Opinions delivered
June 25, 2008
Download ZIP file containing today's published PDF files.
Download ZIP file containing today's unpublished PDF files.
JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR07-395. Corrie Derell Thomas v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion to Withdraw Denied; Rebriefing Ordered. Gladwin and Marshall, JJ., agree. UNPUBLISHED [PDF]
CACR07-467. Mack Leonard Eason v. State of Arkansas, from Crittenden Circuit. Motion to Withdraw Denied; Rebriefing Ordered. Hart and Gladwin, JJ., agree. UNPUBLISHED [PDF]
CA07-1189. New Life Beauty Center, Inc. v. Palomar Medical Technologies, Inc., from Sebastian Circuit, Fort Smith District. Affirmed. Gladwin and Robbins, JJ., agree. UNPUBLISHED [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR07-933. Shenard Phillips v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed; Motion to be Relieved Granted. Heffley and Baker, JJ., agree. UNPUBLISHED [PDF]
CACR07-1241. Dominique Wine v. State of Arkansas, from Jefferson Circuit. Affirmed; Motion to be Relieved Granted. Heffley and Baker, JJ., agree. UNPUBLISHED [PDF]
ROBERT J. GLADWIN, JUDGE:
CACR06-506. Paul Barron, Sr. v. State of Arkansas, from Carroll Circuit, Eastern District. Motion to Withdraw Denied; Rebriefing Ordered. Pittman, C.J., and Heffley, J., agree. UNPUBLISHED [PDF]
CACR07-468. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Motion to Withdraw Denied; Rebriefing Ordered. Pittman, C.J., and Vaught, J., agree. UNPUBLISHED [PDF]
CACR07-1351. George W. Hayden v. State of Arkansas, from Drew Circuit. Affirmed. Pittman, C.J., and Bird, J., agree. PUBLISHED [PDF]
CA07-1035. Thermoenergy Corporation v. Rock Capital, LLC, from Pulaski Circuit, Sixth Division. Affirmed on Direct Appeal; Affirmed on Cross Appeal. Pittman, C.J., and Glover, J., agree. UNPUBLISHED [PDF]
JOHN B. ROBBINS, JUDGE:
CACR07-941. Jayson Wayne Carroll v. State of Arkansas, from Columbia Circuit. Rebriefing Ordered. Griffen and Vaught, JJ., agree. UNPUBLISHED [PDF]
CACR07-1292. Michael Lee Layton v. State of Arkansas, from Columbia Circuit. Rebriefing Ordered. Griffen and Vaught, JJ., agree. UNPUBLISHED [PDF]
SAM BIRD, JUDGE:
CACR07-1053. David Michael Sanders v. State of Arkansas, from Faulkner Circuit. Dismissed. Glover and Marshall, JJ., agree. UNPUBLISHED [PDF]
CACR07-1303. Van Allen Hodge v. State of Arkansas, from Sharp Circuit. Affirmed; Motion Granted. Glover and Marshall, JJ., agree. UNPUBLISHED [PDF]
CA07-622. Wilma Lee, as the Personal Representative of the Estate of Indianna Barnes v. Mark Martindale, M.D., and Gordon Schally, M.D., from Saline Circuit. Affirmed in Part; Reversed and Remanded in Part. Glover and Marshall, JJ., agree. PUBLISHED [PDF]
WENDELL GRIFFEN, JUDGE:
CACR07-1058. Calvin Edward Donald v. State of Arkansas, from Faulkner Circuit. Affirmed; Motion to Withdraw Granted. Robbins and Vaught, JJ., agree. UNPUBLISHED [PDF]
CACR07-1324. Francisco Maldonado v. State of Arkansas, from Faulkner Circuit. Affirmed; Motion to be Relieved Granted. Robbins and Vaught, JJ., agree. UNPUBLISHED [PDF]
DAVID M. GLOVER, JUDGE:
CACR07-1129. Tanya Schwellinger-Aguirre v. State of Arkansas, from Benton Circuit. Affirmed; Motion Granted. Bird and Marshall, JJ., agree. UNPUBLISHED [PDF]
CACR08-199. Craig L. Taylor v. State of Arkansas, from Union Circuit. Affirmed; Motion Granted. Bird and Marshall, JJ., agree. UNPUBLISHED [PDF]
CA07-1172. William Vernon Williamson v. Kari Lynn Williamson, from Benton Circuit. Affirmed. Bird and Marshall, JJ., agree. UNPUBLISHED [PDF]
CA08-25. Mark Banks, as Administrator of the Estate of Dayna Banks, Deceased v. Robert J. Landry, Jr., as Personal Representative of the Estate of Robert J. Landry, Sr., Deceased, from Craighead Circuit, Western District. Reversed and Remanded. Hart, Robbins, and Baker, JJ., agree. Griffen and Heffley, JJ., dissent. PUBLISHED [PDF]
