ARKANSAS SUPREME COURT

Opinions delivered
October 13, 2005


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JIM HANNAH, CHIEF JUSTICE:

CR05-202. William Greg Smith v. State of Arkansas, from Garland Circuit. Affirmed. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-1112. City of Dover and Johnny Waldo, Mayor v. City of Russellville, from Pope Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR05-45. Carl Allen Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR05-75. Bill McEntire v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. In Re the Federal Public Defender's Representation of Defendants Sentenced to Death in State Court. Opinion Issued. Glaze, J., concurs in part and dissents in part. (10 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

CR05-81. Aaron Timothy Dillard v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-1312. David Wayne Swift, Sr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hannah, C.J., concurs. (5 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CR05-83. Martez Harris v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

CR05-96. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Appeal Dismissed. Court of Appeals Reversed. (3 PAGES PUBLISHED) [HTML, WP5.1]

04-1324. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, State of Arkansas v. Ronald J. Geisbauer, from Sebastian Circuit, Fort Smith District. Affirmed in Part; Reversed in Part. Corbin, Brown, and Imber, JJ., dissent. (11 PAGES + 3-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

05-86. Office of Child Support Enforcement v. Michael D. Pyron, from Washington Circuit. Affirmed. Court of Appeals Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Affirmed. Brown and Imber, JJ., concur. Corbin, J., dissents. (25 PAGES + 2-PAGE CONCURRENCE + 9-PAGE CONCURRENCE + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-697. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

CR04-703. David Preston Pardue v. State of Arkansas, from Washington Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

04-1171. Larry Rayford v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. See per curiam this date. Dickey, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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CR05-699. Timothy L. Howard v. State of Arkansas, from Little River Circuit. Motion of the Methodist Federation for Social Action to file brief as amicus curiae is granted. Corbin, J., not participating.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Motion to strike arguments in appellant's reply brief. Moot.

CR05-420. Billy Thessing v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted.

CR05-420. Billy Thessing v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file an enlarged brief. Granted 36 pages.

CR05-677. Alan Ray Cluck v. State of Arkansas, from Crawford Circuit. Appellant's motion to file supplemental brief is granted.

CR05-754. Donald V. Saul v. State of Arkansas, from Benton Circuit. Appellant's motion to file supplemental brief is granted.

CR05-754. Donald V. Saul v. State of Arkansas, from Benton Circuit. Appellee's motion to file supplemental brief is granted.

CR05-806. Joseph Walter Wigley v. State of Arkansas, from Yell Circuit, Southern District. Appellant's motion for reconsideration is denied.

CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion for rule on clerk. Remanded to the circuit court for findings of fact on attorney error; clerk directed to accept appeal. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion for stay of mandate. Granted 90 days.

05-285. Nina Lea Alphin (Surber) v. David Paul Alphin, from Union Circuit. Rebriefing ordered. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

05-616. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Appellant's motion to file supplemental brief is granted.

05-616. Windsong Enterprises, Inc. v. Richard Upton, from Cleburne Circuit. Motion of Arkansas Realtors Association to file amicus curiae brief is denied. Brown, J., would grant. Dickey, J., not participating.

05-638. Janetta Kearney v. City of Little Rock et al., from Pulaski Circuit, Thirteenth Division. Motion for extension of time for fee payment is denied.

05-722. Skit International, Ltd. et al. v. DAC Technologies of Arkansas, Inc. et al., from Pulaski Circuit, Second Division. Motion for rehearing on denial of motion for rule on clerk is denied. Brown, J., not participating.

05-1031. Richard Jordan, M.D. v. Honorable L. T. Simes, Circuit Judge, from LeeCircuit. Petition for writ of prohibition and alternative petition for writ of certiorari. To be submitted as a case.

05-1037. Brad A. Dwiggins v. Joyce Dwiggins, from Van Buren Circuit. Appellant's motion to dismiss appeal is granted.

