Opinions delivered
June 29, 2006
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JIM HANNAH, CHIEF JUSTICE:
05-1192. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit. Circuit Court Affirmed; Court of Appeals Reversed. Glaze, J., dissents. Gunter, J., not participating. (11 PAGES + 4-PAGE DISSENT PUBLISHED) [PDF]
06-608. Beverly Enterprises-Arkansas, Inc., Formerly d/b/a Batesville Nursing and Rehabilitation Center v. Circuit Court of Independence County, Arkansas, Honorable John N. Harkey, Circuit Judge, from Independence Circuit. Petition for Writ of Certiorari Granted; Petition for Prohibition is Moot. (5 PAGES PUBLISHED) [PDF]
TOM GLAZE, JUSTICE:
CR05-699. Timothy L. Howard v. State of Arkansas, from Little River Circuit. Affirmed. Hannah, C.J., and Special Justice A. Watson Bell dissent. Corbin, J., not participating. (37 PAGES + 5-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [PDF]
DONALD L. CORBIN, JUSTICE:
CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion To Recall Mandate Granted. (10 PAGES PUBLISHED) [PDF]
CR05-1150. Lexie McNabb v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. (9 PAGES PUBLISHED) [PDF]
05-814. Department of Human Services and Child Welfare Agency Review Board v. Matthew Lee Howard; Craig Stoopes; Anne Shelley; and William Wagner, from Pulaski Circuit, Sixth Division. Affirmed on Direct Appeal; Cross-Appeal Moot. Special Justice Franklin A. Poff, Jr. joins. Brown, J., concurs. Glaze, J., not participating. (12 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [PDF]
05-1402. Vernon Kinchen v. Michael E. Wilkins, from Pope Circuit. Affirmed. Glaze, J., dissents. (10 PAGES + 7-PAGE DISSENT PUBLISHED) [PDF]
ROBERT L. BROWN, JUSTICE:
CR05-1264. John Patrick Dickinson v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (9 PAGES PUBLISHED) [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
CR05-494. Albert Burton v. State of Arkansas, from Arkansas Circuit, Southern District. Reversed and Remanded. Dickey and Gunter, JJ., dissent. (9 PAGES + 2-PAGE DISSENT PUBLISHED) [PDF]
05-343. Calvary Christian School, Inc., Terry Neeley, Michael Borden, M.C. Lewellen, Jr., David Rogers, Individually and in their capacity as directors of Calvary Christian School and Suzanne Hess v. Ted Huffstuttler, Dorma Huffstuttler, and Preston Huffstuttler, from St. Francis Circuit. Affirmed in Part; Reversed and Dismissed in Part. Brown, J., concurs in part and dissents in part. Glaze and Dickey, JJ., dissent. (9 PAGES + 2-PAGE CONCURRENCE/DISSENT +3-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [PDF]
06-48. Dr. Lisa McGraw v. Scott W. Jones and Lizabeth Jones, Husband and Wife, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Glaze, J., concurs. Hannah, C.J., Corbin, and Gunter, JJ., concur in part and dissent in part. (12 PAGES + 2-PAGE CONCURRENCE + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [PDF]
BETTY C. DICKEY, JUSTICE:
05-580. Johnny Weaver, in his official capacity as Mayor of the City of West Helena, Arkansas v. City of West Helena, Eddie Lee, Nathan Ashwood, Edward Joshaway, James Parks, Calvin Holden, and Clarence Richardson, in their official capacity as West Helena City Councilmen, and Vincent Bell, West Helena Chief of Police, from Phillips Circuit. Moot in Part; Reversed in Part. (9 PAGES PUBLISHED) [PDF]
05-1401. Robert L. Kale, M.D. v. Arkansas State Medical Board, from Sebastian Circuit, Fort Smith District. Affirmed in Part; Reversed in Part. (9 PAGES PUBLISHED) [PDF]
JIM GUNTER, JUSTICE:
05-826. Lee Murchison v. Safeco Insurance Company of Illinois, from Pulaski Circuit, Third Division. Appeal Dismissed. Hannah, C.J., and Glaze, J., concur. (7 PAGES PUBLISHED) [PDF]
PER CURIAM OPINIONS:
CR05-1057. Jeffrey L. O'Connor, a/k/a Jeffery Lynn O'Connor v. State of Arkansas, from Franklin Circuit. Affirmed. (5 PAGES PUBLISHED) [PDF]
05-135. Bufford McDonald v. Larry Norris and Brooks Parks, from Izard Circuit. Affirmed. (5 PAGES UNPUBLISHED) [PDF]
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
06-565. Brenda VanWagner v. Wal-Mart Stores, Inc. et al., from Arkansas Workers' Compensation Commission. Corbin, J., not participating.
