Opinions delivered
June 19, 2008
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
TOM GLAZE, JUSTICE:
07-1231. Tommie Reed v. Peggy Guard, M.D., Individually; Peggy Guard, M.D., Owner of Arkansas Clinic for Women; Arkansas Clinic for Women, from Pulaski Circuit, Thirteenth Division. Affirmed. PUBLISHED [PDF]
DONALD L. CORBIN, JUSTICE:
07-845. James W. Stanley (Arkansas Bar ID #75124) v. Stark Ligon, Executive Director, Arkansas Supreme Court Committee on Professional Conduct, from Arkansas Supreme Court Committee on Professional Conduct. Appeal Dismissed; Writ of Mandamus Granted. Glaze, J., not participating. PUBLISHED [PDF]
ROBERT L. BROWN, JUSTICE:
08-265. Josh Sanford v. Tim Murdoch, from Pope Circuit. Affirmed. PUBLISHED [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
CR07-1330. State of Arkansas v. Brandon Rowe, from Pulaski Circuit, Fifth Division. Writ of Certiorari Granted. Hannah, C.J., and Danielson, J., dissent. PUBLISHED [PDF]
JIM GUNTER, JUSTICE:
07-988. The Arkansas Department of Environmental Quality; Marcus Devine, Individually, and In His Official Capacity; Mary Leath, Individually and In Her Official Capacity; Steve Martin, Individually and In His Official Capacity; Ryan Benefield, Individually and In His Official Capacity; Harry Elliott, Individually and In His Official Capacity; Scott McWilliams, Individually and In His Official Capacity; and Gerald Delavan, Individually and In His Official Capacity v. Shawki Al-Madhoun and Northstar Engineering Consultants, Inc., from Pulaski Circuit, Fifth Division. Reversed and Dismissed. PUBLISHED [PDF]
PAUL E. DANIELSON, JUSTICE:
07-437. General Motors Corporation, d/b/a Chevrolet, GMC, Cadillac, Buick, and Oldsmobile v. Boyd Bryant, On Behalf of Himself and All Others Similarly Situated, from Miller Circuit. Affirmed. Special Justice Lane Strother joins. Corbin and Imber, JJ., concur. Gunter, J., not participating. PUBLISHED [PDF]
PER CURIAM OPINION:
CR07-141. Sheila M. Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appeal Dismissed. UNPUBLISHED [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
07-382. Mary Green et al. v. Alpharma, Inc. et al., from Washington Circuit.
07-394. Benton County, Arkansas v. City of Bentonville, Arkansas et al., from Benton Circuit. Corbin, J., would grant.
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REVIEW DENIED: Petition for review was denied today in the following case.
08-218. Lance Clouse, D.C v. Ngau Van Tu, from Sebastian Circuit, Fort Smith District.
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CR08-588. Jeffrey L. Boen v. State of Arkansas, from Johnson Circuit. Motion for rule on clerk granted; Hodges’ motion to be relieved as counsel granted; Burnett’s motion to be relieved as counsel denied. See per curiam this date. PUBLISHED [PDF]
08-587. Diane Darrough v. Tobacco Superstore, Inc., from Lincoln Circuit. Appellee’s motion to dismiss appeal is denied. See per curiam this date. PUBLISHED [PDF]
CR91-122. Raymond C. Sanders, Jr. v. State of Arkansas, from Hot Spring Circuit. Petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition granted in part and denied in part. See per curiam this date. Imber, J., not participating. PUBLISHED [PDF]
CR07-1025. Woodruff Thomas Sparacio v. State of Arkansas, from Crawford Circuit. Motion for late tender of remand is granted.
CR07-1025. Woodruff Thomas Sparacio v. State of Arkansas, from Crawford Circuit. Resubmission of motion and pro se motion for appointment of counsel. Motions denied; appearance noted.
CA08-359. Mark Porter v. Arkansas Department of Health & Human Services, from Van Buren Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court is granted.
