ARKANSAS SUPREME COURT

Opinions delivered
November 11, 2004


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BETTY C. DICKEY, CHIEF JUSTICE:

03-853. Bryan Mangrum v. Ronald Pigue, Sr., Ronald Pigue, Jr., Pig, Inc., Marshall Quinn d/b/a Marshall's Flying Service and Ron Moss, from Greene Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

04-535. Mattie Allison v. Lee County Election Commission; Mark Smith; Pat Wilson, Individually and as Lee County Clerk; Patsy Buford; and the City of Marianna, Arkansas, by its Mayor, Rev. Robert Taylor, from Lee Circuit. Appeal Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

04-28. Robert Slusser v. Farm Service, Inc., Monsanto Company, Inc., from Lawrence Circuit. Affirmed. Thornton, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

04-404. Southwestern Bell Yellow Pages, Inc., Southwestern Bell Advertising, LP, and Southwestern Bell Telephone Co. v. Pipkin Enterprises, Inc., That French Salon, and Blake Batson, from Clark Circuit. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-407. Billy Howard Chatman v. State of Arkansas, from Fulton Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-494. Mark Latta v. State of Arkansas, from Garland Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR04-1118. Fred Phillips v. State of Arkansas, from Pulaski Circuit, First Division. Dickey, C.J., Corbin and Hannah, JJ., would deny.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR04-1079. Paul Anthony Moore 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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CR04-1114. Tommy Joe Crawford v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record. Petition granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1124. Carla Rajean Pigeon v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record. Petition granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1127. Teresa Edwards v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for entry of appearance as counsel; petition for writ of certiorari to complete the record. Motion and writ granted; order to show cause issued. See

per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1257. State of Arkanas v. Rickey D. Newman, by and through Next Friend Betty Moore, from Crawford Circuit. Appellee's motion for additional time to file brief. Granted 30 days.

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

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

CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. Motion of William M. Howard, Jr. to be substituted as counsel is granted.

CR04-944. Aaron Smothers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Response to request to file a motion for belated appeal. Appeal dismissed. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1011. Allen W. Hudson v. State of Arkansas, from Carroll Circuit, Eastern District. Motions of William O. James, Jr., to be appointed as counsel and to declare defendant indigent for purposes of appeal. Motions granted.

03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Appellant's motion requesting status of appeal. Due to non-compliance with Supreme Court Rule 4(2)(b)(3) the order of the Board of Law Examiners is affirmed; motion moot.

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

04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' motion to accept return of remand is granted. Dickey, C.J., Brown and Thornton, JJ., not participating.

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 is denied without prejudice.

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 is denied without prejudice.

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 is granted.

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. Passed until case submitted.

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 is granted.

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 is denied without prejudice. Glaze, J., would take as a case.

04-1190. Rebecca Tuck v. Honorable Stacey Zimmerman, Judge, from Washington Circuit. Motion to expedite granted; motion to stay proceedings in the circuit court and request for briefing schedule denied. Petition for writ of prohibition is denied. (Proceedings of November 8, 2004)

CR93-159. Eddie Lee Arnold v. State of Arkansas, from Jefferson Circuit. Pro se motion for photocopy of docket sheet at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-628. Corey Sanders v. State of Arkansas, from Columbia Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1071. Robert Lee Davis v. State of Arkansas, from St. Francis Circuit. Pro se motion for evidentiary hearing. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-783. Jamie C. Emberson, Jr. v. State of Arkansas, from Logan Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-997. Anthony D. Clark v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal of judgment. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1144. John F. Collins v. Honorable John Putman, from Baxter Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Robert Abney, of Des Arc, the Honorable Chris
Williams, of Malvern and Mr. Robert Thompson, III, of Paragould, are
hereby reappointed to the Committee on Automation for a three-year term
to expire October 2007.

The Court extends its thanks to Judge Abney, Judge Williams and
Mr. Thompson for accepting these reappointments to this most important
committee.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

04-928. Arkansas Electric Cooperative et al. v. John W. Ramsey (Deceased)

Leigh Ramsey, from Workers' Compensation Commission.

04-1060. J.C. Harrison, Jr. v. J.D. Loyd, Faber Mullins, Trustees of Mount Vernon Church of Christ, from Faulkner Circuit.

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CR90-126. Roger Coulter v. State of Arkansas, from Ashley Circuit. Appellant's motion to stay briefing schedule, or alternatively, for extension of time.

CR04-432. Robert Lee Hunter, Jr. v. State of Arkansas, from Garland Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rules 4-2(a)(5) and 4-2(a)(8).

CR04-817. Wayne Bowker v. State of Arkansas, from Benton Circuit. Appellant's motion for extension of time to file return on writ of certiorari.

CR04-821. State of Arkansas v. Robert Pittman, Jr., from Desha Circuit, Arkansas City District. Motion of Gary Potts to substitute counsel.

CR04-823. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(5) and (8) and/or for brief time.

CR04-1108. Travis Eugene Eaton v. Honorable Ray Reynolds, from Washington Circuit. Motion to reopen case.

CR04-1108. Travis Eugene Eaton v. Honorable Ray Reynolds, from Washington Circuit. Motion for substitution of party.

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar No. 81133, from Supreme Court Committee on Professional Conduct. Petitioner/appellee's motion for expedited consideration.

03-1474. Gaye Warr v. Kathleen C. Williamson, from Pope Circuit. Appellant's motion for costs.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Motion of appellant FMC Corporation to substitute brief pages.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Appellant FMC Corporation's motion to supplement the addendum.

04-752. Linda Camarillo-Cox v. Department of Human Services, from Benton Circuit. Appellee's motion to file belated brief.

04-752. Linda Camarillo-Cox v. Department of Human Services, from Benton Circuit. Appellee's motion to file supplemental brief.

04-1122. Robert L. Cook v. ABF Freight System, Inc., from Workers' Compensation Commission. Appellee's motion for extension of time to file response to petition for review.

04-1164. Alvin Dwiggins et ux. v. Elk Horn Bank & Trust Company, from Clark Circuit. Appellee's motion to dismiss appeal.

04-1164. Alvin Dwiggins et ux. v. Elk Horn Bank & Trust Company, from Clark Circuit. Appellants' motion to supplement the record.

04-1181. 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, a writ of certiorari.

04-1200. Dan Flowers, Director, Arkansas State Highway & Transportation Department et al. v. Honorable John N. Fogleman, Judge, from Crittenden Circuit. Petition for writ of prohibition or, in the alternative, a writ of certiorari.

SUBMISSIONS

CR04-715. Mark Duane Wright v. State of Arkansas, from Franklin Circuit, Northern District.

04-1. Alfred Shellnutt v. Melba Laird, from Saline Circuit.

04-284. DaimlerChrysler Services North America, LLC v. Richard Weiss, Director, Department of Finance and Administration et al., from Pulaski Circuit, Seventeenth Division.

04-411. Frank A. Bailey, Jr. et al. v. Delta Trust and Bank, Successor Trustee to Union National Bank et al., from Pulaski Circuit, Sixth Division.

04-449. Gary Kent Jones et ux. v. Linda K. Flowers et al., from Pulaski Circuit, Sixth Division.

04-617. Richard A. Weiss, Director, Department of Finance and Administration et al. v. American Honda Finance Corporation, from Pulaski Circuit, Sixth Division.