ARKANSAS SUPREME COURT

Opinions delivered
February 9, 2006


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TOM GLAZE, JUSTICE:

CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division. On Remand from the United States Supreme Court. Affirmed in Part, Reversed and Remanded in Part. (8 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

05-193. Grover Smith et al. v. AJ&K Operating Company et al., from Union Circuit. Affirmed; Appellants' Motion to Strike Supplemental Addendum Denied. Brown, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

05-90. Health Facilities Management Corporation and Little Rock Healthcare #1, Inc., d/b/a Little Rock Healthcare & Rehabilitation Center v. Mary E. Hughes, as Executrix of the Estate of Mildred Smith, Deceased, and on behalf of the Wrongful Death Beneficiaries of Mildred Smith, from Pulaski Circuit, Fifth Division. Affirmed in Part; Reversed and Remanded in Part. (23 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR04-1188. Roderick Leshun Rankin v. State of Arkansas, from Jefferson Circuit. Affirmed. Special Justice J. Brent Standridge, joins. Dickey, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

JIM GUNTER, JUSTICE:

CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Motion to Recall the Mandate, or Alternatively, For a Writ of Error Coram Nobis. Denied. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR05-27. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-150. Andre Dewayne Beverly v. State of Arkansas, from Ashley Circuit. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-311. Alvin Willis Rector v. State of Arkansas, from Washington Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-351. James S. Scott v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR05-410. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR05-1400. Charles W. Utley v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Hannah, C.J., would deny.

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

CR06-04. Joseph Stration Parker v. State of Arkansas, from Logan Circuit. Dickey and Gunter, JJ., would grant.

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. Corbin, J., would grant. Brown, J., not participating.

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

CR06-72 and CR06-79. James E. Horvath v. State of Arkansas, from Pope Circuit. Motion to dismiss appeal granted; motion to proceed in forma pauperis denied as moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR06-87. Matthew Rusak v. State of Arkansas, from Greene Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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 is denied.

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

06-89. Sunbeam Products, Inc. v. Honorable Jim Hudson, Circuit Judge, from Miller Circuit. Motion for accelerated proceedings granted; petition for writ of certiorari denied. Application for emergency relief staying circuit court proceedings moot. See, Lupo, M.D. v. Lineberger, 313 Ark. 315, 855 S.W.2d 293 (1993), and Ford Motor Company v. Harper, 353 Ark. 328, 107 S.W.3d 168 (2003). Respondent's motion to supplement the record is granted. Gunter, J., not participating. (Proceedings of February 2, 2006)

06-122. CertainTeed Corporation v. Honorable Gary R. Cottrell, Circuit Judge, from Crawford Circuit. Emergency motion for stay pending appeal and for expedited consideration of the appeal is denied without prejudice. Petition for writ of certiorari, for emergency or accelerated proceedings, and for temporary relief is denied without prejudice. (Proceedings of February 2, 2006)

06-02. James Glasgow v. Honorable Phillip Shirron, Circuit Judge, from Hot Spring Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

06-42. John Martin v. Honorable John S. Patterson, Circuit Judge, from Pope Circuit. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

04-1263. Guy Bobo et ux. v. David W. Jones et al., from Hempstead Circuit.

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PETITION FOR REVIEW:

05-1369. Traci Mitchell v. Dr. Lance Lincoln, from Marion Circuit.

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CR05-1022. Michael A. Clark v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Shane Cater to be relieved as counsel.

CR06-106. Dana Whitener v. State of Arkansas, from White Circuit. Motion for rule on clerk.

CR06-106. Dana Whitener v. State of Arkansas, from White Circuit. Motion of Larry Killough, Jr. to be relieved as counsel.

CR06-114. Carl Tice v. State of Arkansas, from Pope Circuit. Motion of J. Michael Helms to be relieved as counsel.

05-343. Calvary Christian School, Inc. et al. v. Ted Huffstuttler et al., from St. Francis Circuit. Joint motion for oral argument before the Supreme Court.

05-990. McLane Southern, Inc. v. Charlie Davis, Director, Arkansas Tobacco Control Board et al., from Pulaski Circuit, Third Division. Intervenor appellees' motion to file substituted brief.

05-1004. Denise Kaye Chapman et al. v. Ford Motor Company et al., from Baxter Circuit. Motion to file nonconforming brief.

05-1174. Mark Harness v. Buddy Curtis, from Pulaski Circuit, Second Division. Joint motion to dismiss appeal and cross-appeal.

05-1319. Richard Kimbell v. Association of Rehab Industry & Business et al., from Workers' Compensation Commission. Appellant's motion to amend abstract, brief and addendum.

05-1319. Richard Kimbell v. Association of Rehab Industry & Business et al., from Workers' Compensation Commission. Appellant's motion to file supplemental brief.

06-90. Dr. Charles Little v. Honorable James R. Marschewski, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition.

06-96. John Henry Montroy v. Tanna Charlene Montroy, from Pulaski Circuit, Twelfth Division. Motion for rule on clerk.

06-98. LTB Land & Timber Company, Inc. v. Mildred Wren Eggleston, from Nevada Circuit. Motion for rule on clerk.

06-100. Michael Dewayne Sims v. Honorable Timothy D. Fox, Circuit Judge, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari, or in the alternative writ of prohibition, and for temporary relief and stay.

SUBMISSIONS

05-508. Mike Beebe, Attorney General et al. v. Fountain Lake School District et al., from Saline Circuit. Argued orally.

CR05-80. Robert Cox v. State of Arkansas, from Randolph Circuit.

CR05-609. Michael Raymond MacKool v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR05-1018. Edith Ann Marie Graham v. State of Arkansas, from Pulaski Circuit, Fourth Division.

05-394. Katherine B. Fryar v. Touchstone Physical Therapy, Inc. et al., from Pulaski Circuit, Seventh Division.

05-684. Arkansas Department of Parks and Tourism et al. v. Dr. Leroy O. Jeske, from Benton Circuit.