Allen v. State (Roaf, J.) CACR98-178
Evidence -- Battery; evidence insufficient to sustain conviction; evidence sufficient to sustain conviction for second- degree assault; conviction modified to lesser-included offense. [HTML, WP5.1]

Davies v. State (Bird, J.) CACR98-513
Appeal & error -- Verdict sought by appellant returned by jury; appellant had no cause for compliant. [HTML, WP5.1]

Fryer v. Boyett (Pittman, J.) CA98-236
Contracts -- Reasonable construction allowed appellee to receive commissions after termination of representation; circuit court's decision affirmed. [HTML, WP5.1]

Hill v. State (Neal, J.) CACR98-26
Constitutional law -- Right to confront witnesses; pretrial confession on one defendant implicating another not admissible unless confessing defendant waives Fifth Amendment. [HTML, WP5.1]

Johnson v. Jones (Stroud, J.) CA98-57
Easements -- Prescriptive easement established by use of driveway; chancellor's decision not clearly erroneous. [HTML, WP5.1]

Jordan v. Jerry D. Sweetser, Inc. (Roaf, J.) CA98-40
Negligence -- Alleged variation did not cause accident; no evidence that traffic-control barrels caused accident; record devoid of evidence that any incident would have put appellee on notice of inadequacy of warning devices; trial court did not err in granting directed verdict. [HTML, WP5.1]

Medlin v. Wal-Mart Stores, Inc. (Rogers, J.) CA98-345
Workers' compensation -- Commission misapplied law; case reversed and remanded. [HTML, WP5.1]

Washington Reg'l Med. Ctr. v. Director (Neal, J.) E97-160
Unemployment compensation -- Misconduct; appellee's inability to pass certification examination did not amount to. [HTML, WP5.1]

Weeks v. State (Robbins, C.J.) CACR98-358
Automobiles -- DWI; substantial evidence of intoxication presented. [HTML, WP5.1]

Blocker v. Thomas, CA 98-267 (Robbins, C.J.), affirmed November 4, 1998.

Baker v. State, CA CR 98-231 (Rogers, J.), affirmed November 4, 1998.

Century Tube Corp. v. Jasper, CA 98-252 (Arey, J.), reversed and remanded November 4, 1998.

Chambers v. Hughes Ins. Agency, Inc., CA 97-1372 (Rogers, J.), affirmed November 4, 1998.

E.A. Kubisty v. Gray, CA 98-1246 (Per Curiam), Appellants' Pro Se Motion for Stay of Judgment and Accelerated Proceedings granted November 4, 1998.

Fields v. State CA CR 98-180 (Roaf, J.), affirmed November 4, 1998.

Flinn v. Director, E 97-280 (Stroud, J.), affirmed November 4, 1998.

Franco v. North Ark. Poultry & Helmsman Management Servs., CA 98- 388 (Stroud, J.), affirmed November 4, 1998.

Hutto v. Burnett, CA 98-215 (Bird, J.), affirmed November 4, 1998.

Nickles v. Caldwell, CA 98-346 (Rogers, J.), dismissed November 4, 1998.

Phillips v. Syroco, Inc., CA 98-175 (Crabtree, J.), affirmed November 4, 1998

Richardson v. State, CA CR 98-287 (Griffen, J.), affirmed November 4, 1998.

Riverside Furniture Corp. v. Director, E 97-236 (Bird, J.), affirmed November 4, 1998.

Stevenson v. James River Corp., CA 98-476 (Roaf, J.), affirmed November 4, 1998.

Thomas v. State, CA CR 98-335 (Jennings, J.), affirmed November 4, 1998.

Wilson v. Eagle Seed Co., CA 98-565 (Jennings, J.), affirmed November 4, 1998.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR98-358. Nicki Ray Weeks v. State of Arkansas, from Baxter Circuit. Affirmed. Stroud and Meads, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]

CA98-267. James and Lynn Blocker v. H.W. Thomas, from Chicot Chancery. Affirmed. Stroud and Meads, JJ., agree. (6 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CA98-236. Don K. Fryer, Don K. Fryer & Associates, and CISCO v. Guy Boyett, from Faulkner Circuit. Affirmed. Bird and Griffen, JJ., agree. (5 PAGES PUBLISHED) [HTML, WP5.1]

D. FRANKLIN AREY, III, JUDGE:

CA98-252. Century Tube Corporation v. Earl Jasper, from Workersț Compensation Commission. Reversed and Remanded. Pittman and Jennings, JJ., agree. (3 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR98-335. Kevin Thomas v. State of Arkansas, from Hot Spring Circuit. Affirmed. Rogers and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

CA98-565. Tim Wilson v. Eagle Seed Company, from Workersț Compensation Commission. Affirmed. Rogers and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR98-513. Johnny Davies, Jr. v. State of Arkansas, from Garland Circuit. Affirmed. Pittman and Griffen, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CA98-215. Roselyn K. Hutto v. Clarence Burnett, from Pulaski Chancery, Sixth Division. Affirmed. Robbins, C.J., and Rogers, J., agree. (7 PAGES UNPUBLISHED)

