Opinions delivered
November 30, 2006
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JIM HANNAH, CHIEF JUSTICE:
CR06-88. Judy Ann Flanagan v. State of Arkansas, from Craighead Circuit, Eastern District. Affirmed. Corbin and Imber, JJ., dissent. (PUBLISHED) [PDF]
06-1206. Cindy M. Baker v. Robert T. Rodgers; Carroll County Board of Election Commission; Carroll County Board of Election Commissioners; Levi Phillips, Chairman; David Hoover and Joe Goforth, Members of the Carroll County Board of Election Commissioners, from Carroll Circuit. Reversed and remanded. Glaze, J., concurs in part and dissents in part. Imber and Dickey, JJ., not participating. (PUBLISHED) [PDF]
TOM GLAZE, JUSTICE:
CR06-822. Jarrod Matthew Loar v. State of Arkansas, from Lonoke Circuit. Affirmed. (PUBLISHED) [PDF]
DONALD L. CORBIN, JUSTICE:
06-463. Michael Dewayne Sims; Bob Bomar; Geraldine Reshel; Kenneth Way; Nathan Hutson Way; Humnoke Farms, Inc.; Gerald P. Smith; Betty Hoyt v. Scott Fletcher; Keith Moser; Barry Jewell; Jewell, Moser, Fletcher & Holleman, P.A. and John Holleman; Holleman & Associates, P.A., from Pulaski Circuit, Sixth Division. Appeal Dismissed Without Prejudice. (PUBLISHED) [PDF]
ROBERT L. BROWN, JUSTICE:
06-100. Michael Dewayne Sims v. Circuit Court of Pulaski County, Arkansas, Sixth Division, The Honorable Timothy D. Fox and John Holleman, Holleman & Associates, P.A., from Pulaski Circuit, Sixth Division. Petition for Writ of Certiorari, or in the alternative, Writ of Prohibition, and Application for Temporary Relief and Stay. Denied Without Prejudice, Motion to Dismiss Moot, Motion for Costs Granted. Substituted opinion issued upon denial of petition for rehearing January 18, 2007. (PUBLISHED) [PDF]
BETTY C. DICKEY, JUSTICE:
05-960. Rose Harwell-Williams and Roger Jarrell v. Arkansas Department of Human Services, from Van Buren Circuit. Affirmed. Hannah, C.J., and Corbin, J., concur. (PUBLISHED) [PDF]
06-606. Sherry Parker and Sherry Crow v. Raymond Johnson and Loree Johnson, from Union Circuit. Reversed and Remanded. Imber, J., concurs. Hannah, C.J., Corbin and Gunter, JJ., dissent. (PUBLISHED) [PDF]
JIM GUNTER, JUSTICE:
06-83. Michele Kelly Hill v. James Edward Kelly, III, from Sebastian Circuit, Fort Smith District. Affirmed as Modified. Imber and Dickey, JJ., dissent. (PUBLISHED) [PDF]
06-126. Robert T. Williams, Josephine Williams, Robert Jones, Sr., Dorothy A. Jones, Andrew W. Williams, Fredonia Williams, Delbert L. Gieber, Dara J. Gieber, Bowman M. Burns, Jr., Lela Burns and all others similarly situated v. Brushy Island Public Water Authority of the State of Arkansas, formerly known as Brushy Island Water Association, Inc., Christopher Baker, Florestine Perkins, Lee A. Jeffery, Jerry Carter and George Coleman, in their respective capacities as Directors and/or Trustees and/or Officers of Brushy Island Public Water Authority of the State of Arkansas, formerly known as Brushy Island Water Association, Inc., from Pulaski Circuit, Third Division. Affirmed. (PUBLISHED) [PDF]
PER CURIAM OPINION:
CR06-477. Lance Alan Branscrum v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Glaze, J., not participating. (UNPUBLISHED) [PDF]
PER CURIAM ORDERS
REVIEW DENIED: Petition for review was denied today in the following case.
06-1235. Arkansas Department of Health and Human Services v. Shelly Holman, from Carroll Circuit, Eastern District.
