Opinions delivered
September 30, 1998
Grand State Mktg. v. Eastern Poultry Distribs., Inc. (Crabtree, J.) CA97-1569
Sales -- Commercial units; appellee could accept
some cartons and reject or revoke acceptance of others; appellee
proved value of goods substantially impaired; no failure of proof
as to lost profits.
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Hyatt v. State (Pittman, J.) CACR98-182
Evidence -- Arkansas Rules of Evidence 404(b);
pedophile exception; no abuse of discretion in trial court's
admittance of evidence of appellant's prior sexual misconduct
towards victim.
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Swift-Eckrich, Inc. v. Brock (Griffen, J.) CA98-262
Workers' compensation -- Medical evidence;
sufficiently objective to support finding of impairment; finding
that injuries were result of head trauma based on substantial
evidence.
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Lewis v. State (Concurrence and Dissent only) CACR97-1232
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Brown v. Brown, CA 97-1537 (Crabtree, J.), reversed in part; affirmed in part; and remanded September 30, 1998.
Ciesielski v. State, CA CR 97-1560 (Neal, J.), affirmed September 30, 1998.
Davidson v. Little Rock Sch. Dist., CA 97-1381 (Bird, J.), affirmed September 30, 1998.
Glover v. Woodhaven Homes, Inc., CA 98-1 (Robbins, C.J.), reversed and remanded September 30, 1998.
Griffin v. State, CA CR 97-843 (Robbins, C.J.), affirmed September 30, 1998.
Hill v. Hill, CA 98-88 (Arey, J.), affirmed September 30, 1998.
Islam v. State, CA CR 98-234 (Meads, J.), affirmed September 30, 1998.
Jackson v. State, CA CR 98-195 (Arey, J.), affirmed September 30, 1998.
Johnison v. State, CA CR 98-268 (Pittman, J.), affirmed September 30, 1998.
Littleton v. State, CA CR 98-101 (Crabtree, J.), affirmed September 30, 1998.
Mallett v. State, CA CR 97-930 (Bird, J.), affirmed September 30, 1998.
Montgomery v. Fryar, CA 97-1450 (Pittman, J.), affirmed September 30, 1998.
Munnerlyn v. State, CA CR 98-243 (Roaf, J.), affirmed September 30, 1998.
Pinkston v. U.S.A. Truck, Inc., CA98-254 (Roaf, J.), affirmed September 30, 1998.
Sharp v. Miller Transporters, Inc., CA 98-280 (Jennings, J.), affirmed September 30, 1998.
Spaletta v. Mack, CA 98-14 (Neal, J.), affirmed September 30, 1998.
Wilson v. State, CA CR 97-1523 (Stroud, J.), rebriefing ordered September 30, 1998.
Yancy v. State, CA CR 96-1127 (Jennings, J.), affirmed September 30, 1998.
Adams v. Director of Labor, E 98-110, September 30, 1998.
Berry v. Director of Labor, E 98-108, September 30, 1998.
Carter v. Director of Labor, E 98-107, September 30, 1998.
Matthews v. Director of Labor, E 98-102, September 30, 1998.
Reynolds v. Director of Labor, E 98-113, September 30, 1998.
Rosamond v. Director of Labor, E 98-103, September 30, 1998.
Smith, Rhodis L. v. Director of Labor, E 98-112, September 30, 1998.
Smith, Brandie v. Director of Labor, E 98-111, September 30, 1998.
Staley Elec. Co. v. Director of Labor, E 98-105, September 30, 1998.
Todd v. Director of Labor, E 98-106, September 30, 1998.
Trujillo v. Director of Labor, E 98-104, September 30, 1998.
