Opinions delivered
January 11, 2007
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
TOM GLAZE, JUSTICE:
CR06-813. State of Arkansas v. Robert Edward Rapp, from Sebastian Circuit, Fort Smith District. Appeal Dismissed. (PUBLISHED) [PDF]
DONALD L. CORBIN, JUSTICE:
06-415. State of Arkansas Office of Child Support Enforcement and Norma Westbrook v. Anthony L. Parker, from Pulaski Circuit, Ninth Division. Reversed and Remanded. Brown, J., concurs. Danielson, J., not participating. (PUBLISHED) [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
CR06-669. Michael Todd Davis v. State of Arkansas, from Crawford Circuit. Affirmed. (PUBLISHED) [PDF]
JIM GUNTER, JUSTICE:
CR06-550. Mark Anthony Holsombach v. State of Arkansas, from Van Buren Circuit. Affirmed. Danielson, J., not participating. (PUBLISHED) [PDF]
CR06-675. Eugene Ray Callaway v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (PUBLISHED) [PDF]
06-765. Nationwide Insurance Enterprise v. Tamela Ibanez and Wal-Mart Stores, Inc., from Benton
Circuit. Affirmed. Corbin and Danielson, JJ., not participating. (PUBLISHED) [PDF]
PER CURIAM OPINIONS:
CR05-1112. Charles G. Rodgers a/k/a Charles Gentry Rodgers v. State of Arkansas, from Phillips Circuit. Affirmed. (UNPUBLISHED) [PDF]
06-333. Johnny Paul Dodson v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (UNPUBLISHED) [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR06-88. Judy Ann Flanagan v. State of Arkansas, from Craighead Circuit, Eastern District.
06-606. Sherry Parker et al. v. Raymond Johnson et ux., from Union Circuit. Hannah, C.J., and Corbin and Gunter, JJ., would grant.
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REVIEW GRANTED: Petition for review was granted today in the following case.
CR06-1474. Max E. Eastin v. State of Arkansas, from Clark Circuit.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR06-1362. Alan D. Williams v. State of Arkansas, from Miller Circuit.
06-1157. Pro Transportation, Inc. v. Volvo Trucks North America, Inc. et al., from Pulaski Circuit, Second Division. Hannah, C.J., would grant.
06-1273. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division.
06-1336. Aon Risk Services v. Linda Mickles, from Pulaski Circuit, Second Division.
06-1338. Lyla Benedict v. Arkansas Department of Human Services, from Washington Circuit.
06-1382. Tammy Cranston v. Timothy Carroll, from Union Circuit.
06-1414. Virginia A. Elder and Edward W. Elder v. Mark Ford & Associates, from Sebastian Circuit, Fort Smith District.
06-1449. Rita Martin v. Mary Lynch, from Conway Circuit.
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CR06-439. Mickey David Thomas v. State of Arkansas, from Pike Circuit. Motion for waiver of page limit. Granted 6 additional pages.
CR06-686. Steve Hill v. State of Arkansas, from Arkansas Circuit, Southern District. Appellee's motion for writ of certiorari to complete the record and for compliance with Arkansas Supreme Court Rule 4-3(h) is granted.
CR06-686. Steve Hill v. State of Arkansas, from Arkansas Circuit, Southern District. Appellee's motion for extension of brief time. Moot.
CR06-976. James Dilday v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to seal portions of the record and appellant's brief is granted.
CR06-1141. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Motion for extension of time to correct brief is granted.
CR06-1175. Donald Cook v. State of Arkansas, from Pulaski Circuit, First Division. Appellee’s motion to dismiss appeal is granted.
CR06-1402. Lavaris C. Bell v. Honorable Barry Sims, Circuit Judge, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari. Moot.
CR06-1423. Robert L. Wann v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to file belated appeal. Remanded to settle record as to when appellant requested an appeal be taken.