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01-836. Lake View School District No. 25 of Phillips County, Arkansas, et al. v. Mike Huckabee, Governor of the State of Arkansas, et al., from Pulaski Chancery, Second Division. Motion to defer issuance of mandate pending additional report from the special masters. Special Justice Dalby joins. Hannah, C.J., and Gunter, J., dissent. Imber, J., not participating. (PUBLISHED) [PDF]
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 is granted.
CR06-699. John Richard Lukach, Jr. v. State of Arkansas, from Hot Spring Circuit. Appellee's motion to dismiss appeal is granted.
CR06-821. Luwalhati Lalota v. State of Arkansas, from Washington Circuit. Motion for extension of time to return remand. Granted 15 days; final extension. Hannah, C.J., and Gunter, J., would deny.
CR06-905. Ryan A. Embree v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Petition for stay, prohibition and/or writ of mandamus is denied.
CR06-905. Ryan A. Embree v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.
CR06-931. Taurus Laharold Bryant v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal is granted.
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 is granted.
CR06-945. Stacy Tubbs v. State of Arkansas, from Union Circuit. Joint motion to substitute counsel is granted.
CR06-960. Jason B. Rogers v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.
CR06-1263. Leslie A. Young v. State of Arkansas, from Sharp Circuit. Motion to withdraw and appoint substitute counsel is denied.
06-100. Michael Dewayne Sims v. Honorable Timothy D. Fox, Circuit Judge, from Pulaski Circuit, Sixth Division. Motions to dismiss petition and motion for costs and attorney's fees for preparation of supplemental abstract and addendum. See opinion issued this date.
06-672. Linda McMickle et al. v. David Griffin et al., from Phillips Circuit. Appellees' motion for expansion of the page limit is granted.
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 is denied.
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). Motions denied. Imber, J., not participating.
06-1287. Cavalry SPV I, LLC v. Fairl Anderson, from Independence Circuit. Appellee's motion to dismiss appeal is denied.
CR06-1353. Rufus Johnson v. Honorable Berlin C. Jones, Circuit Judge, from Jefferson Circuit. Petition for writ of prohibition is denied without prejudice. (Proceedings of November 22, 2006)
CR06-584. Michael L. Venn v. State of Arkansas, from Benton Circuit. Pro se motions for reconsideration of denial of leave to file pro se supplemental brief and to exclude appellee's brief. Motions denied. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
CR06-1173. Willie Reynolds v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief and for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
CR06-1174. Thomas Adams, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to proceed in circuit court under Ark. R. Crim. P. 37.1, for access to transcript, to proceed in forma pauperis, to expedite motions, and to stay appeal. Appeal dismissed; motions moot. See per curiam this date. Glaze, J., not participating. (UNPUBLISHED) [PDF]
06-625. In Re: Adoption of Amendment to Rule 1.15, Arkansas Rules of Professional Conduct, and Enabling Powers for the Arkansas Iolta Foundation, Inc. See per curiam this date. (PUBLISHED) [PDF]
In Re: Arkansas Lawyers Assistance Program. See per curiam this date. (PUBLISHED) [PDF]
In Re: Arkansas Rules and Regulations for Minimum Continuing Legal Education. See per curiam this date. (PUBLISHED) [PDF]
In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (PUBLISHED) [PDF]
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR05-1407. Christopher Newton White v. State of Arkansas, from Benton Circuit.
CR06-29. Justin Anderson v. State of Arkansas, from Miller Circuit.
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PETITIONS FOR REVIEW:
06-1192. Hot Spring County Solid Waste Authority et al. v. Hot Spring County et al., from Hot Spring Circuit.
06-1205. Mark Simmons v. Angie Dixon, from Mississippi Circuit, Chickasawba District.
06-1242. Darrell R. Magby et ux. v. Atkinson Realty, Inc. et al., from Franklin Circuit.
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CR05-1407. Christopher Newton White v. State of Arkansas, from Benton Circuit. Motion for stay of mandate in order to petition for writ of certiorari.
CR06-887. Tommy Ray Mosley et al. v. State of Arkansas, from Garland Circuit. Pro se motion for reconsideration of dismissal of appeal.