05-1049. Stevie Christine Boyd v. Alfred William Taylor et al., from Sharp Circuit. Motion for rule on clerk is denied.

CR97-401. Willie G. Davis, Jr. v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion for reconsideration of motion for transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-570. Billy Joe Campbell v. State of Arkansas, from Clark Circuit. Pro se motion for extension of time. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-460. Joy Danielle Doss v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file brief. Motion granted. 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 supplement appellant's brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-164. Hans C. Hess v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for rule on the clerk. Motion treated as motion to file belated reply brief and granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-552. Jerry James Ellis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for photocopy of materials at public expense, for return of seized legal materials, to file supplemental brief, and for hearing records and trial transcript. Motions for photocopy of materials at public expense and return of seized legal materials dismissed; motion to file supplemental brief denied; motion for hearing records and trial transcript moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-710. Carl Clausen v. State of Arkansas, from Independence Circuit. Pro se petition for writ of mandamus. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-741. James William Wood v. State of Arkansas, from Jackson Circuit. Pro se motions for appointment of counsel, for transcript, and for extension of brief time. Motion for appointment of counsel denied; motion for transcript treated as motion forrecord and granted; motion for extension of brief time granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-758. Howard Powell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-567. In Re: Pervis Michael Redden, Arkansas Bar ID # 74127, from Pulaski Circuit, Third Division. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Administrative Order Number 14 - Administrative Plans. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Child Support Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

We reappoint Judge John Robbins of the Arkansas Court of Appeals and Judge Mary McGowan, Pulaski County Circuit Judge, to the Child Support Committee for four-year terms to expire on November 30, 2009. The court thanks these members for accepting reappointment to this important committee.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit.

CR05-979. Michael Wrenn v. State of Arkansas, from Jefferson Circuit.

CR05-1045. James Everett Nelson v. State of Arkansas, from Washington Circuit.

05-1020. Samuel Evans v. Benita Evans, from Pulaski Circuit, Fourteenth Division.

05-1021. Roger Israel v. Christopher D. Oskey et ux., from Washington Circuit.

05-1034. Virginia A. Elder v. Alma L. Boyd, from Sebastian Circuit, Fort Smith District.

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CR05-1102. Cindy M. Baker v. Honorable Alan D. Epley, Circuit Judge, from Carroll Circuit, Eastern District. Petition for temporary and permanent writs of prohibition. Argued orally five minutes each side.

CACR91-319. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to reinstate appeal.

CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Appellant's motion for waiver of page limit.

CR05-739. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal.

04-1053. J.L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Motion to dismiss cross-appeals of Eugene Sayer; Jack, Lyon, Jones P.A.; D. Trimble;C. Ray; R. Hatfield and M. Schoppmeyer.

05-680. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Appellant's motion to file supplemental brief.

05-1023. Franklin Davis v. Little Rock School District, from Pulaski Circuit, First Division. Appellant's motion to file belated petition for review.

05-1080. Jennifer Linder (Johnson) v. Honorable Timothy W. Weaver, Circuit Judge, from Cleburne Circuit. Petition for writ of certiorari.

05-1080. Jennifer Linder (Johnson) v. Honorable Timothy W. Weaver, Circuit Judge, from Cleburne Circuit. Motion for expedited consideration.

SUBMISSIONS

05-198. City of Fort Smith, Arkansas v. J. D. Carter et al., from Crawford Circuit. Argued orally.

CR05-374. State of Arkansas v. Phillip Ray Nichols et al., from Sebastian Circuit, Greenwood District.

CR05-389. Errick Deon Berry v. Honorable David G. Henry, Circuit Judge, from Arkansas Circuit, Northern District.

CR05-395. Michael Lowry v. State of Arkansas, from Saline Circuit.

04-473. Lynn Carl Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit.

04-659. Todd Templeton v. United Parcel Services, Inc. et al., from Washington Circuit.