ARKANSAS SUPREME COURT

Opinions delivered
November 4, 2004


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BETTY C. DICKEY, CHIEF JUSTICE:

04-137. John M. Burnett v. Supreme Court Committee on Professional Conduct, an Original Action. Appeal Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

04-207. Amanda Trout v. Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed; Court of Appeals Reversed on Petition for Review. (17 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Hannah, J., dissents. (28 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-43. Leonard Porter v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR03-1220. Beverly Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

03-1365. Arkansas Hearing Instrument Dispenser Board v. O.G. Vance, from Cleburne Circuit. Circuit Court Reversed; Board Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

04-63. James Bradley Clark v. Transcontinental Insurance Company, Entergy Arkansas, Inc., Clements + Poellot/Associates, PLLC, and Silverwood Products, from Pulaski Circuit, Second Division. Reversed and Remanded. Glaze, Corbin and Thornton, JJ., concur in part and dissent in part. (13 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

04-485. David Harris v. City of Fort Smith, Arkansas, from Sebastian Circuit, Fort Smith District. Reversed and Remanded; Court of Appeals Affirmed as Modified. Special Justice Brent Standridge joins. Thornton, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-1004. David Lee Edwards v. State of Arkansas, from Crittenden Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1086. Wilfort D. Adams v. State of Arkansas, from Faulkner Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REVIEW DENIED: Petition for review was denied today in the following case.

04-1040. Jeanne Murphy v. Bruce Murphy, from Pulaski Circuit, Thirteenth Division.

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CR04-1017. Julie Smith v. Honorable Michael A. Maggio, Judge, from Searcy Circuit. Petition and amended petition for writ of prohibition. Petitions denied.

CR04-927. Quincy Moore v. State of Arkansas, from Pulaski Circuit, Fifth Division. Amended motion for rule on clerk; renewed petition for writ of certiorari to complete the record. Granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-927. Quincy Moore v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for rule on clerk. Moot.

CR04-950. Deborah K. Pope v. State of Arkansas, from Crawford Circuit. Motion of Naif Samuel Khoury to withdraw as attorney of record and for appointment of counsel is denied. Naif Samuel Khoury appointed as counsel.

CR04-950. Deborah K. Pope v. State of Arkansas, from Crawford Circuit. Appellant's motion to stay brief time and for stay of time to file affidavit of support in request to proceed in forma pauperis. Moot.

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Pro se motion to dissolve temporary stay of execution and response to motion for reconsideration. Passed until case submitted.

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Pro se motion to strike motions on ground of conflict of interest. Passed until case submitted.

CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to supplement the record is granted.

CR04-1059. James E. Baker, Jr. v. State of Arkansas, from Carroll Circuit, Eastern District. Motion for rule on clerk to file petition for review is denied.

CR04-1129. Randall Leon Manor v. State of Arkansas, from White Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Appellants' attorneys' petition for rehearing on per curiam order denying requests for award of additional attorneys' fees is denied. Glaze, J., would grant. Imber, J., not participating.

CA04-80. Don J. Switzer v. Shelter Mutual Insurance Company, from Searcy Circuit. Appellant's motion to transfer to the Supreme Court is denied.

04-338. Gary Kyzar v. City of West Memphis, Arkansas; Billy Johnson, Mayor; The West Memphis Advertising and Promotion Commission; and Frank Waggener, Chairman, from Crittenden Circuit. Rebriefing ordered. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

04-880. Lee Huff v. Honorable Harvey Lee Yates, Judge, from Lee Circuit. Petitioner's motion for reconsideration is denied.

04-568. Floyd Villines, III, Pulaski County Judge et al. v. Nora Harris, from Pulaski Circuit, Third Division. Appellants' request for oral argument is granted. Corbin, Brown and Imber, JJ., not participating.

04-1110. Ruby Christine Kiesling v. St. Vincent Doctors Hospital et al., from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.

04-1145. In Re: Bobby Keith Moser, Arkansas Bar ID No. 81122, from Committee on Professional Conduct. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-1159. Timothy Chad Hutchinson v. The Honorable Timothy D. Fox, Judge, from Pulaski Circuit, Sixth Division. Emergency petition for a writ of certiorari or, in the alternative, for writ of prohibition and emergency petition for stay is denied. Thornton, J., dissents. Dickey, C.J., not participating. (Proceedings of October 29, 2004)

CACR02-1075. Harmon Williams v. State of Arkansas, from Hempstead Circuit. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-703. David Preston Pardue v. State of Arkansas, from Washington Circuit. Pro se petition for writ of certiorari. Petition denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-822. George Aydelotte v. State of Arkansas, from Conway Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-835. Hans C. Hess v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motions for extension of time to file brief and for copy of record. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR04-1079. Paul Anthony Moore v. State of Arkansas, from Pulaski Circuit, First Division.

CR04-1118. Fred Phillips v. State of Arkansas, from Pulaski Circuit, First Division.

CR04-1125. David Clay Garrett, IV v. State of Arkansas, from Benton Circuit.

04-1066. Rick W. Dillard v. Benton County Sheriff's Office, from Workers' Compensation Commission.

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CR94-928 and CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion of Dennis P. Riordan, Donald M. Horgan, and Theresa A. Gibbons for permission to practice by comity.

CR04-703. David Preston Pardue v. State of Arkansas, from Washington Circuit. Appellee's motion to supplement the record and for brief time.

CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. Motion of James P. Mazzanti to withdraw as counsel.

CR04-944. Aaron Smothers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Response to request to file a motion for belated appeal.

CR04-1011. Allen W. Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Motion of William O. James, Jr., to be appointed as counsel.

CR04-1011. Allen W. Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Motion to declare defendant indigent for purposes of appeal.

03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Appellant's motion requesting status of appeal.

03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Appellant's motion for clarification.

04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' motion to accept return of remand.

04-623. Ronald Dougan v. Donnie Ford and Leroy Brownlee, Chairman, Post Prison Transfer Board, from Dallas Circuit. Motion of separate appellee, Leroy Brownlee, to dismiss appeal.

04-623. Ronald Dougan v. Donnie Ford and Leroy Brownlee, Chairman, Post Prison Transfer Board, from Dallas Circuit. Motion to adopt motion to dismiss appeal filed on behalf of separate appellee, Leroy Brownlee.

04-623. Ronald Dougan v. Donnie Ford and Leroy Brownlee, Chairman, Post Prison Transfer Board, from Dallas Circuit. Motion of separate appellee, Leroy Brownlee, to withdraw motion to remand to settle record and to stay brief time.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to limit record or, alternatively, for attorneys' fees and brief costs.

04-901. Dr. Per Otte v. Arkansas State Board of Acupuncture and Related Techniques, from Garland Circuit. Motion of the Arkansas State Board of Acupuncture for substitution of counsel.

04-1143. Dan Flowers, Director, Arkansas State Highway & Transportation Department et al. v. Honorable John N. Fogleman, Judge, from Poinsett Circuit. Petition for writ of prohibition or, in the alternative, writ of certiorari.

SUBMISSIONS

04-273. Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco Company, Inc., from Pulaski Circuit, Seventeenth Division.

04-404. Southwestern Bell Yellow Pages, Inc. et al. v. Pipkin Enterprises, Inc. et al., from Clark Circuit.

04-535. Mattie Allison v. Lee County Election Commission et al., from Lee Circuit.

04-696. Richard Weiss, Director, Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division.