JIM HANNAH, CHIEF JUSTICE:

04-430. Baptist Health v. Bruce E. Murphy, M.D., Scott L. Beau, M.D., David C. Bauman, M.D., D. Andrew Henry, M.D., David M. Mego, M.D., and William A. Rollefson, M.D., from Pulaski Circuit, Thirteenth Division. Affirmed. Special Justices Jim Boyd and Wess Doss, join. Glaze, J., concurs. Special Justices Xollie Duncan and Jim Burnett, dissent. Corbin, Imber, Dickey and Gunter, JJ., not participating. (19 PAGES PUBLISHED) [HTML, WP5.1]

04-1213. Scipio Johnson v. Bonds Fertilizer, Inc., Bonds Brothers, Inc., Agri Group-Comp, SI Fund and CNA Insurance Company, from Arkansas Workers' Compensation Commission. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

05-72. Fern Austin v. Centerpoint Energy Arkla, Wayne D. Stinnett, President: Arkansas Oklahoma Gas Corporation, Michael C. Carter, President; Arkansas Western Gas Company, Charles V. Stevens, Vice-President; Arkansas Public Service Commission, Sandra Hochstetter, Chairman, from Pulaski Circuit, Third Division. Affirmed. Dickey, J., not participating. (19 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

05-383. Vickie Posey and Stan Posey, Individually and as Parents and Personal Representatives of Carrie L. Posey, a Minor v. St. Bernard's Healthcare, Inc.; Michael E. Bolt, M.D.; and Jonesboro Surgery Clinic, PLLC, from Craighead Circuit, Western District. Affirmed in Part; Reversed and Remanded in Part. (15 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR05-677. Alan Ray Cluck v. State of Arkansas, from Crawford Circuit. Affirmed; Court of Appeals Reversed. Hannah, C.J., concurs. (15 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR05-356. Arkansas Game & Fish Commission v. Brian Herndon, from Lee Circuit. Petition for Writ of Certiorari from the Circuit Court of Lee County, Arkansas. Writ Denied. Brown, J., dissents. (6 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR05-612. State of Arkansas v. Brian Herndon, from Lee Circuit. Appeal Dismissed. Brown, J., dissents. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR05-1138. Salvador Ayala v. State of Arkansas, from Washington Circuit. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

05-337. Robert White v. Arkansas Capital Corporation/Diamond State Ventures, The City of Fort Smith, Arkansas, Jefferson County Minority Business Owner's Association, Richard A. Weiss, Individually and In His Official Capacity as Director of the Arkansas Department of Finance and Administration, Jimmie Lou Fisher, In Her Official Capacity as Arkansas State Treasurer, The Economic Development of Arkansas Fund Commission, and Raymond Heern, Richard L. Mays, Hayes C. McClerkin, Merle F. Peterson, James C. Pledger, Emon Mahoney, Individually and In Their Official Capacities as Members of The Economic Development of Arkansas Fund Commission, from Pulaski Circuit, Fourteenth Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

05-419. Monir Y. El-Farra v. Khaleem Sayyed, Mostafa Mostafa, Hamid Patel, Nadeem Siddiqui, Mohammed Shaher, Ali Jarallah, Neal Al-Mayhani, Omar Robinson, Massod Tasneem, Fawzi Barakat, Ashraf Khan, Salif Siddiqui, Shagufta Siddiqui, Said Khan, Islamic Center of Little Rock, Inc., John Doe No. 1, and John Doe No. 2, from Pulaski Circuit, Seventh Division. Affirmed. Glaze and Imber, JJ., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR04-1318. James S. McClellan v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-227. James S. Loveless v. State of Arkansas, from Clay Circuit. Reversed and Remanded. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-236. Andrew Shaw v. State of Arkansas, from Boone Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR04-1387. DeCarlos Morris v. State of Arkansas, from Arkansas Circuit, Northern District. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

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REVIEW DENIED: Petition for review was denied today in the following case.

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

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06-50. In Re: William David Goldman, Arkansas Bar No. 81074, from Committee on Professional Conduct. Surrender of law license. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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. Motion denied. Brown and Imber, JJ., not participating.

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 is granted. Glaze, J., Because this motion is subject to the court's ruling on appellees' motion to dismiss, I would have the case submitted on the jurisdiction issue, and I would give the parties additional time to present supplemental citations or arguments to those already filed.

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 is denied without prejudice. Glaze, J., Because this motion is subject to the court's ruling on appellees' motion to dismiss, I would have the case submitted on the jurisdiction issue, and I would give the parties additional time to present supplemental citations or arguments to those already filed.

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 is granted. Glaze, J., Because this motion is subject to the court's ruling on appellees' motion to dismiss, I would have the case submitted on the jurisdiction issue, and I would give the parties additional time to present supplemental citations or arguments to those already filed.

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 is granted. Glaze, J., Because this motion is subject to the court's ruling on appellees' motion to dismiss, I would have the case submitted on the jurisdiction issue, and I would give the parties additional time to present supplemental citations or arguments to those already filed.

