ARKANSAS SUPREME COURT

Opinions delivered
November 9, 2006


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Download ZIP file containing today's unpublished PDF files.


 

JIM HANNAH, CHIEF JUSTICE:

05-1250. Cary Lee Carter and Shelley Carter, Husband and Wife, Individually et al. v. Georgia-Pacific Resins, Inc., a Delaware Corporation et al., from Ashley Circuit. Dismissed. Special Justice Roger D. Rowe joins. Glaze, J., not participating. (PUBLISHED) [PDF]

06-1121. Alvin P. Simes v. Jack Crumbly, Arnell Willis, St. Francis County Election Board, Wesley N. Freemyer, Fran Anderson, Board of Election Commissioners, Maxine Miller and Linda White, from Pulaski Circuit, Twelfth Division. Affirmed. Glaze and Dickey, JJ., concur. See concurring opinion in Willis v. Crumbly, No. 06-1147. (Proceedings of November 6, 2006) (PUBLISHED) [PDF]

ROBERT L. BROWN, JUSTICE:

06-1147. Representative Arnell Willis v. Jack Crumbly; The St. Francis County Election Commission, Frederick Freeman, Chair; Maceo Hawkins, and Chris Oswalt, all in their official capacities as members of the St. Francis County Election Commission, from St. Francis Circuit. Reversed and Remanded. Glaze and Dickey, JJ., concur. (Proceedings of November 6, 2006) (PUBLISHED) [PDF]

JIM GUNTER, JUSTICE:

CR05-1414. Aaron Strong v. State of Arkansas, from Drew Circuit. Affirmed. Hannah, C.J., Brown, and Imber, JJ., dissent. (PUBLISHED) [PDF]

PER CURIAM OPINION:

CR06-598. Billy Joe Henson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Glaze, J., not participating. (UNPUBLISHED) [PDF]

 

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

06-354. Council of Co-Owners for the Lakeshore Resort and Yacht Club et al. v. Glyneu, LLC, from Garland Circuit.

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REVIEW GRANTED: Petition for review was granted today in the following case.

06-1143. Randy Tucker v. Regina Tucker et al., from Pope Circuit.

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

06-1125. Wendy Gayle Williamson v. Paul Brian Albritton, from Union Circuit.

06-1138. Deborah Elizabeth Foster v. Charles Ray Foster, Sr., from Sebastian Circuit, Fort Smith District.

06-1154. James Huey v. Sandra Huey (Sheiron), from Drew Circuit.

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CR06-475. Patrick Trowbridge v. State of Arkansas, from Boone Circuit. Motion for leave to withdraw appearance as counsel. Motion denied. See per curiam this date. (PUBLISHED) [PDF]

CR06-550. Mark Anthony Holsombach v. State of Arkansas, from Van Buren Circuit. Motion for release of exhibits and for expedited consideration. Granted upon substitution of copies.

CR06-686. Steve Hill v. State of Arkansas, from Arkansas Circuit, Southern District. Appellant's motion for time to correct brief is granted.

CR06-1197. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk. Remanded. See per curiam this date. (PUBLISHED) [PDF]

CR06-1216. Kenneth Munn v. State of Arkansas, from Howard Circuit. Motion for rule on clerk. Remanded. See per curiam this date. (PUBLISHED) [PDF]

05-666. Oscar Stilley v. Fort Smith School District et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to recall the mandate and for stay pending petition for certiorari to the United States Supreme Court. Granted 90 days.

06-740. Mike Wilson v. Richard Weiss, Director, Department of Finance and Administration et al., from Pulaski Circuit, Fifth Division. Appellees' motion to allow late filing is granted.

06-740. Mike Wilson v. Richard Weiss, Director, Department of Finance and Administration et al., from Pulaski Circuit, Fifth Division. Appellant's motion to accelerate case on Court'sdocket is denied.

06-1081. Kelly Flannery v. Arkansas Department of Human Services, from Greene Circuit. Motion for belated appeal is granted. See per curiam this date. (PUBLISHED) [PDF]

06-1218. Sharon Jeanette Henningsen v. Honorable Timothy D. Fox, Circuit Judge et al., from Pulaski Circuit, Sixth Division. Petition for extraordinary relief is denied.

CR06-995. Wilson J. McCrackin, Jr. v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk is granted.

06-705. Glenn David Woods et ux. v. Beverly Tapper, from Ouachita Circuit. Motion for rule on clerk is granted.

