ARKANSAS SUPREME COURT

Opinions delivered
January 5, 2006


Download ZIP file containing today's published WP5.1 files.
Download ZIP file containing today's unpublished WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

JIM HANNAH, CHIEF JUSTICE:

CR04-1368. Warren Camp v. State of Arkansas, from Benton Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

05-310. Charles Lawrence v. City of Texarkana, Arkansas, and Texarkana, Arkansas Fire Department, from Miller Circuit. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

04-358. Angelia Hackelton, Administrator of the Estate of Lois Ray, Deceased v. Mark J. Malloy, M.D., Mark J. Malloy, M.D., P.A., Dennis Yelvington, M.D., Et Al., from Monroe Circuit. Affirmed in Part; Reversed in Part and Remanded. Glaze and Imber, JJ, concur. (11 PAGES + 11-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

P>05-533. Carol Henry, Michael Henry, and Regina Beeman v. Darren Buchanan and Dawn Buchanan, from Washington Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed; Motion to Withdraw Granted. (7 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

CR05-250. Mertin Fondren v. State of Arkansas, from Crittenden Circuit. Affirmed. Hannah, C.J., and Imber, J., dissent. (7 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

CR05-472. Wallace A. Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

04-1086. Randall Thomas McArty v. Henry Morgan, Prosecuting Attorney, from Clark Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

*****************************

REVIEW GRANTED: Petition for review was granted today in the following case.

05-1192. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit.

*****************************

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

05-1240. Jeffery Ashcraft v. Headlee's Industrial Company, Inc., from Workers' Compensation Commission.

05-1249. Dianna Larsen v. Family Dollar Stores of Arkansas, Inc., from Crittenden Circuit.

05-1273. Riverside Marine Remanufacturers, Inc. v. Patrick J. Booth et ux., from Pulaski Circuit, Seventh Division.

*****************************

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

CR05-1157. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Motion to be relieved as counsel and for additional time to file brief is granted.

CR05-1157. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Renewed motion for entry of appearance and for extension of time to file brief is granted.

CR05-1331. Jacob Matthew Price v. State of Arkansas, from White Circuit. Appellant's motion to dismiss appeal is granted.

04-198. Charles Crosser et ux. v. James Henson, from Craighead Circuit, Western District. Motion to release exhibits to appellants. Granted upon substitution of copies.

05-394. Katherine B. Fryar v. Touchstone Physical Therapy, Inc., and Michael Teston, Individually, from Pulaski Circuit, Seventh Division. Rebriefing ordered. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

05-940. Michael Roe v. Arkansas Department of Correction et al., from Pulaski Circuit, Third Division. Motion to amend brief is granted.

05-1004. Denise Kaye Chapman et al. v. Ford Motor Company et al., from Baxter Circuit. Appellants' motion to supplement the record is granted.

05-1149. James B. Hanks, MPH v. Jane Marie Sneed et al., from Pulaski Circuit, Twelfth Division. Pro se motion to correct the record, motion for stay of judgment pending appeal, and motion for appellant's relief. Motions denied.

05-1351. Charlie Daniels, as Secretary of State for the State of Arkansas v. Jodi Raines Dennis, from Pulaski Circuit, Sixth Division. Joint motion for expedited consideration of proceedings is granted; Clerk to set abbreviated briefing schedule. Dickey, J., not participating.

05-1370. Brenda Watts, as Power of Attorney for Frieda Marie Helmich v. Honorable Robert Bynum Gibson, Jr., Circuit Judge, from Bradley Circuit. Motion for expedited consideration is granted; motion for stay pending appeal is denied.

05-1370. Brenda Watts, as Power of Attorney for Frieda Marie Helmich v. Honorable Robert Bynum Gibson, Jr., Circuit Judge, from Bradley Circuit. Appellees' motion to supplement the record on appeal. Moot.

05-829. Beverly Enterprises, Inc. et al. v. Vera Cooney et al., from Saline Circuit. Appellants' motion to extend the stay of appellate proceedings is denied.

CR94-358. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se petition for writ of mandamus. Petition treated as motion to set date for execution of sentence and other relief and declared moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1041. Raymond Walters v. State of Arkansas, from Garland Circuit. Pro se motion for transcript at state expense. Motion denied. 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 to file belated brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-951. Randall Thomas McArty v. State of Arkansas, from Clark Circuit. Pro se petition for certiorari to complete the record and motion to amend petition. Appeal dismissed; petition and motion moot. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR05-1112. Charles Rodgers v. State of Arkansas, from Phillips Circuit. Pro se motion for copy of record and extension of time to file brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1163. Jeffrey D. Morgan v. State of Arkansas, from Miller Circuit. Pro se motion to proceed with appeal. Motion treated as motion for rule on clerk and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1207. Adrian Louis Carner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for belated appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR05-1209. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit.