CR06-1425. Thurman Russell v. State of Arkansas, from Baxter Circuit. Motion for rule on clerk is remanded. See per curiam this date. (PUBLISHED) [PDF]
CR06-1470. Alonzo Williams v. State of Arkansas, from Garland Circuit. Motion for rule on clerk is granted. See per curiam this date. (PUBLISHED) [PDF]
CR06-1472. Neal E. Jester v. Ron Ball, Hot Spring County Sheriff, from Hot Spring Circuit. Petition for writ of habeas corpus. Moot.
CR06-1472. Neal E. Jester v. Ron Ball, Hot Spring County Sheriff, from Hot Spring Circuit. Motion to withdraw petition for writ of habeas corpus is granted.
06-501. Tomosa Summerville v. Dr. Rufus Thrower et al., from Pulaski Circuit, Second Division. Motion for continuance of oral argument is granted.
06-858. Arkansas Department of Health and Human Services v. R.C., from Pulaski Circuit, Thirteenth Division. Motion to unseal record in order to permit appellee's counsel to prepare supplemental abstract and addendum is granted. Imber, J., not participating.
06-956. Glenn Gallas et al. v. Cecil Alexander, Chairman, Arkansas Racing Commission et al., from Garland Circuit. Petition for withdrawal is granted.
06-1122. C.A.R. Transportation Brokerage Co., Inc. v. Michael W. Seay, from Benton Circuit. Appellant's motion to supplement the addendum is granted.
06-1122. C.A.R. Transportation Brokerage Co., Inc. v. Michael W. Seay, from Benton Circuit. Appellee's motion to supplement the record and to stay brief time. Granted, 15 days.
06-1294. Centerpoint Energy, Inc. et al. v. Honorable James Hudson, Circuit Judge, from Miller Circuit. Motion for expedited submission and abatement of briefing schedule on petition for a writ of prohibition is denied. Gunter, J., not participating.
06-1336. Aon Risk Services v. Linda Mickles, from Pulaski Circuit, Second Division. Appellee's motion to strike petition for review is denied.
06-1347. Sunbeam Products, Inc. v. Bobbie Fay Grammar et al., from Miller Circuit. Appellant's motion to file an enlarged brief. Granted 5 additional pages.
06-1273. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Motion to dismiss Mountain Pure’s appeal in part only as to Stone is granted.
CR06-959. Michael Cave v. State of Arkansas, from Greene Circuit. Pro se motions for belated appeal of judgment of conviction, to correct record, and for appointment of counsel. Motions for belated appeal and to correct record denied; motion for appointment of counsel moot. See per curiam this date. (UNPUBLISHED) [PDF]
CR06-1151. James Cooper, Jeremy Moten, Ulonzo Gordon v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant’s brief. Motion granted. See per curiam this date. (UNPUBLISHED) [PDF]
CR06-1325. Kevin Seals v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (UNPUBLISHED) [PDF]
CR06-1364. Gregory M. Small v. State of Arkansas, from Polk Circuit. Pro se motion for belated appeal of order. Motion granted. See per curiam this date. (UNPUBLISHED) [PDF]
06-1413. Bufford McDonald v. Supreme Court Committee on Professional Conduct, an Original Action. Original action dismissed. See per curiam this date. (UNPUBLISHED) [PDF]
In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (PUBLISHED) [PDF]
In the Matter of the Untimely Passing of Judge Terry Crabtree. See per curiam this date. (PUBLISHED) [PDF]
Judge Terry Crabtree of the Arkansas Court of Appeals passed away on January 6, 2007. His death, terminating a lifetime of public service, is a grievous loss to the judiciary and people of Arkansas.
Terry Crabtree’s career of public service began in the United States Army, where he performed the dangerous task of helicopter door gunner with the Army’s Air Cavalry in Vietnam. Following his military service, for which he was awarded the Air Medal and the Bronze Star, he fought for justice as a police officer in the Watts area of Los Angeles until 1977, when he honorably retired after being shot in the line of duty and suffering an injury that ultimately resulted in the loss of his leg.
This injury did not end Terry Crabtree’s career as an upholder of justice. Obtaining bachelors and law degrees from the University of Arkansas in Fayetteville, Terry Crabtree showed his dedication to the ideal of justice by working as a public defender on behalf of the arrestees he had once apprehended. He began his judicial career as a municipal judge and was soon serving as Circuit-Chancery and Juvenile Judge in northwest Arkansas. His outstanding performance in these positions resulted in his being appointed to the Arkansas Court of Appeals by Governor Mike Huckabee. Judge Crabtree subsequently was elected to two consecutive terms on that court.
Judge Crabtree will be missed as a legal scholar who served on the faculty of the University of Arkansas at Little Rock and who authored some of the finest opinions ever delivered by an Arkansas appellate court. He will be missed even more for his quiet courage and idealistic devotion to duty and justice.
The court wishes to express its sincere sympathy to the family.
MOTIONS SUBMITTED
PETITION FOR REVIEW:
CR06-1475. Anthony M. Enriquez v. State of Arkansas, from Crawford Circuit.
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CR05-1407. Christopher Newton White v. State of Arkansas, from Benton Circuit. Motion for reconsideration.
CR06-849. Brian A. Crossno v. State of Arkansas, from Johnson Circuit. Motion for reconsideration.
CACR06-896. Mark Wayne Austin v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee’s motion to certify appeal to the Arkansas Supreme Court.
CACR06-966. Leon Harden v. State of Arkansas, from Drew Circuit. Renewed motion to be relieved as attorney of record and for appointment of counsel for appellant.
CACR06-966. Leon Harden v. State of Arkansas, from Drew Circuit. Renewed motion to declare appellant indigent and for enlargement of time to file brief.
CR06-1095. Willie M. Pugh v. State of Arkansas, from Mississippi Chancery, Osceola District. Appellant’s motion for extension of time to complete the record.
CR06-1129. Thomas Lee Stone v. State of Arkansas, from Crawford Circuit. Appellant’s motion to supplement.
04-1395. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Motion to abate.
04-1395. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Motion for recusal.
04-1395. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Notice of complaint and motion.
04-1395. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Motion for clarification.
04-1395. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Reginald Shelton McCullough, an Original Action. Motion to dismiss, or in the alternative, to transfer.
05-1412. Stark Ligon, As Executive Director of the Supreme Court Committee on Professional Conduct v. Zimmery Crutcher, Jr., an Original Action. Respondent's motion for recusal of special judge.
06-734. Fordyce Bank & Trust Company v. Bean Timberland, Inc. et al., from Dallas Circuit. Motion to withdraw as counsel for appellant.
06-1294. Centerpoint Energy, Inc. et al. v. Honorable James Hudson, Circuit Judge, from Miller Circuit. Motion of the Louisiana Public Service Commission to file amicus curiae brief.
06-1294. Centerpoint Energy, Inc. et al. v. Honorable James Hudson, Circuit Judge, from Miller Circuit. Motion of the Railroad Commission of Texas for permission to file amicus curiae brief.
SUBMISSIONS
06-1392. Judge Wendell L. Griffen v. Arkansas Judicial Discipline and Disability Commission, an Original Action. Argued orally.
06-674. Arkansas Department of Correction v. Jeremy Eli Bailey, from Pulaski Circuit, Fifth Division. Argued orally.
CR06-879. Gerard Blanchett v. State of Arkansas, from Faulkner Circuit.
06-386. John Marlar et al. v. William Dennis Daniel, from Ouachita Circuit.
06-725. Honorable L.T. Simes, Circuit Judge v. Arkansas Judicial Discipline and Disability Commission, an Original Action.
06-1143. Randy Tucker v. Office of Child Support Enforcement, from Pope Circuit.