ARKANSAS SUPREME COURT

Opinions delivered
November 10, 2005


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JIM HANNAH, CHIEF JUSTICE:

04-1278. City of Fort Smith, Arkansas v. Lee Hackler, Patricia Hackler, Judy W. Hartman and Neil W. Hartman, from Crawford Circuit. Affirmed. Brown, J., dissents. (2 PAGES PUBLISHED) [HTML, WP5.1]

05-198. City of Fort Smith v. J.D. Carter, Mary Lois Carter, Lee Hackler and Patricia Hackler, Mortgagees, from Crawford Circuit. Reversed on Direct Appeal; Reversed and Remanded on Cross-Appeal. Brown, J., dissents. (11 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

04-1192. Daphne England and Larry England v. Emil Costa, M.D., from Hempstead Circuit. Reversed and Remanded. Imber, J., concurs. Gunter, J., not participating. (13 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

05-65. Vassie Gilbert v. Damarcus Moore, from Union Circuit. Appeal Dismissed. (3 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-505. Corinthian McCoy v. State of Arkansas, from Saline Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-822. George Aydelotte v. State of Arkansas, from Conway Circuit. Affirmed. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-946. John D. Martin v. State of Arkansas, from Pope Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

04-1337. Edward Lockhart v. State of Arkansas, from Jefferson Circuit. Affirmed. (2  PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR05-1074. Deborah Broadway Hutcheson v. State of Arkansas, from Saline Circuit.

CR05-1103. Don Carter, III v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CR05-1104. Francisco Batres Palma v. State of Arkansas, from Benton Circuit.

05-1051. Hardy Little and Loretta Little v. Jonesboro Country Club, from Craighead Circuit, Western District.

05-1122. Clara Faye O'Dell et al. v. David Lynn Rickett et al., from Independence Circuit.

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CR05-782. Freddie Carey v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(h) and to stay brief time is granted.

CR05-1071. Julius Yankaway v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record is granted.

CR05-1115. DeLarron Keith Washington v. State of Arkansas, from Union Circuit. Motion for rule on clerk and supplement the record. Petition granted. See per curiam this date. (3  PAGES PUBLISHED) [HTML, WP5.1]

CR05-1132. Sedric Anderson v. State of Arkansas, from Craighead Circuit, Western District. Motion for substitution of counsel is granted; petition for writ of certiorari to complete the record granted 30 days.

04-1031. Karen Mauldin Whorton v. Jerry W. Dixon, M.D., from Saline Circuit. Appellee's motion for sanctions is denied. Attorney fees awarded to appellant in the amount of $250.00.

05-1145. Wesley Grant Patterson v. Julie Coursey Patterson, from Searcy Circuit. Appellant's motion to dismiss appeal is granted.

05-466. Regions Bank v. Faith Forest Partners, L.P. et al., from Columbia Circuit. Appellant's motion to expedite, motion for partial dismissal of appeal, and motion to remove appeal from the argument calendar. Motions granted. (Proceedings of November 8, 2005)

CR04-621. David Anderson v. State of Arkansas, from Greene Circuit. Pro se motion to procedurally bar appellee from arguing issues not addressed at state level, for reconsideration of motion to compel appellee to brief all points on appeal, and to compel state crime laboratory to preserve evidence. Motion denied. See per curiam this date. (2  PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-873. Lucille Oaks Shanks Smith v. Michael Huckabee, Chris Morris, Leroy Brownlee, John Felts, Carolyn Robinson, William Walker, Larry Zeno, Erma Hendrix, John Belkens, Gene Forrest, Miriam Ellington, Charlotte Sumner, Linday Murphy, John Maples, Maggie Caple, from Arkansas Circuit, Southern District. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (2  PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-895. Darrell W. Pilcher v. State of Arkansas, from Hot Spring Circuit. Pro se motion for extension of time. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-933. Elvin Gamble, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion to file belated brief. Appeal dismissed; motion moot. See per curiam this date. (2  PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1082. Frederick D. Jenkins v. Honorable Jim Hudson, Circuit Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (1  PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-1155. Roberto D. Cabral v. Honorable Tom Keith, Circuit Judge, from Benton Circuit. Pro se petition for writ of mandamus. Response requested. See per curiam this date. (1  PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-1173. Hubert Corbin v. Honorable Berlin Jones, Circuit Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (2  PAGES UNPUBLISHED) [HTML, WP5.1]

