Opinions delivered
May 26, 2005
DONALD L. CORBIN, JUSTICE:
04-80. Don J. Switzer, Individually, and Don J. Switzer, Administrator of the Estate of Sandra Switzer, Deceased v. Shelter Mutual Insurance Company, from Searcy Circuit. Affirmed on Direct Appeal; Cross-Appeal Moot. Dickey, J., not participating. (16 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR04-1382. James Jesse Lilley v. State of Arkansas, from Crawford Circuit. Reversed and Remanded. (13 PAGES PUBLISHED) [HTML, WP5.1]
JIM GUNTER, JUSTICE:
CR04-938. Jerry L. Herron v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR04-578. Warren Looney v. State of Arkansas, from Independence Circuit. Affirmed. Imber, J., not participating. (7 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR04-83. State of Arkansas v. James C. Fudge, from Pulaski Circuit, First Division. Glaze and Dickey, JJ., would grant. See opinion this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
05-444. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District. Imber, J., not participating.
05-445. Riddell Flying Service v. Clarence Callahan et al., from Workers' Compensation Commission. Imber, J., not participating.
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CR04-542. James E. Baker, Jr. v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to file substituted brief without all matters required by the court and for brief time is granted. Glaze, J., would grant, see dissent in Baker v. State, S.W.3d. , 2005 WL 1041145, Ark., May 5, 2005. Imber, J., not participating.
CR05-506. James Harless Johnson v. State of Arkansas, from Boone Circuit. Motion to be relieved as counsel on appeal of postconviction order. Motion granted; appeal dismissed. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]
01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion for permission to supplement Pulaski County Special School District's brief based upon oral argument question from the court is denied. Imber, J., not participating.
04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit. Certified, supplemental record ordered; rebriefing ordered. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
04-420. Michael Teston v. Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Sixth Division. Appellant's motion to recall mandate is granted. Mandate stayed pending disposition of appellant's petition for writ of certiorari to the United States Supreme Court, or 90 days from the date of this order. Brown and Imber, JJ., not participating.
04-1053. J.L.Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Motion of Don Trimble for entry of appearance is granted. Brown and Imber, JJ., not participating.
04-1260. Primerica Life Insurance Company v. Ronda Gale Watson, from White Circuit. Appellant's motion for taxation of costs. Granted $2,094.30 pursuant to Arkansas Supreme Court Rule 6-7(b). Glaze, Imber and Dickey, JJ., not participating.
05-498. Arkansas Department of Human Services v. Honorable Mark Hewett, Circuit Judge, from Sebastian Circuit, Fort Smith District. Motion to expedite and petition for writ of certiorari. Motion to expedite granted; petition for writ of certiorari to be submitted as a case. Imber, J., not participating.
05-545. John Russell Sparks v. Honorable Ted C. Capeheart, Circuit Judge, from HowardCircuit. Motion to expedite is granted. Motion for temporary stay denied; petition for writs of certiorari and habeas corpus denied without prejudice. Imber, J., not participating. (Proceedings of May 19, 2005)
CR05-560. Jose Guerra-Garcia v. Honorable Tom J. Keith, Circuit Judge, from Benton Circuit. Motion to expedite granted; motion for temporary stay and petition for writ of mandamus, or in the alternative, petition for writ of certiorari are denied. Imber, J., not participating.
