Pulaski Circuit, Third Division. Appellants' motion to correct the record is granted. Brown, J., not participating.
04-824. Brad Byers v. Madelyn K. Frazier, from Faulkner Circuit. Motion for rule on clerk. Appeal dismissed, motion moot.
04-828. Iris L. Brooks v. Board of Certified Court Reporter Examiners et al., an Original Action. Request for certification is granted. Dickey, C.J., not participating.
04-850. Douglas William Cosmos v. Arkansas Alumni Association, Inc. et al., from Washington Circuit. Petition for writ of certiorari to complete the record is denied.
04-880. Lee Huff v. Lucious Arter, from Lee Circuit. Pro se motion to proceed in forma pauperis is granted.
04-885. Robbyn Tumey v. Charlie Daniels, Secretary of State et al., from Pulaski Circuit, Sixth Division. Petition for expedited appeal is granted. Clerk to set expedited briefing schedule.
04-895. Ronald A. May et al. v. Charlie Daniels, Secretary of State et al., an Original Action. Motion for disqualification of Associate Justice Robert L. Brown. Associate Justice Brown declines request for disqualification.
04-895. Ronald A. May et al. v. Charlie Daniels, Secretary of State et al., an Original Action. Motion for disqualification of Associate Justice Annabelle Clinton Imber. Associate Justice Imber declines request for disqualification.
04-895. Ronald A. May et al. v. Charlie Daniels, Secretary of State et al., an Original Action. Motion of Robert S. Shafer to withdraw as counsel for intervenors is granted.
In Re: Regulations of the Board of Certified Court Reporter Examiners. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Committee on Civil Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Constance Clark, Esq., of Fayetteville and David Vandergriff, Esq.,
of Fort Smith are appointed to the Civil Practice Committee for three-year
terms to expire on July 31, 2007. We thank these new members for their
willingness to serve on this important Committee.
Jim Ross, Esq., of Monticello is reappointed to the Committee for a
three-year term to expire on July 31, 2007, and we thank him for his continued
service.
We designate Professor John Watkins of the University of Arkansas
at Fayetteville Law School and Professor Ken Gould of the University of
Arkansas at Little Rock Law School as ex-officio, non-voting, advisors to
the Committee. Professor Watkins retired this year as the Reporter for the
Committee, and Professor Gould's term on the Committee recently expired.
Their knowledge and insight are valuable assets, and the court appreciates
their willingness to continue to assist the Committee.
The Court expresses its gratitude to Clay Patty, Esq., whose term has
expired, for his service to the Committee.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
04-742. Monte Lilburn Boulanger v. Kathi Lilburn, from Benton Circuit.
04-777. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit.
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CR04-245. Kimberly Mutafis v. State of Arkansas, from Saline Circuit. Appellee'smotion to dismiss appeal.
CR04-714. Johnny Ratliff v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement and correct the record.
04-623. Ronald Dougan v. Donnie Ford et al., from Dallas Circuit. Separate appellee's motion to remand to settle record and for stay of brief time.
04-904. J. Houston Harmon et al. v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Petition for writ of certiorari.
04-904. J. Houston Harmon et al. v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Motion for stay of circuit court proceedings pending consideration of petition for writ of certiorari.
SUBMISSIONS
03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Argued orally.
CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit.
CR03-487. Johnny Dean Johnson v. State of Arkansas, from Stone Circuit.
CR03-703. Garrick Ashley v. State of Arkansas, from Jefferson Circuit.
CR03-1175. Dale Meadows v. State of Arkansas, from Carroll Circuit, Eastern District.
CR03-1307. Leonard Porter v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CR04-71. Tyree Devon Smith v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division.