Opinions delivered
December 15, 2004
JOHN MAUZY PITTMAN, JUDGE:
CACR03-219. William Sharp v. State of Arkansas, from Johnson Circuit. Reversed and Remanded. Hart and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR03-1164. Krystal Lee Lamance v. State of Arkansas, from Crawford Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CA04-202. Northwest Arkansas Recovery, Inc. v. Boyce R. Davis and Davis and Zega, P.C., from Washington Circuit. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Crabtree and Roaf, JJ., agree. (12 PAGES PUBLISHED) [HTML, WP5.1]
JOSEPHINE LINKER HART, JUDGE:
CACR02-1005. Robert Spears v. State of Arkansas, from Miller Circuit. Affirmed. Griffen, Crabtree, and Baker, JJ., agree. Pittman and Vaught, JJ., concur. (7 PAGES + 3-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CACR04-203. David Michael Salyer v. State of Arkansas, from Johnson Circuit. Affirmed. Gladwin and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-222. James Newton Hammon v. State of Arkansas, from Ashley Circuit. Affirmed. Vaught, J., agrees. Pittman, J., concurs. (7 PAGES + 1-PAGE CONCURRENCE UNPUBLISHED) [HTML, WP5.1]
CA04-419. Sue Monk v. Judy Griffin, from Hempstead Circuit. Rebriefing Ordered. Gladwin and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
ROBERT J. GLADWIN, JUDGE:
CACR04-262. Western Title & Investment Company v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-274. Dora Hilda Chevez v. State of Arkansas, from Crawford Circuit. Affirmed. Stroud, C.J., and Neal, J., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-278. John Earl Walker v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Baker, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
JOHN B. ROBBINS, JUDGE:
CACR04-387. Spencer Bonding Services, Inc. and Errol Scott v. State of Arkansas, from Crawford Circuit. Reversed and Dismissed. Gladwin and Vaught, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
CA04-553. Terry Gibson v. First State Bank of Warren et al., from Cleveland Circuit. Affirmed. Gladwin and Vaught, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
SAM BIRD, JUDGE:
CACR04-510. Michael Eugene Bradshaw v. State of Arkansas, from Garland Circuit. Affirmed. Griffen and Neal, JJ., agree. (11 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-520. J.D. & Billy Hines Trucking, Inc. and The Zenith Insurance Company v. Danny Hebert, from Workers' Compensation Commission. Affirmed. Griffen and Neal, JJ., agree. (12 PAGES UNPUBLISHED) [HTML, WP5.1]
WENDELL L. GRIFFEN, JUDGE:
CACR03-1314. Carl Tice v. State of Arkansas, from Pope Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-474. James Lawson v. State of Arkansas, from Union Circuit. Affirmed. Crabtree and Baker, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA04-73. Edward Zane Fair and Ruby Jean Fair v. LEDC, a Missouri Limited Liability Company, from Independence Circuit. Affirmed. Crabtree and Baker, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
E04-91. Carol A. Holmes v. Director, Employment Security Department and M. Shannon Foster, from Board of Review. Affirmed. Bird and Neal, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CACR03-1145. Steven Evans v. State of Arkansas, from Jefferson Circuit. Affirmed. Birdand Griffen, JJ., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
LARRY D. VAUGHT, JUDGE:
CA04-363. El Dorado Foundry, Machine & Supply Company v. Continental Casualty Company, from Union Circuit. Affirmed. Gladwin and Robbins, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR04-89. James Allen Long, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Pittman and Roaf, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-418. Sonia T. McGuire v. Patrick T. McGuire, from Sebastian Circuit. Reversed and Dismissed. Pittman and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
KAREN R. BAKER, JUDGE:
CACR03-1394. Natasha Nicole Stewart v. State of Arkansas, from Pulaski Circuit. Reversed and Dismissed. Griffen and Crabtree, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
CA04-178. Lakesia Chandler v. Justin Washam, Ernest Heidelberger, and Wayne Webb, from Phillips Circuit. Affirmed. Hart and Gladwin, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR04-176. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Affirmed. Pittman and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]
CA04-285. Wendell Campbell v. Entergy Arkansas, Inc., from Arkansas Circuit. Reversed and Remanded. Pittman and Crabtree, JJ., agree. (4 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).
E04-246. Teresa Clark v. Director et al.
E04-250. Wanda L. Booker v. Director et al.
E04-251. Jeff McDoniel v. Director et al.
E04-252. Clara Y. Jones v. Director et al.
E04-253. Lisa Hammond v. Director et al.
E04-254. Freddy J. Meyers v. Director et al.
E04-255. David Young v. Director et al.
E04-256. Aubrey Webb v. Director et al.
E04-257. Lonnie D. Jordan v. Director et al.
E04-258. Leroy Gibson v. Director et al.
E04-259. Angie D. Hillis v. Director et al.
PER CURIAM ORDERS
REHEARING GRANTED: Petition for Rehearing was granted today in the following case.
CA04-95. May Morgan v. Southern Farm Bureau Casualty Insurance Company, from Faulkner Circuit. See substituted opinion this date. Stroud, C.J., and Hart, J., would deny. (7 PAGES PUBLISHED) [HTML, WP5.1]
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REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR03-1374. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division. See dissenting opinions this date. (3-PAGE DISSENT AND 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1] [HTML, WP5.1]
CA03-1253. Ray Hunter and Helena Hunter v. Video Real Estate Agency, Inc., from Sharp Circuit.
CA04-57. Richard J. Hudson and Erma J. Hudson v. Emile C. Hilo and Jennifer M. Hilo, from Pulaski Circuit, Sixth Division.