E97-236. Riverside Furniture Corporation v. Director, Employment Security Department and Marvin J. English, from Board of Review. Affirmed. Pittman and Griffen, JJ., agree. (6 PAGES UNPUBLISHED)

JUDITH ROGERS, JUDGE:

CA97-1372. Clara Sue Bates Chambers v. Hughes Insurance Agency, Inc., from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED)

CACR98-231. Sam Baker and Lisa Baker v. State of Arkansas, from Pope Circuit. Affirmed. Robbins, C.J., and Bird, J., agree. (5 PAGES UNPUBLISHED)

CA98-345. Gayle Medlin v. Wal-Mart Stores, Inc., from Workersț Compensation Commission. Reversed and Remanded. Jennings and Crabtree, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]

CA98-346. Donna Beth Caldwell Nickles v. Max Alan Caldwell, from Cross Chancery. Dismissed. Jennings and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CA98-57. Anthony Johnson et al. v. Danny K. Jones and Connie S. Jones, from Saline Chancery. Affirmed in Part; Remanded in Part. Neal, Meads, and Roaf, JJ., agree. Griffen and Crabtree, JJ., dissent. (8 PAGES + 5 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CA98-388. Cecilia Franco v. North Arkansas Poultry and Helmsman Management Services, from Workersț Compensation Commission. Affirmed. Robbins, C.J., and Meads, J., agree. (5 PAGES UNPUBLISHED)

E97-280. Pauline Flinn v. Director, Employment Security Department and White River Medical Center, from Board of Review. Affirmed. Robbins, C.J., and Meads, J., agree. (3 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-26. Steven Earl Hill v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Arey and Roaf, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

E97-160. Washington Regional Medical Center v. Director, Employment Security Department and Debbie L. Hamilton, from Board of Review. Affirmed. Pittman, Arey, Rogers, and Griffen, JJ., agree. Crabtree, J., dissents. (5 PAGES + 4 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

WENDELL L. GRIFFEN, JUDGE:

CACR98-287. Henry Ray Richardson v. State of Arkansas, from Pulaski Circuit. Affirmed. Stroud and Neal, JJ., agree. (6 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CA98-175. Richard Phillips v. Syroco, Inc., from Workersț Compensation Commission. Affirmed. Jennings and Rogers, JJ., agree. (4 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CACR98-178. Derrick L. Allen v. State of Arkansas, from Pulaski Circuit. Affirmed as Modified. Jennings, Stroud, and Meads, JJ., agree. Robbins, C.J., and Bird, J., dissent. (6 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

CACR98-180. Charles Fields v. State of Arkansas, from Garland Circuit. Affirmed. Arey and Neal, JJ., agree. (3 PAGES UNPUBLISHED)

CA98-40. Paul Craig Jordan v. Jerry D. Sweetser, Inc., from Washington Circuit. Affirmed. Arey and Neal, JJ., agree. (8 PAGES PUBLISHED) [HTML, WP5.1]

CA98-476. Bobby Stevenson v. James River Corporation, from Workersț Compensation Commission. Affirmed. Arey and Neal, JJ., agree. (5 PAGES UNPUBLISHED)

CACR97-1279. Larry Nixon v. State of Arkansas, from Jefferson Circuit. Motion of Maxie G. Kizer for attorney's fees. Granted. Allowed $750.00.

CACR97-1529. Patrick Brown v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees. Granted. Allowed $800.00.

CACR98-26. Steven Hill v. State of Arkansas, from Mississippi Circuit. Motion of John H. Bradley for attorney's fees. Granted. Allowed $800.00.

CACR98-208. Helen M. Johnson v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR98-234. Ibn Kamal Islam v. State of Arkansas, from Sebastian Circuit. Motion of Coy J. Rush, Jr. for attorney's fees. Granted. Allowed $850.00.

CACR98-363. Kevin V. Taylor v. State of Arkansas, from Crittenden Circuit. Motion of Bart Ziegenhorn for attorney's fees. Granted. Allowed $750.00.

CACR98-456. Robert E. Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record. Remanded to the trial court to settle the record within thirty days. Substituted appellant's brief due thirty days after record is settled.

CACR98-459. Dennis Burrell v. State of Arkansas, from Hot Spring Circuit. Appellant's motion to expedite. Granted.

CACR98-658. Ricky Ashley v. State of Arkansas, from Lincoln Circuit. Appellant's pro se motion to file a belated reply brief. Denied. Roaf, J., would grant fourteen days.

CACR98-709. Frank Edward Wheeler v. State of Arkansas, from Sebastian Circuit. Appellant's motion for brief time. Granted.