D.P. MARSHALL JR., JUDGE:
CACR07-1166. Elliott E. Bailey v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Rebriefing Ordered; Motion to Withdraw Denied. Bird and Glover, JJ., agree. UNPUBLISHED [PDF]
CA08-268. Lyla Benedict v. Arkansas Department of Human Services, from Washington Circuit. Affirmed. Bird and Glover, JJ., agree. UNPUBLISHED [PDF]
LARRY D. VAUGHT, JUDGE:
CACR07-1173. Anthony Wise v. State of Arkansas, from Jefferson Circuit. Rebriefing Ordered. Robbins and Griffen, JJ., agree. UNPUBLISHED [PDF]
CACR08-235. James O. Frye v. State of Arkansas, from Drew Circuit. Affirmed; Motion Granted. Robbins and Griffen, JJ., agree. UNPUBLISHED [PDF]
SARAH J. HEFFLEY, JUDGE:
CACR07-1216. Robert L. Brown v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Hart and Baker, JJ., agree. UNPUBLISHED [PDF]
CA08-294. Nikki Christian v. Arkansas Department of Human Services, and J.C. and T.F., Minor Children, from Sebastian Circuit, Fort Smith District. Affirmed. Hart and Baker, JJ., agree. UNPUBLISHED [PDF]
KAREN R. BAKER, JUDGE:
CACR07-985. Phillip Rasmussen v. State of Arkansas, from Baxter Circuit. Affirmed. Hart and Heffley, JJ., agree. UNPUBLISHED [PDF]
CACR07-1218. Darnell Miller v. State of Arkansas, from Crittenden Circuit. Rebriefing Ordered. Hart and Heffley, JJ., agree. UNPUBLISHED [PDF]
CA07-1036. Sam N. Johns v. Carole Hoke Johns, from Mississippi Circuit. Affirmed. Hart and Heffley, JJ., agree. PUBLISHED [PDF]
E08-20. Mike P. Cusack v. Artee Williams, Director Department of Workforce Services, and University of Central Arkansas, from the Arkansas Board of Review. Affirmed. Pittman, C.J., Bird, and Vaught, JJ., agree. Hart and Robbins, JJ., dissent. PUBLISHED [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR07-401. Deanna Bobo v. State of Arkansas, from Sebastian Circuit, Greenwood District. Hart, J., would grant.
CA07-1182. McCourt Manufacturing Corporation v. Dave Rycroft, from Sebastian Circuit, Fort Smith District.
CA07-1352. Robert Barber v. Earle Blackford, from Independence Circuit.
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CACR07-1108. Eric E. Fiore v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Brett D. Watson to withdraw as counsel for appellant is granted.
CACR08-339. Glenn Ricky Bland v. State of Arkansas, from Crittenden Circuit. Appellant's second pro se motion for transcript at public expense is denied.
CACR08-528. Crystal Barnett v. State of Arkansas, from Drew Circuit. Appellant's motion to complete the record and to stay briefing schedule is granted.
CACR08-530. Ian Hunter Doyle v. State of Arkansas, from Jackson Circuit. Appellant's motion to file belated brief and for extension of time is granted.
CACR08-626. Clarence Jerome Hill v. State of Arkansas, from Jackson Circuit. Appellant's pro se motion for appointment of counsel is granted. Mr. Victor Trey Wright is appointed as counsel for appellant.
CA06-137. Misty Rhine et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion of Glenn Hoggard for attorney's fees as to appellant Misty Rhine is granted. Allowed $1,200.00 in fees and $333.02 in expenses.
CA08-18. Jim Davis and Terry Davis v. William Badley et al., from Randolph Circuit. Appellee Badley's motion to supplement the record is granted.
CA08-49. Ashley Gwinup et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion of Lee H. Linzay, Jr., for attorney's fees and costs is granted. Allowed $1,200.00 in fees and $173.44 in expenses.
CA08-49. Jesus Barrera et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion of Gail T. Segers for attorney's fees and costs is granted. Allowed $1,000.00 in fees and $164.24 in expenses.
CA08-51. Christopher Wayne Roberts v. Robin YanYan Yang (formerly Roberts), from Pulaski Circuit, Seventeenth Division. Appellant's motion for extension of brief time is denied. Brief due within fifteen days.
