ARKANSAS SUPREME COURT

Opinions delivered
January 12, 2006


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JIM HANNAH, CHIEF JUSTICE:

05-412. Ronald J. White and Robert White v. Jerry McGowen and Marcia A. McGowen et al., from Washington Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR05-783. Steven R. Velek and David J. Velek v. State of Arkansas (City of Little Rock), from Pulaski Circuit, Seventh Division. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

05-400. $735 in U.S. Currency, Nancy Stuart v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed; Court of Appeals Reversed. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR05-552. Jerry James Ellis v. State of Arkansas, from Pulaski Circuit, Fourth District. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR05-788. Denise Wilson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Hannah, C.J., concurs. (14 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CR05-877. State of Arkansas v. Tiffany Terra Joslin, from Lonoke Circuit. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

04-1263. Guy Bobo and Nellie Bobo v. David W. Jones, The Estate of Clinton D. Jones, Deceased, Dorothy Jones, A.G. Martin, Jr., Billie C. Jones, and Clinton C. Jones, from Hempstead Circuit. Affirmed. Special Justice J. Leon Johnson joins. Hannah, C.J., and Imber, J., concur. Gunter, J., not participating. (6 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

05-105. Maxine Ball v. Phillips County Election Commission, from Phillips Circuit. Appeal Dismissed. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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.

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

CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Upon remand of findings of fact on attorney error. Action referred to the Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion to be relieved and extension of time is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

CR05-1342. Robert Lee Williams, Jr. v. State of Arkansas, from Nevada Circuit. Motion for rule on clerk is granted. See per curiam this date. Brown, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

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 is denied.

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

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 is granted.

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 is granted.

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 is granted.

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 is granted.

05-1135. Jones Brothers, Inc. et al. v. Journagan Construction Company et al., from Workers' Compensation Commission. Appellants' motion to file supplemental brief is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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. Moot.

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

05-1332. Jason M. Knight v. State of Arkansas, from Logan Circuit, Northern District. Motion for rule on clerk withdrawn; appellant's motion to dismiss appeal moot.

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

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 is dismissed without prejudice. Imber, J., not participating.

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. Motion to expedite is granted. Writ of certiorari to complete the record issued to court reporter; returnable within 30 days.

06-6. Arkansas Department of Health and Human Services v. Honorable Vann Smith, Circuit Judge, from Pulaski Circuit, Fourteenth Division. Motion to expedite and motion for temporary relief and stay. Motions granted. Petition for writ of prohibition or, in the alternative, writ of certiorari to be submitted as a case.

CR83-94. Rodney Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of petition to reinvest jurisdiction in circuit court to consider a petition for writ of error coram nobis and a petition for writ of habeas corpus. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-456. Robert Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. Dickey, J., not participating. (3 PAGES UNPUBLISHED)

CR98-1180. Michael A. Davis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR05-504. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Pro se motion to compel counsel to file substituted brief. Motion denied; appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-894. Robert Lee Stewart v. State of Arkansas, from Benton Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1042. Archie Ross v. State of Arkansas, from Crittenden Circuit. Pro se motions for access to record and for extension of time to file brief. Motion for access to the record granted; motion for extension of time granted in part and denied in part. 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 motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-1265. Troy Wayne Love v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1307. Urbin Lopez Perez v. State of Arkansas, from Carroll Circuit, Western District. Pro se motion for belated appeal and for writ of certiorari. Motion treated as motion for rule on clerk and denied; request for writ of certiorari moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

05-135. Bufford McDonald v. Larry Norris et al., from Izard Circuit. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

05-687. Robert Lee Davis v. State of Arkansas et al., from Izard 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:

05-181. Andrew Low et al. v. Insurance Company of North America et al., from Pulaski Circuit, Second Division.

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

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PETITIONS FOR REVIEW:

CR05-1301. Allen Jason Wooten v. State of Arkansas, from Ouachita Circuit.

05-1319. Richard Kimbell v. Association of Rehab Industry & Business et al., from Workers' Compensation Commission.

05-1353. Tony Moncus, Deceased v. Billingsley Logging et al., from Workers' Compensation Commission.

05-1355. Randy Carver v. Pam Carver, from Pulaski Circuit, Thirteenth Division.

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CR05-1022. Michael A. Clark v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Appellant's motion to supplement abstract.

CR05-699. Timothy L. Howard v. State of Arkansas, from Little River Circuit. Appellee's motion to file enlarged brief.

04-1053. J. L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion and amended motion for reconsideration and other relief.

04-1053. J. L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Certain appellees' motion for the imposition of an award of attorneys fees and costs as sanctions against the appellant.

05-127. John Thompson et al. v. Richard E. Fischer, from Prairie Circuit, Southern District. Appellants' motion for costs.

05-680. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Appellee's motion for imposition of attorney fees and costs.

05-829. Beverly Enterprises, Inc. et al. v. Vera Cooney et al., from Saline Circuit. Appellants' motion to dismiss appeal.

CA05-846. FMCO Promotions d/b/a Air Charter Express v. Pratt & Whitney Engine Services, Inc., from Stone Circuit. Appellant's motion to reassign to Supreme Court.

05-987. Reginald Early v. Correctional Medical Services, Inc. et al., from Lincoln Circuit. Appellees' motion to dismiss appeal.

05-1370. Brenda Watts v. Honorable Robert Bynum Gibson, Jr., Circuit Judge, from Bradley Circuit. Appellant's motion to dismiss appeal.

SUBMISSIONS

05-254. Ricky Wallace v. West Fraser South, Inc. et al., from Workers' Compensation Commission. Argued orally.

CR04-920. Micah Lamar Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR05-792. Gregory E. Price v. State of Arkansas, from Saline Circuit.

04-430. Baptist Health v. Bruce E. Murphy, M.D. et al., from Pulaski Circuit, Thirteenth Division.

05-143. Bobby Pilcher v. Suttle Equipment Company et al., from Hot Spring Circuit.

05-203. William House v. Volunteer Transport, Inc., from Miller Circuit.

05-631. Russellville Police Pension and Retirement Board v. Don Johnson et al., from Pope Circuit.