ARKANSAS SUPREME COURT

Opinions delivered
June 22, 2006


Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.


 

JIM HANNAH, CHIEF JUSTICE:

CR05-1247. Joe Newton v. State of Arkansas, from Ashley Circuit. Affirmed. Glaze, J., concurs. (7 PAGES PUBLISHED) [PDF]

TOM GLAZE, JUSTICE:

05-1369. Traci Mitchell v. Dr. Lance Lincoln, from Marion Circuit. Circuit Court Affirmed; Court of Appeals Reversed. (12 PAGES PUBLISHED) [PDF]

ROBERT L. BROWN, JUSTICE:

06-215. Asbury Automotive Group, Inc., Asbury Automotive Arkansas, L.L.C., North Point Auto Group, North Point Ford, Inc., NP FLM, L.L.C., Prestige Toy, L.L.C., Prestige Bay, L.L.C., Premier NSN, L.L.C., NP VKW, L.L.C., Premier Pon, L.L.C., and NP MZD, L.L.C. v. Charles and Carol Palasack; and Otis Campbell, from Pulaski Circuit, Third Division. Affirmed. Glaze, J., not participating. (17 PAGES PUBLISHED) [PDF]

PER CURIAM OPINION:

CR05-649. Ian Jay Smith v. State of Arkansas, from Benton Circuit. Affirmed. (3 PAGES UNPUBLISHED) [PDF]

 

PER CURIAM ORDERS

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

CR05-862. Prentis Lee Winkle v. State of Arkansas, from Miller Circuit.

05-827. Monica Lacy et al. v. Flake & Kelly Management, Inc. et al., from Pulaski Circuit, Second Division. Dickey, J., not participating.

05-1079. Rholan Nelson v. Dr. John B. Weiss, from Boone Circuit.

05-1117. Rickey Ganey et ux. v. Kawasaki Motors Corporation, U.S.A. et al., from Polk Circuit. Dickey, J., not participating.

05-1149. James B. Hanks, M.P.H. v. Jane Marie Sneed et al., from Pulaski Circuit, Twelfth Division.

05-1319. Richard Kimbell v. Association of Rehab Industry & Business et al., from Arkansas Workers' Compensation Commission. Imber and Dickey, JJ., would grant.

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

CR06-500. Marc Jess Henley, Jr. v. State of Arkansas, from Faulkner Circuit.

CR06-561. Angela Michelle Blevins v. State of Arkansas, from Benton Circuit.

06-469. Phillip Clairday v. The Lilly Company et al., from Arkansas Workers' Compensation Commission. Glaze and Dickey, JJ., would grant.

06-505. Tasha Orr v. Timothy Calicott, M.D. and Stephen Hudson, M.D., from Lee Circuit.

06-524. Martha Luginbill v. Andy Luginbill, from Sebastian Circuit, Fort Smith District.

06-535. Office Machines, Inc. v. Bruce Mitchell et al., from Jefferson Circuit.

06-558. Shirley Tyus v. Director of Workforce Services et al., from Board of Review.

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CR06-172. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Appellant's motion to file enlarged brief is granted.

CR06-188. Roberto Cabral v. State of Arkansas, from Benton Circuit. Appellant's motion to file corrected and belated brief is granted.

CR06-413. Anthony D. White v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is granted.

CR06-549. Fernando Navarro v. State of Arkansas, from Washington Circuit. Motion to be relieved as attorney for appellant and stay briefing schedule is denied without prejudice. See per curiam this date. (1 PAGE PUBLISHED) [PDF]

CR06-550. Mark Anthony Holsombach v. State of Arkansas, from Van Buren Circuit. Motion for rule on clerk. Granted. See per curiam this date. (3 PAGES PUBLISHED) [PDF]

CR06-594. Dantrelle A. Banks v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to withdraw appeal is granted.

CR06-597. Larry Raifsnider v. Honorable Tom J. Keith, Circuit Judge, from Benton Circuit. Motion to expedite appeal and to stay trial pending appeal is denied.

CR06-597. Larry Raifsnider v. Honorable Tom J. Keith, Circuit Judge, from Benton Circuit. Petition for temporary and permanent writs of prohibition is denied without prejudice.

CR06-629. Quenton Gaye v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motions of William C. McArthur and Craig Lambert to be relieved as counsel are granted.

CR06-629. Quenton Gaye v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Jeff Rosenzweig for entry of appearance as counsel is granted.

05-1149. James B. Hanks, M.P.H. v. Jane Marie Sneed et al., from Pulaski Circuit, Twelfth Division. Appellant's motion to disqualify justices. Each justice declines the suggestion of disqualification.

06-381. Sharon McGhee et al. v. Arkansas State Board of Collection Agencies et al., from Pulaski Circuit, Seventh Division. Motion of AARP for permission to file amicus curiae brief in support of appellants is denied.

06-593. Ralph Bozeman v. Joann Bozeman, from Garland Circuit. Motion for rule on clerk is granted.

06-600. Arkansas Department of Health & Human Services v. Kandie Sue Feryanitz, from Newton Circuit. Petition for writ of certiorari to complete the record is granted.

