ARKANSAS SUPREME COURT

Opinions delivered
March 3, 2005


Download ZIP file containing today's published WP5.1 files.
Download ZIP file containing today's unpublished WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

TOM GLAZE, JUSTICE:

04-933. S.S., A Juvenile v. State of Arkansas, from Benton Circuit. Reversed and Remanded. (4 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-486. Linda Batiste v. Arkansas Department of Human Services, from Pulaski Circuit, Fifth Division. Reversed and Remanded. Brown and Imber, JJ., concur in part and dissent in part. (17 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

04-688. Floyd Carroll Evans v. Catherine Tillery, from Carroll Circuit, Western District. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-934. Betty Hoffman, Jimmy Brown, Molly Brown, John L. Bowen, Christopher Brown, Elizabeth S. Goodwin, Lynn Taylor v. Mary Ann Gregory, The Revocable Trust of William J. Brown and Ann O. Brown, The Estate of Ann O. Brown, Deceased, Community First Trust Company, from Garland Circuit. Affirmed. Cross Appeal Dismissed. (9 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

04-1058. Helena-West Helena School District v. Rose Monday, from Phillips Circuit. Affirmed. Glaze, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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

*****************************

CR04-1368. Warren Camp v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari. Petition denied. See per curiam this date. Imber, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]

04-568. Floyd G. Villines, III, County Judge et al. v. Nora Harris, from Pulaski Circuit, Third Division. Rebriefing Ordered. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-1055. Thomas Arthur Johnson, a Minor v. Virginia Hargrove et al., from Washington Circuit. Motion for corrected brief is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1206. Danyel Casey v. State of Arkansas, from Lonoke Circuit. Upon remand of findings of fact on attorney error. Attorney error excused. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

CR05-158. Steven J. Johnson v. Honorable Larry Chandler, Judge, from Columbia Circuit. Petition for writ of prohibition is denied without prejudice. Glaze, J., would deny with prejudice.

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 is denied.

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 is denied.

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 is granted.

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

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

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

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

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 is denied without prejudice.

CR04-548. Keon Roshun Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to file belated brief and for duplication of brief at public expense. Motion to file belated brief granted; motion for duplication of brief at public expense denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1182. Steve Bader v. State of Arkansas, from Benton Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-1176. Ricardo James v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se petition for writ of certiorari. Appeal dismissed; petition moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

05-29. Robert Dennis v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson 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]

05-101. Jimmie Dyas, a/k/a Jimmy Lee Dyas v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Pro se petition for writ of certiorari. Appeal dismissed; petition moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

03-1049. In Re: Arkansas Bar Association Petition to Revise the Arkansas Rules of Professional Conduct. See per curiam this date. (138 PAGES PUBLISHED) [HTML, WP5.1]

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

Paula J. Casey, Professor of Law at the University
of Arkansas Law School at Little Rock, is designated as the
Reporter for the Committee on Model Jury InstructionsCriminal.
We thank Professor Casey for her willingness to
accept this position.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

04-448. First National Bank of DeWitt v. Claude Cruthis et al., from Arkansas Circuit, Northern District.

*****************************

PETITIONS FOR REVIEW:

CR05-115. Eric Wayne Ferguson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

05-113. Andrea Shipman Kiddy v. Jason Shipman, from Union Circuit.

05-173. Howard Harper v. Arkansas Rehabilitation Services et al., from Workers' Compensation Commission.

05-188. Dan Allen v. International Paper Company et al., from Workers' Compensation Commission.

*****************************

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Pro se motions to dissolve stay of execution.

CR04-1240. Steven Pinell v. State of Arkansas, from Drew Circuit. Petition for writ of certiorari to complete the record.

CR05-1. Billy Whitehead v. State of Arkansas, from Lonoke Circuit. Appellee's motion to dismiss appeal.

CR05-195. Bryant Woods v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Thomas B. Devine III to be relieved as counsel and to stay brief time.

04-1053. Jimmie L. Wilson v. Eugene G. Sayre, from Pulaski Circuit, Thirteenth Division. Appellant's motion and amended motion to file belated brief or in the alternative, motion for extension of brief time.

04-1324. Richard Weiss, Director, Arkansas Department of Finance and Administration v. Ronald J. Geisbauer, from Sebastian Circuit, Fort Smith District. Appellee's motion for additional brief time.

05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellant's motion to accept record and set briefing schedule.

CA05-112. Liberty Life Insurance Company v. Deborah McQueen, from Marion Circuit. Appellant's motion to certify to the Supreme Court.

CA05-112. Liberty Life Insurance Company v. Deborah McQueen, from Marion Circuit. Appellee's motion to dismiss appeal.

05-187. Juan Garcia v. A & M Roofing, Inc., from Workers' Compensation Commission. Appellant's motion for extension of time to file response to petition for review.

SUBMISSIONS

CR04-1069. Windell McClain v. State of Arkansas, from Desha Circuit, Arkansas City District.

04-321. Linda S. Koch v. Northport Health Services of Arkansas, LLC, from Sebastian Circuit, Fort Smith District.

04-468. Unum Life Insurance Company of America v. Frances Edwards, from Pulaski Circuit, Third Division.

04-477. Terri Phelan v. Discover Bank, from Washington Circuit.

04-565. National Cash, Inc. et al. v. Regayla Loveless, from Benton Circuit.