Opinions delivered
January 17, 2007
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CA06-330. Beverly Enterprises-Arkansas, Inc. v. Mike Jarrett, as Administrator of the Estate of Sylvia Jarrett, from White Circuit. Affirmed. Gladwin and Robbins, JJ., agree. Substituted opinion delivered February 14, 2007; appears in syllabus that date. (UNPUBLISHED) [PDF]
CA06-516. Dexter Gary v. Maverick Transportation, Inc., from the Arkansas Workers’ Compensation Commission. Reversed and Remanded. Gladwin and Robbins, JJ., agree. (UNPUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit. Affirmed; Motion Granted. Bird and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CACR05-1404. John Michael Reed v. State of Arkansas, from Jackson Circuit. Affirmed; Motion Granted. Bird and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CACR06-293. Arnoldo Pedraza v. State of Arkansas, from Sebastian Circuit. Affirmed. Bird and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CA06-448. Jennifer Jones and James Jones v. Arkansas Department of Human Services, from Sebastian Circuit. Affirmed. Griffen and Bird, JJ., agree. (UNPUBLISHED) [PDF]
E06-209. Arthur D. Holsing v. Director of Workforce Services and Dassault Falcon Jet Corp., from the Arkansas Board of Review. Reversed and Remanded. Bird and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE:
CACR05-507. Harold E. Merriweather v. State of Arkansas, from Sebastian Circuit. Rebriefing Ordered. Pittman, C.J., and Robbins, J., agree. (UNPUBLISHED) [PDF]
CACR05-1348. Rodney Dale Edgin v. State of Arkansas, from Montgomery Circuit. Rebriefing Ordered. Pittman, C.J., and Robbins, J., agree. (UNPUBLISHED) [PDF]
CACR06-370. Christopher Joe Powell v. State of Arkansas, from Drew Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree.(PUBLISHED) [PDF]
CA06-300. Manuel Bail Bonds v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman, C.J., and Robbins, J., agree. (UNPUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE:
CACR05-923. Justin Lee McDonald v. State of Arkansas, from Crawford Circuit. Remanded for Supplementation of Record and Rebriefing Ordered. Pittman, C.J., and Gladwin, J., agree. (UNPUBLISHED) [PDF]
CACR06-134. Cedric Lewis Morgan v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Pittman, C.J., and Gladwin, J., agree. (UNPUBLISHED) [PDF]
CACR06-507. Dennis Calvin Warren v. State of Arkansas, from White Circuit. Affirmed. Pittman, C.J., and Gladwin, J., agree. (UNPUBLISHED) [PDF]
SAM BIRD, JUDGE:
CACR06-36. Randy T. Mayo v. State of Arkansas, from Washington Circuit. Affirmed; Motion Granted. Hart and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CACR06-491. Jason Thresher v. State of Arkansas, from Garland Circuit. Affirmed. Hart and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CA06-380. Penny Freshour v. Brian Abney, from Pulaski Circuit. Affirmed. Hart and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
WENDELL GRIFFEN, JUDGE:
CACR06-170. Johnny Craig, Jr. v. State of Arkansas, from Jefferson Circuit. Affirmed; Motion to Withdraw Granted. Hart and Bird, JJ., agree. (UNPUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE:
CACR06-567. Mark Anthony Conner v. State of Arkansas, from Jefferson Circuit. Affirmed in Part; Reversed and Remanded in Part. Robbins and Vaught, JJ., agree. (UNPUBLISHED) [PDF]
CA06-508. Sharita Brown v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Affirmed. Vaught and Baker, JJ., agree. (UNPUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE:
CACR05-1345. Joseph H. Bell v. State of Arkansas, from Greene Circuit. Affirmed;
Motion to Withdraw Granted. Gladwin and Glover, JJ., agree. (UNPUBLISHED) [PDF]
PER CURIAM DECISIONS
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E06-204.John K. Stauffer v. Director et al.
E06-210.Michael J. Bucz v. Director et al.
E06-211.Ruby L. Goodlow v. Director et al.
E06-212.Jack L. Creal v. Director et al.
E06-213.Peggy A. Patterson v. Director et al.
E06-217.Jeanne Felecia Cooks v. Director et al.
E06-218.Linda K. White v. Director et al.
E06-219.Scottie L. Wilson v. Director et al.
E06-220.Laverne Walker v. Director et al.
E06-223.Lorey Davis v. Director et al.
E06-224.Deandra L. Nelson v. Director et al.
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA06-33. Jennifer Linder (Johnson) v. Deron Johnson, from Cleburne Circuit.
CA06-49. Bonnie Cutright v. State of Arkansas and Tohono O’Odham Nation, from Van Buren Circuit.
CA06-117. Nicholas D. Rone v. Ronny Gene Phipps, M.D., from Benton Circuit.
CA06-398. Jimmy Singleton v. City of Pine Bluff, from Workers' Compensation Commission.
CA06-513. Jane Reis v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.
CA06-527. Every Donnelle Richardson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
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CACR05-878. Ricky Justus v. State of Arkansas, from Garland Circuit. Motion of Patrick J. Benca for attorney's fees is granted. Allowed $1,400.00.
CACR05-989. Christopher Branning v. State of Arkansas, from Boone Circuit. Appellee's motion to file corrected brief in response to appellant's corrected brief is granted.
CACR05-1039. Rikko Smith v. State of Arkansas, from Jefferson Circuit. Motion of Chad M. Green for attorney's fees is granted. Allowed $1,400.00.
CACR05-1200. Roger Keith Hairston v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time to file petition for rehearing is denied.
CACR06-109. Sean Hicks v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief is granted.
CACR06-170. Johnny Craig, Jr. v. State of Arkansas, from Jefferson Circuit. Appellant's pro se motion for trial transcript is denied.
CACR06-350. Michael Jerome Banks v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR06-376. Dennis Wayne Cooper v. State of Arkansas, from Columbia Circuit. Motion of David W. Talley, Jr. for attorney's fees is granted. Allowed $1,400.00.
CACR06-377. Dennis Wayne Cooper v. State of Arkansas, from Columbia Circuit. Motion of David W. Talley, Jr. for attorney's fees is granted. Allowed $1,400.00.
CACR06-385. Marcus Lance Rackley v. State of Arkansas, from Faulkner Circuit. Appellant's motion to extend time for settlement of the record is granted. Time to settle record extended to February 16, 2007.
CACR06-529. Robert Louis Elkins v. State of Arkansas, from Miller Circuit. Motion of Phillip A. McGough to be relieved as counsel for appellant is granted.
CACR06-529. Robert Louis Elkins v. State of Arkansas, from Miller Circuit. Motion of Phillip A. McGough for attorney's fees and costs is granted. Allowed $1,400.00.
CACR06-590. James Pattillo v. State of Arkansas, from Pulaski Circuit, First Division. Motion of William O. "Bill" James, Jr. for attorney's fees is granted. Allowed $1,400.00.
CACR06-736. Reggie Joe Patterson v. State of Arkansas, from Lincoln Circuit. Appellee's motion to dismiss appeal is denied.
CACR06-736. Reggie Joe Patterson v. State of Arkansas, from Lincoln Circuit. Appellant’s motion to file belated brief is granted.
CACR06-902. Jimmy Dale Stallnacker v. State of Arkansas, from Jackson Circuit. Appellant’s motions to file belated brief are granted.
CACR06-926. Tabitha Oliver v. State of Arkansas, from Crittenden Circuit. Appellant's motion for extension of time to file abstract and brief is granted. Bird, J., would make this the final extension. Griffen, J., would deny.
CACR06-988. Moses Jones v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file belated brief is granted.
CACR06-1216. Kenneth Munn v. State of Arkansas, from Howard Circuit. Appellant’s petition for writ of certiorari to complete the record is remanded to the trial court to settle the record within fifteen days. Appellant’s brief due thirty days thereafter.
CACR06-1246. Gregory Harris v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion to submit a supplemental pro se brief is denied.
CACR06-1246. Gregory Harris v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion for reconsideration of motion to set appeal bond is denied.
CACR06-1246. Gregory Harris v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion for additional time to file brief is granted.
CACR06-1253. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion for appointment of counsel is granted. Mr. John Ogles is appointed as counsel for appellant.
CACR06-1374. Alfred L. Brown v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Julia B. Jackson to be relieved as counsel for appellant and for extension of brief time is granted.
CACR06-1374. Alfred L. Brown v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to substitute Herbert T. Wright, Jr. as counsel is granted. Griffen, J. would deny.
CACR06-1415. Glen McDaniel v. State of Arkansas, from Clark Circuit. Motion to substitute Alvin Schay for Brian Trubitt as attorney for appellant is granted.
CACR06-1438. Reginald Mitchell v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Dennis R. Molock to withdraw as counsel and for appointment of new counsel and to stay brief time is granted. Ms. Jennifer Oyler Olson is appointed as counsel for appellant.
CACR06-1457. Wendell B. Steele v. State of Arkansas, from Ashley Circuit. Appellant's motion to substitute counsel is granted.
CA05-670. Crystal Moore v. Arkansas Department of Health and Human Services, from Stone Circuit. Motion of DeeNita D. Moak for attorney's fees and costs is granted. Allowed $1,400.00 in fees and $267.53 in expenses.
CA05-837. Mountain Pure, LLC v. Affiliated Foods Southwest, Inc. et al., from Pulaski Circuit, Seventh Division. Motion of D.P. Marshall, Jr., to be relieved as counsel for appellant is granted. Marshall, J., not participating.
CA06-11. Jodi Miller v. Arkansas Department of Health and Human Services, from Madison Circuit. Motion of DeeNita D. Moak for attorney's fees and costs is granted. Allowed $1,400.00 in fees and $268.14 in expenses.
CA06-111. Louanne Mae Parker v. John Matthew Parker, from Craighead Circuit, Western District. Motion of D.P. Marshall Jr., to be relieved as counsel for appellee is granted. Marshall, J., not participating.
CA06-152. Jerri Michelle Clemmerson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion of Shannon Holloway Underwood for Court to accept rebrief as tendered on December 11, 2006 is denied.
CA06-155. Angela Chorba v. Arkansas Department of Human Services, from Washington Circuit. Motion of Shannon Holloway Underwood for attorney's fees and costs is granted. Allowed $1,400.00 in fees and $297.71 in expenses.
CA06-369. Deanna Sanders v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Leah Chavis for attorney's fees is granted. Allowed $1,400.00 in fees and $450.00 in expenses.
CA06-369. Deanna Sanders v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Leah Chavis to be relieved as counsel for appellant is granted.
CA06-418. Andrea Dawn Henley v. Mark B. Medlock, from Sebastian Circuit, Fort Smith District. Appellant's motion to dismiss petition for rehearing is denied.
CA06-626. Yolanda Roby v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Shannon Holloway Underwood for attorney’s fees and costs is granted. Allowed $1,400.00 in fees and $270.29 in expenses.
CA06-964. Tina Williams et al. v. Arkansas Department of Health and Human Services, from Pope Circuit. Appellant's motion to file belated brief and for brief time is granted.
CA06-1022. Brenna Keesee v. David Keesee, from Faulkner Circuit. Appellant's motion to correct the record is granted. Supplement due within thirty days.
CA06-1036. Fred R. Calvert, Jr. v. Estate of Fred R. Calvert, Sr., from Madison Circuit. Appellant's motion for supersedeas and for leave to deposit funds in the registry of the court is granted.
CA06-1062. Don Hendrickson et al. v. Arkansas State Highway Commission, from Faulkner Circuit. Appellant's motion to correct the record is granted.
CA06-1066. Edmond Torelli v. Naga Goriparthi et al., from Pulaski Circuit, Seventeenth Division. Appellant's motion to supplement the record is granted.
CA06-1088. Glee Alan Burt et al. v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Tenth Division. Appellants' motion to supplement the record and for brief time is granted.
CA06-1136. Omni Holding & Development Corporation v. C. A. G. Investments, Inc., from Crittenden Circuit. Appellant's motion to supplement the record and for extension of brief time is granted. Brief due within fifteen days. Marshall, J., not participating.
CA06-1181. Michael L. Veloria v. Zimdahl Electric, from Workers' Compensation Commission. Appellant's motion to file enlarged brief and to stay brief time. Motion to file enlarged brief is denied. Brief due within thirty days.
CA06-1210. Area Agency on Aging NW v. Rhonda Bakanoff, from Workers' Compensation Commission. Appellee's motion to file belated brief and for brief time is granted.
CA06-1231. Aon Risk Services, Inc. of Arkansas v. John Meadors, from Pulaski Circuit, Sixth Division. Appellant's motion for stay of circuit court's cash bond order and approval of surety supersedeas bond is granted conditioned upon filing of proposed corporate surety bond with the clerk of this court.
CA06-1251. Glenn Davidson et al. v. Rhonda Summers, from Pulaski Circuit, First Division. Appellant's motion for joinder of persons needed for just adjudication is denied. Glover and Vaught, JJ., not participating.
CA06-1308. Moon Distributors, Inc., et al. v. Arkansas Department of Finance and Administration et al., from Pulaski Circuit, Third Division. Appellant's motion to stay brief time is granted. See per curiam this date. (UNPUBLISHED) [PDF]
CA06-1395. Craig Williams v. State of Arkansas, from Union Circuit. Appellant's motion to supplement the record and addendum is remanded to the trial court to settle the record within thirty days.
E06-322. Larry C. Trotter v. Director et al., from Board of Review. Appellant’s pro se motion to file belated appeal is denied.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CA05-429. Chester Butler et al. v. Leon Harvest, from Drew Circuit.
CA06-199. David B. Warren v. Daimler Chrysler Corporation, from Pulaski Circuit, Seventh Division.
CA06-205. Patsy G. Brewer, d/b/a Jimmy Doyle Country Club v. Alcoholic Beverage Control Division, from Pulaski Circuit, Second Division.
CA06-316. John Gibson Auto Sales, Inc. v. Direct Insurance Company, from Garland Circuit.
CA06-363. Curtis A. Crofford and Marie E. Crofford et al. v. Green Tree Servicing, LLC, from Pulaski Circuit, Sixteenth Division.