06-617. In Re: Joe Douglas Wray, Arkansas Bar No. 81171, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [PDF]

06-627. Rickie Dollar v. Laura Dollar, from Woodruff Circuit. Motion for rule on clerk is denied.

06-608. Beverly Enterprises - Arkansas, Inc. v. The Circuit Court of Independence County, Arkansas, from Independence Circuit. Motion of The Arkansas State Chamber of Commerce, The Fort Smith Regional Chamber of Commerce, Jefferson Regional Medical Center, Murphy Oil USA, Inc. and Deltic Timber Corporation, to file amicus curiae brief is granted. (Proceedings of June 15, 2006)

06-608. Beverly Enterprises - Arkansas, Inc. v. The Circuit Court of Independence County, Arkansas, from Independence Circuit. Motion of Michael Marsh, Administrator of the Estate of Jacquelyn Marsh, to file amicus curiae brief is granted. (Proceedings of June 15, 2006)

06-608. Beverly Enterprises - Arkansas, Inc. v. The Circuit Court of Independence County, Arkansas, from Independence Circuit. Agreed motion to supplement the record is granted. (Proceedings of June 15, 2006)

06-608. Beverly Enterprises - Arkansas, Inc. v. The Circuit Court of Independence County, Arkansas, from Independence Circuit. Petitioner's motion to supplement the record is granted. (Proceedings of June 16, 2006)

CR06-149. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for extension of time to file appellant's brief. Appeal dismissed; motions moot. See per curiam this date. (3 PAGES UNPUBLISHED) [PDF]

CR06-297. Doyle Anthony Jones v. State of Arkansas, from Washington Circuit. Pro se motion for reconsideration of motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]

CR06-389. Charles L. Johnson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to file handwritten brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]

CR06-492. Randy Pankey a/k/a Randy Panky v. State of Arkansas, from Miller Circuit. Pro se motion for belated appeal and for appointment of counsel. Motion for belated appeal granted; remanded for determination of indigency. See per curiam this date. (4 PAGES UNPUBLISHED) [PDF]

CR06-510. Jacky Lemley v. State of Arkansas, from Drew Circuit. Pro se motion for rule on clerk to lodge record and motion for belated appeal. Motions denied. See per curiam this date. (3 PAGES UNPUBLISHED) [PDF]

06-334. Richard Williams v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]

06-391. Paul Pennebaker v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [PDF]

06-532. John Ragsdale v. State of Arkansas, an Original Action. Pro se motion for rule on clerk to file Civil Procedure Rule 60 petition. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]

 

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

06-533. Rodney Nelson et al. v. Rush Harding et al., from Pulaski Circuit, Seventh Division.

06-534. Michael Farler v. City of Cabot et al., from Arkansas Workers' Compensation Commission.

06-562. Richard H. Givens et al. v. Haybar, Inc. et al., from Pulaski Circuit, Seventh Division.

06-565. Brenda VanWagner v. Wal-Mart Stores, Inc. et al., from Arkansas Workers' Compensation Commission.

06-606. Sherry Parker et al.v. Raymond Johnson et al., from Union Circuit.

06-637. Floyd Savage v. City of Little Rock, from Arkansas Workers' Compensation Commission.

06-641. Marvin Jones et al. v. Juanita S. Wood Family Limited Partnership, from Lonoke Circuit.

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CR04-164. Brady Carter v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to stay or recall mandate.

CR06-351. Bobby Scissom v. State of Arkansas, from Pope Circuit. Appellee's motion to file supplemental brief.

CR06-652. Dallas Gene Roy v. State of Arkansas, from Independence Circuit. Motion for rule on clerk.

CR06-653. Phillip Dwayne Duvall v. State of Arkansas, from Grant Circuit. Motion for rule on clerk.

05-826. Lee Murchison v. Safeco Insurance Company of Illinois, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.

06-644. Todd Elsner v. Martin R. Gallaher et al., from Washington Circuit. Appellees' joint motion to dismiss appeal.

06-661. Phil Herrington v. Circuit Court of Pulaski County, Third Division, from Pulaski Circuit, Third Division. Petition for writ of prohibition.

06-674. Arkansas Department of Correction v. Jeremy Eli Bailey, from Pulaski Circuit, Fifth Division. Appellant's motion for access to record.

 

SUBMISSIONS

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR05-494. Albert Levon Burton v. State of Arkansas, from Arkansas Circuit, Southern District.

CR05-699. Timothy L. Howard v. State of Arkansas, from Little River Circuit.

CR05-1264. John Patrick Dickinson v. State of Arkansas, from Craighead Circuit, Western District.

05-826. Lee Murchison v. Safeco Insurance Company of Illinois, from Pulaski Circuit, Third Division.

05-1401. Robert L. Kale, M.D. v. Arkansas State Medical Board, from Sebastian Circuit, Fort Smith District.

06-608. Beverly Enterprises - Arkansas, Inc. v. Independence County Circuit Court, from Independence Circuit.