JIM HANNAH, CHIEF JUSTICE:

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit. Circuit Court Affirmed; Court of Appeals Affirmed. Gunter, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

04-351. Judy Davis v. Tony Davis, from Pulaski Circuit, Ninth Division. Affirmed. Imber, J., concurs. Brown, J., dissents. Gunter, J., not participating. (6 PAGES + 1-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

04-441. Arkco Corporation et al. v. Jess Askew, from Pulaski Circuit, Fifth Division. Appeal Dismissed. Special Justices Sarah Heffley, Gene McKissic and Robert Vittitow join. Brown, Imber and Thornton, JJ., not participating. (Proceedings of December 22, 2004) (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR04-573. Marrio Terrell Dednam v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Gunter, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-829. Barbara Mittry, as Personal Representative of the Estate of F.K. "Bill" Mittry, Deceased and Joseph Harvey, Both on Behalf of All Others Similarly Situated v. Bancorpsouth Bank f/k/a First United Bank (Stuttgart), from Pulaski Circuit, Second Division. Affirmed. Gunter, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

04-852. Arkansas Department of Human Services v. Honorable Gary Isbell, Judge, Christina Starry, Mother of Minor Child, from Marion Circuit. Petition for Writ of Prohibition Denied. Gunter, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

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

04-411. Frank A. Bailey, Jr. et al. v. Delta Trust & 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.

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

04-1221. Brittney Harris v. JSK Enterprises, Inc. et al., from Pulaski Circuit, Third Division.

04-1225. Billy Joe Rylant v. Monica Hicks, from Greene Circuit.

04-1265. Arkansas Department of Human Services v. Ronald Parker, from Lincoln Circuit.

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04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Motion to dismiss. Denied. See per curiam this date. Gunter, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-927. Quincy Moore v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for rule on clerk. Attorney fault. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-715. Mark Duane Wright v. State of Arkansas, from Franklin Circuit, Northern District. Appellant's motion to stay mandate. Moot.

CR04-1102. Edward Eugene Mayberry, Jr. v. State of Arkansas, from Hot Spring Circuit. Appellee's motion to dismiss appeal is granted.

CR04-1332. Salvador Ayala v. Honorable William A. Storey, Judge, from Washington Circuit. Motion to transfer is denied.

CR04-1332. Salvador Ayala v. Honorable William A. Storey, Judge, from Washington Circuit. Motion to dismiss petition for temporary and permanent writs of prohibition and writ of mandamus is granted.

CR04-1332. Salvador Ayala v. Honorable William A. Storey, Judge, from Washington Circuit. Petition for temporary and permanent writs of prohibition and writ of mandamus. Moot.

04-441. Arkco Corporation et al. v. Jess Askew, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is granted. See opinion issued December 22, 2004.

04-993. Richard R. Plaisance v. Ron Nichols, from Benton Circuit. Joint motion to dismiss appeal is granted.

04-1055. Thomas Arthur Johnson v. Virginia Hargrove et al., from Washington Circuit. Appellant's motion for extension of time to correct brief is denied.

CR04-843. Paul Pennebaker v. State of Arkansas, from Conway Circuit. Pro se motion for extension of time to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1088. Joe Morgan v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motions for copy of record and duplication of brief at public expense, for appointment of counsel, and copy of trial transcript. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1097. Timothy Moore v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motions for access to record and for extension of time to file appellant's brief. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1155. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for rule on clerk to proceed with appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1208. Arthur Lamon Joyner v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion and amended motion for belated appeal of judgment. Motion and amended motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1322. Ricky L. Scott v. Honorable L.T. Simes, from Cross Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED [HTML, WP5.1])

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

Honorable Charles Yeargan, Circuit Judge, Ninth Judicial
Circuit-West, Honorable Thomas Deen, Prosecuting Attorney of
the Tenth Judicial Circuit; and Colette Honorable, Esq., Assistant
Attorney General, are hereby reappointed to our Committee on
Criminal Practice for three-year terms to expire on January 31, 2008.
The Court thanks Judge Yeargan, Mr. Deen, and Ms. Honorable
for accepting reappointment to this important Committee.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR04-331. Terese Marie Meadows v. State of Arkansas, from Carroll Circuit, Eastern District.

