ARKANSAS SUPREME COURT

Opinions delivered
September 22, 2005


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JIM HANNAH, CHIEF JUSTICE:

CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (19 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR05-195. Bryant S. Woods v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-818. John Rose; Stephen Rose; Tom Burnham; Oliver Coppedge; John Starnes; John McCord; Glenda Lee Coppedge; Billy Crosskno; Chris Crosskno; Judy Crosskno; Roy A. Gaines; R.D. Jackson; Kenny Jackson; Charles Richard Haynes; W. T. Moody; Greg Alexander; George A. Hale III; Margery Hale; Bill Griggs; John R. Taylor; Kent Gipson; Shannon Sanders; Jerri Lyn Sanders; Jerry D. Qualls; Leon Brothers; Ronnie Burks; Jerry Nall; Bob Nall; Wesley Davis; Joe Davis; John Nelson; Billy Joe Nelson; John Ed Regenold; Edward Regenold; Dixie Regenold; Dale Regenold; Leigh Regenold Clower; Harvey Faulkner, Harvey E. Faulkner; Ray Dixon; Snowden Hawkins; Clark Long Sr.; Sarah Long; Clark Long Jr.; Rebecca Long; Nathan Long; Amy Long; The Rose Co.; Coppedge Farms, LLC; GLC Farms, LLC; CC&L Farms, LLC; Starnes Farm & Seed, Inc.; Haynes Farm Partnership; Billy Crosskno & Sons Farms; L.&A. Brothers Family Limited Partnership; E.M. Regenold Estate; Individually and as Representatives of All Landowners and Cotton Producers in Mississippi County and Eastern Craighead County, Arkansas v. Arkansas State Plant Board and Lee Wilson & Company, Lowrance Gin & Supply Company, Inc.; Rabbit Ridge Gin & Warehouse, LLC; Shawnee Village Gin, LLC; and E. Ritter & Company, from Pulaski Circuit, Third Division. Affirmed. Special Justice William J. Wynne joins. Brown, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-1258. Leslie Ballard MacKool v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-346. John Raymond Jones v. State of Arkansas, from Howard Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-732. Stanley Isaac Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Dismissed. (2 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR04-1044. Willie George Toddy v. State of Arkansas, from White Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

CR05-745. Keith Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR05-746. Milton Morris v. State of Arkansas, from Sevier Circuit.

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CACR99-35. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for release of exhibits is denied. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to recall mandate and motion for funding for investigative and expert services. To be submitted as a case.

CR04-1375. Willie Tillman, Jr. v. State of Arkansas, from Lonoke Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-411. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.

05-738. Curtis Brewer v. John Wayne Carter et al., from Faulkner Circuit. Appellee's motion to supplement the record granted; appellees' motions for brief time granted 30 days. Brown, J., not participating.

05-814. Arkansas Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Appellants' motion to supplement the record. Granted 30 days.

CR04-1100. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to strike appellee's brief. Motion denied. See per curiam this date. (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. Petition moot. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR05-495. Timothy Wayne Hardin v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-578. Arthur D. Davis v. Honorable Phillip Shirron, Circuit Judge, from Grant Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-723. Walter A. McCullough v. Honorable Victor Hill, Circuit Judge, from Craighead Circuit, Western District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-757. Erica Madewell v. Honorable Jim Hudson, Circuit Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-760. Willie Wells v. Honorable David Burnett, Circuit Judge, from Crittenden Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-794. 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]

CR05-797. Eric McGuire v. Honorable Bynum Gibson, Circuit Judge, from Drew Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-674. David Hugh Williams v. Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to recall mandate. Motion denied. See per curiam this date. Brown, J., would grant the motion and allow Williams ninety days to perfect the petition for writ of certiorari. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas, Rule XII.2. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions-Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Honorable Michael Mashburn of Fayetteville, Circuit Judge, Fourth Judicial Circuit, Amy Lee Stewart, Esq., of Little Rock, and Teresa Wineland, Esq., of El Dorado are appointed to the Committee on Model Jury Instructions-Civil for three-year terms to expire on September 30, 2008. The court extends its appreciation to these appointees for their willingness to serve.

Jennifer Doan, Esq., of Texarkana is reappointed to the Committee on Model Jury Instructions-Civil for a three-year term to expire on September 30, 2008. The court extends its thanks to Ms. Doan for accepting reappointment to this Committee.

The court expresses its appreciation to Honorable Kim Smith of Fayetteville, Circuit Judge, Fourth Judicial Circuit, Donis Hamilton, Esq., of Paragould, and Paul Rainwater, Esq., of Crossett, whose terms have expired, for their years of valuable service to this Committee.

In Re: Supreme Court Board of Certified Court Reporter Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Honorable Xollie Duncan of Bentonville, Circuit Judge, 19-W Judicial Circuit, is appointed to our Board of Certified Court Reporter Examiners to fill the unexpired term of Honorable Michael Mashburn, who has resigned from the Board. This term expires on July 31, 2007. The Court expresses its gratitude to Judge Duncan for accepting appointment to this important Board and expresses its appreciation to Judge Mashburn for his service to the Board.

In Re: Supreme Court Committee on Civil Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Rodney Moore, Esq., of Arkadelphia is appointed to the Civil Practice Committee for a three-year term to expire on July 31, 2008. We thank Mr. Moore for his willingness to serve on this important Committee.

MOTIONS SUBMITTED

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit. Appellant's motion to recall mandate and remand to the Washington County Circuit Court for retrial.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit. Pro se motion for leave to file supplemental attachment to appellant's attorney's motion for recall of mandate.

CR05-473. Christopher Branning v. State of Arkansas, from Boone Circuit. Pro se motion for order of transcript.

CR05-751. Eddie Stanley Harris, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Charles D. Hancock to withdraw as counsel.

CR05-751. Eddie Stanley Harris, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to substitute counsel and for brief time.

CR05-989. Christopher Branning v. State of Arkansas, from Boone Circuit. Motion for rule on clerk.

CR05-992. Kentrell L. Hill v. State of Arkansas, from Ouachita Circuit. Appellant's motion for rule on clerk.

02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Renewed motion for rule on the clerk to lodge the record.

05-112. Liberty Life Insurance Company et al. v. Deborah McQueen, from Marion Circuit. Liberty Life Insurance Company's motion for oral argument.

05-355. Gregory S. Muzingo v. Board of Law Examiners, an Original Action. Appellant's motion to dismiss appeal.

CA05-837. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Motion of appellee, Stone Container Corporation, to dismiss appeal.

CA05-837. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Motion of appellee, Turner Holdings, LLC, to adopt Stone Container Corporation's motion to dismiss appeal.

05-871. Troy R. Douglas, Arkansas Bar No. 68015, an Original Action. Petition to surrender Arkansas law license.

05-1007. Tommy F. Robinson v. Community Bank, from Monroe Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

04-1031. Karen Mauldin Whorton v. Jerry W. Dixon, M.D., from Saline Circuit. Argued orally.

CR04-542. James E. Baker, Jr. v. State of Arkansas, from Carroll Circuit, Eastern District.

CR04-817. Wayne Bowker v. State of Arkansas, from Benton Circuit.

CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit.

CR04-1123. Jesus Garcia v. State of Arkansas, from Garland Circuit.

CR05-278. John E. Sauerwin, Jr. v. State of Arkansas, from Pulaski Circuit, Second Division.

CR05-303. Eilert Bertrand v. State of Arkansas, from Pulaski Circuit, Fourth Division.