ARKANSAS SUPREME COURT

Opinions delivered
January 26, 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Download ZIP file containing today's unpublished WP5.1 files.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:

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR05-302. Erich L. Diemer v. State of Arkansas, from Lincoln Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

05-254. Ricky Wallace v. West Fraser South, Inc., and American Manufacturers Mutual Insurance Company, from Arkansas Workers' Compensation Commission. Reversed; Court of Appeals Affirmed. Brown, J., concurs. (11 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR05-754. Donald Vern Saul v. State of Arkansas, from Benton Circuit. Affirmed; Court of Appeals Reversed. Hannah, C.J., concurs. (18 PAGES + 10-PAGE CONCURRENECE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

05-631. Russellville Police Pension and Retirement Board v. Don Johnson, In His Official Capacity as Pope County Clerk and Rita Chandler In Her Official Capacity as Pope County Collector, from Pope Circuit. Affirmed. Hannah, C.J., and Brown, J., dissent. (7 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

BETTY C. DICKEY, JUSTICE:

05-251. Quality Optical of Jonesboro, Inc. v. Trusty Optical, L.L.C., and Marvin Franklin Trusty, Jr., from Craighead Circuit, Western District. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR04-621. David Anderson v. State of Arkansas, from Greene Circuit. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR06-01. Gary Anderson v. State of Arkansas, from Saline Circuit.

05-1316. Ingrid Cowan v. Ellison Enterprises, Inc., from Pope Circuit. Imber, J., would grant.

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. Imber, J., not participating.

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. Glaze, J., not participating.

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 is granted.

CR05-753. Myron A. Woods v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal is granted.

CR05-1076. Paul Mashburn v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is granted.

CACR05-1092. Dennis Richard Harrington v. State of Arkansas, from Lonoke Circuit. Appellant's motion to certify to the Supreme Court is denied.

CR05-1126. Jimmie Lee Dyas v. State of Arkansas, from Little River Circuit. Appellee's motion to dismiss appeal is granted.

CR05-1176. Barnard Hale v. State of Arkansas, from Bradley Circuit. Appellee's motion todismiss appeal is granted.

CR05-1196. Jeffrey Alan Swinford v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal is granted.

CR06-23. Garrick Ashley v. State of Arkansas, from Jefferson Circuit. Motion to be relieved as attorney of record is granted.

04-1213. Scipio Johnson v. Bonds Fertilizer, Inc. et al., from Workers' Compensation Commission. Appellant's motion to reconsider denial of oral argument is denied.

05-459. Pro-Comp Management, Inc. et al. v. R.K. Enterprises, LLC et al., from Washington Circuit. Rebriefing ordered. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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 is granted; request to waive fee denied.

06-06. 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. Granted 30 days.

06-25. Ben Williams v. Peoples Bank of Paragould; Consolidated Grain and Barge Company, from Clay Circuit, Western District. Motion for rule on clerk. Granted in part; denied in part. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR05-648. Edward Loveless v. State of Arkansas, from Pope Circuit. Pro se motion for reconsideration of motion to stay the appeal, petition for writ of certiorari, and petition for joinder. Motion for reconsideration denied; petitions moot; appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-834. Jessie Earl Hill III v. State of Arkansas, from Grant Circuit. Pro se motion for transcript to prepare appellant's brief. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-932. Corey Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. 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. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR05-1232. James Goodin v. State of Arkansas, from Garland Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiamthis date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1294. Millard Russey v. Honorable John Thomas, Circuit Judge, from Clark Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR06-03. Billy Dale Green v. State of Arkansas, from Randolph Circuit. Pro se motion for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR06-10. Ricky L. Scott v. State of Arkansas, from Cross Circuit. Pro se motion for rule on clerk to lodge record. Motion denied. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

06-21. Charles Dennis Young v. Angela Black, from Pulaski Circuit, Sixteenth Division. Pro se motion to proceed in forma pauperis. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

05-310. Charles Lawrence v. City of Texarkana, Arkansas et al., from Miller Circuit.

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

PETITION FOR REVIEW:

05-1363. Tatum Gangi v. Jody Edmonds, from Lincoln Circuit.

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

CR05-898. Christy Suzanne Vidos v. State of Arkansas, from Boone Circuit. Appellant's motion to file an enlarged brief.

04-1053. J.L. Wilson v. Eugene G. Sayre et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion for extension of time to respond, request for recall, and request for appointment of master.

05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for extension of time to file amended addendum.

05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. University of Arkansas Fort Smith's motion for contempt citation.

05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Petition of appellee, University of Arkansas Fort Smith, for certiorari to complete the record and for extension of time to file reply brief.

05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Fort Smith School District's motion to adopt University of Arkansas Fort Smith's petition for certiorari to complete record and for extension of time to file reply brief.

05-814. Department of Human Services et al. v. Matthew Lee Howard et al., from Pulaski Circuit, Sixth Division. Unopposed motion of the Child Welfare League of America, The Evan B. Donaldson Adoption Institute, and Arkansas Advocates for Children & Families, to submit a substitute brief adding a party to the brief amicus curiae in support of the appellees.

05-837. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Appellant's motion to reconsider oral argument.

05-1351. Charlie Daniels, as Secretary of State for the State of Arkansas v. Jodi Raines Dennis, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record.

05-1402. Vernon Kinchen v. Michael E. Wilkins, from Pope Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

05-90. Health Facilities Management Corp. et al. v. Mary E. Hughes et al., from Pulaski Circuit, Fifth Division. Argued orally.

CR05-1045. James Everett Nelson v. State of Arkansas, from Washington Circuit.

04-1213. Scipio Johnson v. Bonds Fertilizer, Inc. et al., from Workers' Compensation Commission.

05-72. Fern Austin v. Centerpoint Energy Arkla et al., from Pulaski Circuit, Third Division.

05-337. Robert White v. Arkansas Capital Corporation et al., from Pulaski Circuit, Fourteenth Division.

05-383. Vickie Posey et al. v. St. Bernard's Healthcare, Inc. et al., from Craighead Circuit, Western District.

05-419. Monir Y. El-Farra v. Khaleem Sayyed et al., from Pulaski Circuit, Seventh Division.