07-382. Mary Green et al. v. Alpharma, Inc. et al., from Washington Circuit. Motion for taxation of costs. Motion granted in part. See per curiam this date. PUBLISHED [PDF]
07-845. James W. Stanley, Arkansas Bar No. 75124 v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct. Petition for writ of mandamus. See opinion this date.
08-461. Citizens Protecting Maumelle Watershed et al. v. Honorable Willard Proctor, Jr., Circuit Judge et al., from Pulaski Circuit, Fifth Division. Appellants' petition for rehearing or for clarification of per curiam order of May 8, 2008. Moot. Glaze, J., not participating.
08-461. Citizens Protecting Maumelle Watershed et al. v. Honorable Willard Proctor, Jr., Circuit Judge et al., from Pulaski Circuit, Fifth Division. Appellees' motion to dismiss appeal is granted. Glaze, J., not participating.
08-599. Amelia McDonald v. Michael McDonald, from Phillips Circuit. Motion for rule on clerk is denied.
08-602. Billy Battles v. Mark Townsend and Southern Tire Mart, LLC, an Original Action. Request to certify question of law from the United States District Court for the Eastern District of Arkansas is granted. See per curiam this date. PUBLISHED [PDF]
08-661. Union Pacific Railroad et al. v. Victor S. Vickers et al., from Lafayette Circuit. Appellants’ motion to expedite is granted; appellants’ motion for stay pending appeal is denied.
CR07-1195. Wilson Antonio Price v. State of Arkansas, from Pulaski Circuit, Second Division. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. UNPUBLISHED [PDF]
CR08-432. Carlton King v. State of Arkansas, from Union Circuit. Pro se motion for extension of time to file appellant’s brief. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED [PDF]
CR08-438. Doyle Holt, Sr. v. Honorable Jodi Raines Dennis, Circuit Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. UNPUBLISHED [PDF]
CR08-450. Timothy Don Bates v. State of Arkansas, from Washington Circuit. Pro se motion for extension of brief time and motion for duplication at public expense. Appeal dismissed; motions moot. See per curiam this date. UNPUBLISHED [PDF]
CR08-540. Michael Van Vliet v. State of Arkansas, from Benton Circuit. Pro se motion to proceed in forma pauperis on appeal. Motion dismissed. See per curiam this date. UNPUBLISHED [PDF]
08-390. Richard Delon Day, Jr. v. Honorable Mackie Pierce, Circuit Judge, James Badami, Director, Arkansas Judicial Discipline and Disability Commission, from Pulaski Circuit, Seventeenth Division. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. UNPUBLISHED [PDF]
In Re: Rules of Supreme Court and Court of Appeals, Rule 4-3; Rules of Appellate Procedure - Criminal, Rule 4; and Rules of Criminal Procedure, Rule 24.3. See per curiam this date. PUBLISHED [PDF]
In Re: Rules of the Supreme Court and Court of Appeals, Proposed Amendments to Rules 6-9 and 6-10. See per curiam this date. PUBLISHED [PDF]
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In Re: Client Security Fund Committee. See per curiam this date. PUBLISHED [PDF]
Ben McMinn is hereby reappointed to the Client Security Fund Committee for a five-year term to expire July 31, 2013
The Court thanks Mr. McMinn for accepting reappointment to this important committee.
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In Re: Supreme Court Committee on Civil Practice. See per curiam this date. PUBLISHED [PDF]
Leon Johnson, Esq., of Little Rock and Brian G. Brooks, Esq., of Greenbrier are appointed to the Civil Practice Committee for three-year terms to expire on July 31, 2011. We thank them for their willingness to serve on this important committee. Rodney Moore, Esq., of Arkadelphia is reappointed to the Civil Practice Committee for a three-year term to expire on July 31, 2011, and we thank him for his continued service.
The court expresses its gratitude to Marie Bernarde-Miller, Esq., of Little Rock and Gary Corum, Esq., of Little Rock, whose terms have expired, for their years of valuable service to this committee.
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In Re: Appointment to Professional Practicum Committee. See per curiam this date. PUBLISHED [PDF]
By Per Curiam Order of July 1, 2004, Lucinda McDaniel of Jonesboro was appointed to serve as the First Congressional District representative on the Professional Practicum Committee. Ms. McDaniel’s initial term of four years concludes on July 1, 2008.
As the replacement for Ms. McDaniel, the Court appoints Mr. Tom Womack of Jonesboro as the representative on the Committee from the First Congressional District for a six-year term to conclude on July 1, 2014.
The Court is grateful for the willingness of Mr. Womack to accept appointment to this Committee. The Court thanks Ms. McDaniel for her years of service on this Committee.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
07-724. Thomas K. Felton et al. v. Rebsamen Medical Center, Inc., from Pulaski Circuit, Fifth Division.
07-991. Medical Liability Mutual Insurance Company v. Alan Curtis Enterprises Inc., an Original Action.
07-1081. State of Arkansas v. S.G., from Pulaski Circuit, Third Division.
07-1200. Geraldine Reshel et al. v. Keith Moser et al., from Pulaski Circuit, Sixth Division.
(Appellant)
07-1200. Geraldine Reshel et al. v. Keith Moser et al., from Pulaski Circuit, Sixth Division.
(Cross-Appellant)
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PETITIONS FOR REVIEW:
08-179. Shayne Benton and Brooke A. Benton v. Rita J. Benton and The Estate of William Terry Benton, from Union Circuit.
08-645. Krystal Lee and Alfred Lee v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.
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CR94-848. Jessie L. Misskelley, Jr. v. State of Arkansas, from Clay Circuit, Western District. Motion for entry of appearance.
CR94-848. Jessie L. Misskelley, Jr. v. State of Arkansas, from Clay Circuit, Western District. Petition to reinvest the circuit court with jurisdiction to consider petition for writ of error coram nobis.
CR94-928. Charles Jason Baldwin v. State of Arkansas, from Craighead Circuit, Western District. Motion for entry of appearance.
CR94-928. Charles Jason Baldwin v. State of Arkansas, from Craighead Circuit, Western District. Petition to proceed in the trial court with a writ of error coram nobis.
CR07-738. Fernando Rodriguez v. State of Arkansas, from Benton Circuit. Motion to release sealed exhibits.
CR08-148. Kevin Lynn Davis, Jr. v. State of Arkansas, from Jefferson Circuit. Appellant's renewed motion to expand the page length of argument.
07-1314. Terry Hanners v. Giant Oil Company of Arkansas, Inc., from Mississippi Circuit, Chickasawba District. Appellee's motion for costs.
CA08-193. Joel Mark Rownak v Lisa Monette Rownak, from Benton Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court.
08-623. South Flag Lake, Inc. v. Henrietta Gordan, from Arkansas Circuit, Southern District. Motion for rule on clerk.
08-646. Carmine Tieri et ux. v. Nakia J. Wilson et al., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss appeal.
08-650. JARSEW, LLC v. United Parts and Supply, Inc. et al., from St. Francis Circuit. Motion for rule on clerk.
08-713. In Re: Raymond E. Bornhoft, Arkansas Bar No. 85014, an Original Action. Petition to surrender Arkansas Law License.
SUBMISSIONS
08-33. Dollarway Patrons For Better Schools et al. v. Dollarway School District et al., from Jefferson Circuit. Argued orally.
CR08-88. State of Arkansas v. Eugene Johnson, from Union Circuit.
08-176. Helena-West Helena, Arkansas v. Johnny Weaver, from Phillips Circuit.
08-241. James E. Evans et al. v. Jo Ann Blankenship et al., from Washington Circuit.
08-273. Seidenstricker Farms v. Warren N. Doss and Etta A. Doss Family Trust et al., from Prairie Circuit, Southern District.