ARKANSAS SUPREME COURT

Opinions delivered
March 24, 2005


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JIM HANNAH, CHIEF JUSTICE:

04-532. Shelby A. Ward, III v. Teresa Gail Ward Doss, from Union Circuit. Affirmed in Part; Reversed and Remanded in Part. (9 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-426. Janice Jones v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Affirmed. (30 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

04-321. Linda S. Koch, as Administratrix of the Estate of Geraldine Elizabeth Doss, Deceased, and On Behalf of the Wrongful Death Beneficiaries of Geraldine Elizabeth Doss v. Northport Health Services of Arkansas, LLC d/b/a Covington Court Health & Rehabilitation Center; and Northport Health Services, Inc., from Sebastian Circuit, Fort Smith District. Affirmed in Part, Reversed and Remanded in Part. (21 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

04-595. Maggie Young v. The Gastro-Intestinal Center, Inc., and Diane Brown, R.N., from Pulaski Circuit, Second Division. Affirmed. Court of Appeals Reversed. Hannah, C.J., Brown and Gunter, JJ., concur. Imber, J., dissents. (12 PAGES + 4-PAGE CONCURRENCE + 3-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-1280. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed in Part and Remanded in Part. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

05-138. Sandra R. Frigon v. Gary F. Frigon, from Benton Circuit. Dickey, J., not participating.

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CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Motion to dissolve stay of execution. Motion held in abeyance. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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 is denied.

05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion to accept record and set briefing schedule. Motion granted; issue of attorney error remanded. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR01-364. Kenneth D. Williams v. State of Arkansas, from Lincoln Circuit. Motion

to release and return evidence. Granted upon substitution of copies.

CR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Appellant's motion to submit with similar case is granted.

CR04-1003. David Cordell and Randall Cordell v. State of Arkansas, from Saline Circuit. Appellants' motion for expedited consideration is denied.

04-1080. Southern Farm Bureau Casualty Insurance Company v. Billy Ray Tallant, from Little River Circuit. Appellant's motion to advance is denied. Dickey, J., not participating.

05-253. In Re: Laurie A. Carroll, Arkansas Bar No. 93161, from Committee on Professional Conduct. Petition for voluntary surrender of law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-568. Floyd Villines, III, Pulaski County Judge v. Nora Harris, from Pulaski Circuit, Third Division. Appellant's motion to reschedule oral argument is denied. Special Justices M. Edward Morgan and Hani W. Hashem would grant. Special Justice Eldon F. Coffman would deny. Corbin, Brown and Imber, JJ., not participating.

CR03-695. Michael Glenn Pickens v. State of Arkansas, from Hot Springs Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-35. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Pro se motions for extension of time to file appellant's brief. Motions treated as one motion and granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-151. Michael Jay Venis v. State of Arkansas, from Benton Circuit. Pro se motion to consolidate direct and postconviction appeal records. Motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-199. Eric McGuire v. Honorable Don Glover, Circuit Judge, from Desha Circuit, Arkansas City District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

05-128. Clair's One Stop, Inc., Robert Tidwell et al. v. Allied Associates, Inc., from Pulaski Circuit, Seventh Division. Pro se motion to proceed in forma pauperis. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR05-201. Jason Walsh v. State of Arkansas, from Washington Circuit.

CR05-218. Anthony C. Malone v. State of Arkansas, from White Circuit.

CR05-242. Jose Ayala v. State of Arkansas, from Crawford Circuit.

CR05-258. Melvin Wayne Autrey v. State of Arkansas, from Crawford Circuit.

CR05-282. Nickolaus Hampton v. State of Arkansas, from Pulaski Circuit, Second Division.

05-187. Juan Garcia v. A&M Roofing, from Workers' Compensation Commission.

05-190. Wava Cox v. Kay Miller, from Jefferson Circuit.

05-219. Cinnamon Valley Resort, Inc. et al. v. EMAC Enterprises, Inc., from Carroll Circuit, Western District.

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CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. William M. Howard, Jr. is ordered to appear and show cause today at 9:00 a.m.

CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to recall mandate.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Appellant's motion to supplement the record.

CR04-823. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file supplemental abstract.

CR04-1123. Jesus Garcia v. State of Arkansas, from Garland Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(h) and to stay brief time.

CR05-211. Kendra Deshazer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Dana A. Reece to be relieved as attorney of record.

CR05-228. Frank E. Morgan v. State of Arkansas, from Bradley Circuit. Motion for rule on clerk.

CR05-230. Hezekiah Pierce v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for rule on clerk.

CR05-237. Theodore R. Steele v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of R. Paul Hughes, III, to withdraw as counsel and for extension of brief time.

CR05-261. Manuel Bail Bond Co., Inc. et al. v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk.

CR05-269. James Richard Dortch v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk.

CR05-277. Johnifer Roston v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk.

03-1381. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Robert P. Newman, from Committee on Professional Conduct. Motion for clarification of abstracting and briefing responsibilities.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Motion for extension of time to file reply brief andresponse to appellee's cross-appeal.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Appellant's motion to file addendum to reply brief.

04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Appellee's amended motion to dismiss and supplement the record on appeal.

04-1236. Alvin D. Clay v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellant's motion to dismiss appeal.

04-1325. Lee Huff v. Lucious Arter and Willie Jackson, from Lee Circuit. Petition for reconsideration.

05-86. Office of Child Support Enforcement v. Michael D. Pyron, from Washington Circuit. Appellee's motion to file supplemental brief.

05-229. Tonya Tullos Swift et al. v. Rick Collie, from Pulaski Circuit, Ninth Division. Motion for rule on clerk.

05-293. Russell Lee v. Alcoa Extrusion, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file belated petition for review.

SUBMISSIONS

04-995. State of Arkansas v. Clay Oldner, from Desha Circuit, Arkansas City District. Argued orally.

CR04-555. Joel Holloway v. State of Arkansas, from Craighead Circuit, Western District.

04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division.

04-901. Dr. Per Otte v. Arkansas Board of Oriental Medicine and Related Techniques, from Garland Circuit.

04-1085. Fred's, Inc. et al. v. Deborah Jefferson, from Workers' Compensation Commission.

04-1113. Michael L. Jordan et ux. v. Diamond Equipment & Supply Co., from Benton Circuit.