Opinions delivered
September 7, 2006
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PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR05-1150. Lexie McNabb v. State of Arkansas, from Faulkner Circuit. Gunter, J., concurs. (2 PAGES PUBLISHED) [PDF]
05-343. Calvary Christian School, Inc. et al. v. Ted Huffstuttler et ux., from St. Francis Circuit. (Appellants) Glaze and Dickey, JJ., would grant.
05-343. Calvary Christian School, Inc. et al. v. Ted Huffstuttler et ux., from St. Francis Circuit. (Appellees) Glaze and Dickey, JJ., would grant.
05-790. Nucor Corporation et al. v. Steven L. Rhine, from Workers' Compensation Commission.
05-796. First United, Inc. v. Chicago Title Insurance Company et al., from Garland Circuit.
05-920. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Running M Farms, Inc. et al., from Miller Circuit.
05-969. Southeastern Distributing Company v. Miller Brewing Company, from Jefferson Circuit.
05-1166. Cooper Clinic, P.A. v. Linda Barnes, from Crawford Circuit. Glaze, J., would grant.
05-1192. Beadles Enterprises, Inc. v. Archer-Daniels-Midland Company, from Monroe Circuit. Glaze, J., would grant. Gunter, J., not participating.
05-1208. City of Farmington et al. v. Laura Smith et al., from Washington Circuit. Glaze, J., would grant.
05-1401. Robert L. Kale v. Arkansas State Medical Board, from Sebastian Circuit, Fort Smith District.
06-48. Dr. Lisa McGraw v. Scott W. Jones et ux., from Benton Circuit. Hannah, C.J., and Corbin and Gunter, JJ., would grant.
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REVIEWS GRANTED: Petitions for review were granted today in the following cases.
CR06-737. John H. Brown v. State of Arkansas, from Saline Circuit.
CR06-766. Calvin Jarome Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division. Hannah, C.J., and Corbin, J., would deny.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR06-319. Terry Williams v. State of Arkansas, from Pulaski Circuit, Second Division.
CR06-750. Robert Randall Ross v. State of Arkansas, from Hot Spring Circuit.
CR06-757. Benny Newcomb v. State of Arkansas, from Van Buren Circuit.
06-575. Home Care Professionals of Arkansas, Inc. v. Artee Williams, Director, Employment Security Department, from Board of Review.
06-614. Tracy Blair v. John Blair, from Benton Circuit.
06-651. Phil White v. Alice Ann White, from Sebastian Circuit, Fort Smith District.
06-656. A.W. Phillipy v. Sandra L. O'Reilly, from Yell Circuit, Northern District.
06-754. William Holden v. Harold Dean Cloud et al., from Lonoke Circuit.
06-780. Rita Sears v. Michael Burkeen, Sr. et al., from Garland Circuit.
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CR05-326. George Arthur Bunn v. State of Arkansas, from Washington Circuit. Appeal dismissed for failure to file briefs.
CR05-420. Billy Thessing v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion requesting an extension on stay of mandate. Extension granted until October 31, 2006.
CR05-1162. Steven Earl Jordan v. State of Arkansas, from Grant Circuit. Appellee's motion to dismiss appeal is granted.
CACR05-1200. Roger Keith Hairston v. State of Arkansas, from Miller Circuit. Motion for belated appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR05-1233. Vasun Buford v. State of Arkansas, from Clark Circuit. Appellee's second motion for compliance with Arkansas Supreme Court Rule 4-3(h). Passed until case submitted.
CR06-195. John C. Murdock v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal. Granted pending motion for belated brief.
CR06-319. Terry Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's petition for review. Moot.
CR06-385. Marcus Lance Rackley v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-439. Mickey David Thomas v. State of Arkansas, from Pike Circuit. Appellant's motion to supplement the record is granted.
CR06-439. Mickey David Thomas v. State of Arkansas, from Pike Circuit. Appellant's motion to file an enlarged brief. Granted 10 additional pages. Brief due by September 18, 2006.
CR06-476. Cephas Barton Brewer v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal is granted.
CR06-544. Roberto Benavidez v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal. Granted pending motion to file belated brief.
CR06-549. Fernando Navarro v. State of Arkansas, from Washington Circuit. Motion to be relieved as attorney for appellant and stay briefing schedule. Granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-555. Decarlos Forte v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted.
CR06-556. Cecil Edwards, Jr. v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted.
CR06-581. State of Arkansas v. Broderick Antoine Burnett, from Monroe Circuit. Motion of Raymond Abramson to withdraw as counsel is denied.
CR06-584. Michael L. Venn v. State of Arkansas, from Benton Circuit. Appellant's motion to consolidate record is denied. See, Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997).
CR06-612. David C. Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file belated brief is granted.
CR06-628. Kevin Dismuke v. State of Arkansas, from Ouachita Circuit. Appellee's motion to dismiss appeal is granted.
