Opinions delivered
January 19, 2006
DONALD L. CORBIN, JUSTICE:
05-143. Bobby Pilcher v. Suttle Equipment Company; Blount International; and AFEX Fire Suppression Systems, from Hot Spring Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
05-203. William House v. Volunteer Transport, Inc ., from Miller Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]
BETTY C. DICKEY, JUSTICE:
CR04-920. Micah Lamar Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
JIM GUNTER, JUSTICE:
CR05-792. Gregory E. Price v. State of Arkansas, from Saline Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]
04-1163. Miller Brewing Company v. Ed Roleson, Jr., Inc., from Crittenden Circuit. Affirmed. Glaze, J., concurs in part and dissents in part. (17 PAGES + 2-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR03-1451. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-151. Michael Jay Venis v. State of Arkansas, from Benton Circuit. Reversed and Remanded. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-237. Theodore R. Steele v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
05-222. Charles Whitfield v. David White, Warden, Richard Wimberly, Chief of Security, from Jefferson Circuit. Affirmed. Corbin, J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
05-181. Andrew Low et al. v. Insurance Company of North America et al., from Pulaski Circuit, Second Division. Glaze and Gunter, JJ., not participating.
05-183. Arkansas Residential Assisted Living Association, Inc. et al. v. Arkansas Health Services Permit Commission et al., from Pulaski Circuit, First Division. Dickey, J., not participating.
*****************************
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
05-1319. Richard Kimbell v. Association of Rehab Industry & Business et al., from Workers' Compensation Commission. Glaze, J., would remand to Commission.
05-1353. Tony Moncus, Deceased v. Billingsley Logging et al., from Workers' Compensation Commission.
*****************************
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR05-1301. Allen Jason Wooten v. State of Arkansas, from Ouachita Circuit.
05-1355. Randy Carver v. Pam Carver, from Pulaski Circuit, Thirteenth Division. Imber, J., would grant.
*****************************
CA05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for recusal and transfer to the Supreme Court. Motion to transfer to the Supreme Court is granted. Chief Justice Jim Hannah declines to recuse. Justice Tom Glaze declines to recuse. Justice Donald Corbin declines to recuse. Justice Robert Brown declines to recuse. Justice Annabelle Clinton Imber declines to recuse.
CA05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Appellees' motions to dismiss appeal. Passed until case submitted.
05-1360. Kathy Hairgrove v. Hussian B. Oden, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk. Remanded. See per curiam this date. Gunter, J., would grant. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR05-1022. Michael A. Clark v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal is granted. See Velek v. State, Ark. S.W.3d ___ (January 12, 2006, CR05-783).
CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Appellant's motion to supplement abstract is granted.
CR05-699. Timothy L. Howard v. State of Arkansas, from Little River Circuit. Appellee's motion to file enlarged brief is granted. Corbin, J., not participating.
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 is denied. Brown and Imber, JJ., not participating.
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. Motion for costs granted; fees considered upon submission of affidavit. Brown and Imber, JJ., not participating.
05-127. John Thompson et al. v. Richard E. Fischer, from Prairie Circuit, Southern District. Appellants' motion for costs is granted.
05-680. Crawford County, Arkansas v. Dottie Jones, from Crawford Circuit. Appellee's motion for imposition of attorney fees and costs. Passed until case submitted.
05-829. Beverly Enterprises, Inc. et al. v. Vera Cooney et al., from Saline Circuit. Appellants' motion to dismiss appeal is granted.
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 is denied.
05-987. Reginald Early v. Correctional Medical Services, Inc. et al., from Lincoln Circuit. Appellees' motion to dismiss appeal is granted.
05-1370. Brenda Watts v. Honorable Robert Bynum Gibson, Jr., Circuit Judge, from Bradley Circuit. Appellant's motion to dismiss appeal is granted.
