ARKANSAS SUPREME COURT

Opinions delivered
December 9, 2004


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DONALD L. CORBIN, JUSTICE:

CR04-158. Troy Lee Dorn Jr. v. State of Arkansas, from Jefferson Circuit. Affirmed. Thornton, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR04-331. Terese Marie Meadows v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed. Corbin, Thornton, and Hannah, JJ., dissent. (14 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR04-534. Charles Gentry Rodgers v. State of Arkansas, from Phillips Circuit. Affirmed. Thornton, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-79. Richard A. Perkins v. Cedar Mountain Sewer Improvement District No. 43 of Garland County, Arkansas, from Garland Circuit. Affirmed in Part, Reversed and Remanded in Part. Thornton, J., dissents. (19 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

04-273. Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco Company, Inc., from Pulaski Circuit, Seventeenth Division. Circuit Court Reversed; Arkansas Tobacco Control Board Affirmed. Brown, J., concurs. (15 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

04-696. Richard Weiss, Director of the Arkansas Department of Finance and Administration v. Jimmy R. McFadden, William W. Joplin and James T. French, On Behalf of Themselves and All Taxpayers Similarly Situated. Affirmed. Dickey, C.J., Brown, and Thornton, JJ., dissent. (6 PAGES + 3-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

04-808. Committee on Professional Conduct v. Paul E. Revels, from Committee on Professional Conduct. Reversed and Remanded. Glaze, J., concurs but would impose a six-month suspension. Thornton, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-605. Johnny Paul Dodson v. State of Arkansas, from Hot Spring Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-831. John Studer v. State of Arkansas, from Hot Spring Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1076. James Robert Pugh v. State of Arkansas, from Washington Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

 CR04-1170. Earl W. Loy v. State of Arkansas, from Garland Circuit.

CR04-1175. Keith Tenner v. State of Arkansas, from Bradley Circuit.

04-1083. Bobbie Dozier v. Arkansas Department of Finance and Administration, from Workers' Compensation Commission.

04-1107. Wynne Tree Service, Inc. v. Herbert Stratton, from Cross Circuit.

04-1120. Lula Jean Hobbs v. Carmelia Moore, from Lee Circuit.

04-1122. Robert Cook v. ABF Freight Systems, Inc., from Workers' Compensation Commission.

04-1168. Courtney Harrison v. Mr. Burger of Arkansas, Inc. et al., from Workers' Compensation Commission.

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CR04-1127. Teresa Edwards v. State of Arkansas, from Pulaski Circuit, Seventh Division. Contempt order issued. See per curiam this date. Dickey, C.J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-1184. Arkansas Department of Human Services v. Charlie Von Garrett and Dyana Garrett, from Independence Circuit. Motion for rule on the clerk. Remanded to settle the record. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1041. Keela McGahey v. State of Arkansas, from Desha Circuit, Arkansas City District. Findings of fact on attorney error. Show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1257. State of Arkansas v. Rickey D. Newman, from Crawford Circuit. Pro se motion to dissolve temporary stay of execution of sentence is denied.

CR3-1257. State of Arkansas v. Rickey D. Newman, from Crawford Circuit. Respondent's motion to vacate briefing schedule is granted.

CR04-550. Larry Washington v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is granted.

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.

CR04-903. Joseph Daniel Rice v. State of Arkansas, from Independence Circuit. Appellee's motion to dismiss appeal is granted.

CR04-973. Tyshawn Mims a/k/a Laeries Hayes v. State of Arkansas, from Crittenden Circuit. Motion to dismiss appeal is granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1245. Edrick D. Ellis v. State of Arkansas, from Union Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CA04-80. Don J. Switzer v. Shelter Mutual Insurance Company, from Searcy Circuit. Appellant's motion for reconsideration is granted.

04-338. Gary Kyzar v. City of West Memphis, Arkansas et al., from Crittenden Circuit. Motion for extension of time to correct and supplement appellant's brief and addendum and to substitute counsel is granted.

04-481. Roxanne Walls v. Arkansas Department of Human Services, from Independence Circuit. Appellant's motion to file belated brief is granted.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to correct omission of pagination in supplemental record and for extension of brief time is denied.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to stay briefing schedule. Granted 14 days.

04-682. Kirby Arbaugh v. AG Processing, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief is granted.

04-777. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit. Joint motion to dismiss petition for review is granted.

04-994. Populist Party of Arkansas et al. v. Linda Chesterfield et al., from Pulaski Circuit, Sixth Division. Appellee Daniels' motion to substitute copies is granted.

04-1061. Cynthia Moriconi et al. v. AT&T Wireless PCS, LLC et al., from Pulaski Circuit, Seventh Division. Appellants' unopposed motion to extend time to respond to appellees' motion to dismiss appeal is granted.

04-1234. J. Paul Bridges v. Honorable Xollie Duncan, Judge, from Benton Circuit. Petition for temporary and permanent writs of prohibition is denied without prejudice.

