ARKANSAS SUPREME COURT

Opinions delivered
October 5, 2006


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Download ZIP file containing today's unpublished PDF files.


 

JIM HANNAH, CHIEF JUSTICE:

CR06-464. Mark McKeever v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Glaze and Dickey, JJ., concur. PUBLISHED [PDF]

TOM GLAZE, JUSTICE:

06-435. Baptist Health v. Linda Haynes, Kimberly Seigrist, Andre Hutson, from Pulaski Circuit, Sixth Division. Reversed and Remanded. PUBLISHED [PDF]

DONALD L. CORBIN, JUSTICE:

06-276. BKD, LLP, William E. Fingland, Jr., Steven D. Warren v. Barbara Yates, from Pulaski Circuit, Fifth Division. Affirmed. PUBLISHED [PDF]

ROBERT L. BROWN, JUSTICE:

06-354. Council of Co-Owners for the Lakeshore Resort and Yacht Club Horizontal Property Regime v. Glyneu, LLC, from Garland Circuit. Affirmed. PUBLISHED [PDF]

ANNABELLE CLINTON IMBER, JUSTICE:

CR06-287. Willie Edward Morris v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Hannah, C.J., dissents. PUBLISHED [PDF]

PER CURIAM OPINIONS:

CR05-141. Philip Eugene Parmley v. State of Arkansas, from Garland Circuit. Affirmed. UNPUBLISHED [PDF]

CR05-942. Allen Lynn Penn v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. UNPUBLISHED [PDF]

CR05-1368. Gary Lee Wise v. State of Arkansas, from Saline Circuit. Affirmed. UNPUBLISHED [PDF]

CR06-148. Darrell Watson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. UNPUBLISHED [PDF]

05-1027. Jeremy Kennedy v. Minnie Drayer, from Lincoln Circuit. Affirmed. UNPUBLISHED [PDF]

 

PER CURIAM ORDERS

REVIEW DENIED: Petition for review was denied today in the following case.

CR06-1005. Randolph Fulmer v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to appear as counsel on behalf of defendant is denied. Glaze, J., concurs in part. See concurring in part and dissenting in part opinion in Hill v. State, 363 Ark. 480, 215 S.W.3d 589 (2005).

CR06-645. Mike Koster v. State of Arkansas, from Carroll Circuit, Eastern District. Petition for rehearing and recall of mandate is denied.

CR06-737. John H. Brown v. State of Arkansas, from Saline Circuit. Appellant's motion to file supplemental brief is granted.

CR06-766. Calvin Jarome Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to file supplemental brief is granted.

CR06-785. Hosea L. Simmons v. State of Arkansas, from Izard Circuit. Appellee's motion to dismiss appeal is granted.

CR06-821. Luwalhati Lalota v. State of Arkansas, from Washington Circuit. Motion for rule on clerk. Remanded. See per curiam this date. PUBLISHED [PDF]

CR06-973. Timothy Boyd v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to supplement the record is granted.

CR06-987. Justin Lee McKeown v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk is granted. See per curiam this date. PUBLISHED [PDF]

06-501. Tomosa Summerville v. Dr. Rufus Thrower et al., from Pulaski Circuit, Second Division. Appellees' joint motion for oral argument is granted.

06-599. Dr. Bobby Perry v. Baptist Health, from Pulaski Circuit, Third Division. Appellant's motion for oral argument is denied.

06-602. City of Fayetteville, Arkansas v. Washington County, Arkansas, from Washington Circuit. Motion to file cross-appellee's brief is granted.

06-1022. Brenna Keesee v. David Keesee, from Faulkner Circuit. Motion for rule on clerk. Remanded. See per curiam this date. PUBLISHED [PDF]

CR06-1096. David E. Williams v. Honorable Lynn Williams, Circuit Judge, from GarlandCircuit. Motion to expedite is granted; petition for writ of certiorari is denied.

06-1103. Betty J. Ray v. Honorable David Frederic Guthrie, Circuit Judge, from Union Circuit. Petition for writ of certiorari is denied.

CACR01-864. Willie Lee Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se petition to reinvest jurisdiction in trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. UNPUBLISHED [PDF]

CR06-150. Narvell Johnson III v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. UNPUBLISHED [PDF]

CR06-213. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for certified record at public expense. Motion denied. See per curiam this date. UNPUBLISHED [PDF]

CR06-375. Ralph Douthitt v. State of Arkansas, from Independence Circuit. Pro se motion for reconsideration of dismissal of appeal. Motion denied. See per curiam this date. UNPUBLISHED [PDF]

CR06-621. Donald Vern Saul v. State of Arkansas, from Benton Circuit. Pro se motion for extension of time. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED [PDF]

CR06-622. Willie Brown v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED [PDF]

CR06-694. James Mosley, Jr. v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. UNPUBLISHED [PDF]

CR06-804. Hilliard Nelson v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se petition for writ of certiorari. Appeal dismissed; petition moot. See per curiam this date. UNPUBLISHED [PDF]

In Re: Supreme Court Committee on Model Jury Instructions--Civil. See per curiam this date. PUBLISHED [PDF]

P.K. Holmes III, Esq., of Fort Smith is appointed to the Committee on Model Jury Instructions-Civil for a three-year term to expire on September 30, 2009. The court extends its appreciation to Mr. Holmes for his willingness to serve on this important committee.

