ARKANSAS SUPREME COURT

Opinions delivered
December 8, 2005


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JIM HANNAH, CHIEF JUSTICE:

CR05-266. Everett Doyle Welch v. State of Arkansas, from Howard Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

05-285. Nina Lea Alphin (Surber) v. David Paul Alphin, from Union Circuit. Affirmed. Dickey, J., dissents. (12 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-1374. Alvin Dwiggins and Rebecca Dwiggins v. Elk Horn Bank & Trust Company, from Clark Circuit. Appeal Dismissed. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR04-1240. Steven Pinell v. State of Arkansas, from Drew Circuit. Affirmed. Dickey, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

05-7. State of Arkansas Office of Child Support Enforcement v. Jason Morgan, from Ashley Circuit. Affirmed as Modified. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

05-112. Liberty Life Insurance Company v. Deborah McQueen, from Marion Circuit. Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-1023. Charles E. Johnson v. State of Arkansas, from Ouachita Circuit. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-381. Dashujuahn Danzie v. State of Arkansas, from Union Circuit. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1384. Arthur Bledsoe, Jr. v. State of Arkansas, from Mississippi Circuit, OsceolaDistrict. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-1386. Benny Hulsey v. State of Arkansas, from Benton Circuit. Reversed and Remanded. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

05-65. Vassie Gilbert v. Damarcus Moore, from Union Circuit.

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

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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CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Respondent's motion for compliance. Motion as to Federal Public Defender is moot. Appellant has 15 days to file reply brief. Glaze, J., concurs.

05-1080. Jennifer Linder (Johnson) v. Honorable Timothy Weaver, Circuit Judge, from Cleburne Circuit. Certiorari granted. See per curiam opinion. Glaze, J., concurs. (Proceedings of December 5, 2005)

CR05-1157. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Appellant's motion to supplement the record is granted. Motion of Jeff Rosenzweig for entry of appearance is denied without prejudice until motion to be relieved is filed by James Troy Gaston. Glaze, J., would grant.

CR04-732. Stanley Isaac Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to publish opinion is granted.

CR05-916. Levester Gillard v. State of Arkansas, from Howard Circuit. Motion to substitute counsel is denied; granted 30 day brief time extension.

CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion to be relieved as counsel is denied; granted 30 day brief time extension. Motion for return of belated remand is granted.

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 is granted. Brown and Imber, JJ., not participating.

05-112. Liberty Life Insurance Company v. Deborah McQueen, from Marion Circuit. Appellee's motion to dismiss appeal is moot. See opinion issued this date.

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. Motion to supplement the record and file supplemental addendum granted; passed until case submitted.

05-861. Van Buren School District v. Steven D. Jones, from Crawford Circuit. Appellee's motion to strike the school district's reply brief. Passed until case submitted.

05-1004. Denise Kaye Chapman et al. v. Ford Motor Company et al., from Baxter Circuit. Appellants' motion to file enlarged brief. Moot.

CR05-939. Ronald Donell McJames v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-1068. Michael Jones v. State of Arkansas, from Hempstead Circuit. Pro se motion for rule on clerk, copy of record, and appointment of counsel. Motion for rule on clerk denied; motions for copy of record and appointment of counsel moot. See per curiam this date. Gunter, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

05-451. Joseph M. Willard v. Larry Norris et al., from Boone Circuit. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit.

04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit.

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

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CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Motion to supplement the record.

CR05-1293. Lorenzo Benitez v. State of Arkansas, from Miller Circuit. Motion for rule on clerk.

04-393. Melissa Lee West v. James Edward West, from Hempstead Circuit. Appellee's motion for attorney's fees.

04-1278. City of Fort Smith, Arkansas v. Lee Hackler et ux., from Crawford Circuit, and

05-198. City of Fort Smith, Arkansas v. J.D. Carter et al., from Crawford Circuit. Motion by Central Arkansas Water to file brief as amicus curiae in support of the City of Fort Smith's petitions for rehearing.

05-90. Health Facilities Management Corporation et al. v. Mary E. Hughes, from Pulaski Circuit, Fifth Division. Motion and amended motion for supersedeas.

05-722. Skit International, Ltd. v. DAC Technologies of Arkansas et al., from Pulaski Circuit, Second Division. Motion for release of exhibits.

CA05-748. Johnny Mack v. Luther Sutter et al., from Pulaski Circuit, Sixth Division. Appellant's motion to transfer to Supreme Court and request for oral argument.

05-827. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Motion to supplement the abstract and file a substituted brief.

05-1246. Michael S. McCarthy v. Honorable James M. Moody, Jr., Circuit Judge, from Pulaski Circuit, Sixth Division. Motion for temporary relief and petition for writ of prohibition.

05-1282. Michael A. Hayes v. Honorable Mackie Pierce, Circuit Judge, from Pulaski Circuit, Seventeenth Division. Petition for writ of mandamus.

05-1286. Earl Moore v. Maria Moore, from Pulaski Circuit, Seventeenth Division. Motion for rule on clerk.

SUBMISSIONS

CR05-788. Denise Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

04-358. Angelia Hackelton et al. v. Mark J. Malloy, M.D. et al., from Monroe Circuit.

05-123. Deborah J. Thomas v. Dale Olson et al., from Sebastian Circuit, Fort Smith District.

05-163. Waco Watts et al. v. Searcy County Board of Elections, from Searcy Circuit.

05-183. Arkansas Residential Assisted Living Association, Inc. et al. v. Arkansas Health Services Permit Commission et al., from Pulaski Circuit, First Division.

05-290. Asbury Automotive Used Car Center, L.L.C. v. Patric Brosh et al., from Washington Circuit.

05-365. Todd Elsner, D.C. v. Farmers Insurance Group, Inc., from Benton Circuit.