ARKANSAS COURT OF APPEALS

Opinions delivered
January 11, 2006


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JOHN MAUZY PITTMAN, CHIEF JUDGE:

CACR04-169. Eric Perkins v. State of Arkansas, from Yell Circuit, Southern District. Affirmed. Griffen and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-622. Marcus Barney v. State of Arkansas, from Drew Circuit. Supplementation of Record and Rebriefing Ordered. Griffen and Crabtree, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA05-313. Sheila Lynette Ison v. Southern Farm Bureau Casualty Company and Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Pulaski Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (13 PAGES PUBLISHED) [HTML, WP5.1]

JOSEPHINE LINKER HART, JUDGE:

CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit. Order Issued Relieving Counsel and Appointing Substitute Counsel. Glover and Baker, JJ., agree. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR04-666. Jedadiah S. Smith v. State of Arkansas, from Johnson Circuit. Affirmed; Motion Granted. Glover and Baker, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

ROBERT J. GLADWIN, JUDGE:

CACR04-668. Bonnie Hall v. State of Arkansas, from Johnson Circuit. Affirmed; Motion Granted. Bird and Vaught, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

JOHN B. ROBBINS, JUDGE:

CACR04-706. Theresa Bedford v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Neal and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-63. Timothy Clark Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed; Motion Granted. Neal and Roaf, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

SAM BIRD, JUDGE:

CACR04-804. Tracy L. Ammons v. State of Arkansas, from Crittenden Circuit. Affirmed; Motion Granted. Gladwin and Vaught, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-70. Tario Watkins v. State of Arkansas, from Union Circuit. Motion Denied; Rebriefing Ordered. Gladwin and Vaught, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR05-486. Tracy Lynn Lemon v. State of Arkansas, from Faulkner Circuit. Affirmed. Pittman, C.J., and Crabtree, J., agree. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

DAVID M. GLOVER, JUDGE:

CACR04-999. Joey Lee Gillion v. State of Arkansas, from Crittenden Circuit. Affirmed; Motion Granted. Hart and Baker, JJ., agree. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-95. Robert Lee Turner v. State of Arkansas, from Crittenden Circuit. Affirmed; Motion Granted. Hart and Baker, JJ., agree. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

OLLY NEAL, JUDGE:

CACR04-1134. Artis Lee Willis v. State of Arkansas, from LaFayette Circuit. Motion Denied; Rebriefing Ordered. Robbins and Roaf, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-125. Timothy Cummings v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Roaf, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

LARRY D. VAUGHT, JUDGE:

CACR04-1296. Charles Prichard v. State of Arkansas, from Miller Circuit. Motion Denied. Rebriefing Ordered. Gladwin and Bird, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-213. LaTonya Renee Williams v. State of Arkansas, from Pulaski Circuit. Motion Granted; Affirmed. Gladwin and Bird, JJ., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

TERRY CRABTREE, JUDGE:

CACR04-1299. Michael C. Myers v. State of Arkansas, from Jackson Circuit. RebriefingOrdered. Pittman, C.J., and Griffen, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR05-230. Hezekiah Pierce v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed; Motion Granted. Pittman, C.J., and Griffen, J., agree. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

KAREN R. BAKER, JUDGE:

CACR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit. Motion Denied; Rebriefing Ordered. Hart and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-963. Jason Basham v. State of Arkansas, from Saline Circuit. Rebriefing Ordered. Hart and Glover, JJ., agree. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

ANDREE LAYTON ROAF, JUDGE:

CACR04-594. Danny Lee Geren v. State of Arkansas, from Sebastian Circuit. Affirmed. Robbins and Neal, JJ., agree. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-1347. Christopher Minniefield v. State of Arkansas, from Union Circuit. Affirmed. Robbins and Neal, JJ., agree. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING GRANTED: Petition for Rehearing was granted today in the following case.

CA05-464. Rebecca Causer v. Arkansas Department of Human Services, from Marion Circuit. Supplemental opinion on grant of rehearing. Appeal affirmed. Pittman, C.J., Bird, Griffen, Vaught, and Neal, JJ., agree. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

CA05-224. Harold McManus et al. v. Mickey McDonald et al., from Jefferson Circuit.