CR06-903. George Aydelotte v. State of Arkansas, from Conway Circuit. Appellee's motion to file belated brief.
CR06-973. Timothy Boyd v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file an enlarged brief.
CR06-1095. Willie M. Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Petition for writ of certiorari to complete the record.
CR06-1117. State of Arkansas v. Jose Blandin, from Pulaski Circuit, Seventh Division. Motions for entry of appearance.
CR06-1117. State of Arkansas v. Jose Blandin, from Pulaski Circuit, Seventh Division. Motion to be relieved as appellee's counsel.
CR06-1269. State of Arkansas v. Quincy Grisby, from Jefferson Circuit. Motion to withdraw as attorney on direct appeal and to stay briefing schedule.
CR06-1304. Terrance Johnson v. State of Arkansas, from Jefferson Circuit. Motion to be relieved as counsel.
CR06-1327. Terry Lee Ward v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for rule on clerk and for entry of appearance as counsel on appeal.
CR06-1348. Jennifer Denise Pisto v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to file belated appeal.
06-553. Stevie Christine Wilson Boyd v. Honorable Philip Gregory Smith, Circuit Judge, from Sharp Circuit. Motion to file brief.
06-638. Charles Sluder et al. v. Steak & Ale of Little Rock, Inc., from Miller Circuit. Appellants' unopposed motion for leave to file belated reply brief.
06-682. Linda Jo Robinson v. Dr. Joseph Jensen, from Jefferson Circuit. Appellant's motion for release of records.
06-743. Elmer Cochran et ux. v. Marshall Bentley et ux., from Independence Circuit. Appellants' motion to permit photographs in reply brief.
06-796. Jamie Long v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to withdraw request to submit supplemental brief.
06-877. Beverly Enterprises-Arkansas, Inc. et al. v. Annette Thomas, from Independence Circuit. Appellee's motion to correct brief.
06-900. H.G. Davis v. Don Sellers et al, from Faulkner Circuit. Appellant's motions for reconsideration, to set briefing, and to supplement the record.
06-972. Oscar Stilley v. Supreme Court Committee on Professional Conduct , an Original Action. Petition for writ of certiorari to complete the record.
06-983. Cynthia Brown Thomas v. James W. Avant, from Clark Circuit. Appellee's motion to supplement the record.
06-1022. Brenna Keesee v. David Keesee, from Faulkner Circuit. Motion for return of remand.
06-1081. Kelly Flannery v. Arkansas Department of Health and Human Services, from Greene Circuit. Appellant's motion for leave to proceed in forma pauperis and for appointment of counsel.
06-1284. Helena-West Helena School District #2 et al. v. Honorable L.T. Simes, II., Circuit Judge, from Phillips Circuit. Petition for writ of prohibition.
06-1294. Centerpoint Energy, Inc. et al. v. Honorable James Hudson, Circuit Judge, from Miller Circuit. Motion of the Arkansas Public Service Commission to file amicus curiae brief.
06-1294. Centerpoint Energy, Inc. et al. v. Honorable James Hudson, Circuit Judge, from Miller Circuit. Petitioners' unopposed motion to supplement the record.
06-1309. Deana Presley et al. v. Leonard Brown, from Conway Circuit. Motion for rule on clerk.
06-1328. James W. Hyden et al. v. Honorable Willard Proctor Jr., Circuit Judge, from Pulaski Circuit, Fifth Division. Petition for writ of prohibition.
SUBMISSIONS
CR06-221. Thomas Leo Springs v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Argued orally.
CR06-412. Judy Hart v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CR06-857. State of Arkansas v. Lawrence Britt, Jr., from Pulaski Circuit, Fifth Division.
06-331. Wilbert Randall v. State of Arkansas, from Jefferson Circuit.
06-760. First National Bank of Lewisville v. Eddie Mayberry et ux., from Columbia Circuit.
06-765. Nationwide Insurance Enterprise v. Tamela Ibanez, from Benton Circuit.
06-1206. Cindy M. Baker v. Robert T. Rogers et al., from Carroll Circuit, Eastern District.