06-606. Sherry Parker et al.v. Raymond Johnson et al., from Union Circuit. Hannah, C.J., and Corbin, J., would deny.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
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. See, Moncus v. Billingsley Logging & American Insurance Company,
Ark. , S.W.3d (May 18, 2006).
06-562. Richard H. Givens et al. v. Haybar, Inc. et al., from Pulaski Circuit, Seventh Division.
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 is granted.
CR06-351. Bobby Scissom v. State of Arkansas, from Pope Circuit. Appellee's motion to file supplemental brief is granted.
CR06-652. Dallas Gene Roy v. State of Arkansas, from Independence Circuit. Motion for rule on clerk. Remanded. See per curiam this date. (4 PAGES PUBLISHED) [PDF]
CR06-653. Phillip Dwayne Duvall v. State of Arkansas, from Grant Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
05-826. Lee Murchison v. Safeco Insurance Company of Illinois, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal. Moot.
06-644. Todd Elsner v. Martin R. Gallaher et al., from Washington Circuit. Appellees' joint motion to dismiss appeal is granted.
06-661. Phil Herrington v. Circuit Court of Pulaski County, Third Division, from Pulaski Circuit, Third Division. Petition for writ of prohibition is denied. Brown and Imber, and Dickey, JJ., not participating.
06-661. Phil Herrington v. Circuit Court of Pulaski County, Third Division, from Pulaski Circuit, Third Division. Petition for writ of certiorari to supplement and complete the record. Moot. Brown, Imber, and Dickey, JJ., not participating.
06-674. Arkansas Department of Correction v. Jeremy Eli Bailey, from Pulaski Circuit, Fifth Division. Appellant's motion for access to record is granted.
CR06-213. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of motion for belated appeal and review of certified record. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [PDF]
CR06-295. Timothy Black v. State of Arkansas, from Yell Circuit, Northern District. Pro se motion for extension of time to file reply brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]
CR06-477. Lance Alan Branscum v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [PDF]
CR06-487. Austin Cooper v. State of Arkansas, from Miller Circuit. Pro se motion for reconsideration of denial of motion for belated appeal. Motion denied. See per curiam this date. Gunter, J., not participating. (2 PAGES UNPUBLISHED) [PDF]
CR06-518. Bobby Posey v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]
CR06-655. Demarco Raynor v. State of Arkansas, from Lonoke Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [PDF]
06-625. In Re: Proposed Amendment to Rule 1.15, Arkansas Rules of Professional Conduct, and Enabling Powers for the Arkansas IOLTA Foundation, Inc. See per curiam this date. (17 PAGES PUBLISHED) [PDF]
In Re: Proposed Administrative Order Number - Access to Court Records. See per curiam this date. (27 PAGES PUBLISHED) [PDF]
In Re: Publication of the Arkansas Reports. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
In Re: Supreme Court Board of Certified Court Reporter Examiners. See per curiam this date. (1 PAGE PUBLISHED) [PDF]
Honorable J. Michael Fitzhugh of Fort Smith, Circuit Judge, 12th Judicial Circuit, Honorable Mackie Pierce of Little Rock, Circuit Judge, 6th Judicial Circuit, and Ms. Alice Cook of Cabot, Certified Court Reporter, are reappointed to our Board of Certified Court Reporter Examiners for three-year terms expiring on July 31, 2009.
The court expresses its gratitude to these members for their willingness to continue their service.
In Re: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.
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In Re: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandate of this Court in compliance therewith.
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In Re: Procedure While Court is in Recess. During the recess of this Court, any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.
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