CA05-476. Glenda Brotherton v. White River Area Agency on Aging; Federated Mutual Insurance Company, from Workers' Compensation Commission. Robbins, J., would grant.

CA05-537. Craig Campbell et al. v. James B. Carter et al., from Washington Circuit.

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CACR05-262. Jonathan B. Gonder v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal. Denied.

CACR05-336. Terry Joe Cox v. State of Arkansas, from Hot Spring Circuit. Motion of Gregory Crain for attorney's fees is granted. Allowed $1,000.00.

CACR05-1214. Robert Heath Killian v. State of Arkansas, from Union Circuit. Resubmission after remand of motion to withdraw of Robert Jeffrey and motion to be substituted of James Bennett. Granted.

CACR05-1257. Travis Wayne Davis, Jr. v. State of Arkansas, from Lonoke Circuit. Appellant's motion to sever record into two separate cases and for brief time. Granted.

CACR05-1266. Theodore Gipson v. State of Arkansas, from Arkansas Circuit, Southern District. Motion of Dennis R. Molock to withdraw as counsel for appellant and for appointment of counsel. Granted. Brad J. Williams is appointed as counsel for appellant. Appellant's brief due February 20, 2006.

CACR05-1298. Robert Randall Ross v. State of Arkansas, from Hot Spring Circuit. Motion of Benjamin D. Hooten to be appointed as counsel for appellant. Granted.

CACR05-1320. Shelton Thornton v. State of Arkansas, from Pulaski Circuit, First Division. Motion requesting that the Pulaski County Circuit Court's order appointing present appellate counsel be nullified and that new appellate counsel be appointed. Granted. James R. Gowen, Jr., is appointed as counsel for appellant. Appellant's brief due February 20, 2006.

CACR05-1345. Joseph H. Bell v. State of Arkansas, from Greene Circuit. Motion of Grant C. DeProw to withdraw as counsel for appellant. Granted. Kris A. Higdon is appointed as counsel for appellant. Appellant's brief due February 20, 2006.

CACR05-1372. Jerry Eaton v. State of Arkansas, from Greene Circuit. Motion of Joe Holifield to be relieved as counsel for appellant. Granted.

CACR05-1372. Jerry Eaton v. State of Arkansas, from Greene Circuit. Motion of M. Brian Miles to withdraw as counsel for appellant. Granted. Ms. DeeNita Moak is appointed as counsel for appellant. Appellant's brief due February 20, 2006.

CA04-684. Jerrell Yancey v. B & B Supply, from Workers' Compensation Commission. Appellant's motion for costs and penalties. Granted. Allowed $1,000.00 pursuant to Ark. Code Ann. Section 11-9-715(b) (Repl. 2002) for the appeal to this Court.

CA05-543. Richard Watson v. Cargill, Inc., from Workers' Compensation Commission. Appellee's motion to dismiss appeal. Denied. Crabtree, J., not participating.

CA05-543. Richard Watson v. Cargill, Inc., from Workers' Compensation Commission. Appellant's motion to file belated brief. Granted. Brief due within thirty days. Crabtree, J., not participating.

CA05-744. Deann Latiolais v. Arkansas Department of Human Services, from Faulkner Circuit. Appellant's motion for extension of brief time. Granted. Pittman, C.J., would make this the final extension. Bird, Griffen, Vaught, and Crabtree, JJ., would deny.

CA05-915. Ricky Masters et al. v. Arkansas Department of Human Services, from Faulkner Circuit. Appellee's motion to supplement the record is granted. Motion to dismiss appeal is passed until case is submitted.

CA05-996. Robert Glen Bishop v. Suzanne Bishop, from Sebastian Circuit, Fort Smith District. Appellee's amended motion to stay appeal and continuing the briefing schedule. Granted.

E05-295. Sylvia D. Watson-Baker v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal. Denied.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CACR04-490. Charles W. Utley v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CA05-360. Traci Mitchell v. Dr. Lance Lincoln, from Marion Circuit.

CA05-650. Ormond Marshall, Carson Equities, Inc., Houston General Insurance Company, Cunningham Lindsey Claims Management v. Squire Court Limited Partnership, from Workers' Compensation Commission.

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CACR05-33. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion for leave to file expanded reply brief.

CACR05-409. Zeronical Rice v. State of Arkansas, from Saline Circuit. Motion of Dustin D. Dyer for attorney's fees.