CA04-166. Fred's, Inc. and Royal & Sun Alliance, Inc. v. Deborah Jefferson, from Workers' Compensation Commission. See substituted opinion and dissenting opinion this date. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
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CACR02-233. Efrem Burke v. State of Arkansas, from Craighead Circuit, Western District. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for reconsideration of denial of motion to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis is denied.
CACR03-1216. Jamie Ray Baxter v. State of Arkansas, from Crawford Circuit. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,000.00.
CACR03-1332. Billy Dodson v. State of Arkansas, from Lonoke Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit. Appellant's motion to file belated brief is granted.
CACR03-1397. Patricia L. Booker v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00. Pittman and Griffen, JJ., would deny without prejudice.
CACR04-151. Jeremiah Estelle v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis for attorney's fees is granted. Allowed $1,000.00.
CACR04-540. Bobby Powell v. State of Arkansas, from Jefferson Circuit. Appellant's motion for additional brief time is granted. Gladwin and Griffen, JJ., would make this final extension.
CACR04-610. Bobby Lee Posey v. State of Arkansas, from Crittenden Circuit. Appellant's motion for additional brief time is granted. Gladwin and Griffen, JJ., would make this final extension.
CACR04-790. Jerry Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for additional brief time is granted. Griffen, J., would make this final extension.
CACR04-840. Milton Morris v. State of Arkansas, from Sevier Circuit. Motion of Q. Byrum Hurst, Jr., to withdraw as counsel for appellant is granted.
CACR04-889. Johnny Releford v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.
CACR04-1056. Luis Eduardo Renderos v. State of Arkansas, from Crawford Circuit. Appellant's motion to amend record is remanded to the trial court to settle the record within thirty days.
CACR04-1262. Robert C. Taylor v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as counsel for appellant is granted. Nona M. Morris is appointed to represent the appellant.
CACR04-1279. Charles V. Simmons v. State of Arkansas, from Cleburne Circuit. Motion of Bradley D. Sipe to withdraw and to substitute Michael Loggains as appointed counsel for appellant and to stay brief time is granted.
CA03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to file belated brief is granted.
CA03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to file belated brief is granted.
CA03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Appellee's motion to file belated brief is granted.
CA03-1299. Baxter County Regional Hospital et al. v. Arlene Dixon, from Workers' Compensation Commission. Appellants' motion to file supplemental addendum and for brief time is granted.
CA03-1329. American Greetings Corporation et al. v. Leigh Sidler, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted.
CA04-8. Dennis Martindill v. Robert Stanton, from Pulaski Circuit, Sixth Division. Appellant's motion for additional time for rebriefing is granted. Appellant's brief due January 3, 2005.
CA04-737. J. D. Phillips v. Cleo Metcalf et al., from Lonoke Circuit. Appellees' motion for additional brief time is granted.
CA04-872. Kenneth McDonald v. Batesville Poultry Equipment, from Workers' Compensation Commission. Appellee's motion to strike appellant's nonconforming portion of the statement of the case is granted.
CA04-942. Queen Levingston et al. v. Felicia Stovall, et al, from Union Circuit. Motion of separate appellee, Felicia Stovall, to strike is denied. Neal, J., not participating.
CA04-961. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Appellants' motion to supplement the record is granted. Record deemed supplemented.
CA04-1241. Waste Management et al. v. Jack Estridge, from Workers' Compensation Commission. Appellants' motion for rule on clerk to lodge transcript is denied. See dissent this date. Griffen, J., not participating. (8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
SUBMISSIONS
CACR02-1141. Jason Lamont Lee v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit.
CACR03-155. Albert Sims v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR03-395. Jeff T. Walton v. State of Arkansas, from Howard Circuit.
CACR03-471. Roy Lee Wallace v. State of Arkansas, from Crittenden Circuit.
CACR03-881. Jimmy Shane Cantrell v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR03-986. Marcus Conery v. State of Arkansas, from Jefferson Circuit.
CACR03-1144. Stephen Withers v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR03-1146. Michael Wrenn v. State of Arkansas, from Jefferson Circuit.
CACR03-1158. Daniel William Boone v. State of Arkansas, from Faulkner Circuit.
CACR03-1244. Christopher Rhys Nolen v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR03-1297. Frank T. Hart v. State of Arkansas, from Crittenden Circuit.
CACR03-1317. Bilal Kareem Al-Amin v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit.
CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit.
CACR03-1425. Bobby Ray Hatton v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR04-3. James Turner v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR04-67. Charles Fitzgerald McCrary v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR04-110. Susan M. Foster v. State of Arkansas, from Union Circuit.
CACR04-169. Eric Perkins v. State of Arkansas, from Yell Circuit, Southern District.
CACR04-247. Troy Wayne Love v. State of Arkansas, from Miller Circuit.
CACR04-297. Leanell Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division.
The following cases are appeals from the Arkansas Board of Review.
E04-269. Lewis E. Matthews v. Director et al.
E04-270. Karen S. Foster v. Director et al.
E04-271. Vickie D. Deal v. Director et al.
E04-272. Ron Simmons v. Director et al.
E04-273. Winston Williams v. Director et al.
E04-274. James Robertson, Jr. v. Director et al.
E04-275. Arkansas Support Network, Inc. v. Director et al.
E04-276. Arkansas Support Network, Inc. v. Director et al.
E04-277. Sondra R. Stewart v. Director et al.
E04-278. Sondra R. Stewart v. Director et al.
E04-281. Belinda G. Prichard v. Director et al.