CA08-52. Christopher Wayne Roberts v. Robin YanYan Yang (formerly Roberts), from Pulaski Circuit, Seventeenth Division. Appellant's motion for extension of brief time is denied. Brief due within fifteen days.
CA08-110. Dana Hicks v. Antique Warehouse of Arkansas, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for brief time is granted.
CA08-136. Evender E. "Buddy" Jones v. Jeffery E. Currens et al., from Desha Circuit, Arkansas City District. Appellant's motion to file belated reply brief and for brief time is granted.
CA08-206. James Kirk Watts v. Nelson Utility Construction et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for additional brief time is granted. Brief due within thirty days.
CA08-227. Cliff Mason v. Quality Millwork, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file belated brief and for brief time is granted. Brief due within thirty days.
CA08-302. April Cunningham v. Danny Wilkinson, from Boone Circuit. Appellant's motion to correct and substitute brief is granted.
CA08-365. Dustin McDaniel, Attorney General et al. v. Arkansas Public Service Commission, from Public Service Commission. Motion of appellant, Dustin McDaniel, Attorney General, for release of confidential record is granted. Marshall, J., not participating.
CA08-471. Rick Brown v. Ben Frank, from Saline Circuit. Appellee's motion to dismiss appeal is denied. Pittman, C.J., Gladwin and Bird, JJ., would grant.
CA08-526. Asbury Automotive Used Car Center, L.L.C. v. Patric Brosh et al., from Washington Circuit. Appellant's motion to dismiss appellee Mel Anderson is granted.
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CACR07-196. Brandon Dwayne Sanders v. State of Arkansas, from Washington Circuit. Motion of Q. Byrum Hurst, Jr. for attorney's fees is granted. Allowed $1,200.00.
CACR07-292. Layne Eugene Carver v. State of Arkansas, from Lonoke Circuit. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,100.00.
CACR07-311. Jerry L. Pearson v. State of Arkansas, from Craighead Circuit, Western District. Motion of Chad M. Green for attorney's fees is granted. Allowed $1,100.00.
CACR07-429. Emmanuel Joseph Lee v. State of Arkansas, from Crawford Circuit. Motion of Constance G. Grayson for attorney's fees is granted. Allowed $1,100.00.
CACR07-472. Samantha Anne Mitchell v. State of Arkansas, from Benton Circuit. Motion of Andrew R. Miller for attorney's fees is denied. See Ark. Sup. Ct. R. 6-6(c).
CACR07-512. Joseph Stration Parker v. State of Arkansas, from Logan Circuit, Southern District. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,100.00.
CACR07-545. David Lee McCloud v. State of Arkansas, from Jackson Circuit. Motion of Debra Reece for attorney's fees is granted. Allowed $1,100.00.
CACR07-566. Etoy Calhoun v. State of Arkansas, from Jefferson Circuit. Motion of F. Wilson Bynum for attorney's fees is granted. Allowed $900.00.
CACR07-592. David Lee Daniels v. State of Arkansas, from Benton Circuit. Motion of Brad L. Karren for attorney's fees is granted. Allowed $1,100.00.
CACR07-615. Detriawn R. Wade v. State of Arkansas, from Crittenden Circuit. Motion of C. Brian Williams for attorney's fees is granted. Allowed $1,100.00.
CACR07-644. Bryan Leon Boman v. State of Arkansas, from Saline Circuit. Motion of F. Parker Jones III for attorney's fees is granted. Allowed $1,100.00.
CACR07-672. James H. Perry v. State of Arkansas, from Franklin Circuit, Northern District. Motion of William Pearson for attorney's fees is granted. Allowed $1,100.00.
CACR07-677. Jokari D. Lamar v. State of Arkansas, from Crittenden Circuit. Motion of S. Butler Bernard for attorney's fees and expenses is granted. Allowed $1,100.00.
CACR07-682. John W. Wilson v. State of Arkansas, from Hempstead Circuit. Motion of Misty Borkowski for attorney's fees is granted. Allowed $1,100.00.
CACR07-708. Jerry Lee Marshall v. State of Arkansas, from Cleveland Circuit. Motion of Leah Lanford for attorney's fees is granted. Allowed $1,000.00.
CACR07-712. Craig Depriest v. State of Arkansas, from Saline Circuit. Motion of F. Parker Jones III, for attorney's fees and costs is granted. Allowed $1,100.00.
CACR07-720. Michael Wilkerson v. State of Arkansas, from Greene Circuit. Motion of Michael B. Phillips for attorney's fees is granted. Allowed $1,100.00.
CACR07-749. Macey Terry v. State of Arkansas, from Jefferson Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,100.00.
CACR07-764. Justin Bryan Vansickle v. State of Arkansas, from Cleveland Circuit. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,100.00.
CACR07-769. James Delamar v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees is granted. Allowed $1,100.00.
CACR07-770. Phillip B. Jones v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,400.00.
CACR07-823. James Clifton Mainard, II v. State of Arkansas, from Franklin Circuit, Northern District. Motion of William M. Pearson for attorney's fees is granted. Allowed $1,000.00.
CACR07-847. Stephan Allen King v. State of Arkansas, from Randolph Circuit. Motion of Victor "Trey" Wright, III for attorney's fees is granted. Allowed $900.00.
CACR07-848. Ligie Witt Waddell v. State of Arkansas, from Randolph Circuit. Motion of B. Kevin Holland for attorney's fees is granted. Allowed $1,000.00.
CACR07-866. Willie Ray Ester v. State of Arkansas, from Cleveland Circuit. Motion of Paul Johnson for attorney's fees is granted. Allowed $800.00.
CACR07-875. Kent D. Horton v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $800.00.
CACR07-876. Loretta L. Sanders v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Kent Walker for attorney's fees is granted. Allowed $1,100.00.
CACR07-877. Juan Rolando Vigil v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,100.00.
CACR07-879. Mario Fudge v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Jonathan T. Lane for attorney's fees is granted. Allowed $1,100.00.
CACR07-900. Theodore Anderson v. State of Arkansas, from Saline Circuit. Motion of F. Parker Jones, III for attorney's fees is granted. Allowed $1,100.00.
CACR07-937. Christopher Alan Ward v. State of Arkansas, from Benton Circuit. Motion of John Ogles for attorney's fees is granted. Allowed $700.00.
CACR07-946. Victor Lyons v. State of Arkansas, from Saline Circuit. Motion of F. Parker Jones, III for attorney's fees is granted. Allowed $1,100.00.
CACR07-963. Anthony Tyrone Martin v. State of Arkansas, from Bradley Circuit. Motion of Gary Potts for attorney's fees is granted. Allowed $600.00.
CACR07-964. Sammier Q. Davis v. State of Arkansas, from Bradley Circuit. Motion of Gary Potts for attorney fees and costs is granted. Allowed $750.00.
CACR07-971. Gregory Lionel Gillis v. State of Arkansas, from Ashley Circuit. Motion of Daren J. Nelson for attorney's fees and expenses is granted. Allowed $1,100.00.
CACR07-978. Bryan R. Norwood v. State of Arkansas, from Garland Circuit. Motion of David C. Hawkey for attorney's fees is granted. Allowed $1,000.00.
CACR07-1094. Eddie L. Matlock v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of William O. "Bill" James, Jr. for attorney's fees is granted. Allowed $1,000.00.
CACR07-1097. Darlene A. Releford v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.
CACR07-1098. Craig D. Thomas v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,100.00.
CACR07-1111. Larry Rowland Massey, Jr. v. State of Arkansas, from Ouachita Circuit. Motion of David W. Talley, Jr., for attorney's fees is granted. Allowed $1,100.00.
CACR07-1130. Scotty Joe Shipman v. State of Arkansas, from Saline Circuit. Motion of F. Parker Jones, III for attorney's fees is granted. Allowed $1,100.00.
CACR07-1135. John Steven Croft v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR07-1145. Mikel S. Webster v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.
CACR07-1147. Lashauna A. Flemons v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.
CACR07-1148. Lonnie W. Burks v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,000.00.
CACR07-1230. Michael Anthony Benjamin v. State of Arkansas, from Washington Circuit. Motion of Keith L. Chrestman for attorney's fees is granted. Allowed $1,100.00.
CACR07-1233. Gregory Eldridge v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion of Sandra C. Bradshaw for attorney's fees and expenses is granted. Allowed $1,100.00.
CACR07-1268. John Jermaine Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of William O. "Bill" James, Jr., for attorney's fees is granted. Allowed $1,000.00.
CACR07-1294. Anthony D. Josenberger v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $750.00.
CACR07-1295. Victor M. Melancon v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $800.00.
CACR07-1296. Stephen M. Wise v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $875.00.
CACR07-1297. Rhonda S. Anderson v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $800.00.
CACR08-145. John M. Silvey v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunagin for attorney's fees is granted. Allowed $1,100.00.
CA07-972. Nicholas Vickery v. State of Arkansas, from Faulkner Circuit. Motion of David Hogue for attorney's fees is granted. Allowed $1,100.00.
CA07-1056. Tyler Joseph Roberts v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Justin Eisele for attorney's fees and expenses is granted. Allowed $1,000.00.