Opinions delivered
December 1, 2005
DONALD L. CORBIN, JUSTICE:
04-897. Glen Bashaw, Harold D. Goffin Sr., and Monticello Social Club, Inc. v. State of Arkansas, from Drew Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
BETTY C. DICKEY, JUSTICE:
04-1132. Colby James Verdier and Amanda Verdier v. David Verdier, Lynne Verdier, and James Verdier, from Sebastian Circuit, Greenwood District. Affirmed. Motion to Dismiss Appeal Denied. (7 PAGES PUBLISHED) [HTML, WP5.1]
04-1343. Jason V. Burns v. Estate of Noel Cole, from Pulaski Circuit, Fifteenth Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
JIM GUNTER, JUSTICE:
04-1333. Billy Dale Johnson, Executor of the Estate of Gracie Mears, Deceased v. Greene Acres Nursing Home Association, Individually and d/b/a Greene Acres Nursing Home; Paragould Nursing and Rehabilitation Center; Dwight Williams, M.D.; and Mack Shotts, M.D., from Greene Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
05-728. Arkansas Department of Human Services v. Ben and Sharon Bixler, from Van Buren Circuit. Agency Affirmed; Circuit Court Reversed; Court of Appeals Reversed. Hannah, C.J., dissents. (12 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR03-1280. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-1387. DeCarlos Morris v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
05-03. Bobby Michael Friend v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
04-473. Lynn Carl Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Glaze, J., would grant.
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REVIEWS GRANTED: Petitions for review were granted today in the following cases.
CR05-1138. Salvador Ayala v. State of Arkansas, from Washington Circuit. Corbin, J., would deny.
05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. (Appellant) Hannah, C.J., and Corbin, J., would deny.
05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. (Appellee) Hannah, C.J., and Corbin, J., would deny.
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REVIEW DENIED: Petition for review was denied today in the following case.
05-1023. Franklin Davis v. Little Rock School District, from Pulaski Circuit, First Division.
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CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Application for permission to appear as counsel on behalf of petitioner. Application denied. See per curiam this date. Glaze, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR05-950. Jacquelyne Velcoff v. State of Arkansas, from Clark Circuit. Pro se motion to proceed in forma pauperis and for appointment of counsel. Motion granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR04-1212. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellee's second motion to dismiss appeal is granted.
CR05-877. State of Arkansas v. Tiffany Terra Joslin, from Lonoke Circuit. Appellant's motion to decide case without appellee's brief is granted.
CR05-941. Randy Lee Phillips v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal is granted.
CR05-1045. James Everett Nelson v. State of Arkansas, from Washington Circuit. Appellee's motion to file supplemental brief is granted.
04-473. Lynn Carl Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion for reconsideration is denied. Glaze, J., would grant.
04-661. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Larry G. Dunklin, an Original Action. Petition for rehearing and clarification is denied.
04-1132. Colby James Verdier et al. v. David Verdier, from Sebastian Circuit, Greenwood District. Appellee's motion to dismiss appeal is denied. See opinion issued this date.
05-181. Andrew Baxter Low et al. v. Insurance Company of North America et al., from Pulaski Circuit, Second Division. Motion for clarification of time allowed to appellees and cross-appellant for oral argument. Allowed 20 minutes each side; cross-appellant to argue within the 20 minutes allotted to appellee. Special Justices Donna C. Pettus and G. William Lavender join. Glaze and Gunter, JJ., not participating.
CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division. On remand from the United States Supreme Court. Rebriefing ordered. See per curiam issued. (Proceedings of November 18, 2005)
CR01-1172. Larry Darnell Brunson v. State of Arkansas, from Jefferson Circuit. Appellee's motion for release of exhibits. Granted upon substitution of copies. (Proceedings of November 22, 2005)
05-1278. Arkansas Department of Health and Human Services v. Tammy Briley, from Boone Circuit. Motion for temporary stay of contempt sanctions and motion to expedite consideration of motion for temporary stay. Motions granted. (Proceedings of November 22, 2005)
CR99-365. Eric Randall Nance v. State of Arkansas, from Hot Spring Circuit. Application for permission to appear as counsel on behalf of petitioner; motion for stay of execution. Denied. See per curiam issued. Glaze, J., concurs. (Proceedings of November 28, 2005) [HTML, WP5.1]
CR96-605. John Christopher Peeler v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration. Motion denied. 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 to file supplemental pro se brief, for copy of trial transcript, and for permission to file a handwritten supplemental brief. Motion for supplemental brief denied; motions for copy of trial transcript and permission to file handwritten supplemental brief moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-688. Daniel Drabbant v. State of Arkansas, from Jackson Circuit. Pro se motions forappointment of counsel and extension of time to file brief. Motion for appointment of counsel denied; motion for extension of time to file brief moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-885. Brian K. Thomas v. State of Arkansas, from Washington Circuit. Pro se motions for appointment of counsel and for leave to proceed in forma pauperis. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-929. Freddie Ray Walker v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motions for belated appeal and appointment of counsel. Motion for belated appeal denied; motion for appointment of counsel moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-1113. Freddie Carol Baker v. Honorable Tom Keith, Circuit Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR05-1171. Larry D. Foster v. Honorable Robert 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]
CR05-1193. MacArthur Brantley v. State of Arkansas, from Lafayette Circuit. Pro se motion for belated appeal and motion to dismiss. Motion for belated appeal dismissed; motion to dismiss moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Arkansas Lawyers Assistance Program. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
PETITION FOR REHEARING:
05-65. Vassie Gilbert v. Damarcus Moore, from Union Circuit.
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PETITIONS FOR REVIEW:
CR05-1194. William C. Moore v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CR05-1269. Jeff Juckett v. State of Arkansas, from Saline Circuit.
05-1133. Rita Cerniglia et al. v. Frank Cerniglia, from Sebastian Circuit, Fort Smith District.
05-1158. Roxie E. Boyette et al. v. Ray F. Vogelpohl et ux., from Pulaski Circuit, Sixth Division.
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CR04-732. Stanley Isaac Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to publish opinion.
CR05-916. Levester Gillard v. State of Arkansas, from Howard Circuit. Motion to substitute counsel and for extension of time to file brief.
CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion for additional brief time and motion to be relieved as counsel.
CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion for return of belated remand.
04-1053. J. L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to dismiss appellant's appeal as moot.
05-112. Liberty Life Insurance Company et al. v. Deborah McQueen, from Marion Circuit. Appellee's motion to dismiss appeal.
05-527. Farmers Insurance Company, Inc. v. Harry Snowden, from Faulkner Circuit. Motion for reconsideration, to defer consideration of this motion until consideration of the merits, and for permission to file supplemental addendum.
05-861. Van Buren School District v. Steven D. Jones, from Crawford Circuit. Appellee's motion to strike the school district's reply brief.
05-1004. Denise Kaye Chapman et al. v. Ford Motor Company et al., from Baxter Circuit. Appellants' motion to file enlarged brief.
SUBMISSIONS
05-181. Andrew Low et al. v. Insurance Company of North America et al., from Pulaski Circuit, Second Division. Argued orally.
CR04-1240. Steven R. Pinell v. State of Arkansas, from Drew Circuit.
CR05-250. Mertin Fondren v. State of Arkansas, from Crittenden Circuit.
CR05-266. Everett Doyle Welch v. State of Arkansas, from Howard Circuit.
04-1374. Alvin Dwiggins et ux. v. Elk Horn Bank & Trust Company, from Clark Circuit.
05-112. Liberty Life Insurance Company et al. v. Deborah McQueen, from Marion Circuit.
05-127. John Thompson et al. v. Richard E. Fischer, from Prairie Circuit, Southern District.