CR94-238. Craig Keith Hillard v. State of Arkansas, from Phillips Circuit. Pro se motion for access to trial transcript for thirty days. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR04-621. David Anderson v. State of Arkansas, from Greene Circuit. Pro se motion to challenge and make record. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-494. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se motion for extension of time to file reply brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR05-662. Lee Edward Stokes v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for reconsideration. Motion denied. 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 motion for reconsideration of motions for belated appeal and appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-1101. Charles Whitfield v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to duplicate appellant's brief at public expense. Appeal dismissed; motion moot. See per curiam this date. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-1162. Steven Earl Jordan v. State of Arkansas, from Grant Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-1165. Charles Harvest Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for copy of appellate record and extension of time to file brief and motion for writ of error. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-1325. Joe E. Morgan v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for belated appeal. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR05-1329. Windell McClain a/k/a Seiyid Jihad Mateen v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion to supplement the record and extension of time to file appellant's brief. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Proposed Supreme Court Rule 4-7. Briefs in Postconviction and Civil Appeals Where Appellant is Incarcerated and Proceeding Pro Se. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Arkansas Lawyer Assistance Program Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
We appoint Honorable Kathleen Bell, Circuit Judge, of West Helena, James E. Smith, Jr., Esq., of Little Rock, and Ms. Melissa Carroll of Fayetteville to the Arkansas Lawyers Assistance Program Committee for six-year terms which will conclude on February 28, 2012. The Court thanks these committee members for their willingness to accept reappointment to this important committee.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CR06-1. Gary Anderson v. State of Arkansas, from Saline Circuit.
05-1316. Ingrid Cowan v. Ellison Enterprises, Inc., from Pope Circuit.
05-1339. Gayla Webb v. Jason I. Stuart, from Sebastian Circuit, Fort Smith District.
05-1357. Southwestern Bell Telephone, L.P. v. Director of Arkansas Employment Security Department et al., from Board of Review.
05-1374. D.B.&J. Holden Farms Limited Partnership et al. v. Arkansas State Highway Commission, from Jackson Circuit.
05-1390. Rosa Owen v. Continental Insurance Company, from Washington Circuit.
05-1395. Katheryn Neves da Rocha and Mateus Neves da Rocha v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.
*****************************
CR05-489. Terry Lynn Huey v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CR05-753. Myron A. Woods v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal.
CR05-1076. Paul Mashburn v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.
CACR05-1092. Dennis Richard Harrington v. State of Arkansas, from Lonoke Circuit. Appellant's motion to certify to the Supreme Court.
CR05-1126. Jimmie Lee Dyas v. State of Arkansas, from Little River Circuit. Appellee's motion to dismiss appeal.
CR05-1176. Barnard Hale v. State of Arkansas, from Bradley Circuit. Appellee's motion to dismiss appeal.
CR05-1196. Jeffrey Alan Swinford v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal.
CR06-23. Garrick Ashley v. State of Arkansas, from Jefferson Circuit. Motion to be relieved as attorney of record.
04-1213. Scipio Johnson v. Bonds Fertilizer, Inc. et al., from Workers' Compensation Commission. Appellant's motion to reconsider denial of oral argument.
05-1395. Katheryn Neves da Rocha and Mateus Neves da Rocha v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellants' motion for stay of mandate.
06-6. Arkansas Department of Health and Human Services v. Honorable Vann Smith, Circuit Judge, from Pulaski Circuit, Fourteenth Division. Petitioner's motion to correct and supplement the record.
06-25. Ben Williams v. Peoples Bank of Paragould, Arkansas et al., from Clay Circuit, Western District. Motion for rule on clerk.
SUBMISSIONS
CR04-1379. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Argued orally.
CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit.
CR05-302. Erich L. Diemer v. State of Arkansas, from Lincoln Circuit.
CR05-677. Alan Ray Cluck v. State of Arkansas, from Crawford Circuit.
CR05-1138. Salvador Ayala v. State of Arkansas, from Washington Circuit.
05-251. Quality Optical of Jonesboro, Inc. v. Trusty Optical, LLC et al., from Craighead Circuit, Western District.
05-660. Arthur Lewis et ux. v. Al M. Crelia et al., from Pope Circuit.