04-524. Sherman Noble v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Rebriefing ordered. See per curiam this date. (2  PAGES UNPUBLISHED) [HTML, WP5.1]

05-634. Terrick Nooner 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]

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

Honorable Larry Jegley, Prosecuting Attorney of the Sixth Judicial Circuit, is appointed to the Committee on Automation for a three-year term to expire October 31, 2008. Honorable Ben Storey, Circuit Judge, of Forrest City and Stephen Sipes, Esquire, of Little Rock are reappointed to the committee for three-year terms expiring October 31, 2008. The court extends its thanks to Mr. Jegley for accepting appointment to the committee and to Judge Storey and Mr. Sipes for accepting reappointment.

In Re Arkansas State Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Court appoints the Honorable Willard Proctor, Jr., Circuit Judge, of Little Rock to the Arkansas State Board of Law Examiners. Judge Proctor shall be a representative of the Second Congressional District and will serve a six-year term concluding on September 30, 2011. Judge Proctor succeeds Carolyn Witherspoon of Little Rock.

The Court appoints Spencer F. Robinson of Pine Bluff to the Arkansas State Board of Law Examiners. Mr. Robinson shall be a representative of the Fourth Congressional District and will likewise serve a six-year term concluding on September 30, 2011. Mr. Robinson succeeds Eugene Hunt of Pine Bluff.

The Court thanks Judge Proctor and Mr. Robinson for accepting appointment to this important Board. The Court extends its sincere appreciation to Ms. Witherspoon and Mr. Hunt for their many years of service on this Board.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR05-45. Carl A. Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR05-75. Bill McEntire v. State of Arkansas, from Pulaski Circuit, Second Division.

CR05-202. William Greg Smith v. State of Arkansas, from Garland Circuit.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division.

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PETITIONS FOR REVIEW:

CR05-1099. Benjamin Eagle v. State of Arkansas, from Pulaski Circuit, Fifth Division.

05-1078. Luciana Frazier v. Arkansas Department of Correction, from Workers' Compensation Commission.

05-1098. Shirley A. Whitfield v. Director, Arkansas Department of Employment Security et al., from Board of Review.

05-1134. Karry Phillips et al. v. Alcoholic Beverage Control Division et al., from Independence Circuit.

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CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Respondent's motion for compliance.

CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Motion of Bruce D. Eddy to appear as counsel on behalf of petitioner.

CR05-348. Melton Oscar Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal.

CACR05-481. John Melvin McDonald v. State of Arkansas, from Columbia Circuit. Appellant's motion to transfer appeal to the Arkansas Supreme Court.

CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file supplemental brief.

CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file supplemental brief.

CR05-950. Jacquelyne Velcoff v. State of Arkansas, from Clark Circuit. Pro se motion to proceed in forma pauperis.

CA05-716. Harvest Rice, Inc. v. Fritz and Mertice Lehman Elevator and Dryer, Inc., from Desha Circuit, Arkansas City District. Appellant's motion for certification to the Arkansas Supreme Court.

05-861. Van Buren School District v. Steven D. Jones, from Crawford Circuit. Appellee's motion to tax costs and fees due to appellant's insufficient abstract and addendum.

05-900. J. C. Versie et al. v. Landers Auto Sales, Inc. et al., from Washington Circuit. Appellants' motion to dismiss appeal.

05-1174. Mark Harness v. Buddy Curtis, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

05-1185. Robert Hightower v. Carrel Wade, from Faulkner Circuit. Motion for rule on clerk.

SUBMISSIONS

CR88-158. Jerome Allen Bargo v. State of Arkansas, from Benton Circuit.

CR04-1375. Willie Tillman, Jr. v. State of Arkansas, from Lonoke Circuit.

04-1009. Reynolds Health Care Services, Inc. v. HMNH, Inc., from Union Circuit.

05-7. Office of Child Support Enforcement v. Jason Morgan, from Ashley Circuit.

05-131. William D. Watt v. Office of Child Support Enforcement, from Ashley Circuit.

05-466. Regions Bank v. Faith Forest Partners et al., from Columbia Circuit.

05-728. Arkansas Department of Human Services v. Ben Bixler et ux., from Van Buren Circuit.