CACR05-878. Ricky Justus v. State of Arkansas, from Garland Circuit. Appellant's motion foradditional brief time.

CACR05-1111. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for transcript at public expense.

CACR05-1280. Victor Jamion v. State of Arkansas, from Pope Circuit. Motion of James Dunham to be relieved as attorney for appellant.

CA05-306. Jamie Long v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellant's motion to file belated brief.

CA05-567. Mary E. Lowe et al. v. Owen W. Beard et al., from Lonoke Circuit. Appellees' motion for costs in preparing supplemental abstract.

CA05-1047. Pro Transportation, Inc. v. Volvo Trucks North America, Inc. et al., from Pulaski Circuit, Second Division. Appellant's motion to file enlarged brief.

CA05-1201. Danny Myers v. Wilson Bros. et al., from Saline Circuit. Appellant's motion to supplement the record.

E06-2. LaShonna N. Williams v. Director et al., from Board of Review. Appellant's pro se motion to file belated appeal.

SUBMISSIONS

CA05-343. Calvary Christian School, Inc. v. Ted Huffstuttler, from St. Francis Circuit. Argued orally.

CACR03-1361. Robert Shawn Soto v. State of Arkansas, from Benton Circuit.

CACR04-307. Bedri Beqiri v. State of Arkansas, from Pulaski Circuit, First Division.

CACR04-1124. Carla Rajean Pigeon v. State of Arkansas, from Benton Circuit.

CACR05-189. John Steer v. State of Arkansas, from Yell Circuit, Northern District.

CACR05-398. Wesley Wilson v. State of Arkansas, from Saline Circuit.

CACR05-483. Dennis Cameron v. State of Arkansas, from Garland Circuit.

CACR05-554. Raymond R. Douglas v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CACR05-597. Angela Denise Wilson v. State of Arkansas, from Crawford Circuit.

CA05-271. Eugene Frye v. Arkansas Department of Human Services, from Washington Circuit.

CA05-428. Stanley McTigrit v. Lisa Kay McTigrit Wright, from Arkansas Circuit, Northern District.

CA05-446. Cynthia Lemons Grady v. John C. Lemons, from Howard Circuit.

CA05-484. James M. Rogers et al. v. State of Arkansas, from Hot Spring Circuit.

CA05-567. Mary E. Lowe et al. v. Owen W. Beard et al., from Lonoke Circuit.

CA05-683. Jim Wright et ux. v. City of Little Rock et al., from Pulaski Circuit, First Division.

CA05-693. Aletha Rollins et al. v. Benton Rollins, from Ouachita Circuit.

CA05-734. Cottage Cafe, Inc. v. Patricia Collette, from Workers' Compensation Commission.

CA05-750. Hyonsuk Fusaro v. Zaio's Hardwood Floors, from Pulaski Circuit, Sixth Division.

CA05-784. Advanced Auto Parts et al. v. DeLois Lee, from Workers' Compensation Commission.

CA05-786. Vada Lindsey v. Foreman School District et al., from Workers' Compensation Commission.

CA05-799. Christina Heinley Inmon v. Brad Heinley, from Hot Spring Circuit.

CA05-822. St. Vincent Health Systems et al. v. Doris James, from Workers' Compensation Commission.

CA05-830. Wal-Mart Stores, Inc. et al. v. Suzanne Maguire, from Workers' Compensation Commission.

CA05-867. Wal-Mart Stores, Inc. et al. v. Ronald W. Jackson, from Workers' Compensation Commission.

The following cases are appeals from the Arkansas Board of Review.

E05-186. Mary Elizabeth Paul v. Director et al.

E05-187. Joseph B. Jones, Jr. v. Director et al.

E05-188. Char'lette R. Yancey v. Director et al.

E05-189. Dena Ford v. Director et al.

E05-190. Docustore, Inc. v. Director et al.

E05-191. Igusta Crutchfield v. Director et al.

E05-192. Linda Jamison v. Director et al.

E05-193. Brooke N. Lawson v. Director et al.

E05-194. Monique D. Lindsey v. Director et al.

E05-195. Joleen E. Pruitt v. Director et al.

E05-196. Layton V. Hartley v. Director et al.

E05-197. Jeremy Barry v. Director et al.