CR95-1258. Lamont Bowden v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for copies and transcript at public expense. Motion denied. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]

CR06-544. Roberto Benavidez v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to file belated brief. Appeal dismissed; motion moot. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]

CR06-1095. William Pugh, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se motion for belated appeal of judgment. Motion granted; petitioner declared indigent and counsel appointed. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]

CR06-1118. Manuel Toombs v. State of Arkansas, from Lee Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]

06-901. Curtis Mitchell a/k/a Curtis O'Neal Mitchell v. State of Arkansas, from Lee Circuit. Pro se motion for duplication of brief at public expense. Appeal dismissed; motion moot. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]

In Re: Supreme Court Committee on Automation. See per curiam this date. (PUBLISHED) [PDF]

Honorable Jay Moody, of Little Rock, Ms. Judy West of North Little Rock, Mr. Ned Snow of Fayetteville and Ms. Linda Shields of Little Rock, are appointed to the Committee on Automation for three-year terms to expire October 31, 2009. The court extends its thanks to Mr. Moody, Ms. West, Mr. Snow and Ms. Shields for accepting appointments to the committee and to Ms. Karen Sharp and Mr. Tom Leath for accepting reappointment.

The court thanks Mr. Reed Edwards of Little Rock, Mr. James McCormack of Little Rock and Honorable Barry Sims of Little Rock, whose terms expired, for their service on the committee.

 

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

06-147. BYME, Inc. v. Jackie S. Ivy et ux., from Craighead Circuit, Western District.

06-355. The Cincinnati Insurance Company v. Kyle B. Johnson, from Greene Circuit.

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PETITIONS FOR REVIEW:

CR06-1113. Bobby H. Cox v. State of Arkansas, from Lonoke Circuit.

CR06-1193. Jason Wayne Burroughs v. State of Arkansas, from Garland Circuit.

06-1153. Jane Merle Keahey v. William A. Cox et al., from Miller Circuit.

06-1199. Margaret Lillette Smith v. Robert McCracken et ux., from Ashley Circuit.

06-1215. Rhonda Coleman v. Dennis W. Jacks, M.D., from Jefferson Circuit.

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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).

CR06-688. Pamela Kaye Terry v. State of Arkansas, from Van Buren Circuit. Motion to return order on remand.

CR06-903. George Aydelotte v. State of Arkansas, from Conway Circuit. Appellee's motion to supplement the record and for brief time.

CR06-1248. Allen C. Evans v. State of Arkansas, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record.

CR06-1249. Eric Keith Hoyle v. State of Arkansas, from Polk Circuit. Motion for rule on clerk.

06-147. BYME, Inc. v. Jackie S. Ivy et ux., from Craighead Circuit, Western District. Appellees' petition for order requiring additional security.

06-748. Pest Management, Inc. et al. v. Alfred D. Langer et al., from Faulkner Circuit. Appellants' motion to file brief in response to amicus brief of Arkansas Trial Lawyers Association.

06-1227. Gary Lane Coulter v. Samuel Carusi et al., from Miller Circuit. Motion for belated appeal.

06-1243. D. Mark McCoy, M.D. et al. v. Paul Montgomery et al., from Sebastian Circuit, Fort Smith District. Petition for writ of certiorari to complete the record.

06-1250. Bobbie Stewart v. Ozark Capital Corporation, from St. Francis Circuit. Motion for rule on clerk.

06-1252. Wanda Scott v. Robinson Nursing and Rehabilitation Center, LLC, from Pulaski Circuit, Seventeenth Division. Motion for rule on clerk.

06-1252. Wanda Scott v. Robinson Nursing and Rehabilitation Center, LLC, from Pulaski Circuit, Seventeenth Division. Petition for writ of certiorari to complete the record.

06-1271. Yvette Sansom v. Arkansas Department of Human Services et al., from Crittenden Circuit. Appellees' motion to dismiss appeal.

 

SUBMISSIONS

06-73. Great Lakes Chemical Corporation v. Scott Bruner, from Union Circuit. Argued orally.

CR05-1233. Vasun Buford v. State of Arkansas, from Clark Circuit.

CR06-629. Quenton Gaye v. State of Arkansas, from Pulaski Circuit, Fourth Division.

04-524. Sherman Noble v. Larry Norris, from Jefferson Circuit.

06-599. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division.