Opinions delivered
December 14, 2006
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
TOM GLAZE, JUSTICE:
06-436. Kimberly Roberts v. Richard Westover and Michelle Lisi, from Pulaski Circuit, Ninth Division. Reversed and Dismissed. Dickey, J., not participating. (PUBLISHED) [PDF]
DONALD L. CORBIN, JUSTICE:
06-638. Charles Sluder and Misty Sluder v. Steak & Ale of Little Rock, Inc. D/B/A Bennigan's Grill & Tavern of Texarkana and MRS Management Company, LP, from Miller Circuit. Affirmed. Glaze, J., concurs. Dickey, J., not participating. (PUBLISHED) [PDF]
ROBERT L. BROWN, JUSTICE:
06-740. Mike Wilson v. Richard Weiss, Director, DFA; Jim Wood, Auditor; Gus Wingfield, Treasurer; City of Bigelow; Cleburne County; City of Jacksonville; Jacksonville Museum of Military History; Jacksonville Boys and Girls Club; and Reed's Bridge Preservation Society, from Pulaski Circuit, Fifth Division. Dismissed Without Prejudice In Part; Reversed and Remanded in Part. Hannah, C.J., concurs in part and dissents in part. Dickey, J., not participating. (PUBLISHED) [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
CR06-710. Larry Darnell Brunson v. State of Arkansas, from Jefferson Circuit. Affirmed. Dickey, J., not participating. (PUBLISHED) [PDF]
JIM GUNTER, JUSTICE:
05-1004. Denise Kaye Chapman, Administratrix of the Estate of Nathaniel Allen Chapman, Deceased, and Guardian and Next Friend of Jonathan Chapman, a Minor, and Marlene Fett v. Ford Motor Company and Wal-Mart Stores, Inc., from Baxter Circuit. Affirmed. Special Associate Justices Thomas L. Williams and J. Mark White join. Corbin and Dickey, JJ., not participating. (PUBLISHED) [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR05-1407. Christopher Newton White v. State of Arkansas, from Benton Circuit. See supplemental opinion this date. Imber and Dickey, JJ., not participating. (PUBLISHED) [PDF]
CR06-512. William Greg Smith v. State of Arkansas, from Garland Circuit. See per curiam this date. (UNPUBLISHED) [PDF]
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR06-1085. Rikko Smith v. State of Arkansas, from Jefferson Circuit.
06-1256. Arkansas Department of Health and Human Services v. J.N., from Washington Circuit.
06-1288. Jerry Wilson v. Jennifer Construction Co. et al., from Arkansas Workers' Compensation Commission.
06-1295. Vickie Lynn Groves v. Arkansas Department of Health and Human Services, from Cleveland 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 is granted. See supplemental opinion this date. Imber and Dickey, JJ., not participating.
06-1081. Kelly Flannery v. Arkansas Department of Health and Human Services, from Greene Circuit. Motion for leave to proceed in forma pauperis; motion for appointment of counsel. Motions granted. See per curiam this date. (PUBLISHED) [PDF]
CR06-688. Pamela Kaye Terry v. State of Arkansas, from Van Buren Circuit. Motion to be relieved as counsel is denied. See Tice v. State, 365 Ark. 410, 230 S.W.3d 557 (2006).
CR06-1197. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk is granted.
CR06-1216. Kenneth Munn v. State of Arkansas, from Howard Circuit. Motion for rule on clerk is granted.
06-796. Jamie Long v. Arkansas Department of Health and Human Servcies, from Pulaski Circuit, Tenth Division. Motion to file belated brief is granted.
06-1302. Martha Simpson v. Honorable Raymond C. Kilgore Jr., Circuit Judge, from Pulaski Circuit, Thirteenth Division. Petition for writ of mandamus. Moot.
06-1361. Iyanna Pierce v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Eleventh Division. Appellant's motion to waive filing fee is denied without prejudice. See Arkansas Supreme Court Rule 6-6.
06-1407. Rafael Ortiz, Jr. v. Honorable Grisham Phillips, Circuit Judge, from Saline Circuit. Petition for writ of prohibition on emergency or accelerated basis or a writ of certiorari is denied.
CR06-612. David Carroll Goodwin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for reconsideration of denial of leave to file supplemental brief and motion to proceed in forma pauperis. Motion denied. See per curiam this date. (UNPUBLISHED) [PDF]
CR06-849. Brian Crossno v. State of Arkansas, from Johnson Circuit. Motion for rule on clerk. Motion for rule on clerk treated as motion for belated appeal and granted in part and denied in part. See per curiam this date. (UNPUBLISHED) [PDF]
CR06-1071. Steven Lamont Womack v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for extension of time to file appellant's brief, to consolidate cases and access transcript. Appeal dismissed; motion moot. See per curiam this date. (PUBLISHED) [PDF]
CR06-1083. Derrick Wayne Walker v. State of Arkansas, from Jefferson Circuit. Pro se motions for belated appeal and to withdraw motion for belated appeal. Motion for belated appeal denied; motion to withdraw motion for belated appeal moot. See per curiam this date. (UNPUBLISHED) [PDF]
CR06-1188. Larry Peters v. State of Arkansas, from Nevada Circuit. Pro se motion for belated appeal. Remanded. See per curiam this date. (UNPUBLISHED) [PDF]
06-332. Darrell Dennis a/k/a Darrell Napoleon Dennis v. State of Arkansas, from Jefferson Circuit. Pro se petition for writ of mandamus to expedite appeal. Petition for writ of mandamus treated as motion to expedite appeal and denied. See per curiam this date. (UNPUBLISHED) [PDF]
In Re: Child Support Committee. See per curiam this date. (PUBLISHED) [PDF]
Judge Graham Partlow, Circuit Judge, Retired, of Blytheville and Melinda Gilbert, Esq., of Little Rock are reappointed to the Child Support Committee for four-year terms to expire on November 30, 2010. The court thanks these members for accepting reappointment to this important committee.