04-1290. David Luebker et ux. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Motion for expedited consideration granted; petition for extraordinary relief denied without prejudice. Appellant's motion to supplement the record. Moot. (Proceedings of December 7, 2004)

04-1291. Victoria Crenshaw et al. v. Eudora School District et al., an Original Action. Request to certify question of law from the United States District Court for the Eastern District of Arkansas. Notice of acceptance of certified question of law. See per curiam this date. Glaze, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1476. Jeff Morgan v. State of Arkansas, from Miller Circuit. Pro se motions for transcript at public expense and for appointment of counsel. Motions 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 motion to file a supplemental pro se brief. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-723. Stanley Ellison v. State of Arkansas, from Crawford Circuit. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-725. Larry Handy v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion and amended motion for reconsideration denied; motion for copy of record to prepare brief moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-1095. Sandra Fairfield v. State of Arkansas, from Cleburne Circuit. Pro se motion for rule on clerk. Motion granted. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1111. Jessie Garcia v. State of Arkansas, from White Circuit. Pro se motion for rule on clerk. Motion granted. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1046. William R. Lehman v. State of Arkansas, from Marion Circuit. Pro se motion for belated appeal of judgment denied; motion for appointment of counsel moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1073. Arthur Bledsoe v. Honorable David Burnett, from Mississippi Circuit, Osceola District. Pro se petition for writ of mandamus. Amended response requested. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rule 1(c), Rules of Appellate Procedure - Criminal. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Adoption of Administrative Order Number 18 and Amendment of District Court Rules (Formerly Known as Inferior Court Rules). See per curiam this date. (16 PAGES PUBLISHED) [HTML, WP5.1]

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

The Honorable Leon Jamison, Circuit Judge, of Pine Bluff,
Barbara Morris-Williams, Esq., of Little Rock, and Jennifer Stone, Esq.,
of El Dorado, are appointed to the Committee on Child Support for
four-year terms to expire on November 30, 2008. Judge Jamison is
appointed as a Circuit Judge member of the Committee, Ms. Morris-
Williams as the Office of Child Support Enforcement member, and
Ms. Stone as the legal services attorney member. The Court extends its
appreciation to these appointees for their willingness to serve on this
most important Committee.

The Court expresses its appreciation to the Honorable Kathleen
Bell, Circuit Judge, of Helena, Jean Carter, Esq., of Little Rock, and James
Barnhill, Esq., of Little Rock, whose terms have expired, for their years of
valuable service to this Committee.

In Re: Appointments to Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

On November 18, 2004, we adopted a per curiam order
providing for geographical distribution of members of the Continuing
Legal Education Board. One member is to be designated from each of
Arkansas's four United States Congressional Districts and five members
are to serve at large.

Present members of the Continuing Legal Education Board are
assigned to the following positions: Cindy Grace Thyer of Jonesboro,
First Congressional District, Mark R. Hayes of North Little Rock, Second
Congressional District, Jim Rose III of Fayetteville, Third Congressional
District, Honorable Don Glover, Circuit Judge, of McGehee, Fourth
Congressional District, Madison "Pat" Aydelott, III, of Conway, At Large
Position Five, Julie McDonald Cabe of Little Rock, At Large Position Six,
Harold Evans of Little Rock, At Large Position Seven, Michael Hodson of Fayetteville, 
At Large Position Eight, and Tony L. Yokum of Hope, At Large Position Nine.

The above individuals shall continue to serve until replacements shall
be named at the expiration of their respective terms.

In the Matter of the Retirement of Judge Jerry Mazzanti. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Judge Jerry Mazzanti has served honorably as circuit and chancery
judge for the Tenth Judicial Circuit for the past nineteen-and-one-half
years. Appointed circuit judge by Governor Bill Clinton on July 1, 1985,
Judge Mazzanti served for a year-and-a-half as circuit judge. He was elected
to the position of chancery judge and assumed that office in January 1987.

In 1992 and 1998, Judge Mazzanti was reelected and continued to serve the Tenth 
Judicial District with distinction. During his tenure, Amendment 80 took effect, and 
Chancellor Mazzanti became once again a circuit judge. However, his area of expertise 
remained domestic relations, and he has consistently championed the cause of alternative 
dispute resolution. In retirement, Judge Mazzanti looks forward, among other things, to 
pursuing his interest in mediation. The Supreme Court congratulates Judge Mazzanti
and wishes him and his wife Sharon the very best for the future.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

04-63. James Bradley Clark v. Entergy Arkansas, Inc. and Clements + Poellot/Associates, PLLC, from Pulaski Circuit, Second Division. (Entergy Arkansas)

04-63. James Bradley Clark v. Entergy Arkansas, Inc. and Clements + Poellot/Associates, PLLC, from Pulaski Circuit, Second Division. (Clements + Poellot/Associates)

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PETITIONS FOR REVIEW:

CR04-1167. Alexander Stewart v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR04-1237. Korey Fells v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR04-1270. Kenneth Harold Jordan, Jr. v. State of Arkansas, from Hempstead Circuit.

04-1126. Betty Roach v. PPG Industries, Inc., et al., from Washington Circuit.

04-1235. Gerald Robinson v. Karen Ford-Robinson, from Pulaski Circuit, Seventeenth Division.

04-1255. Cleatus Wiles d/b/a Outdoor Advertising v. City of Highland Planning & Zoning Commission Board of Adjustment, from Sharp Circuit.

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CR04-1118. Fred Phillips v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file supplemental brief.

CR04-1178. Charles D. Loudermilk v. State of Arkansas, from Faulkner Circuit. Appellant's motion to dismiss appeal.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Appellants' motion for oral argument.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Appellants' motion to enlarge time for oral argument.

04-1061. Cynthia Moriconi et al. v. AT&T Wireless PCS, LLC et al., from Pulaski Circuit, Seventh Division. Appellees' motion to dismiss appeal.

04-1276. Calvin Kendrick v. Amanda Burkholder, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

SUBMISSIONS

04-351. Judy Davis v. Tony Davis, from Pulaski Circuit, Ninth Division.

04-367. Meadow Lake Farms, Inc. v. Carl Cooper et al., from Izard Circuit.

04-815. Southern Farm Bureau Casualty Insurance Company et al. v. Barbara Spears et al., from Dallas Circuit.

04-829. Barbara Mittry et al. v. Bancorpsouth Bank f/k/a First United Bank (Stuttgart), from Pulaski Circuit, Second Division.

04-852. Arkansas Department of Human Services v. Honorable Gary Isbell, Judge, from Marion Circuit.