CA06-393. NABCO and Risk Management Services v. David R. Williams, from Workers' Compensation Commission.
CA06-406. Donald Groom v. Nekoosa Papers, Inc. et al., from Workers' Compensation Commission.
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CACR03-1320. Randy McBride v. State of Arkansas, from Jefferson Circuit. Motion of Elizabeth A. Poynter for attorney's fees and expenses.
CACR05-1296. Christopher Yarbrough v. State of Arkansas, from Crawford Circuit. Motion of Joseph C. Self for attorney's fees.
CACR05-1345. Joseph H. Bell v. State of Arkansas, from Greene Circuit. Motion of Kris Alan Higdon for costs and attorney's fees.
CACR05-1404. John Michael Reed v. State of Arkansas, from Jackson Circuit. Motion of C. Scott Nance for attorney's fees and costs.
CACR06-36. Randy T. Mayo v. State of Arkansas, from Washington Circuit. Motion of Stacy M. Hazell for attorney's fees and costs.
CACR06-272. Danny Carter v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly for attorney's fees.
CACR06-370. Christopher Joe Powell v. State of Arkansas, from Drew Circuit. Motion of Jonathan T. Lane for attorney's fees.
CACR06-727. John Otto Downing, Jr. v. State of Arkansas, from Randolph Circuit. Appellant's motion to file belated appeal.
CACR06-1201. Anthony Banister v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.
CACR06-1374. Alfred L. Brown v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record.
CA06-947. Jill Fields v. Jeremy M. Ausburn, from Pulaski Circuit, Sixteenth Division. Appellant's motion for extension of brief time.
CA06-1170. Avram Cimmering et al. v. Maria Perez et al., from Union Circuit. Appellants’ motion for extension of brief time.
CA06-1224. Allie Marie Crelia v. Rheem Manufacturing Company et al., from Workers' Compensation Commission. Appellee, Second Injury Fund's motion to set separate briefing schedule.
CA06-1303. John Wesley Thompson v. Anna Christine Thompson, from Perry Circuit. Appellee's motion to dismiss appeal.
CA07-18. Christina A. Orr v. William E. Orr, from Benton Circuit. Motion of Susan T. Lusby to withdraw as counsel for appellant.
E07-6. Arthur E. Brown v. Director et al., from Board of Review. Appellant’s pro se motion to file belated appeal.
SUBMISSIONS
CA06-630. Arkansas Department of Human Services v. Jessica Jones and Jacob Hinees, from Sebastian Circuit, Fort Smith District. Argued orally.
CACR05-1243. Franklin Drennan and Ricky D. Peoples v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CACR06-218. Michael Brandon Shropshire v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR06-219. Ruby T. Watson v. State of Arkansas, from Jefferson Circuit.
CACR06-311. Billy Freeman, Sr. v. State of Arkansas, from Jefferson Circuit.
CACR06-387. Desmond D. Miller, Sr. v. State of Arkansas, from Drew Circuit.
CACR06-444. Samuel Dewayne Ward v. State of Arkansas, from Pulaski Circuit, First Division.
CACR06-603. Reinhard Schumann v. State of Arkansas, from Jackson Circuit.
CACR06-673. Joe Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA06-111. Louanne Mae Parker v. John Matthew Parker, from Craighead Circuit, Western District.
CA06-197. Juanita Crist v. David P. Dean, M.D., from Pulaski Circuit, Seventeenth Division.
CA06-258. Sheila Judkins v. Donnie Duvall, from Pope Circuit.
CA06-270. Michael Albright v. Arkansas Department of Health and Human Services, from Faulkner Circuit.
CA06-453. JB Wayne, Inc. v. Hot Springs Village Property Owners' Association, from Garland Circuit.
CA06-486. Michelle Christine Archer v. Kirby Logan Archer, from Independence Circuit.
CA06-515. Barry Ward v. Hickory Springs Manufacturing Company, from Workers' Compensation Commission.
CA06-540. Alvis W. Gregory v. Arkansas State Highway & Transportation Department, from Workers' Compensation Commission.
CA06-601. Valerie Lynn Gifford v. Alvie Doyle Tuggle, Jr., from Saline Circuit.
CA06-665. St. Joseph's Mercy Health Center v. Brenda Lamb, from Workers' Compensation Commission.
CA06-685. Marty Powers v. City of Fayetteville, from Workers' Compensation Commission.
CA06-693. Deanna Sanders v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division.
CA06-696. Jessica James v. Arkansas Department of Human Services, from Crittenden Circuit.
CA06-715. Brandi Kendrick v. Arkansas Department of Human Services, from Pope Circuit.
CA06-880. Shelda Foust v. Arkansas Department of Health and Human Services, from Benton Circuit.