CR05-1288. Torry Dontae Timmons v. State of Arkansas, from Arkansas Circuit, Northern District.

CR05-1297. Sheila Dianne Besly v. State of Arkansas, from Lonoke Circuit.

05-1270. Clifford Castor v. Southfork Café et al., from Workers' Compensation Commission.

05-1271. Shirley Wells v. Wal-Mart Stores, Inc. et al., from Workers' Compensation Commission.

05-1289. David G. Coffee et ux. v. Gary Zolliecoffer et ux., from Franklin Circuit, Northern District.

05-1300. Edward Zane Fair et ux. v. LEDC, LLC, from Independence Circuit.

05-1311. Arkansas Department of Human Services v. Marzell Hampton, from Pulaski Circuit, Seventh Division.

*****************************

CR05-945. Robert L. Darrall, Jr. v. State of Arkansas, from Lonoke Circuit. Appellee's motion to dismiss appeal.

CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion for reconsideration of motion to withdraw as attorney and motion for extension of brief time.

CR05-1247. Joe Newton v. State of Arkansas, from Ashley Circuit. Appellant's motion to supplement the record and extension of time to file brief.

CR05-1285. Eric Randall Nance v. State of Arkansas, from Hot Spring Circuit. Motion to dismiss.

CR05-1295. Hubert Corbin v. State of Arkansas, from Jefferson Circuit. Motion of John W. Cone to be relieved as attorney of record.

CR05-1342. Robert Lee Williams, Jr. v. State of Arkansas, from Nevada Circuit. Motion for rule on clerk.

CA05-366. Kelley Moiser v. Arkansas Department of Human Services, from Cleburne Circuit. Motion to file belated notice of appeal, or alternatively, motion to file response brief arguing against the trial court.

CA05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Appellees' motions to dismiss appeal.

05-680. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Motion to file belated supplemental reply brief.

05-814. Arkansas Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Motion by the American Psychological Association; Arkansas Psychological Association; National Association of Social Workers; and National Association of Social Workers, Arkansas Chapter, to file an amicus curiae brief.

05-814. Arkansas Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Motion by Lambda Legal Defense and Education Fund, Inc.; Children of Lesbians & Gays Everywhere; Family Pride; Human Rights Campaign; Human Rights Campaign Foundation; National Gay & Lesbian Task Force; Parents, Families & Friends of Lesbians & Gays; and Stonewall Democractic Club of Arkansas to file a brief amici curiae in support of appellees.

05-814. Arkansas Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Motion by the Child Welfare League of America and The Evan B. Donaldson Adoption Institute to file brief amicus curiae in support of appellees.

05-814. Arkansas Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Motion by the Arkansas Affiliate Office of the National Conference for Community and Justice; Larry E. Maze, Bishop of the Episcopal Diocese of Arkansas; Professor John M.A. DiPippa; and Professor Adjoa A. Aiyetoro, to file a brief amici curiae in support of appellees.

05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. Appellants' motion to file supplemental brief.

05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. Motion of separate appellee, Builders' Association Outstates Insurance Plan, to file supplemental brief.

05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. Motion of separate appellee, Missouri Employers Mutual Insurance Company, to file belated brief.

05-1282. Michael A. Hayes v. Honorable Mackie Pierce, Circuit Judge, from Pulaski Circuit, Seventeenth Division. Motion to supplement the record and set briefing for appeal.

05-1291. Kathy Harrison et al. v. Sandra Latimer, from Carroll Circuit, Western District. Appellant's motion to dismiss appeal.

05-1332. Jason M. Knight v. State of Arkansas, from Logan Circuit, Northern District. Motion for rule on clerk.

05-1332. Jason M. Knight v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion to dismiss appeal.

05-1333. Renovators, Inc. v. Waterfront Property Management, Inc., from Garland Circuit. Appellee's motion to dismiss appeal.

05-1334. Eric Hardin et ux. v. City of Little Rock Planning Commission et al., from Pulaski Circuit, Second Division. Appellees' motion to dismiss appeal.

05-1360. Kathy Hairgrove v. Hussian B. Oden, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk.

05-1367. Johnny Weaver et al. v. James F. Valley et al., from Phillips Circuit. Motion to expedite appeal; to expedite the preparation of the transcript and other relief.

SUBMISSIONS

04-1163. Miller Brewing Company v. Ed Roleson, Jr., Inc., from Crittenden Circuit. Argued orally.

CR05-552. Jerry James Ellis v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR05-754. Donald V. Saul v. State of Arkansas, from Benton Circuit.

CR05-877. State of Arkansas v. Tiffany Terra Joslin, from Lonoke Circuit.

05-105. Maxine Ball v. Phillips County Election Commission, from Phillips Circuit.

05-400. Nancy Stuart v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

05-412. Ronald J. White et al. v. Jerry McGowen et al., from Washington Circuit.