CR06-652. Dallas Gene Roy v. State of Arkansas, from Independence Circuit. Motion for rule on clerk is granted.
CR06-652. Dallas Gene Roy v. State of Arkansas, from Independence Circuit. Motion to substitute counsel is granted.
CR06-657. William Colbert v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is granted.
CR06-675. Eugene Callaway v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Jonathan T. Lane to substitute and relieve counsel is granted.
CR06-686. Steve Hill v. State of Arkansas, from Arkansas Circuit, Southern District. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-737. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion to strike petition for review is denied.
CR06-739. Jimmy Doyle Bumgardner v. State of Arkansas, from Grant Circuit. Motion to substitute counsel on petition for review is granted.
CR06-801. Ronald Ray Tryon v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion to withdraw as attorney on direct appeal and motion for extension of time. Granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-821. Luwalhati Lalota aka Lynn Johnson v. State of Arkansas, from WashingtonCircuit. Appellant's petition and amended petition for leave to proceed on appeal in forma pauperis are denied. Glaze and Corbin, JJ., would grant.
CR06-821. Luwalhati Lalota aka Lynn Johnson v. State of Arkansas, from Washington Circuit. Appellant's motion to withdraw petition for writ of certiorari is granted.
CR06-888. Randy Miller v. State of Arkansas, from Union Circuit. Motion for belated appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-898. Eric L. Murray v. State of Arkansas, from Crittenden Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [PDF]
CR06-898. Eric L. Murray v. State of Arkansas, from Crittenden Circuit. Pro se motion for belated appeal. Moot.
CR06-945. Stacy Tubbs v. State of Arkansas, from Union Circuit. Motion for rule on clerk is granted.
05-580. Johnny Weaver, Mayor of West Helena, Arkansas v. City of West Helena, Arkansas et al., from Phillips Circuit. Motion for release of record to the Arkansas Judicial Discipline and Disability Commission is granted.
05-824. Tommy F. Robinson et al. v. Wildlife Farms II, LLC et al., from Monroe Circuit. Appellants' motion to withdraw appeal is granted.
05-1166. Cooper Clinic, P.A. v. Linda Barnes, from Crawford Circuit. Arkansas Trial Lawyers Association request to join appellee's petition for rehearing is granted.
05-1192. Archer-Daniels-Midland Company v. Beadles Enterprises, Inc., from Monroe Circuit. Appellant's motion to submit a reply to appellee's response to petition for rehearing is denied. Gunter, J., not participating.
05-1401. Robert L. Kale, M.D. v. Arkansas State Medical Board, from Sebastian Circuit, Fort Smith District. Appellee's motion to pay out supersedeas bond is granted.
05-1408. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Paul E. Revels, Arkansas Bar No. 91110, an Original Action. Petitioner's motion for default judgment. Granted. See per curiam this date. (1 PAGE PUBLISHED) [PDF]
06-100. Michael Dewayne Sims v. Honorable Timothy D. Fox, Circuit Judge, from PulaskiCircuit, Sixth Division. Appellees' motion for costs and attorney's fees for preparation of supplemental abstract and addendum. Passed until case submitted.
06-306. Jon R. Sanford v. Johnnie Belle Morgan Harris et al., from Pope Circuit. Appellant's motion for attorney's fees and costs. Passed until case submitted.
06-306. Jon R. Sanford v. Johnnie Belle Morgan Harris et al., from Pope Circuit. Appellees' motion to supplement record and to stay brief time. Motion to supplement denied; brief due by September 14, 2006.
CA06-342. Commercial Energy Users Group et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Motion to dismiss appeal. Motion to be submitted as a case.
06-348. John Briley v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.
CA06-414. Mary Sowders v. St. Joseph's Mercy Health Center et al., form Hot Spring Circuit. Joint motion to transfer to Supreme Court. Motion granted; oral argument to be set. Glaze, J., would deny.
06-463. Michael Dwayne Sims et al. v. Scott Fletcher et al., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss appeal of appellants Kenneth Way, Nathan Hutson Way, and Humnoke Farms, Inc. is denied.
CA06-501. Tomosa Summerville v. Dr. Rufus Thrower et al., from Pulaski Circuit, Second Division. Appellant's motion to certify to Supreme Court is granted.
06-553. Stevie Christine (Wilson) Boyd v. Honorable Philip G. Smith, Circuit Judge, from Sharp Circuit. Petitioner's motion to supplement the record is granted.
06-565. Brenda VanWagner v. Wal-Mart Stores, Inc., from Workers' Compensation Commission. Appellee's motion to file a supplemental brief is granted. Corbin, J., not participating.
06-602. City of Fayetteville, Arkansas v. Washington County, Arkansas et al., from Washington Circuit. Motion of the Arkansas Municipal League to file brief amicus curiae is granted.
