ARKANSAS SUPREME COURT

Opinions delivered
January 20, 2005


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JIM HANNAH, CHIEF JUSTICE:

CR04-651. Ronnie Polston v. State of Arkansas, from Independence Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

04-545. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission. Workers' Compensation Commission Affirmed; Court of Appeals Reversed. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR94-928 and CR99-1060. Damien Echols v. State of Arkansas, from Craighead Circuit, Western District. Petitioner's Motion to Recall the Mandate and to Reinvest Jurisdiction in the Trial Court to Consider Petition for Writ of Error Coram Nobis or for Other Extraordinary Relief. Motion Denied. Imber, J., concurs. (10 PAGES PUBLISHED) Supplemental opinion on denial of petition for rehearing delivered February 24, 2005. (3 PAGES PUBLISHED) [HTML, WP5.1

DONALD L. CORBIN, JUSTICE:

04-752. Linda Camarillo-Cox v. Arkansas Department of Human Services, from Benton Circuit. Circuit Court Affirmed; Court of Appeals Reversed. (18 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR04-630. David Earl Henderson v. State of Arkansas, from Washington Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-199. Sharon McGhee, Sidney McGhee, Clarice Davis, Roberto Salas, Charles Stewart, Henry Evans, and LaDonna Payte, individually and on behalf of a class of similarly situated persons v. Arkansas State Board of Collection Agencies and Rusty Guinn, Jerry Markham, Randy Bynum, Opal Lang and James Mitchell, in their official capacities as Board Members of the Arkansas State Board of Collection Agencies, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Corbin, J., dissents. Gunter, J., not participating. (11 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division.

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID No. 81133, from Committee on Professional Conduct.

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit.

04-284. DaimlerChrysler Services North America, LLC v. Richard Weiss, Director,

Arkansas Department of Finance and Administration et al., from Pulaski Circuit, Seventeenth Division.

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

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

CR04-1361. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, First Division.

04-1354. Felix G. Ramirez v. LDS, LLC and Farmers Insurance Group, from Workers' Compensation Commission.

04-1357. Waste Management of Arkansas, Inc. v. Roll Off Service, Inc. et al, from Washington Circuit.

04-1359. Willie Collins v. Lennox Industries, Inc., from Workers' Compensation Commission.

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02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID No. 81133, from Committee on Professional Conduct. Appellant's motion to strike is granted.

04-1353. Daniel Morales v. Hector Martinez, from Workers' Compensation Commission. Motion to file belated petition for review is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-1374. Alvin Dwiggins et ux. v. Elk Horn Bank & Trust Company, from Clark Circuit. Motion for rule on clerk conditionally granted to allow court to determine whether appellants satisfied jurisdictional requirement of timely filing of notice of appeal following notice of bankruptcy.

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]

CR94-928 and CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Petitioner's motion to file exhibits under seal is granted.

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit. Appellant's motion for extension of time on stay of mandate is denied.

CR04-1199. Gary Lee Stewart v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated appeal is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1384. Arthur Bledsoe, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion to file belated appeal is granted.

CR04-1385. Robert Jennings v. Honorable David Laser, Judge, from Poinsett Circuit. Petition for writ of prohibition is denied without prejudice.

04-1235. Gerald Robinson v. Karen Ford-Robinson, from Pulaski Circuit, Seventeenth Division. Appellant's motion to file supplemental brief is granted.

05-34. In Re: Jeffrey Reay Huggins, Arkansas Bar ID No. 88115. Petition for voluntary surrender of license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR94-358. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to lift stay of execution. Motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-327. James E. Smith v. Honorable John B. Plegge, Judge, from Jefferson Circuit. Pro se amended petition for writ of mandamus. Petition moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1077. Robert Charles Oliver v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for duplication of brief at public expense. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1089. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Pro se motion to file amended brief. Appeal dismissed; motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1161. Carl S. Turner v. State of Arkansas, from White Circuit. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1223. Rodney Parnell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for belated appeal of judgment. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-640. John Briley v. Peacock Realty, Ltd., Jim Peacock, Gayle Peacock et al., from Pulaski Circuit, Thirteenth Division. Pro se motion for reconsideration of motion to proceed in forma pauperis on appeal. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR04-1370. Booker Simmons v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR04-1382. James Jesse Lilley v. State of Arkansas, from Crawford Circuit.

CR05-18. Natasha Nicole Stewart v. State of Arkansas, from Pulaski Circuit, Seventh Division.

04-1381. First National Bank of Lewisville v. Eddie Mayberry et al., from Columbia Circuit.

04-1383. Northwest Arkansas Recovery, Inc. v. Boyce R. Davis et al., from Washington Circuit.

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CR03-1451. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Motion to file belated remand.

CR05-36. Terik Joseph Robinson a/k/a Terick Joseph Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Greg Knutson to be appointed as counsel.

03-1137. James F. (J.F.) Valley v. Phillips County Election Commission et al., from Phillips Circuit. Appellant's motion to file belated brief.

04-818. John Rose et al. v. Arkansas State Plant Board et al., from Pulaski Circuit, Third Division. Appellants' motion requesting the Court to take judicial notice.

04-1018. Nameloc, Inc. et al. v. Jack, Lyon & Jones, P.A. et al., from Pulaski Circuit, Third Division. Appellants' motion to supplement the record and for extension of brief time.

05-4. Zimmery Crutcher, Jr. v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion to dismiss appeal.

05-12. J.D. & Billy Hines Trucking, Inc. et al. v. Danny Hebert, from Workers' Compensation Commission. Appellee's motion for additional time to respond to petition for review.

05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

05-32. Independence County, Arkansas and The Citizens Bank of Batesville, Arkansas

v. Honorable Paul E. Danielson, Judge, from Conway Circuit. Petitions for writ of prohibition and for temporary relief.

05-40. Eugene Smith v. Arkansas Department of Correction, from Van Buren Circuit. Appellant's motion to dismiss appeal.

05-41. Thomas C. Kelly, M.D. v. Honorable Paul E. Danielson, Judge, from Logan Circuit, Northern District. Petition for writ of prohibition and request for temporary relief.

SUBMISSIONS

04-461. Co Q. Mac et al. v. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, from Independence Circuit. Argued orally.

04-598. Baker Refrigeration Systems, Inc. et al. v. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, from Pope Circuit. Argued orally.

CR04-382. Timothy Edwards v. State of Arkansas, from Pulaski Circuit, Fourth Division.

04-215. FMC Corporation Inc. et al. v. Roy Helton et al., from Phillips Circuit.

04-338. Gary Kyzar v. City of West Memphis, Arkansas et al., from Crittenden Circuit.

04-882. Roger Schubert v. Target Stores, Inc., from Pulaski Circuit, Seventh Division.