In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (PUBLISHED) [PDF]
Win A. Trafford, Esquire, of Pine Bluff (Panel A, attorney member from the Fourth Congressional District), Valerie L. Kelly, Esquire, of Jacksonville (Panel B, At-Large attorney member), and Kenneth R. Mourton, Esquire, of Fayetteville (Panel C, attorney member from the Third Congressional District) currently serve on the Professional Conduct Committee. Their terms expire on December 31, 2006. Each member is eligible for reappointment to a full term on the Committee and has expressed a willingness to continue to serve on this important Court Committee. Mr. Trafford, Ms. Kelly and Mr. Mourton are hereby reappointed, effective January 1, 2007, to a six year term in their respective current positions on the Committee, with the new term of each member to expire on December 31, 2012.
The Court expresses its gratitude to Mr. Trafford, Ms. Kelly, and Mr. Mourton for their dedicated and faithful service to the Committee, and their willingness to continue in this service.
In the Matter of Chief Justice Betty C. Dickey. See per curiam this date. (PUBLISHED) [PDF]
Justice Betty C. Dickey was appointed Chief Justice of the Arkansas Supreme Court effective January 1, 2004. She was the first woman to serve in that post. Following her term as chief justice, she was appointed associate justice of the court where she has served for the past two years. Justice Dickey has been an able and committed public servant for virtually all of her professional life, serving as prosecuting attorney for the 11th West Judicial District, Commissioner of the Arkansas Public Service Commission, and Justice of the Arkansas Supreme Court. Her considerable experience, ready wit, sensitivity to the disadvantaged, and innate sense of right and wrong will be sorely missed by her colleagues on the bench. We wish her Godspeed and best wishes in the years ahead.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
04-524. Sherman Noble v. Larry Norris, from Jefferson Circuit.
06-599. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, ThirdDivision.
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PETITIONS FOR REVIEW:
06-1296. Virginia Totten Werts v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Tenth Division.
06-1297. Deann Latiolais v. Arkansas Department of Health and Human Services, from Faulkner Circuit.
06-1335. Carl Holt v. Terracon Consultants, Inc., from Arkansas Workers' Compensation Commission.
06-1352. Billy Hendricks v. Crown Contractors et al., from Arkansas Workers' Compensation Commission.
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CR06-1269. State of Arkansas v. Quincy Grigsby, from Jefferson Circuit. Motion to withdraw as attorney of record.
CR06-1385. Eric Davis v. State of Arkansas, from Bradley Circuit. Motion for rule on clerk and motion to substitute counsel.
CR06-1389. Leeotis Sims v. State of Arkansas, from Clark Circuit. Motion for rule on clerk.
CR06-1404. Tommy R. Sevier, Jr. v. State of Arkansas, from Miller Circuit. Motion for rule on clerk.
06-946. Jerala Grayson v. Bob Ross et al., an Original Action. Respondents' motion for belated brief.
06-985. Robin Crowell v. Charles Barker, M.D. et al., from Craighead Circuit, Western District. Motion of the Arkansas Trial Lawyers Association to file amicus curiae brief.
06-1025. First Security Bank v. Estate of Paul C. Leonard, from Johnson Circuit. Motion to strike pleadings from record and addendum and to strike references to pleadings from appellant's reply brief.
06-1182. Mike Huckabee, Governor et al. v. Arkansas Democrat-Gazette, Inc. et al., from Pulaski Circuit, Second Division. Appellants' motion for time to file corrected brief.
06-1373. Susan D. Brunetti v. Honorable David G. Henry, Circuit Judge, from Arkansas Circuit, Northern District. Petition for writ of mandamus.
06-1379. Willie Menzies et al. v. Arkansas Department of Health and Human Services, from Jefferson Circuit. Motion for rule on clerk.
SUBMISSIONS
CR06-550. Mark Anthony Holsombach v. State of Arkansas, from Van Buren Circuit.
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.
06-415. Office of Child Support Enforcement v. Anthony L. Parker, from Pulaski Circuit, Ninth Division.
06-619. Woodson D. Walker v. Supreme Court Committee on Professional Conduct, an Original Action.
06-820. Paul Vick v. Dennis Cecil, from Logan Circuit, Northern District.