06-620. Richard Emmit Jones v. Mike Huckabee, Governor of the State of Arkansas et al., from Pulaski Circuit, Fifth Division. Motion for substitution of counsel is granted.
06-664. James D. Logan v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.
06-682. Linda Jo Robinson v. Dr. Joseph Jensen et al., from Jefferson Circuit. Motion to proceed in forma pauperis is denied. Glaze, J., would grant.
06-684. Cornell Moten v. Director of Workforce Services, from Board of Review. Appellant's motion to file belated petition for review is denied.
06-723. Kinroy Marcel Counts v. Honorable Ted C. Capeheart, Circuit Judge, from Sevier Circuit. Petition for writ of mandamus and prohibition is denied.
06-761. Rose McDaniel v. Timothy E. Sprano, from Crittenden Circuit. Motion to proceed in forma pauperis is denied. Glaze and Brown, JJ., would issue a per curiam for transcript of the show cause hearing and the trial court's order resulting from said hearing.
06-792. The Bryant School District v. Honorable James M. Moody, Circuit Judge, from Pulaski Circuit, Third Division. Motion for stay. Moot.
06-792. The Bryant School District v. Honorable James M. Moody, Circuit Judge, from Pulaski Circuit, Third Division. Motion to supplement the record. Moot.
06-792. The Bryant School District v. Honorable James M. Moody, Circuit Judge, from Pulaski Circuit, Third Division. Second petition for writ of prohibition or, alternatively, certiorari. Moot.
06-792. The Bryant School District v. Honorable James M. Moody, Circuit Judge, from Pulaski Circuit, Third Division. Motion to expedite court's ruling. Moot.
06-792. The Bryant School District v. Honorable James M. Moody, Circuit Judge, from Pulaski Circuit, Third Division. Bryant School District's voluntary motion to dismiss petition for writ of prohibition is granted.
06-803. Bobby J. Williams v. Ron Alexander, from Pike Circuit. Motion for rule on clerk is granted.
06-815. Jenny Lowrance v. Arkansas Department of Human Services, from Conway Circuit. Appellee's motion to dismiss appeal is granted.
06-855. Elizabeth Frawley v. Arkansas Professional Bail Bond Company and Professional Bail Bond Licensing Board, from Pulaski Circuit, Sixth Division. Appellant's motion toaccept record as tendered. Motion denied; appeal dismissed.
06-881. Jarred Tumbleson v. State Farm Fire and Casualty Company, from Van Buren Circuit. Appellee's motion to dismiss appeal is granted.
06-900. H.G. Davis v. Don Sellers et al., from Faulkner Circuit. Petition for writ of certiorari to complete the record is denied. Glaze, J., would grant.
06-914. Jerry K. Short v. State of Arkansas, from Pope Circuit. Motion for rule on clerk is denied.
In Re: Client Security Fund Committee. See per curiam this date. (1 PAGE PUBLISHED) [PDF]
Ray Fulmer, of Fort Smith, is hereby appointed to the Client Security Fund Committee. The Court extends its thanks to Mr. Fulmer for accepting this appointment to this most important Committee.
The Court would also like to extend its thanks to JoAnn Maxey for accepting reappointment to this Committee.
The Court expresses its gratitude to Jill Jacoway, whose terms has expired, for her years of service on the Committee.
MOTIONS SUBMITTED
PETITION FOR REVIEW:
CR06-739. Jimmy Doyle Bumgardner v. State of Arkansas, from Grant Circuit.
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CACR05-1168. Leland D. Lawson v. State of Arkansas, from Washington Circuit. Motion to file belated appeal.
CR06-645. Mike D. Koster v. State of Arkansas, from Carroll Circuit, Eastern District. Appellee's motion to dismiss interlocutory appeal.
05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Motion of University of Arkansas Fort Smith to dismiss appeal.
05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Motion of Fort Smith School District to dismiss appeal.
06-963. Arkansas Department of Health & Human Services v. Honorable Rita Gruber, Circuit Judge, from Pulaski Circuit, Eleventh Division. Motion for expedited consideration.
06-963. Arkansas Department of Health & Human Services v. Honorable Rita Gruber, Circuit Judge, from Pulaski Circuit, Eleventh Division. Petition for writ of certiorari and application for temporary stay.
SUBMISSIONS
05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District.
05-911. Flagstar Bank v. Kelly McQueen et al., from Pulaski Circuit, Third Division.
05-1090. Patricia Suzanne Mathews v. John Steven Mathews, from Faulkner Circuit.
05-1238. Teresa Ann Davis v. Vandell Bland, from Washington Circuit.
06-16. Carquest of Hot Springs, Inc. et al. v. General Parts, Inc., from Garland Circuit.
06-60. Watson Chapel School District v. Bernice Martin Russell, from Jefferson Circuit.
06-320. Ronny Deaver v. Faucon Properties, Inc., from Faulkner Circuit.