Williams, Rosie v. Director of Labor, E 98-109, September 30, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR97-843. Melvin Griffin v. State of Arkansas, from Columbia Circuit. Affirmed. Bird and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-1. Ross D. Glover and Debbie Glover v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division. Reversed and Remanded. Bird and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN MAUZY PITTMAN, JUDGE:
CACR98-182. Randy Hyatt v. State of Arkansas, from Crawford Circuit. Affirmed. Rogers and Griffen, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]
CACR98-268. Stacy Allen Johnison v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Arey and Jennings, JJ., agree. (2 PAGES UNPUBLISHED)
CA97-1450. James C. Montgomery et al. v. Dale Fryar and Glenda Fryar, from Franklin Chancery, Northern District. Affirmed. Arey and Jennings, JJ., agree. (6 PAGES UNPUBLISHED)
D. FRANKLIN AREY, III, JUDGE:
CACR98-195. Coy Jackson v. State of Arkansas, from Garland Circuit. Affirmed. Pittman and Jennings, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-88. Linda Fay Hill v. Johnny Hill, from Clark Chancery. Affirmed. Neal and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN E. JENNINGS, JUDGE:
CACR96-1127. Gary Lee Yancy v. State of Arkansas, from Pulaski Circuit. Affirmed. Pittman and Arey, JJ., agree. (7 PAGES UNPUBLISHED)
CA98-280. Curtis Bernard Sharp v. Miller Transporters, Inc. and Fowler Trucking, Inc., from Workersț Compensation Commission. Affirmed. Pittman and Arey, JJ., agree. (6 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR97-930. Don Mallett v. State of Arkansas, from Baxter Circuit. Affirmed. Robbins, C.J., and Rogers, J., agree. (9 PAGES UNPUBLISHED)
CA97-1381. Johnette Davidson v. Little Rock School District, from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Rogers, J., agree. (6 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CACR97-1523. George Anthony Wilson v. State of Arkansas, from Sebastian Circuit. Rebriefing Ordered. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
OLLY NEAL, JUDGE:
CACR97-1560. Robert Ciesielski v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)
CA98-14. Jeffery Spaletta v. Carolyn Mack, from Columbia Chancery. Affirmed. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CA98-262. Swift-Eckrich, Inc. v. Sheila Brock, from Workersț Compensation Commission. Affirmed. Stroud and Neal, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
TERRY CRABTREE, JUDGE:
CACR98-101. Shane Littleton v. State of Arkansas, from Garland Circuit. Affirmed. Meads and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
CA97-1537. Robert W. Brown v. Rebecca J. Brown, from Sebastian Chancery, Fort Smith District. Reversed in Part; Affirmed in Part; and Remanded. Arey and Neal, JJ., agree. (10 PAGES UNPUBLISHED)
CA97-1569. Grand State Marketing v. Eastern Poultry Distributors, Inc., from Pulaski Circuit, Fifth Division. Affirmed. Meads and Roaf, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
MARGARET MEADS, JUDGE:
CACR98-234. Ibn Kamal Islam v. State of Arkansas, from Sebastian Circuit. Affirmed. Crabtree and Roaf, JJ., agree. (13 PAGES UNPUBLISHED)
ANDREE LAYTON ROAF, JUDGE:
CACR98-243. Lynville "Bud" Munnerlyn v. State of Arkansas, from Lonoke Circuit. Affirmed. Crabtree and Meads, JJ., agree. (4 PAGES PUBLISHED)
CA98-254. Charles Pinkston v. U.S.A. Truck, Inc., from Workersț Compensation Commission. Affirmed. Crabtree and Meads, JJ., agree. (6 PAGES PUBLISHED)
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E98-102. Walter L. Matthews v. Director et al.
E98-103. Johnny Rosamond v. Director et al.
E98-104. Ascencion Trujillo v. Director et al.
E98-105. Staley Electric Company v. Director et al.
E98-106. Lana Todd v. Director et al.
E98-107. Terry Carter v. Director et al.
E98-108. Shenico Berry v. Director et al.
E98-109. Rosie Williams v. Director et al.
E98-110. Gregory Adams v. Director et al.
E98-111. Brandie Smith v. Director et al.
E98-112. Rhodis L. Smith v. Director et al.
E98-113. Roger D. Reynolds v. Director et al.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CACR97-1232. John Alvin Lewis v. State of Arkansas, from Washington Circuit. Bird, J., concurs. Robbins, C.J., and Roaf, J., dissent. (3 PAGES CONCURRENCE, 3 PAGES DISSENT) [HTML, WP5.1]
CA97-1530. Winston G. Chandler v. Kenneth Henry et ux., from Van Buren Chancery.
CACR97-1492. James E.A. Maxwell v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's pro se motion for reconsideration of motion for appointment of counsel. Denied.
CACR98-393. Julius Johnson v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record. Granted. Record deemed supplemented.
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. Denied.
CA98-1. Ross D. Glover et al. v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division. Appellee's motion for attorney's fees and costs. Denied.
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. Granted.
CA98-747. Dwight Ellis Brooks v. Citibank (South Dakota), N.A., from Pulaski Circuit. Appellant's pro se motion to file typewritten brief and for brief time. Motion to file typewritten brief granted. Motion for brief time moot.
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. Denied.
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. Granted. Neal, J., not participating.
CA98-799. Patricia Baker v. Cheyenne Industries, from Workers' Compensation Commission. Appellee's motion to file a belated brief. Granted.