05-549. In Re: Luther Vance Marker, Arkansas Bar No. 92234. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR03-695. Michael Glenn Pickens v. State of Arkansas, from Hot Spring Circuit. Pro se motion to extend time to file brief. Motion granted. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR04-505. Corinthian McCoy v. State of Arkansas, from Saline Circuit. Pro se motion to file belated reply brief. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CACR04-692. Philip Parmley v. State of Arkansas, from Garland Circuit. Pro se motion to file belated motion to accept certification of appeal. Motion denied. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR04-822. George Aydelotte v. State of Arkansas, from Conway Circuit. Pro se motion for extension of time to file reply brief. Motion granted. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1098. Paul Emery v. State of Arkansas, from Jackson Circuit. Pro se motion to file supplemental brief. Appeal dismissed; motion moot. See per curiam this date. Imber, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1318. James S. McClellan v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motions to extend time to file brief, for appointment of counsel, and to hold time in abeyance. Motion to extend time granted; motions for appointment of counsel and to hold time in abeyance denied. See per curiam this date. Imber, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1331. Corey Sanders v. State of Arkansas, from Columbia Circuit. Pro se motion for reconsideration. Motion dismissed. See per curiam this date. Imber, J., notparticipating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-149. Frank Watts II v. State of Arkansas, from Pulaski Circuit, Fifth Division.Pro se motion for writ of supersedeas to stay appeal. Appeal dismissed; motion moot. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-165. Donnietha Bradford v. Honorable David Goodson, Circuit Judge, from Mississippi Circuit, Chickasawba District. Pro se amended petition for writ of mandamus. Amended petition moot. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-260. Brandon Smith v. Honorable Michael Maggio, Circuit Judge, from Faulkner Circuit. Pro se petition for writ of mandamus. Second amended response requested. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Rules Governing Admission to the Bar of Arkansas. Published for Comment. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Committee on the Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Lloyd Vance Stone, III, Esq., of Bentonville, Third Congressional District, is appointed to the Supreme Court Committee on the Unauthorized Practice of Law for a three-year term to expire on May 31, 2008. Ms. Karen Kay Howard of Batesville is appointed to an At-Large Position for a three-year term to expire on May 31, 2008.
The Court thanks Mr. Stone and Ms. Howard for accepting
appointment to this important Committee. We also express our appreciation
to Jim Coutts, Esq., and Catherine Duvall, whose terms have expired, for
their service to the Committee.
In Re: Judicial Discipline and Disability Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
In accordance with Amendment 66 of the Constitution of
Arkansas and Act 637 of 1989, the court reappoints to the Commission
the Honorable Leon Jamison, Circuit Judge, Eleventh Judicial Circuit-West.
This term expires on June 30, 2011. The court thanks Judge Jamison for
accepting reappointment to the Commission.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR04-1237. Korey Fells v. State of Arkansas, from Pulaski Circuit, Seventh Division.
04-1113. Michael L. Jordan et ux. v. Diamond Equipment & Supply Co., from Benton Circuit.
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CR05-395. Michael Lowry v. State of Arkansas, from Saline Circuit. Appellee's motion to file supplemental brief.
CR05-504. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Motion to be relieved as counsel of record.
05-183. Arkansas Residential Assisted Living Association, Inc. et al. v. Arkansas Health Services Permit Commission et al., from Pulaski Circuit, First Division. Appellants' motion to amend brief.
05-512. Mary Moreland v. Gary Moreland, from Pulaski Circuit, Ninth Division. Motion and amended motion for rule on clerk.
05-525. Earl Wilson et al. v. Honorable Jodi Raines Dennis, Circuit Judge, from Jefferson Circuit. Petition for writ of prohibition.
05-539. Arkansas Department of Human Services v. Honorable Gary B. Isbell, Circuit Judge, from Boone Circuit. Motion to expedite and petition for writ of certiorari and for temporary relief.
05-539. Arkansas Department of Human Services v. Honorable Gary B. Isbell, Circuit Judge, from Boone Circuit. Petitioner's motion to dismiss.
SUBMISSIONS
04-430. Baptist Health v. Bruce E. Murphy, M.D. et al., from Pulaski Circuit, Thirteenth Division. Argued orally.
CR04-863. David Carson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
04-678. City of Fort Smith, Arkansas v. Didicom Towers, Inc., from Sebastian Circuit, Fort Smith District.
04-758. Cecil Payton v. Robert Blake et al., from Crawford Circuit.
04-806. Dezoray Gailey v. Allstate Insurance Company et al., from Craighead Circuit, Western District.