ARKANSAS SUPREME COURT

Opinions delivered
February 10, 2005


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JIM HANNAH, CHIEF JUSTICE:

04-230. Stacey L. Poindexter v. Ryan M. Poindexter, from Garland Circuit. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

04-448. First National Bank of DeWitt v. Claude Cruthis, Catherine Cruthis, Bill Cruthis, Terry Cruthis, Cruthis Brothers, Riceland Seed Company and Stratton Seed, from Arkansas Circuit, Northern District. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

04-862. Southern College of Naturopathy d/b/a Southern College of Naturopathic Medicine, and Gary Axley, D.O.M. v. State of Arkansas ex rel Mike Beebe, Attorney General, from Pulaski Circuit, Seventh Division. Affirmed. (20 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-704. Old Republic Surety Company v. Sharon McGhee, Individually and On Behalf of a Class of Similarly Situated Persons, from Pope Circuit. Reversed and Remanded. (14 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-279. Alltel Corporation and Alltel Communications, Inc. v. Paul Sumner and Charles Miller, Individually and On Behalf of All Persons Similarly Situated, from Lonoke Circuit. Affirmed. Special Justices Eldon F. Coffman, Jim H. Boyd, and Robin Green join. Brown, Dickey and Gunter, JJ., not participating. Corbin, J., not participating in final decision. (8 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

03-1205. Patrick Robertson v. Larry Norris, Director, Arkansas Department of Correction; and C. Sumner, Arkansas Department of Correction Records Coordinator Centralized Records, from Jefferson Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

04-1148. K.N. v. State of Arkansas, from Washington Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-750. Roderick White v. State of Arkansas, from Howard Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

See State of Arkansas v. Zawodniak, 329 Ark. 179, 946 S.W.2d 936 (1997).

CR04-573. Marrio Terrell Dednam v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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

 CR05-68. Sherman Winters, Jr. and Deanna Winters v. State of Arkansas, from Poinsett Circuit.

05-12. J.D. & Billy Hines Trucking, Inc. et al. v. Danny Hebert, from Workers' Compensation Commission.

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CACR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion to certify to the Supreme Court. Moot.

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

CR04-1227. Brunson Roberts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is granted.

CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Motion for reconsideration is denied. Corbin, J., not participating.

CR05-64. Raye Lynn Harrison v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR05-93. Cindy Chacon v. Honorable Michael J. Medlock, Judge, from Crawford Circuit. Petition for writ of prohibition is denied without prejudice.

04-734. Ouachita Railroad, Inc. v. Circuit Court of Union County, Second Division, from Union Circuit. Motion to reschedule oral argument is granted. (See proceedings of February 7, 2005).

04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley Management, Inc. et al., from Pulaski Circuit, Second Division. Motion of appellee, Flake & Kelley Management, Inc., to dismiss appeal. Dismissed without prejudice. Brown and Dickey, JJ., not participating.

04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley Management, Inc. et al., from Pulaski Circuit, Second Division. Motion of appellees, Mercantile Bank, N.A., Firstar Bank, N.A., and U.S. Bank, National Association, to dismiss appeal and to stay briefing schedule. Dismissed without prejudice. Brown and Dickey, JJ., not participating.

04-961. Monica Lacy and Jackie Lacy v. Flake & Kelley Management, Inc. et al., from Pulaski Circuit, Second Division. Appellants' motion to stay appellate proceedings. Moot. Brown and Dickey, JJ., not participating.

04-1184. Arkansas Department of Human Services v. Charlie Von Garrett et ux., from Independence Circuit. Appellant's motion to dismiss appeal is granted.

05-13. Oscar Stilley v. University of Arkansas Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellee, University of Arkansas Fort Smith's motion to dismiss appeal. Dismissed without prejudice. Glaze, J., would refer the matter to the Professional Conduct Committee concerning the unsubstantiated allegations by counsel concerning the trial court's competency. See trial court's order entered September 22, 2004, in John Parker v. Jim Perry et al., Circuit Court of Sebastian County, Fort Smith District, case No. CV-2002-276 VI.

05-97. Patricia Stone, Administratrix v. Honorable James M. Moody, Judge, from Pulaski Circuit, Third Division. Motion to expedite and petition for writ of mandamus. Moot.

05-97. Patricia Stone, Administratrix v. Honorable James M. Moody, Judge, from Pulaski Circuit, Third Division. Petition for voluntary withdrawal of writ of mandamus is granted.

05-120. In Re: Janna Faye Withers, Arkansas Bar ID No. 96025, an Original Action. Petition for voluntary surrender of law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

05-121. In Re: Erich Henry Gaston, Arkansas Bar ID No. 98197, an Original Action. Petition for voluntary surrender of law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

05-129. In Re: Larry Ray Young, Arkansas Bar ID No. 96188, an Original Action. Petition for voluntary surrender of law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR95-148. Joseph O'Neal v. State of Arkansas, from Chicot Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied without prejudice. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-395. Rodell Avery, Jr. v. State of Arkansas, from Calhoun Circuit. In Re: Appeal of order. Appeal dismissed. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1375. Willie L. Tillman v. State of Arkansas, from Lonoke Circuit. Pro se motion for appointment of counsel. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-661. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct v. Larry G. Dunklin, an Original Action. Pro se motion for photocopy at public expense of complaint for disbarment and final order pursuant to Freedom of Information Act. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1103. Barry Stinnett v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for extension of time to file reply brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure; Administrative Order Number 2; Rules of Appellate Procedure--Civil; and Rules of the Supreme Court and Court of Appeals. See per curiam this date. (8 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CR03-818. Jerome Malitan DeAsis v. State of Arkansas, from Benton Circuit.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit.

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PETITIONS FOR REVIEW:

 05-86. Office of Child Support Enforcement v. Michael D. Pyron, from Washington Circuit.

05-87. Herbert S. Bingham et ux. v. City of Jonesboro, from Craighead Circuit, Western District.

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CR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the record by judicial notice on appeal.

CR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement abstract by including videotape of stop on CD-Rom.

CR04-476. State of Arkansas v. Edward Lewis Fontaine and Dane Reed, from Jefferson Circuit. Appellant's motion to dismiss appeal.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit. Pro se motion to file supplemental brief.

CR04-1137. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to file supplemental brief.

04-1325. Lee Huff v. Lucious Arter, from Lee Circuit. Appellee's motion to dismiss appeal.

04-1377. Edmundo Gordon Rogers v. Cynthia Ann Rogers, from Benton Circuit. Appellant's motion for reconsideration.

04-1395. Stark Ligon, as Executive Director, Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Petition for disbarment.

05-114. Ray Sebastian v. State of Arkansas, from Pulaski Circuit, Eighth Division. Motion for rule on clerk.

SUBMISSIONS

04-595. Maggie Young v. The Gastro-Intestinal Center, Inc. et al., from Pulaski Circuit, Second Division. Argued orally.

CR04-83. State of Arkansas v. James C. Fudge, from Pulaski Circuit, First Division.

CR04-1118. Fred Phillips v. State of Arkansas, from Pulaski Circuit, First Division.

04-486. Linda Batiste et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Fifth Division.