CA98-800. Garry Metcalf v. Texarkana Public Schools, from Miller Circuit. Appellant's motion to certify to the Supreme Court. Denied.
CA98-803. John Warren v. Texarkana Public Schools, from Miller Circuit. Appellant's motion to certify to the Supreme Court. Denied.
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. Granted. Record deemed corrected.
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. Remanded to the trial court to settle the record within thirty days. Appellant's abstract and brief due within sixty days.
E98-226. Kenneth D. Hanger v. Director et al., from Board of Review. Motion for belated appeal. Denied.
CACR97-1544. Howard Hipp v. State of Arkansas, from Ashley Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees.
CACR98-68. Christopher James Black v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.
CACR98-121. Raymond Ralph Nelson v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees.
CACR98-185. John L. Mann v. State of Arkansas, from Drew Circuit. Motion of G.B. "Bing" Colvin III for attorney's fees.
CACR98-474. Curtis Wayne Moss v. State of Arkansas, from Poinsett Circuit. Appellant's motion to file a belated reply brief.
CACR98-495. Martha Watts v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to dismiss appeal and for brief time.
CA98-20. Ballenger Paving Company, Inc. v. Tommy Johnson, Administrator of the Estate of Roy Lee Pruett, Deceased, et al., from Saline Circuit. Motion of separate appellee, Lillian Bastedo, to dismiss appeal of separate appellee, Tommy Johnson, Administrator, and appellee, John Ralph Pouland.
CA98-20. Ballenger Paving Company, Inc. v. Tommy Johnson, Administrator of the Estate of Roy Lee Pruett, Deceased, et al., from Saline Circuit. Argued orally.
CA98-116. Catherine Parker et al. v. Frazer's, Inc. d/b/a Frazer's Funeral Home et al., from Bradley Circuit. Argued orally.
CACR98-90. James Barry Cox v. State of Arkansas, from Columbia Circuit.
CACR98-208. Helen M. Johnson v. State of Arkansas, from Garland Circuit.
CACR98-259. Stephen Pascale v. State of Arkansas, from Faulkner Circuit.
CACR98-287. Henry Ray Richardson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CACR98-304. Edwin G. Diehl v. State of Arkansas, from Pulaski Circuit, First Division.
CACR98-363. Kevin V. Taylor v. State of Arkansas, from Crittenden Circuit.
CACR98-390. Adina Logan a/k/a Williams v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CACR98-413. Roy Lynn Collins v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CA97-1433. Venita T. Young v. S & M Foods, Inc., from Pulaski Circuit, Sixth Division.
CA97-1562. Drew Malone; Raines III v. First Nationwide Mortgage Corporation et al., from Pulaski Chancery, Sixth Division.
CA98-131. Larry McLaughlin et al. v. Samuel M. Sicard et ux., from Sebastian Chancery, Greenwood District.
CA98-215. Roselyn K. Hutto v. Clarence Burnett, from Pulaski Chancery, Sixth Division.
CA98-292. Kenny Gifford v. Buildings, Inc., from Workers' Compensation Commission.
CA98-322. Virginia Baker v. Pulaski County Special School District, from Workers' Compensation Commission.
CA98-364. Rita J. Roach v. Brown Jordon Company, from Workers' Compensation Commission.
CA98-366. Sharon Teague v. Wal-Mart Stores, from Workers' Compensation Commission.
CA98-372. Prentice O'Guinn (Deceased) v. Georgia-Pacific Corporation, from Workers' Compensation Commission.
CA98-376. TEC v. Michelle Underwood, from Workers' Compensation Commission.
CA98-384. Roy Rich v. Phycor of Fort Smith, from Workers' Compensation Commission.
CA98-420. Missy T. Jones v. Arkadelphia Public Schools, from Workers' Compensation Commission.
CA98-430. Robbie Lee Dean v. Alan White Company, from Workers' Compensation Commission.
The following cases are appeals from the Arkansas Board of Review.
E97-262. Otis Block v. Director et al.
E98-127. Rosemary Schreiber v. Director et al.
E98-128. Quonya L. Brazil v. Director et al.
E98-129. Angela C. Lloyd v. Director et al.
E98-131. Southern Pavers, Inc. v. Director et al.
E98-132. Robert Peternell v. Director et al.
E98-133. Lawrence E. White v. Director et al.
E98-134. Robert Webb v. Director et al.
E98-136. Melvin Pride v. Director et al.
E98-137. Steven Smith v. Director et al.
E98-138. Carlette R. Brown v. Director et al.
E98-139. Mark Jones v. Director et al.
E98-140. Rhodis L. Smith v. Director et al.