ARKANSAS SUPREME COURT

Opinions delivered
May 12, 2005


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TOM GLAZE, JUSTICE:

CR03-775. Kevin McKenzie, a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Affirmed. (23 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR04-1006. Melvin Lawrence Rollins v. State of Arkansas, from Benton Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

04-1291. Victoria Crenshaw, Elmer Boatner, Willia Bean, Mary Agnew et al. v. Eudora School District, Dermott School District, Forrest City School District, an Original Action. Arkansas Supreme Court's Response to the Certified Question from the United States District Court, Eastern District of Arkansas. Hannah, C.J., concurs. Glaze, J., not participating. (14 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-1114. Tommy Joe Crawford v. State of Arkansas, from Benton Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

CR05-26. Donald Lee Flanery v. State of Arkansas, from Randolph Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

04-506. D.R. "Buddy" Wallis v. Ford Motor Company, from Hot Spring Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

04-1157. New Holland Credit Company, LLC v. Larry Hill, from Chicot Circuit. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

04-1209. Irene Giles, as Trustee of Henry Giles Revocable Trust, Deceased; Irene Giles, as Trustee of Irene Giles Revocable Trust; Darlene Rush and Raymond Rush, as Co-Trustees of Raymond Rush Revocable Trust; Darlene Rush and Raymond Rush, as Co-Trustees of Darlene Rush Revocable Trust v. Harrington, Miller, Neihouse & Krug, an Arkansas Professional Association; Estate of E. Wayne Krug; Stephen J. Miller; and Angela G. Berkowitz, from Washington Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

04-929. James Davis, Administrator of the Estate of Monroe Luther Davis, Deceased v. Dr. Gordon R. Parham; Parham, Sills & Hays Clinic; Sparks Medical Foundation; Sparks Health System; Dr. Neil E. Crow, Jr., and Sparks Regional Medical Center, from Sebastian Circuit, Fort Smith District. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-14. Michael D. Jackson and Scottie D. Henry v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-37. Johnny Calvin Hewitt v. State of Arkansas, from Craighead Circuit, Western District. Appeal Dismissed. (3 PAGES PUBLISHED) [HTML, WP5.1]

03-573. David Williams v. Kay Wade, Greg Harmon, Ray Hobbs, from Jefferson Circuit. Affirmed as Modified. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Brown and Imber, JJ., not participating.

04-741. Dickie Bud Dickson v. Martha Sue Dickson Fletcher, from Pulaski Circuit, Sixteenth Division. No reversible error of fact, and petition regarding law is reargument. Hannah, C.J., Corbin and Brown, JJ., would grant.

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CR05-211. Kendra Katrise Deshazer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to set a reasonable bail is denied.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of Forrest City School District et al. to correct brief is granted.

03-1010. Volunteer Transport, Inc. v. William House, from Miller Circuit. Motion for rule on clerk to file petition for writ of certiorari is denied.

04-1053. Jimmie L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to strike appellant's abstract, brief and addendum, or in the alternative, to order service and for an extension of brief time. Appellant to complete service of his abstract, brief, and addendum within 7 days on all of the appellees' respective attorneys and trial court. Each appellee and cross-appellant granted an extension of 30 days after service to file their briefs. Appellant's motion to strike and for sanctions is denied. Appellees' motion to strike appellant's abstract, brief, and addendum is denied. Brown and Imber, JJ., not participating.

04-1112. The City of Dover, Arkansas v. The City of Russellville, Arkansas, from Pope Circuit. Appellee's motion to substitute brief is granted.

04-1371. Douglas Stocks v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Second Division. Appellant's motion to substitute copy of transcript for original is granted.

05-74. Dorothy Jean Rice et al. v. Paul Tanner et al., from St. Francis Circuit. Appellees' motion to dismiss appeal, or in the alternative, petition for rehearing or petition for review is denied.

05-74. Dorothy Jean Rice et al. v. Paul Tanner et al., from St. Francis Circuit. Appellees' motion to take judicial notice. Noted.

05-193. Grover Smith et al. v. AJ&K Operating Company et al., from Union Circuit. Appellees' joint motion to supplement record. Motion granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

05-307. Timothy Tucker Coleman et al. v. Regions Bank et al., from Pulaski Circuit, Fifth Division. Appellants' motion to file a supplemental brief is granted. Glaze, J., not participating.

05-307. Timothy Tucker Coleman et al. v. Regions Bank et al., from Pulaski Circuit, Fifth Division. Appellee Regions Bank's motion to file additional pleadings. Passed until case submitted. Glaze, J., not participating.

05-425. Timothy N. Irizarry v. Jamie Taylor Irizarry, from Pulaski Circuit, Fifteenth Division. Motion for rule on clerk is denied.

05-429. Chester Butler v. Leon Harvest, from Drew Circuit. Motion for rule on clerk is granted.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Pulaski County SpecialSchool District's motion to recall mandate, reappoint masters, and for an order directing the state defendants to show cause why they should not be held in civil contempt for failure to comply with the court's previous orders. Clerk directed to file motion. See per curiam issued May 5, 2005. Special Justice Carol Dalby joins. Imber, J., not participating. (Proceedings of May 9, 2005)

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

CACR02-324. John Briley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for reconsideration of petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1100. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to deny appellee further extensions of brief time and motion to grant relief sought in exhibits. Motion to deny appellee further extensions of brief time moot; motion to grant relief sought in exhibits denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-141. Philip Eugene Parmley v. State of Arkansas, from Garland Circuit. Pro se motions for leave to file overlength brief, extension of brief time, and for duplication at public expense. Motion to file overlength brief granted; motions for duplication and for extension of time moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-243. Tommy Ray Mosley v. State of Arkansas, from Garland Circuit. Pro se motions for extension of time to file brief and for production of documents at public expense. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-325. Timothy Burchfield v. State of Arkansas, from Drew Circuit. Pro se motions for extension of time to file brief and for appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

05-29. Robert Dennis v. Larry Norris, from Jefferson Circuit. Pro se motion for rehearing on motion for belated appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR03-1100. Clifton Mason v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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

CR04-1007. George Hall v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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PETITION FOR REVIEW:

CR05-96. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit.

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CR03-1051. Odell Hampton v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal.

CR04-1258. Leslie MacKool v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for enlargement of time to file appellant's reply brief in order to settle the record.

CR05-472. Wallace A. Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion to be relieved as attorney for appellant and to stay brief time.

04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit. Appellees' motion to supplement record on appeal, or petition for certiorari to complete the record.

04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit. Appellees' motion to amend brief and to stay brief time.

05-254. Ricky Wallace v. West Fraser South, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file supplemental brief.

05-254. Ricky Wallace v. West Fraser South, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file supplemental brief.

05-285. Nina Lea Alphin (Surber) v. David Paul Alphin, from Union Circuit. Appellant's motion to file supplemental brief.

05-465. Julia F. Gilliam v. Probate Court of Pulaski County, from Pulaski Circuit, Sixth Division. Motion to proceed in forma pauperis.

05-467. Robert Fiskum et ux. v. David Eck et ux., from Izard Circuit. Motion for rule on clerk.

SUBMISSIONS

CR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Argued orally.

CR04-588. Johnifer Roston v. State of Arkansas, from Chicot Circuit.

CR04-875. Jimmy Alan Hester v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR04-964. Thomas Vernon Williams v. State of Arkansas, from Grant Circuit.

CR04-1382. James Jessie Lilley v. State of Arkansas, from Crawford Circuit.

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