Opinions delivered
October 20, 2005
TOM GLAZE, JUSTICE:
CR05-374. State of Arkansas v. Phillip Ray Nichols, Trudy Lynn Nichols, and Dale Christopher Scamardo, from Sebastian Circuit, Greenwood District. Appeal Dismissed. (7 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR05-395. Michael Lowry v. State of Arkansas, from Saline Circuit. Circuit Court Affirmed; Court of Appeals Reversed. (19 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR05-389. Errick Deon Berry v. Honorable David G. Henry, Circuit Judge, from Arkansas Circuit, Northern District. Petition for Writ of Prohibition. Granted. (8 PAGES PUBLISHED) [HTML, WP5.1]
BETTY C. DICKEY, JUSTICE:
04-473. Lynn Carl Middleton, Joyce L. Middleton, Kenneth G. Middleton, Law Office of Christopher O'Hara Carter v. Geraldine Lockhart, Mildred M. Anderson, Joyce M. Henson, Jessie J. Brewer, from Newton Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR04-1003. David Cordell and Randall Cordell v. State of Arkansas, from Saline Circuit. Affirmed. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases:
CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Hannah, C.J., would deny.
CR05-1045. James Everett Nelson v. State of Arkansas, from Washington Circuit. Hannah, C.J., Glaze and Corbin, JJ., would deny.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR05-979. Michael Wrenn v. State of Arkansas, from Jefferson 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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CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Motion to hold proceedings in abeyance pending ascertainment of counsel. The Federal Public Defender is directed to comply with our opinion in Hill v. State, No. CR00-1210, handed down by this Court on October 13, 2005. Glaze, J., concurring in part; dissenting in part.
04-661. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Larry G. Dunklin, Arkansas Bar ID #81051, an Original Action. Findings of fact, conclusions of law, and agreed recommendation of sanction and joint motion to waive briefing and for approval of agreed sanction recommendation. Denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CACR91-319. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to reinstate appeal is denied.
CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Appellant's motion for waiver of page limit. Granted 5 additional pages.
CR05-739. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal is granted.
04-1053. J.L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Motion to dismiss cross-appeals of Eugene Sayre; Jack, Lyon, Jones P.A.; D. Trimble;
C. Ray; R. Hatfield and M. Schoppmeyer is denied. Brown and Imber, JJ., not participating.
05-254. Ricky Wallace v. West Fraser South, Inc. and American Manufacturers Mutual Insurance Company, from Arkansas Workers' Compensation Commission. Rebriefing ordered. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
05-680. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Appellant's motion to file supplemental brief is granted; request for oral argument is denied.
05-1023. Franklin Davis v. Little Rock School District, from Pulaski Circuit, First Division. Appellant's motion to file belated petition for review is granted.
05-1133. Rita Marjorie Cerniglia et al. v. Frank Cerniglia, from Sebastian Circuit, Fort Smtih District. Motion for additional time to file petition for review. Granted until October 27, 2005.
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 is denied without prejudice. Brown, Imber, and Dickey, JJ., would grant. Glaze, J., I join because appeal is remedy. If necessary, Baker has the right to seek a stay from any decision of the trial court or request a stay from this court. (Proceedings of October 13, 2005)
CR05-1114. Justin Anderson v. State of Arkansas, from Miller Circuit. Motion to accelerate proceedings on motion to stay execution pending appeal and motion to stay execution pending appeal. Motions granted. (Proceedings of October 14, 2005)
CR84-43. Allen Lynn Penn v. State of Arkansas, from Pulaski Circuit, First Division. Pro se petition to reinvest jurisdiction in the trial court to proceed with a petition for a writ of error coram nobis. Petition denied. See per curiam this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CR95-1145. Michael Clay v. State of Arkansas, from Crittenden Circuit. Pro se petition for rehearing. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-489. Terry Lynn Huey v. State of Arkansas, from Washington Circuit. Pro se motions for appointment of counsel and for extension of brief time. Motion for appointment of counsel denied; motion for extension of brief time granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-624. Tyrone Tillman v. State of Arkansas, from Jefferson Circuit. Pro se motion for extension of time. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR05-632. Richard Alan Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-647. David Wayne Cummins v. State of Arkansas, from Logan Circuit. Pro se motions for appointment of counsel and to duplicate at state expense. Motion for appointment of counsel denied; motion for duplication at state expense denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-648. Edward Loveless v. State of Arkansas, from Pope Circuit. Pro se motion for stay of appeal and petitions for writ of certiorari and to "enjoinder Rule 37 appeal to writ ofcertiorari." Motion denied; petition for writ of certiorari denied; petition to "enjoinder Rule 37 appeal to writ of certiorari" moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-649. Ian Jay Smith v. State of Arkansas, from Benton Circuit. Pro se motions for extension of time, for access to the record, and to withdraw motion for access to the record. Motions granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-753. Myron A. Woods v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for copy of record on appeal and for extension of time. Motions granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-942. Allen Lynn Penn v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for stay. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR05-1036. Requis M. Cuble v. Honorable David Goodson, Circuit Judge, from Poinsett Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
03-768. In Re Sam Whitfield, Jr., Arkansas Bar ID #82056, an Original Action. Pro se motion for copy of petition for disbarment. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
05-451. Joseph M. Willard v. Larry Norris et al., from Boone Circuit. Pro se motion for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Arkansas Access to Justice Commission. See per curiam this date. [HTML, WP5.1]
Justice Annabelle Clinton Imber is appointed to the Arkansas Access to Justice Commission to fill the position designated for a justice of the Arkansas Supreme Court. She replaces Justice Betty C. Dickey, whose term has expired. Justice Imber's term shall expire on October 15, 2008.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District.
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CR05-836. Lewis James White v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.
CR05-840. Tommy L. Hilburn v. State of Arkansas, from Greene Circuit. Appellee's motion to dismiss appeal.
04-1053. Jimmie L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Appellant's request for oral argument.
04-1053. Jimmie L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Motion of appellees Charles E. Venus and B.I.E., Incorporated to withdraw.
05-337. Robert White v. Arkansas Capital Corporation et al., from Pulaski Circuit, Fourteenth Division. Appellant's motion and amended motion for recusal.
05-731. John H. Dodson, M.D. et al. v. Allstate Insurance Company, from Pulaski Circuit, Seventh Division. Appellee's motion to supplement the record.
05-778. Candis Young v. Maria Barbera, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief.