ARKANSAS SUPREME COURT

Opinions delivered
February 24, 2005


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ROBERT L. BROWN, JUSTICE:

04-77. Jessie Johnson v. Alvin Simes, from Phillips Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-827. Carquest of Hot Springs, Inc. and Sam R. Clark, Jr. v. General Parts, Inc., from Garland Circuit. Appeal Dismissed. Dickey, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

04-1052. Robert O'Marra v. Michael MacKool, Leslie MacKool, L.J. MacKool, Pat D. MacKool, and Bank of America, from Pulaski Circuit, Second Division. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-899. Michael E. Green v. State of Arkansas, from Saline Circuit. Reversed and Remanded. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR94-928 and CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. See supplemental opinion issued this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-48. Robbin E. Ridling v. State of Arkansas, from Miller Circuit.  Corbin, J., not participating.

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REVIEW DENIED: Petition for review was denied today in the following case.

05-98. Bruce Long et al. v. Jack Bonds et al., from Searcy Circuit.

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CR04-1127. Teresa Edwards v. State of Arkansas, from Pulaski Circuit, Seventh Division. Show cause issued. See per curiam this date. Dickey, J., not participating. (2 PAGES PUBLISHED)

04-1395. Stark Ligon, as Executive Director, Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Special master appointed. See per curiam this date. (2 PAGES PUBLISHED)

CR04-1240. Steven R. Pinell v. State of Arkansas, from Drew Circuit. Appellant's motion for extension of time to file petition for writ of certiorari. Granted 60 days.

CR05-18. Natasha Nicole Stewart v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to file a supplemental brief is granted.

04-720. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion to supplement the record and set briefing schedule. Motion to supplement record is denied; tendered record filed this date as 05-200. Tommy Barnett et al. v. Leonard Howard et al. Appellants' briefs in 04-720 and 05-200 due by April 4, 2005. Dickey, J., not participating.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Appellee's motion to correct addendum is granted.

04-1162. Terry Jones v. Barbara Billingsly, from Independence Circuit. Appellee's motion for extension of brief time. Granted 60 days.

04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

05-146. The Daily World v. Honorable L.T. Simes, Judge, from Phillips Circuit. Petition for writ of certiorari. Petition to be submitted as a case.

CR98-456. Robert Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. Dickey, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-822. George Aydelotte v. State of Arkansas, from Conway Circuit. Pro se motion for extension of time to file substituted appellant's brief. Motion granted in part and denied in part. 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 motion for reconsideration. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1229. Jermaine Porter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1318. James S. McClellan v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motions for show cause order, for extension of time to file brief, to stay briefing schedule, to supplement record, for access to record, and to withdraw motion for show cause order. Motion for extension of time granted in part and denied in part; motion to supplement record, for access to record, and to withdraw motion for show cause order granted; motion to stay briefing schedule moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Adoption of Rules of Criminal Procedure, Rule 1.8. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Rules of Criminal Procedure, Rule 16.2 and Rule 22.3. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury InstructionsCriminal. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

Honorable Kirk Johnson of Texarkana, Circuit Judge of the
Eighth Judicial Circuit - South, Honorable James Marschewski of
Fort Smith, Circuit Judge of the Twelfth Judicial Circuit, Honorable
Phillip Smith of Pocahontas, Circuit Judge of the Third Judicial Circuit,
Honorable Brent Davis of Jonesboro, Prosecuting Attorney of the
Second Judicial Circuit, and Honorable John Threet of Fayetteville,
Deputy Prosecuting Attorney of the Fourth Judicial Circuit, are hereby
appointed to our Committee on Model Jury InstructionsCriminal for
three-year terms to expire on February 28, 2008. We thank Judge Johnson,
Judge Marschewski, Judge Smith, Mr. Davis, and Mr. Threet for
accepting appointment to this important Committee.

Honorable John Langston, Circuit Judge of the Sixth Judicial
Circuit, and Honorable Larry Jegley, Prosecuting Attorney of the Sixth
Judicial District, are reappointed to the Committee for three-year terms
to expire on February 28, 2008. We designate Judge Langston as the
chair of the Committee and thank him for his willingness to assume this
role. The Court thanks Mr. Jegley for his continued service.

Additionally, we believe that the input of the Arkansas Office of
Prosecutor Coordinator is valuable with respect to the issues considered by
the Committee. Accordingly, the Prosecutor Coordinator of the Office
of Prosecutor Coordinator, or his designee, is named as an ex-officio,
non-voting, advisor to the Committee. Robert McMahan, Esq., of Little
Rock, who has served as a member of the Committee for many years, is
the current Prosecutor Coordinator, and we welcome his continued service.

The Court expresses its gratitude to Judge John Cole, Scott Hickam,
and Charles Baker, whose terms have expired, for their years of service on
the Committee. We also take this opportunity to express our gratitude to
Professor Scott Stafford who is ending his service on the Committee. Over
the years, he has served in many roles, including chairman and reporter.
His tireless work will be greatly missed.

In Re: April 7, 2005, Session of the Arkansas Supreme Court. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

On April 7, 2005, the Supreme Court shall convene at
9:00 a.m. in the Grand Hall of the Fowler Center at Arkansas State
University - Jonesboro, 201 Olympic Drive, Jonesboro, Arkansas.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 04-138. Carl J. Freeman v. Bruce Rushton et ux., from Columbia Circuit.

04-545. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission.

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CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. Appellant's motion to file belated corrected brief.

CR04-1382. James Lilley v. State of Arkansas, from Crawford Circuit. Appellant's motion to file supplemental brief.

CR04-1382. James Lilley v. State of Arkansas, from Crawford Circuit. Appellee's motion to file supplemental brief.

CR05-158. Steven J. Johnson v. Honorable Larry Chandler, Judge, from Columbia Circuit. Petition for writ of prohibition.

04-461. Co Q. Mac et al. v. Richard A.Weiss, Director, Arkansas Department of Finance and Administration, from Independence Circuit. Appellants' motion to file petition for rehearing in a modified form.

04-598. Baker Refrigeration Systems, Inc. et al. v. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, from Pope Circuit. Appellants' motion to file petition for rehearing in a modified form.

04-1031. Karen Mauldin Whorton v. Jerry W. Dixon, M.D., from Saline Circuit. Motion of the Arkansas Trial Lawyers Association to file amicus curiae brief.

04-1381. First National Bank of Lewisville v. Eddie Mayberry et al., from Columbia Circuit. Appellant's motion to file supplemental brief.

05-14. Wendell Campbell v. Entergy Arkansas, Inc., from Arkansas Circuit, Northern District. Appellee's motion to file supplemental brief.

05-138. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Appellant's motion for time to respond to petition for review.

05-156. Tommy F. Robinson et al. v. Wildlife Farms II, LLC et al., from Monroe Circuit. Appellees' motion to dismiss appeal, or in the alternative, motion to dismiss portions of appeal.

SUBMISSIONS

03-1138. Charles Sluder et ux. v. Steak & Ale of Little Rock, Inc., from Miller Circuit. Argued orally.

CR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division.

04-688. Floyd Carroll Evans v. Catherine Tillery, from Carroll Circuit, Western District.

04-933. Sergio Raul Serrano v. State of Arkansas, from Benton Circuit.

04-934. Betty Hoffman et al. v. Mary Ann Gregory et al., from Garland Circuit.