Opinions delivered
September 23, 1998
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ZIP file containing today's WP5.1 files.Baker v. Frozen Food Express Transp. (Meads, J.) CA98-200
Workers' compensation -- Commission's jurisdiction; State's interests not present
in appellant's case -- presumption rebutted; substantial evidence supported finding. NOTICE:
This opinion was withdrawn and replaced with the following substituted opinion on
denial of rehearing on December 9, 1998. [HTML,
WP5.1]
Cheatham v. State (Meads, J.) CACR98-174
Criminal procedure -- Speedy trial; rules not effective until all elements
of crime completed; victim died after arrest date; appellant's trial did not violate
rules. [HTML, WP5.1]
Silverman v. State (Crabtree, J.) CACR98-52
Evidence -- DNA tests; expert testimony; appellant could have challenged
at trial; evidence supported jury's conclusion of guilt. [HTML, WP5.1]
Thompson v. Thompson (Pittman, J.) CA98-80
Divorce -- Child custody; no error in chancellor's modification of
joint-custody decree; child support awarded without to chart; award reversed. [HTML, WP5.1]
OPINIONS NOT DESIGNATED FOR PUBLICATION
Allen v. State, CA CR 97-1280 (Robbins, C.J.), affirmed September 23, 1998.
Ashberry v. State, CA CR 98-277 (Bird, J.), affirmed September 23, 1998.
Bates v. State, CA CR 98-166 (Jennings, J.), affirmed September 23, 1998.
Dennis v. State, CA CR 98-79 (Rogers, J.), affirmed September 23, 1998.
Harmon v. Director, E 96-110 (Rogers, J.), affirmed September 23, 1998.
Hipp v. State, CA CR 97-1544 (Stroud, J.), affirmed September 23, 1998.
Jackson v. State, CA CR 97-1438 (Bird, J.), affirmed September 23, 1998.
Johnson v. State, CA CR 97-564 (Griffen, J.), affirmed September 23, 1998.
Lewis v. State, CA CR 98-48 (Neal, J.), affirmed September 23, 1998.
Nelson v. State, CA CR 98-121 (Roaf, J.), affirmed September 23, 1998.
Oakes v. State, CA CR 98-155 (Arey, J.), affirmed September 23, 1998.
Office of Child Support Enforcement v. Peavler, CA 98-164 (Griffen, J.), reversed and remanded September 23, 1998.
Powell v. State, CA CR 98-257 (Robbins, C.J.), affirmed September 23, 1998.
Raper v. Reynolds Metals, CA 98-290 (Arey, J.), affirmed September 23, 1998.
Rogers v. State, CA CR 98-92 (Meads, J.), affirmed September 23, 1998.
Rush v. State, CA CR 98-115 (Stroud, J.), affirmed September 23, 1998.
CASES AFFIRMED WITHOUT OPINION
Armour v. Director of Labor, E 98-89, September 23, 1998.
Hall Eye Care v. Director of Labor, E 98-91, September 23, 1998.
Harrison Home Ctr. v. Director of Labor, E 98-90, September 23, 1998.
Lambert v. Director of Labor, E 98-98, September 23, 1998.
Limer v. Director of Labor, E 98-96, September 23, 1998.
Mahomes v. Director of Labor, E 98-95, September 23, 1998.
Montang v. Director of Labor, E 98-97, September 23, 1998.
Niles v. Director of Labor, E 98-99, September 23, 1998.
Prewitt v. Director of Labor, E 98-88, September 23, 1998.
Southland Adult Care Ctr., Inc. v. Director of Labor, E 98- 93, September 23, 1998.
Szwedo v. Director of Labor, E 98-92, September 23, 1998.
Whiteside v. Director of Labor, E 98-100, September 23, 1998.
ORIGINAL SYLLABUS
JOHN B. ROBBINS, CHIEF JUDGE:
CACR97-1280. Harold Allen v. State of Arkansas, from Jefferson Circuit. Affirmed. Bird and Rogers, JJ., agree. (2 PAGES UNPUBLISHED)
CACR98-257. Derrick Powell v. State of Arkansas, from Union Circuit. Affirmed. Bird and Rogers, JJ., agree. (5 PAGES UNPUBLISHED)
JOHN MAUZY PITTMAN, JUDGE:
CA98-80. George William Thompson v. Melinda B. Thompson, from Benton Chancery. Affirmed in Part; Reversed and Remanded in Part. Rogers and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]
D. FRANKLIN AREY, III, JUDGE:
CACR98-155. David L. Oakes v. State of Arkansas, from Jefferson Circuit. Affirmed. Pittman and Jennings, JJ., agree. (2 PAGES UNPUBLISHED)
CA98-290. Gerald Raper v. Reynolds Metals, from Workersț Compensation Commission. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR98-166. John Michael Bates v. State of Arkansas, from Fulton Circuit. Affirmed. Pittman and Arey, JJ., agree. (9 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR97-1438. Michael Eugene Jackson v. State of Arkansas, from Pope Circuit. Affirmed. Robbins, C.J., and Rogers, J., agree. (5 PAGES UNPUBLISHED)
CACR98-277. Larry Ashberry v. State of Arkansas, from Clark Circuit. Affirmed. Robbins, C.J., and Rogers, J., agree. (10 PAGES UNPUBLISHED)
JUDITH ROGERS, JUDGE:
CACR98-79. Michael Dennis v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
E96-110. Carol L. Harmon v. Director, Employment Security Department, from Board of Review. Affirmed. Pittman and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CACR97-1544. Howard Hipp v. State of Arkansas, from Ashley Circuit, First Division. Affirmed. Neal and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
CACR98-115. Anita Cummings Rush v. State of Arkansas, from White Circuit. Affirmed. Robbins, C.J., and Roaf, J., agree. (7 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR98-48. David Lewis v. State of Arkansas, from Jefferson Circuit. Affirmed. Stroud and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CACR97-564. James I. Johnson v. State of Arkansas, from Cleburne Circuit. Affirmed. Stroud and Neal, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-164. Office of Child Support Enforcement v. Gina E. Shelton Peavler, from Crawford Chancery. Reversed and Remanded. Stroud and Neal, JJ., agree. (3 PAGES UNPUBLISHED)
TERRY CRABTREE, JUDGE:
CACR98-52. Julius Silverman v. State of Arkansas, from Jefferson Circuit. Affirmed. Meads and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR98-92. Gary K. Rogers v. State of Arkansas, from Garland Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)
CACR98-174. Torrence Taber Cheatham v. State of Arkansas, from Pulaski Circuit. Affirmed. Jennings and Bird, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]
CA98-200. Maudie Baker v. Frozen Food Express Transport, from Workers' Compensation Commission. Affirmed. Crabtree and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANDREE LAYTON ROAF, JUDGE:
CACR98-121. Raymond Ralph Nelson v. State of Arkansas, from Drew Circuit. Affirmed. Crabtree and Meads, JJ., agree. (8 PAGES UNPUBLISHED)
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).
E98-88. Gerrie L. Prewitt v. Director et al.
E98-89. E.B. Armour Jr. v. Director et al.
E98-90. Harrison Home Center v. Director et al.
E98-91. Hall Eye Care v. Director et al.
E98-92. Henryk Szwedo v. Director et al.
E98-93. Southland Adult Care Center, Inc. v. Director et al.
E98-95. Lawrance D. Mahomes v. Director et al.
E98-96. Djamila Limer v. Director et al.
E98-97. Heidi D. Montang v. Director et al.
E98-98. Melvin J. Lambert v. Director et al.
E98-99. T.O. Niles v. Director et al.
E98-100. Scott Whiteside v. Director et al.
PER CURIAM ORDERS
CACR97-778. Willie Earl Henry v. State of Arkansas, from Phillips Circuit. Appellant's pro se motion to file a reply brief. Granted. Reply brief may be filed within fifteen days. Griffen, J., would deny.
CACR98-412. George A. Bunn v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time. Granted forty-five days.
CACR98-591. Alfred Brown v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion to file a reply brief. Granted. Reply brief may be filed within fifteen days.
CACR98-690. Frank Watts II v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion for reconsideration. Denied. See State v. Van Pelt, 305 Ark. 125, 810 S.W.2d 27 (1991).
CACR98-883. Victor Wayne Wolfe v. State of Arkansas, from Pope Circuit. Appellant's motion to correct or modify the record and for brief time. Remanded to trial court to settle the record within thirty days. Appellant's abstract and brief due within sixty days.
CA98-599. John O'Hara v. J. Christy Construction Company et al., from Workers' Compensation Commission. Motion of appellee, Second Injury Fund, to set a separate briefing schedule. Granted. Clerk to set briefing schedule.
CA98-792. Jeff Davis et al. v. Robert Henderson et al., from Pulaski Circuit, Fifth Division. Appellees' motion to dismiss appeal and to stay brief time. Granted.
CA98-973. Dugal Logging, Inc. et al. v. Arkansas Pulpwood Company, Inc., from Union Circuit. Motion of Riverwood International U.S.A., Inc. to dismiss appeal and cross-appeal. Denied.
CA98-1081. Rosie Brown v. Archild, Inc., from Workers' Compensation Commission. Pro se motion for rule on clerk to lodge transcript. Denied.
E98-178. Todd Cooper v. Director et al., from Board of Review. Motion for belated appeal. Denied.
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CA97-1530. Winston G. Chandler v. Kenneth Henry et ux., from Van Buren Chancery.
* * * * * * * * * * * * * * * * * * * *
CACR98-393. Julius Johnson v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record.