Edwin Lowther, Esq., of Little Rock and Kent Rubens, Esq., of West Memphis are reappointed to the Committee on Model Jury Instructions-Civil for three-year terms to expire on September 30, 2009. The court extends itsthanks to Mr. Lowther and Mr. Ruben for their continued service.

The court expresses its appreciation to Don Elliott, Esq., of Fayetteville, whose term has expired, for his years of valuable service to this committee.

 

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR06-1041. Larry E. Niblett v. State of Arkansas, from Scott Circuit.

06-748. Pest Management, Inc. et al. v. Alfred D. Langer et al., from Faulkner Circuit.

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CR06-439. Mickey David Thomas v. State of Arkansas, from Pike Circuit. Appellee's motion to provide counsel with sealed materials.

CR06-1064. Daniel R. Plunkett v. State of Arkansas, from Poinsett Circuit. Motion for rule on clerk.

05-1004. Denise Kaye Chapman et al. v. Ford Motor Company et al., from Baxter Circuit. Appellants' motion to reschedule oral argument.

06-748. Pest Management, Inc. et al. v. Alfred D. Langer et al., from Faulkner Circuit. Arkansas Trial Lawyers Association request to join appellee's petition for review.

06-855. Elizabeth Frawley v. Arkansas Professional Bail Bond Co. et al., from Pulaski Circuit, Sixth Division. Motion for reconsideration.

06-1068. Beverly Lindley v. Arkansas Department of Health & Human Services, from Benton Circuit. Appellee's motion to dismiss appeal.

06-1081. Kelly Flannery v. Arkansas Department of Health & Human Services, from Greene Circuit. Pro se motion for belated appeal.

06-1081. Kelly Flannery v. Arkansas Department of Health & Human Services, from Greene Circuit. Pro se motion to stay adoption proceedings pending disposition of motion for belated appeal.

06-1084. In Re: Jerry Hudson Shepard, Arkansas Bar No. 97094, an Original Action. State's petition to seal file.

06-1088. Glee Alan Burt et ux. v. Arkansas Department of Health & Human Services, from Pulaski Circuit, Tenth Division. Motion for rule on clerk.

 

SUBMISSIONS

CACR06-177. Miguel Pineda v. State of Arkansas, from Crawford Circuit. Argued orally.

CACR06-12. Carl Terry Pippen, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR06-178. Randall Kevin Poe v. State of Arkansas, from White Circuit.

CACR06-206. Robert Leavy v. State of Arkansas, from Pulaski Circuit, Second Division.

CACR06-307. Terry Alan Parker v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR06-314. Monroe Talbert White v. State of Arkansas, from Independence Circuit.

CACR06-403. Amy Reynolds v. State of Arkansas, from Washington Circuit.

CA05-960. Rose Harwell Williams v. Arkansas Department of Health and Human Services, from Van Buren Circuit.

CA05-1204. Tracy Riddick et al. v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Tenth Division.

CA05-1255. Josephine H. Mashburn v. Pat Salmon and Sons, Inc. et al., from Workers' Compensation Commission.

CA05-1306. Sandra Noonan v. Robert F. Noonan, from Johnson Circuit.

CA05-1338. Charles Rouse v. Vickie Rouse, from Pulaski Circuit, Seventeenth Division.

CA05-1373. Lyla Benedict v. Arkansas Department of Health and Human Services, from Washington Circuit.

CA05-1416. Vickie Lynn Groves v. Arkansas Department of Health and Human Services, from Cleveland Circuit.

CA06-103. Anita Gauvey v. Robert W. Gauvey, from Faulkner Circuit.

CA06-124. Bertha Hillis v. State of Arkansas, from Pope Circuit.

CA06-179. Kevin Lane Cunningham v. Patricia Ann Cunningham, from Independence Circuit.

CA06-209. Tammy Cranston v. Timothy Carroll, from Union Circuit.

CA06-280. William Thornsberry v. Edwin L. Smith, from Pope Circuit.

CA06-302. Superior Industries et al. v. Frank Dehner, from Workers' Compensation Commission.

CA06-341. Tonya Cotton v. Arkansas Department of Health and Human Services, from Pope Circuit.

CA06-361. Lucia Cox v. Arkansas Department of Health and Human Services, from Crawford Circuit.

CA06-394. Cavenaugh Auto Group v. Michael L. Worthington, from Workers' Compensation Commission.

CA06-398. Jimmy Singleton v. City of Pine Bluff, from Workers' Compensation Commission.

 

The following cases are appeals from the Arkansas Board of Review.

E06-125. Alonzo Triplett v. Director et al.

E06-128. Glinda K. Norris v. Director et al.

E06-130. Moon Distributing Inc. v. Director et al.

E06-131. Joseph L. Wright v. Director et al.

E06-132. Harold Wallace v. Director et al.

E06-133. Glenn D. Schkeeper v. Director et al.

E06-134. Karen S. Rudolph v. Director et al.

E06-135. Joanne Moore v. Director et al.

E06-136. Hugh B. Poynor v. Director et al.

E06-137. Sid Williams v. Director et al.

E06-138. Carl Coleman Jr. v. Director et al.

E06-139. Frank Russell v. Director et al.