Opinions delivered
November 16, 2006
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
TOM GLAZE, JUSTICE:
CR06-629. Quenton Gaye v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Imber, J., not participating. (PUBLISHED) [PDF]
06-92. Bruce Kuchmas v. Deborah Kuchmas, from Sebastian Circuit, Fort Smith District. Affirmed. (PUBLISHED) [PDF]
DONALD L. CORBIN, JUSTICE:
04-524. Sherman Noble v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. Dickey, J., not participating. (PUBLISHED) [PDF]
06-176. Brenda Chastain Downing, as Special Administrator for and on behalf of the Estate of Robert L. Harris, Deceased, and the Wrongful-Death Beneficiaries of Robert L. Harris v. Lawrence Hall Nursing Center and Lawrence Memorial Hospital, from Lawrence Circuit. Appeal Dismissed Without Prejudice. Hannah, C.J., Brown and Gunter, JJ., dissent. (PUBLISHED) [PDF]
06-381. Sharon McGhee, Sydney McGhee, Roberto Salas, Charles Stewart, Henry Evans, Craig Savell, Patrick Henry Hayes, Individually, and on behalf of a Class of Similarly Situated Persons v. Arkansas State Board of Collection Agencies and Rusty Guinn, Jerry Markham, Randy Bynum, Opal Lang, and Gary Frala, in Their Official Capacities as Board Members of the Arkansas State Board of Collection Agencies and Arkansas Financial Services Association, from Pulaski Circuit, Seventh Division. Affirmed in Part; Reversed and Remanded in Part. (PUBLISHED) [PDF]
ROBERT L. BROWN, JUSTICE:
06-73. Great Lakes Chemical Corporation v. Scott D. Bruner, in His Official Capacity as Interim Director of the Arkansas Oil & Gas Commission, Spence A. Lemons, W. Frank Morledge, Chad White, Mike Davis, Carolyn Pollan, Charles Wohlford, and Bill Poynter, in Their Official Capacities as Duly Appointed and Acting Commissioners of the Arkansas Oil & Gas Commission; and W.H. Arnold and Bill Bush, in Their Official Capacities as Duly Appointed Special Commissioners of the Arkansas Oil & Gas Commission and Albemarle Corporation, from Union Circuit. Arkansas Oil & Gas Commission Affirmed on Direct Appeal; Affirmed on Cross-Appeal. (PUBLISHED) [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
CR05-1233. Vasun Buford v. State of Arkansas, from Clark Circuit. Affirmed. (PUBLISHED) [PDF]
CR06-596. Charles Allen Winston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (PUBLISHED) [PDF]
06-571. Artee Williams, Director of the Arkansas Employment Security Department v. Wayne Farms, LLC, from Yell Circuit, Southern District. Affirmed in Part; Reversed and Remanded in Part. Corbin, J., not participating. (PUBLISHED) [PDF]
BETTY C. DICKEY, JUSTICE:
06-41. Paula Jane Stewart v. Paula Sue Combs, Executrix of the Estate of James R. Stewart, Deceased, from Union Circuit. Affirmed. Hannah, C.J., concurs in part and dissents in part. (PUBLISHED) [PDF]
06-599. Dr. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division. Affirmed. (PUBLISHED) [PDF]
PER CURIAM OPINION:
CR06-114. Carl Tice v. State of Arkansas, from Pope Circuit. Reversed and Remanded. (UNPUBLISHED) [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
06-147. BYME, Inc. v. Jackie S. Ivy et ux., from Craighead Circuit, Western District. Brown, Imber, and Dickey, JJ., would grant.
06-355. The Cincinnati Insurance Company v. Kyle B. Johnson, from Greene Circuit. Brown, J., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR06-1113. Bobby H. Cox v. State of Arkansas, from Lonoke Circuit.
CR06-1193. Jason Wayne Burroughs v. State of Arkansas, from Garland Circuit. Dickey, and Gunter, JJ., would grant.
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. Dickey, J., not participating.
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CR06-506. Paul Barron, Sr. v. State of Arkansas, from Carroll Circuit, Eastern District. Petition to withdraw as counsel denied. Writ of certiorari ordered to bring up the record. See per curiam this date. (PUBLISHED) [PDF]
CR06-1212. Valdez Trevino Woods v. State of Arkansas, from Washington Circuit. Motion for rule on clerk. Motion for belated appeal granted. See per curiam this date. (PUBLISHED) [PDF]
06-1208. John Ross et ux. v. Leithan Smith et ux., from Saline Circuit. Motion and amended motion for extension of time to file transcript. Motions denied. See Coggins v. Coggins, 353 Ark. 431, 108 S.W.3d 588 (2003).
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) is denied.
CR06-688. Pamela Kaye Terry v. State of Arkansas, from Van Buren Circuit. Motion for rule on clerk is granted.
CR06-903. George Aydelotte v. State of Arkansas, from Conway Circuit. Appellee's motion to supplement the record and for brief time is denied. See Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997).
