Opinions delivered
April 10, 2008
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JIM HANNAH, CHIEF JUSTICE:
CR07-851. James Flowers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. PUBLISHED [PDF]
TOM GLAZE, JUSTICE:
CR07-319. Eric Flowers v. State of Arkansas, from Miller Circuit. Affirmed. PUBLISHED [PDF]
DONALD L. CORBIN, JUSTICE:
CR07-1080. Deandra Laron Stephenson v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. PUBLISHED [PDF]
ROBERT L. BROWN, JUSTICE:
CR07-1063. John Leelyn Seely v. State of Arkansas, from Pulaski Circuit, Fourth Division. Circuit Court Affirmed; Court of Appeals Affirmed in Part, Reversed in Part. PUBLISHED [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
07-748. Frank DeJulius and Christa Brunst v. Paul Sumner, Charles Miller, Alltel Corporation et al., from Lonoke Circuit. Affirmed. Brown, J., not participating. PUBLISHED [PDF]
PAUL E. DANIELSON, JUSTICE:
CR06-1397. Mario Clark v. State of Arkansas, from Jefferson Circuit. Affirmed. PUBLISHED [PDF]
CR07-585. Chor J. Phavixay v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. Corbin, Brown, and Gunter, JJ., dissent. PUBLISHED [PDF]
07-242. John F. Payne v. Susan France, from Pulaski Circuit, Ninth Division. Affirmed. Imber, J., not participating. PUBLISHED [PDF]
PER CURIAM OPINION:
CR07-1251. Douglas Musgrove v. State of Arkansas, from Ashley Circuit. Affirmed. UNPUBLISHED [PDF]
PER CURIAM ORDERS
REHEARING GRANTED: Petition for rehearing was granted today in the following case.
07-714. Gary Despain and Joy Despain v. James L. Bradburn, M.D.; Soundtec, Inc., from Benton Circuit. See Glaze, J., substituted opinion issued this date. Hannah, C.J., and Brown, J., concur. PUBLISHED [PDF]
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REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
07-356. State of Arkansas v. Hatchie Coon Hunting & Fishing Club, Inc., from Poinsett Circuit. Gunter and Danielson, JJ., would grant.
07-740. FirstPlus Home Loan Owner 1997-1 et al. v. Stacy Bryant et al., from Greene Circuit.
07-790. Frank Myers v. David Yingling and Venice Yingling, from White Circuit. Hannah, C.J., and Gunter and Danielson, JJ., would grant.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
07-1275. Laura Graftenreed v. Kaity Wood, from Cross Circuit.
07-1290. Susan D. Brunetti v. Timmy D. Brunetti, from Arkansas Circuit, Northern District.
07-1345. Ronald Clark et al. v. Richard Readnour et al., from Faulkner Circuit.
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CR08-205. Joseph Rounsaville v. State of Arkansas, from Pulaski Circuit, First Division. Motion to be relieved as counsel is granted. See per curiam this date. PUBLISHED [PDF]
CR08-298. Randolph Morris v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk is granted. See per curiam this date. PUBLISHED [PDF]
CR05-746. Milton Morris v. State of Arkansas, from Sevier Circuit. Motion for release of evidence for evidentiary testing is granted.
CR07-1178. Alfred L. Brown v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to file supplemental brief is granted.
CR08-322. Genre Page v. State of Arkansas, from Pulaski Circuit, First Division. Motion to be relieved as attorney for appellant and stay briefing schedule. Motion granted. See per curiam this date. PUBLISHED [PDF]
CR08-356. Robert Lee Williams, Jr., a/k/a R.J. Williams v. State of Arkansas, from Nevada Circuit. Motion for rule on clerk is granted. See per curiam this date. PUBLISHED [PDF]
CR08-356. Robert Lee Williams, Jr., a/k/a R.J. Williams v. State of Arkansas, from Nevada Circuit. Motion to be relieved as counsel for appellant is denied without prejudice. See Rule 6-6.
07-1078. Eugene E. Lasecki v. Casey D. Sanders et al., from Baxter Circuit. Appellant's motion to reconsider striking of appellant's brief from the record is denied. See per curiam this date. PUBLISHED [PDF]
07-1096. John David Terry v. John A. White et al., from Washington Circuit. Appellant's motion for simultaneous consideration is granted.
07-1143. John David Terry v. John A. White et al., from Washington Circuit. Appellant's motion for simultaneous consideration is granted.
07-1146. Warren Wallring et al. v. Humnoke Farms, Ltd., from Lonoke Circuit. Appellee's motion to dismiss is granted.
07-1146. Warren Wallring et al. v. Humnoke Farms, Ltd., from Lonoke Circuit. Motion to file belated appellants’ brief. Moot.
07-1179. Johnny Paul Dodson v. Larry Norris, Director, Arkansas Department of Correction, an Original Action. Request for clarification of applicability of Ark. Sup. Ct. R. 5-2; motion to extend time for filing brief. Request for clarification denied; motion to extend time granted. See per curiam this date. PUBLISHED [PDF]
08-33. Dollarway Patrons For Better Schools et al. v. Dollarway School District et al., from Jefferson Circuit. Appellants' motion to file belated brief is granted; counter-motion for supersedeas bond is denied; counter-motion for expedited review is granted.
08-155. John Byrer v. Joan Colvard, from Polk Circuit. Motion for rule on clerk is denied. See per curiam this date. PUBLISHED [PDF]
08-164. Sharon McGhee et al. v. Arkansas State Board of Collection Agencies, from Pulaski Circuit, Seventh Division. Motion of AARP, Arkansas Advocates for Children and Families, and the Center for Responsible Lending to file a brief amici curiae is granted.
