ARKANSAS SUPREME COURT

Opinions delivered
June 23, 2005


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JIM HANNAH, CHIEF JUSTICE:

CR04-1328. Alvis E. Dowty v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Brown, J., concurs. (14 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

04-1248. MacSteel Division of Quanex, Parnell Consultants, Inc., and R&R Pipeline Construction and Repair, Inc. v. Arkansas Oklahoma Gas Corporation, from Sebastian Circuit, Greenwood District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

05-37. Dr. Amy L. Fleming and Charles A. Fleming v. Cox Law Firm and S. Lance Cox, from Boone Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

05-16. Waste Management and Transportation Insurance Company v. Jack Estridge, from Arkansas Workers' Compensation Commission. Motion Denied; Court of Appeals Affirmed. Hannah, C.J., Brown and Gunter, JJ., dissent. (10 PAGES + 6-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

05-43. Judy Etchison Wandrey v. Marty Etchison, from Boone Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-1336. State Farm Fire and Casualty Company v. Sadie Andrews, from Craighead Circuit, Western District. Affirmed in Part; Reversed in Part. Imber, J., dissents in part. Glaze, J., not participating. (13 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

05-190. Wava Cox v. Kay Miller, as Administratrix of the Estate of Walter Clark "Dub" Brassell, from Jefferson Circuit. Circuit Court Affirmed; Court of Appeals Reversed. Imber and Dickey, JJ., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

05-74. Dorothy Jean Rice, Winston Lee Rice, Jr., Gay Roberts, Diane Anderson for themselves and as next kin to Winston Lee Rice, Sr., Deceased v. Paul Tanner, CrossRidge Community Hospital, J. Trent Beaton, Vernon I. Smith, Angela McGee, Jennifer Eason, Sudesh Banaji, Baptist Memorial Hospital, Forrest City, from St. Francis Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

CR04-1137. James Orval Davidson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Court of Appeals Reversed. Hannah, C.J., concurs. (3 PAGES + 7-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-1150. Bufford McDonald v. State of Arkansas, from Pope Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1103. Barry Stinnett v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1171. Larry Rayford v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1286. Timothy May v. Larry Norris, from Izard Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1303. Charles Alexander/Ryahim v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR04-578. Warren Looney v. State of Arkansas, from Independence Circuit. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-573. David Williams v. Kay Wade, Greg Harmon, Ray Hobbs, from Jefferson Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-568. Floyd G. Villines, III, County Judge et al. v. Nora Harris, from Pulaski Circuit, Third Division. Special Justices Edward Morgan, Hani W. Hashem, and Eldon Coffman, join. Corbin, Brown and Imber, JJ., not participating.

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05-651. Johnny Weaver, Mayor of West Helena, Arkansas v. Honorable L.T. Simes, Circuit Judge, from Phillips Circuit. Motions to expedite and for stay of circuit court proceedings granted; petition for writ of prohibition, mandamus or certiorari to be submitted as a case.

CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion for compliance with court's substituted briefing order is denied; 30 day extension to file brief granted.

CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to dismiss is denied; motion for brief extension moot.

CR04-1282. Algernon Doby v. State of Arkansas, from Jefferson Circuit. Motion to substitute counsel and to file reply brief is granted.

CR05-96. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Appellee's motion to file supplemental brief is granted.

04-769. Graham Construction Company, Inc. v. Roscoe T. Earl, from Carroll Circuit, Western District. Appellee's motion for attorney's fees is granted.

05-465. Julia F. Gilliam v. Probate Court of Pulaski County, Arkansas, from Pulaski Circuit, Sixth Division. Motions for rule on clerk are denied.

CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. Contempt citation issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-664. David Eugene Lewis v. Honorable David G. Henry, Circuit Judge, from Arkansas Circuit, Northern District. Motion to expedite is granted; petition for writ of certiorari is denied.

CR03-570. Billy Joe Cambell v. State of Arkansas, from Clark Circuit. Pro se motion for extension of time to file appellant's substituted brief. Motion granted in part and denied in part. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1451. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Pro se motions for extension of time to file appellant's substituted brief and for duplication of brief at public expense. Motion for extension of time to file appellant's substituted brief granted; motion for duplication of appellant's brief at public expense denied. See per curiam thisdate. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1321. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules of the Supreme Court and Court of Appeals, Rule 6-7. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR05-531. Kimberly Michelle Hinton v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR05-605. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit.

05-591. Ricky Myers v. Arkansas Department of Human Services, from Benton Circuit.

05-604. George Renfro v. Air Flo Company, from Sharp Circuit.

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CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Motion to reconsider order granting pro se motion to dissolve stay of execution.

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Pro se motion to deny or dismiss motion for reconsideration.

CR03-1280. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Motion to set briefing schedule.

CR05-351. James S. Scott v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

CR05-356. Arkansas Game & Fish Commission v. Brian Herndon, from Lee Circuit. Appellant's motion to supplement the record.

CR05-473. Christopher Branning v. State of Arkansas, from Boone Circuit. Motion to withdraw as counsel.

04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit. Appellant's motion for reconsideration.

05-146. The Daily World v. Honorable L.T. Simes, Circuit Judge, from Phillips Circuit. Motion to review sealed record and for extension of time to file brief.

05-355. Gregory S. Muzingo v. Board of Law Examiners, from State Board of Law Examiners. Appellee's motion to dismiss appeal.

05-580. Johnny Weaver, Mayor of West Helena, Arkansas v. City of West Helena, Arkansas et al., from Phillips Circuit. Appellant's motion for further stay of briefing schedule.

05-580. Johnny Weaver, Mayor of West Helena, Arkansas v. City of West Helena, Arkansas et al., from Phillips Circuit. Appellant's motion to supplement the record with original certified transcripts.

05-580. Johnny Weaver, Mayor of West Helena, Arkansas v. City of West Helena, Arkansas et al., from Phillips Circuit. Appellant's motion to supplement the record with exhibit omitted from original transcript.

05-394. Katherine B. Fryar v. Touchstone Physical Therapy, Inc. et al., from Pulaski Circuit, Seventh Division. Appellees' motion to transfer appeal to Arkansas Court of Appeals.

SUBMISSIONS

04-720. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit.

04-1162. Terry Jones v. Barbara Billingsley, from Independence Circuit.

05-78. Healthcare Recoveries, Inc. v. Arkansas Client Security Fund, an Original Action.

05-91. Vickie Hatchell v. Dwight Wren, from Mississippi Circuit, Chickasawba District.

05-136. Ken Swindle v. Benton County Circuit Court, from Benton Circuit.

05-200. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit.