Opinions delivered
June 26, 2008
Download ZIP file containing today's published PDF files.
JIM HANNAH, CHIEF JUSTICE:
CR07-1160. Michael David Koster v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed. PUBLISHED [PDF]
08-33. Dollarway Patrons for Better Schools and Felix Smart et al. v. Dollarway School District, Dollarway Board of Education et al., and Mike Holcomb, County Judge et al., from Jefferson Circuit. Reversed and Remanded. Corbin, J., dissents. Glaze, J., not participating. PUBLISHED [PDF]
TOM GLAZE, JUSTICE:
CR08-88. State of Arkansas v. Eugene Johnson, from Union Circuit. Dismissed. PUBLISHED [PDF]
DONALD L. CORBIN, JUSTICE:
08-241. James E. Evans, Jr. v. Jo Ann Blankenship, Metropolitan National Bank, Michael J. Overton, and Judith Blankenship Overton, from Washington Circuit. Appeal Treated as Petition for Writ of Prohibition or, Alternatively, Certiorari; Petition Denied. PUBLISHED [PDF]
ROBERT L. BROWN, JUSTICE:
08-176. The Municipality of Helena-West Helena, AR; Mayor J.F. Valley, Chief Executive Officer v. Johnny Weaver, from Phillips Circuit. Reversed and Dismissed. PUBLISHED [PDF]
ANNABELLE CLINTON IMBER, JUSTICE:
07-1326. State of Arkansas v. C.W., A Minor, from Pulaski Circuit, Tenth Division. Appeal Dismissed. Glaze and Brown, JJ., dissent. PUBLISHED [PDF]
08-273. Seidenstricker Farms v. Warren N. Doss and Etta A. Doss Family Trust, Warren N. Doss, Individually and as Trustee of the Warren N. Doss and Etta A. Doss Family Trust, Etta A. Doss, Individually and as Trustee of the Warren N. Doss and Etta A. Doss Family Trust, from Prairie Circuit, Southern District. Affirmed. Hannah, C.J., Glaze, and Corbin, JJ., dissent. PUBLISHED [PDF]
PAUL E. DANIELSON, JUSTICE:
CR07-775. Prentis Lee Winkle v. State of Arkansas, from Miller Circuit. Affirmed. Imber, J., concurs. PUBLISHED [PDF]
PER CURIAM OPINION:
CR07-1247. Eddy Stanley Harris, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. UNPUBLISHED [PDF]
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
07-724. Thomas K. Felton et al. v. Rebsamen Medical Center, Inc., from Pulaski Circuit, Fifth Division. Hannah, C.J., Brown, and Imber, JJ., would grant.
07-991. Medical Liability Mutual Insurance Company v. Alan Curtis Enterprises Inc. et al., an Original Action. See supplemental opinion this date. Brown, J., would grant. Imber, J., not participating. PUBLISHED [PDF]
07-1081. State of Arkansas v. S.G., from Pulaski Circuit, Third Division. Corbin, J., not participating.
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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REVIEWS DENIED: Petitions for review were denied today in the following cases.
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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CR08-590. Alvin Travis McCullough v. State of Arkansas, from Washington Circuit. Motion to withdraw as counsel on direct appeal. Motion granted. See per curiam this date. PUBLISHED [PDF]
CR94-848. Jessie L. Misskelley, Jr. v. State of Arkansas, from Clay Circuit, Western District. Motion for entry of appearance. Noted. Imber, J., not participating.
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. Petition denied without prejudice. Imber, J., not participating.
CR94-928. Charles Jason Baldwin v. State of Arkansas, from Craighead Circuit, Western District. Motion for entry of appearance. Noted.
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. Petition denied without prejudice.
CR07-738. Fernando Rodriguez v. State of Arkansas, from Benton Circuit. Motion to release sealed exhibits is granted.
CR08-148. Kevin Lynn Davis, Jr. v. State of Arkansas, from Jefferson Circuit. Appellant's renewed motion to expand the page length of argument is denied.
CA06-521. Benjamin F. Lackey, Jr. v. Mark A Mays et al., from Faulkner Circuit. Motion to certify to the Arkansas Supreme Court is denied; motion to substitute jurisdictional statement is moot.
07-1314. Terry Hanners v. Giant Oil Company of Arkansas, Inc., from Mississippi Circuit, Chickasawba District. Appellee's motion for costs is denied.
CA08-193. Joel Mark Rownak v Lisa Monette Rownak, from Benton Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court is denied.
08-359. Mark Porter v. Arkansas Department of Health & Human Services, from Van Buren Circuit. Motion to intervene and join the appellant is denied.
08-623. South Flag Lake, Inc. v. Henrietta Gordan et al., from Arkansas Circuit, Southern District. Motion for rule on clerk. Remanded. See per curiam this date. Brown, J., not participating. PUBLISHED [PDF]
08-646. Carmine Tieri et ux. v. Nakia J. Wilson et al., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss appeal is granted.
08-650. JARSEW, LLC v. United Parts and Supply, Inc. and Fidelity National Bank, from St. Francis Circuit. Motion for rule on clerk. Motion denied. See per curiam this date. PUBLISHED [PDF]
08-713. In Re: Raymond E. Bornhoft, Arkansas Bar No. 85014, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. PUBLISHED [PDF]
CR08-714. Lawrence Loe v. Honorable Gary Arnold, Circuit Judge, from Saline Circuit. Motion for accelerated proceedings is granted; petition for writ of prohibition is denied without prejudice.
In Re: Supreme Court Board of Certified Court Reporter Examiners. See per curiam this date. PUBLISHED [PDF]
Honorable Larry W. Chandler of Magnolia, Circuit Judge, 13th Judicial Circuit, is appointed to our Board of Certified Court Reporter Examiners effective August 1, 2008, for a three-year term expiring on July 31, 2011. The court thanks him for his willingness to serve on this important board.
The court expresses its gratitude to Judge Edwin Keaton of Camden for his valuable service to the board.
In Re: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.
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In Re: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandate of this Court in compliance therewith.
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In Re: Procedure While Court is in Recess. During the recess of this Court, any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.