08-164. Sharon McGhee et al. v. Arkansas State Board of Collection Agencies, from Pulaski Circuit, Seventh Division. Motion by Arkansas Trial Lawyers Association to file amicus curiae brief is granted.
08-217. Michael H. Spurlock and Lindsey L. Spurlock v. C. Michael Riddell, from Pope Circuit. Motion for reconsideration is denied. See per curiam this date. PUBLISHED [PDF]
08-377. In Re: Roger Kyle Ipson, Arkansas Bar No. 85199, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. PUBLISHED [PDF]
08-382. Dardanelle and Russellville Railroad Company v. Honorable Grisham Phillips, Circuit Judge, from Saline Circuit. Petition for writ of prohibition or in the alternative for certiorari is denied without prejudice.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Petition for writ of certiorari to complete the record. Remanded; petition for writ of certiorari dismissed without prejudice. See per curiam this date. PUBLISHED [PDF]
CR97-401. Willie Gaster Davis v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion for reconsideration of denial of petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motion denied. See per curiam this date. UNPUBLISHED [PDF]
CACR06-708. Robert McAdory v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se petition to reinvest jurisdiction in trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. UNPUBLISHED [PDF]
CR08-02. Robert Earl Thompson v. State of Arkansas, from Drew Circuit. Pro se motion for extension of brief time and motion to amend brief and for duplication of brief at public expense. Appeal dismissed; motions moot. See per curiam this date. UNPUBLISHED [PDF]
CR08-125. Kenneth Ray Oden v. State of Arkansas, from Greene Circuit. Pro se motions for extension of time to file brief, for access to record, and for appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. UNPUBLISHED [PDF]
CR08-272. Lee Madden v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion for belated appeal. Motion denied. See per curiam this date. UNPUBLISHED [PDF]
07-1331. Donald Ray Peterson v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for reconsideration of denial of motion for belated appeal. Motion denied. See per curiam this date. UNPUBLISHED [PDF]
08-252. Mark Thompson v. State of Arkansas, from Lincoln Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. UNPUBLISHED [PDF]
In Re: Administrative Order #17 - Professional Practicum Requirement. See per curiam this date. PUBLISHED [PDF]
In Re: Supreme Court Committee on Model Jury Instructions - Criminal. See per curiam this date. PUBLISHED [PDF]
Hon. Charles Yeargan of Murfresboro, Circuit Judge, Ninth Judicial Circuit -West, Hon. Thomas Deen of Monticello, Prosecuting Attorney, Tenth Judicial Circuit, and Greg Parrish, Esq., of Camden are hereby appointed to our Committee on Model Jury Instructions - Criminal for three-year terms to expire on February 28, 2011. We thank them for their willingness to serve on this important committee.
Hon. Kirk Johnson, Circuit Judge of the Eighth Judicial Circuit - South, Hon. Philip Smith, Circuit Judge of the Third Judicial Circuit, Hon. Brent Davis, Prosecuting Attorney of the Second Judicial Circuit, and Hon. John Threet, Prosecuting Attorney of the Fourth Judicial Circuit, are reappointed to our Committee on Model Jury Instructions - Criminal for three-year terms to expire on February 28, 2011. We thank these members for their continued service.
We designate Judge Gordon Webb, a current member of the committee, as the chair of the committee and thank him for his willingness to assume this role.
The court expresses its gratitude to Judge John Langston, the outgoing chair of the committee, Larry Jegley, and United States Magistrate James Marschewski, whose terms have expired, for their years of valuable service to the committee.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
07-471. K.C. Properties of N.W. Arkansas, Inc. et al. v. Lowell Investment Partners, LLC et al., from Washington Circuit.
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PETITIONS FOR REVIEW:
08-17. Anthony Hunter et ux. v. Timothy M. Haunert, from Independence Circuit.
08-26. Sterne, Agee & Leach, Inc. v. Kenneth Way et al., from Lonoke Circuit.
08-347. Penny Harrison v. Arkansas Department of Human Services, from Madison Circuit.
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CR07-683. Ross Lamar Burnett, Sr. v. State of Arkansas, from Drew Circuit. Motion to be relieved as attorney of record.
CR07-1287. James E. Horvath v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal for want of jurisdiction.
CR08-224. Harvey Bond, Jr. v. State of Arkansas, from Miller Circuit. Resubmission of motion for rule on clerk.
07-1222. Vaccaro Lumber et al. v. Gayla Fesperman, from Lee Circuit. Arkansas Trial Lawyers Association request to join appellee's petition for review.
07-1239. John Reeve et al. v. Carroll County, Arkansas et al., from Carroll Circuit, Eastern District. Motion to strike brief of appellees filed in violation of Rule 11 of the Rules of Appellate Procedure-Civil and for extension of reply brief deadline for appellants and Rule 11 respondent.
08-15. Beverly Enterprises - Arkansas, Inc. et al. v. Annette Thomas, from Independence Circuit. Renewed joint motion to stay appeal.
08-347. Penny Harrison v. Arkansas Department of Human Services, from Madison Circuit. Motion for permission to file belated response to pro se petition for review.
SUBMISSIONS
07-606. Ingersoll-Rand Company et al. v. El Dorado Chemical Company, from Union Circuit. Argued orally.
07-561. $1834.00 U.S. Currency et al. v. State of Arkansas, from Benton Circuit.
07-830. Aviation Cadet Museum, Inc. v. Tom Hammer, from Carroll Circuit, Western District.
07-896. Dennis Bailey et al. v. Arkansas State Board of Collection Agencies, from Pulaski Circuit, First Division.
07-918. David Sykes v. Jack Williams et al., from Craighead Circuit, Eastern District.
07-977. National Home Centers, Inc. v. Stephan Coleman et al., from Pulaski Circuit, Second Division.