CACR98-556. Tommy Mosley v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to supplement the record and to stay brief time.
CACR98-1018. Charles Wade Erwin v. State of Arkansas, from Clark Circuit. Motion of Harold W. Madden to be relieved as counsel for appellant and for brief time.
CA97-1347. Uel Moore et ux. v. Rose Anna Kiene et al., from Crawford Chancery. Appellees' motion to advance and affirm.
CA97-1379. Michael D. Carr v. Frank Fletcher Companies, Inc. et al., from Pulaski Circuit, Third Division. Appellant's motion to withdraw attorney's fee issue and to set briefing schedule.
CA98-704. Kenneth Elmore, Mayor for the City of Huntington et al. v. Sue Burke et al., from Sebastian Circuit. Appellees' motion to file a belated brief.
CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit. Appellant's pro se motion for rule on clerk to submit motion to certify to the Supreme Court.
CA98-753. William Rummel, as Administrator of the Estate of Lettia Rummel v. Kappa Realty, LLC, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal and to stay brief time.
CA98-799. Patricia Baker v. Cheyenne Industries, from Workers' Compensation Commission. Appellee's motion to file a belated brief.
CA98-800. Garry Metcalf v. Texarkana Public Schools, from Miller Circuit. Appellant's motion to certify to the Supreme Court.
CA98-803. John Warren v. Texarkana Public Schools, from Miller Circuit. Appellant's motion to certify to the Supreme Court.
CA98-835. Albert and Vera Stumborg v. Paula Denison, from Craighead Chancery, Western District. Appellee's motion to correct the record and to stay brief time.
CA98-969. Brian Patterson v. Steve Isom, from Pope Chancery. Appellant's petition for writ of certiorari to complete the record and to stay brief time.
E98-226. Kenneth D. Hanger v. Director et al., from Board of Review. Motion for belated appeal.
SUBMISSIONS
CACR98-86. Larry Dean Clark v. State of Arkansas, from Pulaski Circuit, Second Division. Argued orally.
CA97-860. Gwenda Kaye Wakefield v. Joel David Wakefield et al., from Howard Chancery. Argued orally.
CACR97-1546. Timothy Lamar Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-51. Walter Haynes v. State of Arkansas, from Union Circuit.
CACR98-106. Correy Wells v. State of Arkansas, from Garland Circuit.
CACR98-144. Cleodis Randolph v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-219. Jonathan Blake Robertson v. State of Arkansas, from Saline Circuit.
CACR98-325. Racheal S. Leopard v. State of Arkansas, from Sevier Circuit.
CACR98-337. Malik Mumit v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CACR98-374. Danny Lee Ward v. State of Arkansas, from Garland Circuit.
CA97-1151. Donna Groves v. Ricky Tripp, from Pulaski Chancery, Fourth Division.
CA97-1323. David R. Michael et ux. v. George Roberson et al., from Jefferson Chancery.
CA97-1347. Uel Moore et ux. v. Rose Anna Kiene et al., from Crawford Chancery.
CA97-1567. William Rutledge v. Marilyn Rutledge, from Pulaski Chancery, Sixth Division.
CA98-152. Lucy Callaway Harris et al. v. E.J. Callaway III, Administrator, from Lincoln Chancery.
CA98-181. Jim Gibson v. Jim Herring d/b/a The Gem Shop, from Pulaski Circuit, Third Division.
CA98-235. State of Arkansas Office of Child Support Enforcement v. Edward Cross, from Jefferson Chancery.
CA98-238. Roy D. Smith et ux. v. Black, Inc., from Arkansas Chancery, Southern District.
CA98-252. Century Tube Corporation v. Earl Jasper, from Workers' Compensation Commission.
CA98-253. Pamela Haynes Yandell v. Darling Store Fixtures, from Workers' Compensation Commission.
CA98-298. Tony Hooker v. Tri-State Mechanical & Electrical, from Workers' Compensation Commission.
CA98-314. Richard E. Shults v. Pulaski County Special School District, from Workers' Compensation Commission.
CA98-343. Carolyn Watkins v. Acco, Inc., from Workers' Compensation Commission.
CA98-354. Kenny Harris v. Arkansas Power & Light Company, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E98-114. Marilyn L. Richardson v. Director et al.
E98-115. Capitol City Patrol v. Director et al.
E98-117. Johnnie M. Kohler v. Director et al.
E98-118. Clemond Hewice Cole II v. Director et al.
E98-119. Marianne Sinclair v. Director et al.
E98-120. Paul N. Bridges v. Director et al.
E98-121. Kenneth Johnson v. Director et al.
E98-122. Leslie G. Purdy v. Director et al.
E98-123. Katrina Herring v. Director et al.
E98-124. Mavis M. Swart v. Director et al.
E98-125. Barbara A. Faulks v. Director et al.
E98-126. Jimmy D. Price v. Director et al.