Opinions delivered
April 14, 2005
JIM HANNAH, CHIEF JUSTICE:
CR03-1100. Clifton Mason v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed in Part; Reversed and Remanded in Part. (22 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR04-1007. George Larue Hall v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
04-791. Lance R. Craven v. Fulton Sanitation Service, Inc., d/b/a Sun Ray Services, Inc., d/b/a USA Waste of Arkansas, Inc., and Kendale Lloyd Toney, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. Imber, J., concurs. (11 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR04-1023. Raymond King v. State of Arkansas, from Crittenden Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
JIM GUNTER, JUSTICE:
CR04-83. State of Arkansas v. James C. Fudge, from Pulaski Circuit, First Division. Affirmed on Appeal; Affirmed on Cross-Appeal. Glaze, Dickey, and Gunter, JJ., would reverse on direct appeal. Hannah, C.J., Corbin, and Imber, JJ., would affirm on direct appeal. Glaze, Brown, Imber, Dickey, and Gunter, JJ., affirm on cross-appeal. Hannah, C.J., and Corbin, J., would reverse in part on cross-appeal. Brown, J., would remand on direct appeal and affirm on cross-appeal. (21 PAGES + 4-PAGE SEPARATE OPINION + 4-PAGE SEPARATE OPINION AND DISSENT IN PART + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]
04-526. Cliff Biedenharn v. Edward F. Thicksten, from Crawford Circuit. Reversed and Remanded. Special Chief Justice Ray Spruell and Special Associate Justices Charles A. Banks, Jonann E. Chiles, Carol J. Dalby, Patricia J. Hays, and Sam Hilburn, join. Hannah, C.J., Glaze, Corbin, Brown, Imber, and Dickey, JJ., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR03-953. William E. Davis v. State of Arkansas, from Columbia Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-1235. Kwan Deshaun Engram v. State of Arkansas, from Garland Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-1281. Brian Curtis McGhee v. State of Arkansas, from Grant Circuit. Appeal Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-1316. Charles Wilson, a/k/a Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Affirmed. (17 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-1443. Victoria Tilmon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
03-277. Billy Mack Nichols, Jr. v. Larry Norris, Director, Arkansas Department of Correction et al., from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
05-254. Ricky Wallace v. West Fraser South, Inc. et al., from Workers' Compensation Commission.
05-285. Nina Lea Alphin (Surber) v. David Paul Alphin, from Union Circuit.
05-307. Timothy Tucker Coleman et al. v. Regions Bank et al., from Pulaski Circuit, Fifth Division. Glaze and Brown, JJ., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR05-286. Kimberly Sharp v. State of Arkansas, from Pulaski Circuit, Second Division. Glaze, J., would grant.
CR05-299. Lance Whitley Brock v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CR05-309. David Franklin Harness, James Lynn Carson and Danny Amon Lewis v. State of Arkansas, from Stone Circuit.
05-272. Gregory F. Small et ux. v. Craig Kulesa, from Garland Circuit.
05-308. James Huey v. Sandra (Huey) Sheiron, from Drew Circuit.
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CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. Motion to direct compliance with Arkansas Supreme Court Rule 4-3(h). Motion denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR04-1137. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is denied.
CR04-1137. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to stay and for additional brief time. Granted 10 days.
CR05-302. Erich L. Diemer v. State of Arkansas, from Lincoln Circuit. Motion to substitute counsel is granted.
04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, Inc., from Pulaski Circuit, Second Division. Motion to strike arguments in appellant's reply brief. Passed until case submitted.
04-1183. Mary Nelson Bogachoff v. Arkansas Department of Human Services, from Baxter Circuit. Appellant's motion for extension of time for preparation of record. Granted 60 days.
05-329. Carl A. Jenkins et ux. v. Pine Bluff Arsenal Credit Union et al., from Jefferson Circuit. Appellees' motion to dismiss appeal is granted.
CR04-1023. Raymond King v. State of Arkansas, from Crittenden Circuit. Pro se motion to amend information in support of appeal brief is denied.
CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Pro se motion for extension of time to file points for reversal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CR05-357. Brandon Thomas v. State of Arkansas, from Jefferson Circuit.
05-288. Southway Corporation et al. v. Metropolitan Realty & Development Co., LLC, from Pulaski Circuit, Seventh Division.
05-338. Bervie Lawrence v. Delma Sullivan, from Lee Circuit.
05-341. Queen Levingston v. Felicia Kaye Stovall, from Union Circuit.
05-342. Queen Levingston et al. v. Felicia Kaye Stovall et al., from Union Circuit.
05-359. Carl Cisco et al. v. Jerry King et al., from St. Francis Circuit.
05-362. Gloria A. Willis v. Director, Arkansas Employment Security Department et al., from Board of Review.
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CR05-356. Arkansas Game & Fish Commission v. Honorable Harvey Lee Yates, Judge, from Lee Circuit. Petition for writ of certiorari.
04-1249. Charlie Johnson et ux. v. ConAgra Foods Refrigerated Foods Co. et al., from Carroll Circuit, Eastern District. Appellees' motion to dismiss appeal.
04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit. Appellant's motion for consolidation of cases.
04-1324. Richard A. Weiss, Director, Arkansas Department of Finance and Administration v. Ronald J. Geisbauer, from Sebastian Circuit, Fort Smith District. Appellee's motion to file belated brief.
05-105. Maxine Ball v. Phillips County Election Commission, from Phillips Circuit. Appellant's motion to file non-conforming abstract.
05-200. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion to file time line of events.
05-288. Southway Corporation et al. v. Metropolitan Realty & Development Co., LLC, from Pulaski Circuit, Seventh Division. Appellee's motion to expedite.
05-288. Southway Corporation et al. v. Metropolitan Realty & Development Co., LLC, from Pulaski Circuit, Seventh Division. Appellee's motion to amend order granting stay of enforcement pending appeal or in the alternative order to supplement or replace bond to preserve judgment.
SUBMISSIONS
04-56. Emma Staton v. American Manufacturers Mutual Insurance Company, from Pulaski Circuit, Sixteenth Division. Argued orally.
CR04-868. State of Arkansas v. James William "Butch" Boyette, from Pulaski Circuit, Fourth Division.
CR04-927. Quincy Moore v. State of Arkansas, from Pulaski Circuit, Fourth Division.
04-762. Howard Larry v. Grady School District, from Lincoln Circuit.
04-769. Graham Construction Company, Inc. v. Roscoe T. Earl, from Carroll Circuit, Western District.
04-1080. Southern Farm Bureau Casualty Insurance Company et al. v. Billy Ray Tallant, from Little River Circuit.