ARKANSAS SUPREME COURT

Opinions delivered
November 17, 2005


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JIM HANNAH, CHIEF JUSTICE:

CR04-1375. Willie Tillman, Jr. v. State of Arkansas, from Lonoke Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1391. Teresa Michelle Dick v. State of Arkansas, from Johnson Circuit. Affirmed. Corbin and Imber, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR04-1323. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

04-1009. Reynolds Health Care Services, Inc. v. HMNH, Inc.; James M. Sheppard; F. Courtney Sheppard; L. Andrew Sheppard; and Eugene E. Bilo, Jr., from Union Circuit. Affirmed in Part; Reversed in Part. (22 PAGES PUBLISHED) [HTML, WP5.1]

05-268. Katrina Valley, Individually and as Parent and Next Friend of Christian Anderson, Keishon Anderson, Kyrin Anderson and Justin Anderson; and Meranda F. Fonzye Valley, Individually and as Parent and Next Friend of Brittany L. Valley, Kimberla A. Valley and Omarrian R. Wilson v. National Zinc Processors, Inc.; Stoller Enterprises, Inc.; Global Materials Services, LLC; Nationwide Express, Inc.; Rickey Snowden; Harold Smith; and John Doe 3, from Phillips Circuit. Affirmed. Brown and Imber, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

05-466. Regions Bank v. Todd Griffin, from Columbia Circuit, Sixth Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR88-158. Jerome Allen Bargo v. State of Arkansas, from Benton Circuit. Motion to Reinstate Appeal. Denied. (8 PAGES PUBLISHED) [HTML, WP5.1]

CR05-140. Jose Feliciano Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hannah, C.J., and Imber, J., dissent. (8 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-1084. Gregory Fisher v. State of Arkansas, from Crawford Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

03-1099. Mary Linker-Flores v. Arkansas Department of Human Services and A.F., A.F., L.L., C.L., K.L., Minor Children, from Pulaski Circuit, Eleventh Division. Motion to be Relieved Granted; Order Terminating Parental Rights Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

05-131. William D. Watt v. Office of Child Support Enforcement, from Ashley Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

CR05-218. Anthony C. Malone v. State of Arkansas, from White Circuit. Affirmed. Glaze and Imber, JJ., dissent. (8 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

05-252. Randel Lewis v. Arkansas Department of Human Services, from Clay Circuit. Motion to Withdraw Granted; Order Terminating Parental Rights Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-1100. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1282. Algernon Doby v. State of Arkansas, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR04-732. Stanley Isaac Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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. Glaze, J., would grant.

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

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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CR04-460. Joy Danielle Doss v. State of Arkansas, from Washington Circuit. Appellee's motion to advance and affirm is granted.

CACR05-783. Steven Velek and David Velek v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to amend appellants' notice of appeal to alternatively seek a writ of certiorari from the Arkansas Supreme Court is denied without prejudice. Appeal transferred to the Supreme Court.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Request of Barton-Lexa School District to participate in oral arguments is granted. Special Justice Carol Dalby joins. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Request of Rogers School District to participate in oral arguments is granted. Special Justice Carol Dalby joins. Imber, J., not participating.

04-1381. First National Bank of Lewisville v. Eddie Mayberry et al., from Columbia Circuit. Separate appellees' motion to file belated brief is granted.

05-824. Tommy F. Robinson et al. v. Wildlife Farms, II, LLC et al., from Monroe Circuit. Motion for extension of time to return writ of certiorari is denied without prejudice.

05-883. Tommy F. Robinson et al. v. Bank of Brinkley et al., from Monroe Circuit. Motion for extension of time to return writ of certiorari is denied without prejudice.

05-1080. Jennifer Linder (Johnson) v. The Circuit Court of Cleburne County; The Honorable Tim Weaver, Judge, from Cleburne Circuit. Motion to supplement is granted. Expedited simultaneous briefing on petition for writ of certiorari ordered by noon, Tuesday, November 29, 2005. Glaze, Corbin and Imber, JJ., dissent on issue of stay. (3-PAGE DISSENT + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

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

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

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

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 is granted; request for oral argument denied.

04-789. Stewart Title Guaranty Company v. American Abstract & Title Company, from Pulaski Circuit, Second Division. Request for attorneys fees is denied.

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. Passed until case submitted.

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

05-1174. Mark Harness v. Buddy Curtis, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal is denied without prejudice.

05-1185. Robert Hightower v. Carrel Wade, from Faulkner Circuit. Motion for rule onclerk is denied.

CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion by Jeff Rosenzweig for entry of appearance as counsel is granted.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion to strike state defendants' post-masters' report brief. Motion to be decided with the case.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Movants' motion to take judicial notice. Motion to be decided with the case.

CACR94-1016. Clarence Ashby v. State of Arkansas, from Saline Circuit. Pro se motion for transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-834. Jessie Hill v. State of Arkansas, from Grant Circuit. Pro se motion for reconsideration of motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-932. Corey Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for extension of time. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1062. Jerry Herron v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motions for copy of trial transcript and record and for extension of time to file brief. Motions granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1162. Steven Earl Jordan v. State of Arkansas, from Grant Circuit. Pro se motion for belated appeal. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

05-687. Robert Lee Davis v. Larry Norris et al., from Izard Circuit. 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]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR05-1138. Salvador Ayala v. State of Arkansas, from Washington Circuit.

05-1023. Franklin Davis v. Little Rock School District, from Pulaski Circuit, First Division.

05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. (Appellant)

05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. (Appellee)

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01-836. Lake View School District No. 25, of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Argued orally.

CR04-1212. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellee's second motion to dismiss appeal.

CR05-877. State of Arkansas v. Tiffany Terra Joslin, from Lonoke Circuit. Appellant's motion to decide case without appellee's brief.

CR05-941. Randy Lee Phillips v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR05-1045. James Everett Nelson v. State of Arkansas, from Washington Circuit. Appellee's motion to file supplemental brief.

CR05-1157. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Appellant's motion to supplement the record.

04-473. Lynn Carl Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion for reconsideration.

04-661. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Larry G. Dunklin, an Original Action. Petition for rehearing and clarification.

SUBMISSIONS

CR05-356. Arkansas Game & Fish Commission v. Honorable Harvey L. Yates, Circuit Judge, from Lee Circuit. Argued orally.

CR05-612. State of Arkansas v. Brian Herndon, from Lee Circuit.

04-897. Glen Bashaw et al. v. State of Arkansas, from Drew Circuit.

04-1132. Colby James Verdier et al. v. David Verdier, from Sebastian Circuit, Greenwood District.

04-1333. Billy Dale Johnson v. Green Acres Nursing Home Association et al., from Greene Circuit.

04-1343. Jason V. Burns v. Estate of Noel Cole, Deceased, from Pulaski Circuit, Fifteenth Division.

05-285. Nina Lea Alphin (Surber) v. David Paul Alphin, from Union Circuit.