Opinions delivered
May 4, 2006
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
TOM GLAZE, JUSTICE:
05-1105. Angelique Voss Moses v. Hanna's Candle Company and Burt Hanna, Individually, from Washington Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [PDF]
DONALD L. CORBIN, JUSTICE:
05-1117. Rickey Ganey and Katherine Wilson Ganey v. Kawasaki Motors Corporation, U.S.A.; Kawasaki Jukogyo Kabushini Kaisha (KOBE JP); Mike's Cycle, Inc.; Lakeside Ford, Inc.; Hilton M. Boothe, Individually; Hilton M. Boothe d/b/a Hilton M. Boothe, Hilton's Consulting Service, and Hilton's Consulting Service, Inc., from Polk Circuit. Affirmed. Dickey, J., not participating. (17 PAGES PUBLISHED) [PDF]
ROBERT L. BROWN, JUSTICE:
05-1135. Jones Brothers, Inc. and Lumbermen's Underwriting Alliance v. Michael Whitlock, d/b/a Michael Whitlock Trucking Company, Aggregate Transportation Specialist, LLC, and Missouri Employer's Mutual Insurance Company, Inc., and Leslie A. Keeter and Journagan Construction Company and Builders' Association Outstates Insurance Plan/Benchmark Insurance Company, from Arkansas Workers' Compensation Commission. Affirmed in Part, Reversed and Remanded in Part; Court of Appeals Reversed in Part. Glaze, J., not participating. (12 PAGES PUBLISHED) [PDF]
BETTY C. DICKEY, JUSTICE:
CR05-972. Rodney Eugene Weston v. State of Arkansas, from Chicot Circuit. Affirmed. (14 PAGES PUBLISHED) [PDF]
JIM GUNTER, JUSTICE:
05-965. David Harris v. City of Fort Smith, Bill Harding, C. Ray Baker, Jr., Nan Bartlett, Alaric Parrish, Joe W. Davis, Gary W. Campbell, Ben H. Shipley, Ken Pevehouse, from Sebastian Circuit, Fort Smith District. Affirmed. Glaze and Imber, JJ., dissent. (8 PAGES + 4-PAGE DISSENT PUBLISHED) [PDF]
PER CURIAM OPINIONS:
CR05-812. Robert Charles Oliver v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (4 PAGES UNPUBLISHED) [PDF]
CR05-813. Edward Eugene Mayberry, Jr. v. State of Arkansas, from Hot Spring Circuit. Appeal Dismissed. (2 PAGES UNPUBLISHED) [PDF]
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Hannah, C.J., and Glaze, J., would grant.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR06-283. Vincent Cooper v. State of Arkansas, from Miller Circuit.
06-321. Frederick Lee Pitchford v. City of Earle, from Crittenden Circuit.
06-322. Billy Joe Moody v. Farm Bureau Mutual Insurance Company of Arkansas, Inc.
et al., from Pulaski Circuit, Seventh Division. Glaze and Brown, JJ., not participating.
06-336. Lynda Rudd v. A. L. Tenny Trustee et al., from Arkansas Workers' Compensation Commission.
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CR05-676. Phillip Hamm v. State of Arkansas, from Faulkner Circuit. Motion to substitute party to appeal is granted.
CR05-1247. Joe Newton v. State of Arkansas, from Ashley Circuit. Supplementation of the record. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-388. Dominic Winfrey v. State of Arkansas, from St. Francis Circuit. Motion for rule on clerk is granted.
CR06-413. Anthony D. White v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for rule on clerk. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
05-585. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Wesley John Ketz, Jr., Arkansas Bar ID No. 76065, an Original Action. Motion for appointment of special judge. Moot.
06-06. Arkansas Department of Health and Human Services v. The Honorable Vann Smith, Circuit Judge, from Pulaski Circuit, Fourteenth Division. Extension granted for submission of documentation in support of revivor. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
06-404. Clifford Coonrod, d/b/a Coonrod Construction v. Ronnie Seay, from Miller Circuit. Petition for temporary relief is granted.
06-404. Clifford Coonrod, d/b/a Coonrod Construction v. Ronnie Seay, from Miller Circuit. Petition for writ of prohibition. Petition to be submitted as a case.
