Opinions delivered
June 9, 2005
DONALD L. CORBIN, JUSTICE:
CR04-1041. Keela McGahey v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
04-758. Cecil Payton v. Robert E. Blake, Elizabeth Blake, Glenda L. Rice, Clinton P. Rice, Jimmie T. Bond, and Debra K. Bond, from Crawford Circuit. Affirmed. (7 PAGES + 1-PAGE ADDENDUM PUBLISHED) [HTML, WP5.1] [ADDENDUM]
ANNABELLE CLINTON IMBER, JUSTICE:
CR04-1366. Adam Clark v. State of Arkansas, from Carroll Circuit, Western District. Appeal Dismissed. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR05-115. Eric Wayne Ferguson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Hannah, C.J., concurs. (9 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
BETTY C. DICKEY, JUSTICE:
CR03-1276. James Thomas Burks v. State of Arkansas, from Crawford Circuit. Affirmed. Hannah, C.J., and Glaze and Imber, JJ., dissent. (6 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
JIM GUNTER, JUSTICE:
04-806. Dezoray Gailey v. Allstate Insurance Company, from Craighead Circuit, Western District. Reversed and Remanded on Appeal; Affirmed on Cross-Appeal. Brown, J., dissents. (11 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR04-423. James Munson v. State of Arkansas, from Faulkner Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-445. Charles Webster Smith v. State of Arkansas, from Crittenden Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-529. Bufford McDonald v. State of Arkansas, from Pope Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-552. Willie Houston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR04-853. Curtis Ray Flowers v. State of Arkansas, from Columbia Circuit.
04-1018. Nameloc, Inc. et al. v. Jack, Lyon & Jones, P.A. et al., from Pulaski Circuit, Third Division. Imber, J., not participating.
04-1252. James Dow Pledger et al. v. Garreth R. Carrick, M.D. et al., from Franklin Circuit, Northern District.
04-1256. Automated Conveyor Systems v. Honorable Victor Hill, Judge, and Calvin Dooley, from Crittenden Circuit. Imber, J. concurs. Dickey, J., would grant.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
05-423. Dana Witkowski v. Sandra Gennings, from Pulaski Circuit, Twelfth Division.
05-468. Kenneth McDonald v. Batesville Poultry Equipment et al., from Workers' Compensation Commission.
05-519. Roy Cummings v. Norma Shults, from Crawford Circuit.
05-520. Robert Phillips et al. v. Alpharma, Inc. et al., from Washington Circuit. Dickey, J., not participating.
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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. Motions to recall mandate and reappoint masters are granted. See Brown, J., opinion this date. Glaze, Corbin, and Dickey, JJ., concur. Hannah, C.J., Gunter, J., and Special Justice Carol Dalby, dissent. Imber, J., not participating. (4 PAGES + 5-PAGE CONCURRENCE + 2-PAGE CONCURRENCE + 2-PAGE CONCURRENCE + 8-PAGE DISSENT + 6-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Pro se motion for rule on clerk is denied without prejudice. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
05-30. Sherry Childers v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Issue of attorney error. Matter forwarded to the Arkansas Supreme Court Committee on Professional Conduct. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
05-569. Kenneth Spatz and Ta-Li Spatz v. City of Conway, Arkansas et al., from Faulkner Circuit. Petition for writ of mandamus; motion for leave to file amicus brief; and motion to supplement record. Petition dismissed. See per curiam this date. Glaze, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR03-1280. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Motion for extension of time to file amended order is granted.
CR05-552. Jerry James Ellis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to be relieved and to stay briefing schedule is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
04-1256. Automated Conveyor Systems v. Honorable Victor Hill, Judge, and Calvin Dooley, from Crittenden Circuit. Motion of Arkansas State Chamber of Commerce, Associated Industries of Arkansas, Inc., American Insurance Association, and Property Casualty Insurers Association of America to file joint amici curiae brief is denied. Brown, Imber, and Dickey, JJ., would grant.
CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Motion to extend time to return record on remand is granted.
04-1278. MacSteel, Division of Quanex Corporation et al. v. Arkansas Oklahoma Gas Corporation, from Sebastian Circuit, Greenwood District. Motion for court to take judicial notice of recent legislative enactment. Passed until case submitted.
CACR94-1016. Clarence Ashby v. State of Arkansas, from Saline Circuit. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR97-401. Willie Gaster Davis v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion for transcript at public expense. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-411. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motions for appointment of counsel and for photocopy of transcript. Motion for appointment of counsel denied; motion for photocopy of transcript granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-473. Christopher Branning v. State of Arkansas, from Boone Circuit. Pro se motion to relieve appellate counsel. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR05-534. Donnietha Bradford v. Honorable David Goodson, Circuit Judge, from Mississippi Circuit, Chickasawba District. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
05-462. James Hannah v. Martin Lilly, from Craighead Circuit, Western District. Pro se motion to proceed with appeal. Motion treated as motion for rule on clerk and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CR05-530. Andre Roddy v. State of Arkansas, from Phillips Circuit.
05-475. William Keith Clark v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. (appellee DHS)
05-475. William Keith Clark v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. (appellee attorney ad litem)
05-532. Muriel Seymour v. Estate of Floyd Ray Davis, Deceased, from Lonoke Circuit.
05-536. Arkansas Department of Human Services v. Maxine McManus et al., from Calhoun Circuit.
05-547. Samuel Warren et ux. v. Danny Snowden et ux., from Searcy Circuit.
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CR04-460. Joy Danielle Doss v. State of Arkansas, from Washington Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(5).
CR05-278. John E. Sauerwin, Jr. v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to supplement the record.
04-811. Charles E. Winkler v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal.
CA04-1009. Reynolds Health Care Services, Inc. v. HMNH, Inc. et al., from Union Circuit. Appellant's motion to certify appeal to the Supreme Court.
05-400. $735.00 in U.S. Currency v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to file supplemental brief.
05-501. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Fred D. Davis, III, Arkansas Bar ID No. 72033, from Committee on Professional Conduct. Petitioner's motion for appointment of special judge.
05-580. Johnny Weaver, Mayor of West Helena, Arkansas v. City of West Helena, Arkansas et al, from Phillips Circuit. Appellant's motion for extension of time to settle the record and for stay of briefing schedule.
SUBMISSIONS
04-811. Charles E. Winkler, Administrator v. John P. Bethell, M.D. et al., from Pulaski Circuit, Third Division. Argued orally.
CR04-1137. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR04-1300. State of Arkansas v. Harold Jerome Kelly, from Pulaski Circuit, Fourth Division.
CR04-1328. Alvis E. Dowty v. State of Arkansas, from Craighead Circuit, WesternDistrict.
04-1132. Colby James Verdier et al. v. Lynne Verdier et al., from Sebastian Circuit, Greenwood District.
04-1306. Servewell Plumbing, LLC v. Summit Contractors, Inc. et al., from Pulaski Circuit, Twelfth Division.
04-1336. State Farm Fire & Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District.