Opinions delivered
January 27, 2005
TOM GLAZE, JUSTICE:
04-461. Co Q. Mac and Hoa T. Mac v. Richard A. Weiss, in His Official Capacity as Director of the Arkansas Department of Finance and Administration, from Independence Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
04-598. Baker Refrigeration Systems, Inc. and Wayne Baker v. Richard A. Weiss, in His Official Capacity as Director of the Arkansas Department of Finance and Administration, from Pope Circuit, First Division. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
04-882. Roger Schubert v. Target Stores, Inc., from Pulaski Circuit, Seventh Division. Reversed and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR04-382. Timothy Edwards v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
BETTY C. DICKEY, JUSTICE:
CR04-48. Robbin E. Ridling v. State of Arkansas, from Miller Circuit. Affirmed. Corbin, J., not participating. (21 PAGES PUBLISHED) [HTML, WP5.1]
JIM GUNTER, JUSTICE:
04-138. Carl J. Freeman v. Bruce Rushton and Beth Rushton, from Columbia Circuit, First Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
04-338. Garry Kyzar v. City of West Memphis, Billy Johnson, Mayor; The West Memphis Advertising and Promotion Commission, Frank Waggener, Chairman; Frank Martin, James Hold, Clarence Davis, Gheric Bruce, James Pulliaum, Ramona Taylor, Harold Thomas, Lorraine Robinson, Marco McClendon, Rev. Hermann Coleman, and Al Felton in Their Official Capacity as Members of the West Memphis City Council, and Phillip Para, from Crittenden Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
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.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR04-1360. Billy Dodson v. State of Arkansas, from Lonoke Circuit.
CR04-1370. Booker Simmons v. State of Arkansas, from Pulaski Circuit, Seventh Division.
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 is granted.
CR05-36. Terik Joseph Robinson a/k/a Terick Joseph Robinson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Gregg Knutson to be appointed as counsel is granted.
03-1137. James F. (J.F.) Valley v. Phillips County Election Commission et al., from Phillips Circuit. Appellant's motion to file belated brief is denied.
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 is denied. Brown, J., not participating.
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 is granted. Imber, J., not participating.
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 is granted.
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 is granted.
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 are denied without prejudice. Gunter, J., not participating.
05-40. Eugene Smith v. Arkansas Department of Correction, from Van Buren Circuit. Appellant's motion to dismiss appeal is granted.
05-54. In Re: Lynne M. Binkele, Arkansas Bar No. 96247, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' second motion to supplement the record is denied.
04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' motion to use PowerPoint presentation during oral argument is granted.
CR03-1051. Odell Hampton v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for extension of time to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1087. Lepolian Ford (aka Leopolian Ford) v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1233. Michael Britt Hodges v. Larry Norris, Director, Arkansas Department of Correction, from Jackson Circuit. Pro se motion for rule on clerk. Motion treated as motion for belated appeal and denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1240. Steven R. Pinell v. State of Arkansas, from Drew Circuit. Pro se motion for belated appeal. Motion treated as motion for rule on clerk and granted; petition to proceed in forma pauperis granted. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1242. Terry Bussey v. State of Arkansas, from Jackson Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
04-716. John Briley v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for reconsideration. Motion denied. 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 David Clinger, Circuit Judge, 19th Circuit-West of
Bentonville, is hereby appointed to our Committee on Criminal Practice
to fill the unexpired term created when Justice Jim Gunter was elected to
the Supreme Court. This term expires January 31, 2006. The Court thanks
Judge Clinger for accepting appointment to this important Committee.
In Re: Arkansas Lawyers Assistance Program. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
By way of per curiam dated March 22, 2001, we appointed the
initial members of the Arkansas Lawyers Assistance Program (ALAP)
Committee. That per curiam directed the appointees to draw for terms.
Those who drew for less than six year terms would be eligible for
reappointment. Three of the initial committee members drew for four
year terms which will conclude on February 28, 2005. Those committee
members are: Gary Burbank of El Dorado; Honorable David Laser,
Circuit Judge of Jonesboro; and Janet Robb of Little Rock.We reappoint each of these committee members to a full six year
term which will conclude on February 28, 2011. The Court thanks
these committee members for their service on the committee. The
Court particularly appreciates their willingness to accept reappointment
to this important committee.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
04-1085. Fred's, Inc. et al. v. Deborah Jefferson, from Workers' Compensation Commission.
04-1121. May Morgan v. Farm Bureau Mutual Insurance Company of Arkansas, from Faulkner Circuit.
04-1353. Daniel Morales v. Hector Martinez et al., from Workers' Compensation Commission.
05-14. Wendell Campbell v. Entergy Arkansas, Inc., from Arkansas Circuit, Northern District.
05-16. Waste Management and Transportation Insurance Company v. Jack Estridge, from Workers' Compensation Commission.
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CR04-1041. Keela McGahey v. State of Arkansas, from Desha Circuit, Arkansas City District. Jimmy E. Doyle is ordered to appear and show cause today at 9:00 a.m.
CR04-902. State of Arkansas v. Roger Brooks, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.
CR04-1315. Michael L. Venn v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record.
CR04-1320. Arthur E. Dickerson a/k/a Bolden v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to change lead counsel.
02-712. Michael Anthony Price v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion to dismiss appeal.
05-79. Lori A. Mosby v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Petition for writ of mandamus.
CA03-300. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Motion for attorney's fees.
SUBMISSIONS
CR04-902. State of Arkansas v. Roger Brooks, from Pulaski Circuit, Fifth Division.
03-1205. Patrick Robertson v. Larry Norris, Director, Arkansas Department of Correction et al., from Jefferson Circuit.
04-448. First National Bank of DeWitt v. Riceland Seed Company d/b/a Stratton Seed Company, from Arkansas Circuit, Northern District.
04-704. Old Republic Surety Company v. Sharon McGhee, from Pope Circuit.
04-741. Dickie B. Dickson v. Martha Sue Dickson Fletcher, from Pulaski Circuit, Sixteenth Division.
04-1091. Shane Calaway v. Barbara Dickson, from Union Circuit.