06-419. Lee Bowie et al. v. Michael Rice, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is granted.
06-460. In Re: Wesley John Ketz, Arkansas Bar No. 76065, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [PDF]
CR05-932. Corey Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division.Pro se motion to file substituted brief. Appeal dismissed; motion moot. See per curiam this date. (8 PAGES PUBLISHED) [PDF]
CR06-45. Willie Houston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se appellant's motion to file belated reply brief. Appeal dismissed; motion moot. See per curiam this date. (4 PAGES UNPUBLISHED) [PDF]
CR06-107. Tommy Joe Crawford v. State of Arkansas, from Benton Circuit. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [PDF]
CR06-171. Jesus Barragan v. State of Arkansas, from Benton Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [PDF]
CR06-213. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGE UNPUBLISHED) [PDF]
In Re: Criminal Jury Instructions Committee. See per curiam this date. (1 PAGE PUBLISHED) [PDF]
Bruce Buck, of Harrison, Billy Bob Webb, of Rogers, and Joe Perry, of Marianna, are hereby appointed to the Criminal Jury Instructions Committee. The Court extends its thanks to Mr. Buck, Mr. Webb, and Mr. Perry for accepting this appointment to this most important Committee.
In addition to the 14 regular members, including the Court's liaison Justice, authorized by per curiam on December 13, 1993, we believe that the input of the ex-officio members of the Committee is valuable with respect to the issues considered by the Committee. We would like to thank Paula Casey for serving as reporter, Robert McMahan, Prosecutor Coordinator, for serving as an advisor and Larry Brady for serving as staff attorney.
The Court expresses its gratitude to Melody Piazza, Ellen Reif, and Deborah Sallings, whose terms have expired, for their years of service on the Committee.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CR06-323. Melvin Mayweather v. State of Arkansas, from Pulaski Circuit, Sixth Division.
06-255. Jim D. Swink v. Lasiter Construction, Inc., from Pulaski Circuit, Fifth Division.
06-320. Ronny Deaver, Administrator of the Estate of Faye Deaver v. Falcon Properties, Inc. d/b/a St. Andrews Place et al., from Faulkner Circuit.
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CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, FourthDivision. Motion for appointment of counsel.
CACR05-1008. Doris M. Franklin v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion for belated appeal of post-trial motions.
CR06-88. Judy Ann Flanagan v. State of Arkansas, from Craighead Circuit, Eastern District. Motion for reconsideration of denial of motion for waiver of page limit.
CR06-165. Richard J. Price v. State of Arkansas, from Grant Circuit. Appellee's motion to dismiss appeal.
CR06-442. Nathan H. Mejia v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk.
CR06-442. Nathan H. Mejia v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as attorney on direct appeal and motion for extension of time to file brief.
CR06-446. Jeffrey L. Batt v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to dismiss appeal.
05-790. Nucor Corporation et al. v. Steven L. Rhine, from Workers' Compensation Commission. Motion for oral argument.
CA05-960. Rose Harwell-Williams v. Arkansas Department of Human Services, from Van Buren Circuit. Appellee's motion to supplement the record and to dismiss.
06-421. Donald Kuonen v. Beverly Enterprises-Arkansas, Inc., from Pulaski Circuit, Sixteenth Division. Motion for rule on clerk.
06-461. In Re: Charles Edwin Pfiester, Arkansas Bar No. 91263, an Original Action. Petition for voluntary surrender of license.
SUBMISSIONS
CR05-862. Prentis Lee Winkle v. State of Arkansas, from Miller Circuit. Argued orally.
CR05-1180. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit.
CR05-1336. Kevin Barton v. State of Arkansas, from Nevada Circuit.
05-1246. Michael S. McCarthy v. Honorable James M. Moody, Jr., Circuit Judge, from Pulaski Circuit, Sixth Division.
05-1278. Arkansas Department of Health and Human Services v. Tammy Briley et al., from Boone Circuit.
06-06. Arkansas Department of Health and Human Services v. Honorable Vann Smith, Circuit Judge, from Pulaski Circuit, Fourteenth Division.