03-1318. Medmarc Casualty Insurance Company v. Forest Healthcare, Inc. et al., from Howard Circuit.

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PETITIONS FOR REVIEW:

CR04-1137. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR04-1264. Robert Archer v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR04-1272. Charles Robinson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

04-1254. Arkansas State Board of Nursing v. Jody Marie Morrison, from Sebastian Circuit, Fort Smith District.

04-1277. Richard J. Hudson et ux. v. Emile C. Hilo et ux., from Pulaski Circuit, Sixth Division.

04-1301. Ella Mae Reynolds v. LaSalle Bank, N.A., from Jefferson Circuit.

04-1304. Ray Hunter et ux. v. Video Real Estate Agency, Inc., from Sharp Circuit.

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CR04-98. Roberto Benavidez v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

CR04-476. State of Arkansas v. Edward Fontaine and Dane Reed, from Jefferson Circuit. Motion of Edward Fontaine to reschedule oral argument.

CR04-822. George Aydelotte v. State of Arkansas, from Conway Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-2(a)(5) and/or additional brief time.

CR04-853. Curtis Ray Flowers v. State of Arkansas, from Columbia Circuit. Appellant's motion to file an enlarged brief and for brief time.

CR04-1089. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Appellee's motion for stay or extension of brief time.

CR04-1101. Larry Spohn v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR04-1226. Mark A. Bolton v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal.

CR04-1237. Korey Fells v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to file supplemental brief.

CR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Motion ofGeorge Spence to be substituted as counsel.

CR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Motion of Lynn D. Lisk to be relieved and for appointment of counsel.

CR04-1320. Arthur E. Dickerson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of John Joplin to withdraw as attorney and for extension of brief time.

CR04-1320. Arthur E. Dickerson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for appointment of counsel.

CR04-1335. Christopher Charles Yarbrough v. Honorable Gary R. Cottrell, Judge, from Crawford Circuit. Petition for writ of prohibition.

CR04-1356. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Motion of the Arkansas Public Defender Commission to be relieved as attorney of record.

CR04-1367. Sean P. Tumlison v. State of Arkansas, from Drew Circuit. Petition for writ of certiorari to complete the record.

CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Motion for rule on clerk.

CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Motion of the Arkansas Public Defender Commission to be relieved and for substitution of counsel.

04-1162. Terry Jones v. Barbara Billingsly, from Independence Circuit. Appellant's motion to file supplemental brief.

04-1290. David Luebker et ux. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellants' motion for briefing schedule.

04-1325. Lee Huff v. Lucious Arter et al., from Lee Circuit. Motions to proceed in forma pauperis on appeal.

04-1334. Judy Etchison Wandrey v. Marty Etchison, from Boone Circuit. Motion for rule on clerk.

04-1338. Kenny Woods v. Honorable Barry A. Sims, Judge, from Pulaski Circuit, Seventh Division. Motion to expedite and petition for writ of mandamus.

04-1338. Kenny Woods v. Honorable Barry A. Sims, Judge, from Pulaski Circuit, Seventh Division. Motion to withdraw as attorney of record.

04-1353. Daniel Morales v. Hector Martinez, from Workers' Compensation Commission. Appellant's motion to file belated petition for review.

04-1374. Alvin Dwiggins et ux. v. Elk Horn Bank & Trust Company, from Clark Circuit. Motion for rule on clerk.

04-1377. Edmundo Gordon Rogers v. Cynthia Ann Rogers, from Baxter Circuit. Motion for rule on clerk and petition for writ of certiorari.

SUBMISSIONS

CR04-651. Ronnie Polston v. State of Arkansas, from Independence Circuit. Argued orally.

CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR04-821. State of Arkansas v. Robert Pittman, Jr., from Desha Circuit, Arkansas City District.

04-682. Kirby Arbaugh v. AG Processing, from Workers' Compensation Commission.

04-770. Carey Wyatt et ux. v. Arkansas Game & Fish Commission, from Newton Circuit.

04-828. Iris L. Brooks v. Board of Certified Court Reporter Examiners, from Pulaski Circuit, Third Division.