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 is granted. Dickey, J., not participating.

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

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 is granted. Dickey, J., not participating.

05-1402. Vernon Kinchen v. Michael E. Wilkins, from Pope Circuit. Appellee's motion to dismiss appeal is denied without prejudice.

CR85-44. Brenda Burnett v. State of Arkansas, from Faulkner Circuit. Pro se motion to proceed in circuit court with a petition to vacate or modify illegal sentence, petition to proceed with petition for writ of error coram nobis and petition for writ of habeas corpus. Petition to proceed with petition for writ of habeas corpus denied; petition to proceed with petition for writ of error coram nobis denied; motion to proceed in circuit court with a petition to vacate or modify illegal sentence moot. See per curiam this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR03-1247. Daniel T. Haak v. State of Arkansas, from Garland Circuit. Pro se motion for transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR04-395. Rodell Avery, Jr. v. State of Arkansas, from Calhoun Circuit. Pro se motion to compel counsel to provide copy of transcript. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-141. Philip Eugene Parmley v. State of Arkansas, from Garland Circuit. Pro se motion to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-141. Philip Eugene Parmley v. State of Arkansas, from Garland Circuit. Pro se petition for writ of mandamus. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-326. George Arthur Bunn v. State of Arkansas, from Washington Circuit. Rebriefing ordered. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1164. Frank Watts II v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to consolidate actions. Appeal dismissed; motion moot. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-1177. Donald Ray Peterson v. State of Arkansas, from Crawford Circuit. Appellant's pro se motion for reconsideration of appellee's motion for extension of brief time. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

05-1167. Charles D. Young v. Larry Norris, Director, Arkansas Department of Correction and Larry Jegley, Prosecutor, Pulaski County, Arkansas, from Jefferson Circuit. Pro se motion to file overlength brief under seal, motion to suspend and reset briefing schedule and motion to remand case to circuit court and appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Proposed Rules for Appeals in Dependency-Neglect Cases. See per curiam this date. (14 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Criminal Procedure, Rule 37.1. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules and Regulations for Minimum Continuing Legal Education; and, Rules Governing Admission to the Bar. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

District Judge Waymond Brown, of Pine Bluff, Fourth Congressional District, is appointed to the Supreme Court Committee on Continuing Legal Education Board for a three-year term to expire on December 5, 2008. Retired Circuit Judge Gerald Pearson, of Jonesboro, is appointed to an "at large" position for a three-year term to expire on December 5, 2008.

Michael Hodson, of Fayetteville, is reappointed to an "at large" position for a three-year term to expire on December 5, 2008.

The Court thanks Judge Brown, Judge Pearson, and Mr. Hodson for accepting these appointments to this important Committee. We also express our appreciation to Judge Don Glover, and Harold Evans, whose terms have expired, for their service to the Committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CR05-472. Wallace A. Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

CR05-1400. Charles W. Utley v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR06-04. Joseph Stration Parker v. State of Arkansas, from Logan Circuit.

05-1389. Craig Campbell et al. v. James Carter et al., from Washington Circuit.

05-1393. Glenda Brotherton v. White River Area Agency on Aging et al., from Arkansas Workers' Compensation Commission.

05-1394. Superior Federal Bank v. Jones & Mackey Construction Company LLC et al., from Pulaski Circuit, Fifth Division. (Appellant)

05-1394. Superior Federal Bank v. Jones & Mackey Construction Company LLC et al., from Pulaski Circuit, Fifth Division. (Appellees)

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06-89. Sunbeam Products, Inc. v. Honorable Jim Hudson, Circuit Judge, from Miller Circuit. Petition for writ of certiorari and for stay of circuit court proceedings. Argued orally.

CR05-1366. Andre Deon McEwing v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CR06-72. James E. Horvath v. State of Arkansas, from Pope Circuit. Pro se motion to proceed in forma pauperis.

CR06-79. James E. Horvath v. State of Arkansas (City of Russellville), from Pope Circuit. Appellee's motion to dismiss appeal.

CR06-87. Matthew Rusak v. State of Arkansas, from Greene Circuit. Motion for rule on clerk.

05-193. Grover Smith v. AJ &K Operating Company et al., from Union Circuit. Appellant's motion to strike.

05-1185. Robert Hightower v. Carrel Wade et al., from Faulkner Circuit. Motion for reconsideration of rule on clerk or, in the alternative, motion to file belated appeal.

05-1192. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit. Appellant's motion to file supplemental brief.

SUBMISSIONS

05-146. The Daily World v. Honorable L.T. Simes, Judge, from Phillips Circuit. Argued orally.

CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit.

CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR04-1188. Roderick Leshun Rankin v. State of Arkansas, from Jefferson Circuit.

05-193. Grover Smith v. AJ&K Operating Company, Inc. et al., from Union Circuit.

05-651. Johnny Weaver, Mayor of West Helena, Arkansas v. Honorable L.T. Simes, Judge, from Phillips Circuit.