CR06-1248. Allen C. Evans v. State of Arkansas, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record. Granted 30 days.
CR06-1249. Eric Keith Hoyle v. State of Arkansas, from Polk Circuit. Motion for rule on clerk is granted.
06-147. BYME, Inc. v. Jackie S. Ivy et ux., from Craighead Circuit, Western District. Appellees' petition for order requiring additional security. Remanded for determination.
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 is denied. Glaze, J., would grant.
06-1227. Gary Lane Coulter v. Samuel Carusi et al., from Miller Circuit. Motion for belated appeal is denied.
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 is granted.
06-1250. Bobbie Stewart v. Ozark Capital Corporation, from St. Francis Circuit. Motion for rule on clerk is denied.
06-1252. Wanda Scott v. Robinson Nursing and Rehabilitation Center, LLC, from Pulaski Circuit, Seventeenth Division. Motion for rule on clerk is denied.
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 is granted. Circuit Clerk and Court Reporter to comply with Supreme Court Rule 3-1(m) within 30 days; final extension.
06-1271. Yvette Sansom v. Arkansas Department of Human Services et al., from Crittenden Circuit. Appellees' motion to dismiss appeal is granted without prejudice.
CACR01-106. John Ragsdale v. State of Arkansas, from Miller Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
CR06-785. Hosea L. Simmons v. State of Arkansas, from Izard Circuit. Pro se motion for copy of documents at public expense. Motion denied. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
CR06-1115. Ronnie L. Garrett v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
06-662. Edwin Martin v. Judicial Discipline and Disability Commission, an Original Action. Pro se request for reconsideration of pro se petition for writ of certiorari. Request forreconsideration denied. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
06-825. Willie G. Davis, Jr. v. State of Arkansas, from Lincoln Circuit. Pro se motions to file belated brief and to file brief with extended argument. Appeal dismissed; motion moot. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
MOTIONS SUBMITTED
PETITION FOR REVIEW:
06-1235. Arkansas Department of Health and Human Services v. Shelly Holman, from Carroll Circuit, Eastern District.
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CR06-675. Eugene Ray Callaway v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to seal portions of the record and brief.
CR06-699. John Richard Lukach, Jr. v. State of Arkansas, from Hot Spring Circuit. Appellee's motion to dismiss appeal.
CR06-821. Luwalhati Lalota v. State of Arkansas, from Washington Circuit. Motion for extension of time to return remand.
CR06-905. Ryan A. Embree v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Petition for stay, prohibition and/or writ of mandamus.
CR06-905. Ryan A. Embree v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal and brief in support.
CR06-931. Taurus Laharold Bryant v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.
CR06-945. Stacy Tubbs v. State of Arkansas, from Union Circuit. Motion to withdraw as counsel, substitution of other counsel, and to stay briefing schedule.
CR06-945. Stacy Tubbs v. State of Arkansas, from Union Circuit. Joint motion to substitute counsel.
CR06-960. Jason B. Rogers v. State of Arkansas, from Crittenden Circuit. Appellee's motionto dismiss appeal.
CR06-1263. Leslie A. Young v. State of Arkansas, from Sharp Circuit. Motion to withdraw and appoint substitute counsel.
06-100. Michael Dewayne Sims v. Honorable Timothy D. Fox, Circuit Judge, from Pulaski Circuit, Sixth Division. Motions to dismiss petition.
06-100. Michael Dewayne Sims v. Honorable Timothy D. Fox, Circuit Judge, from Pulaski Circuit, Sixth Division. Motion for costs and attorney's fees for preparation of supplemental abstract and addendum.
06-672. Linda McMickle et al. v. David Griffin et al., from Phillips Circuit. Appellees' motion for expansion of the page limit.
06-831. Wilkins & Associates, Inc. v. Vimy Ridge Municipal Water Improvement District 139, from Pulaski Circuit, First Division. Motion to intervene as an appellee by The Bank of New York, Trustee.
06-858. Arkansas Department of Health and Human Services v. R.C., from Pulaski Circuit, Thirteenth Division. Appellee's motions to consolidate oral arguments with C.C.B v. Arkansas Department of Health and Human Services (06-554).
06-1251. Glenn Davidson et al. v. Rhonda Summers, from Pulaski Circuit, First Division. Motion for rule on clerk.
06-1251. Glenn Davidson et al. v. Rhonda Summers, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal.
06-1287. Cavalry SPV I, LLC v. Fairl Anderson, from Independence Circuit. Appellee's motion to dismiss appeal.
SUBMISSIONS
CR06-822. Jarrod Matthew Loar v. State of Arkansas, from Lonoke Circuit.
06-100. Michael Dewayne Sims v. Honorable Timothy D. Fox, Circuit Judge, from Pulaski Circuit, Sixth Division.
06-126. Robert T. Williams et al. v. Bushy Island Public Water Authority of the State of Arkansas, from Pulaski Circuit, Third Division.
06-463. Michael Dewayne Sims et al. v. Scott Fletcher et al., from Pulaski Circuit, Sixth Division.