CA98-1. Ross Glover et ux. v. Woodhaven Homes, Inc., from Pulaski Chancery, Sixth Division. Appellants' motion for costs. Moot. Costs taxed in mandate.

CA98-674. Gerald T. Mitchell et ux. v. Gary David Knuckles et ux., from Bradley Chancery. Appellants' motion for brief time. Granted.

CA98-733. Ida Mae Henry v. Gary Cross d/b/a Cross Construction Company et al., from Miller Chancery. Appellees' petition for writ of certiorari to complete the record and for brief time. Granted.

CA98-850. Boatmen's Arkansas, Inc. v. Jim G. Farmer, III, from Pulaski Circuit. Appellant's motion to request oral argument. Granted. Neal and Griffen, JJ., not participating.

CA98-1090. Vincent Maxwell v. State of Arkansas Child Support Enforcement Unit (Josetta) Halton, from Jefferson Chancery. Appellant's motion to supplement the record and for brief time. Denied. Appellant granted thirty days additional brief time.

CA98-1161. Wanna Anderson v. Arkansas Department of Human Services, Child Care Facilities Review Board, from Pulaski Circuit, Fifth Division. Appellee's motion to vacate stay. Granted.

CA98-1246. E.A. Kubisty et al. v. Roger Gray, from Pulaski Chancery, Sixth Division. Appellants' pro se motion for stay of judgment and accelerated proceedings. Granted. See per curiam this date. (2 PAGES UNPUBLISHED)

CA98-1246. E.A. Kubisty et al. v. Roger Gray, from Pulaski Chancery, Sixth Division. Appellee's motion to dismiss appeal. Denied. See per curiam this date.

PETITIONS FOR REHEARING:

CA97-1403. Minnesota Mining & Manufacturing and Old Republic Insurance Company v. Theodore Baker, from Workers' Compensation Commission.

CA98-181. Jim Gibson v. Jim Herring d/b/a The Gem Shop, from Pulaski Circuit, Third Division.

CACR97-1574. William Caswell v. State of Arkansas, from Columbia Circuit. Motion of Ben Seay for attorney's fees.

CACR98-268. Stacy Allen Johnison v. State of Arkansas, from Pulaski Circuit. Motion of William M. Brown for attorney's fees.

CACR98-326. Eric Lamar Briggs v. State of Arkansas, from Cleveland Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR98-576. Michael F. McReynolds v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees.

CACR98-945. Drew Malone Raines III v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se petition for writ of mandamus.

CA98-721. Larry McHolan v. Shirley D. McHolan (Campbell), from Pulaski Chancery, Sixth Division. Appellant's motion to correct the record.

CA98-239. Doyce Winningham et al. v. Tim Harris et al., from Conway Chancery. Argued orally.

CA98-347. Timothy Quinlan v. Dorothy Cumberland, from Columbia Circuit. Argued orally.

CA98-511. Williams Machine & Fabrication, Inc. v. McKnight Plywood, Inc., from Phillips Circuit. Argued orally.

CACR97-1344. Androus Hall v. State of Arkansas, from Phillips Circuit.

CACR97-1454. Ronald Newby v. State of Arkansas, from Perry Circuit.

CACR98-271. James Adams v. State of Arkansas, from Pulaski Circuit, First Division.

CACR98-278. Percy M. Guynn v. State of Arkansas, from Pulaski Circuit, First Division.

CACR98-310. Kelvin Freeman v. State of Arkansas, from Jefferson Circuit.

CACR98-448. Jimmy Stephen Taylor v. State of Arkansas, from Washington Circuit.

CACR98-472. Harold Stivers v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CACR98-559. Martin Skarda v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CACR98-576. Michael F. McReynolds v. State of Arkansas, from Grant Circuit.

CA98-137. Gary Shook v. Loava Pendley et al., from Benton Probate.

CA98-312. Edith M. Huffman et ux. v. Robert E. Alderson, from Washington Circuit.

CA98-398. Arkansas Department of Human Services v. Reuben Southerland, from Jefferson Chancery.

CA98-431. Judy Moore v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CA98-446. Lela K. Phelps v. USLife Credit Life Insurance Company, from Sebastian Chancery, Greenwood District.

CA98-525. David V. Beliew v. Stuttgart Rice Mill, from Workers' Compensation Commission.

CA98-584. James M. Oats v. Cooper Tire & Rubber Company, from Workers' Compensation Commission.

CA98-642. Trailmobile, Inc. v. Wendell Bell, from Workers' Compensation Commission.

CA98-671. Candy Slaughter v. Stephen Stilley, from Benton Chancery.

The following cases are appeals from the Arkansas Board of Review.

E98-4. Bobby N. Bellah v. Director et al.

E98-9. Chris D. Ralston v. Director et al.

E98-20. Kaedon Steinert v. Director et al.

E98-166. Susan Forte v. Director et al.

E98-167. Helen Aldridge v. Director et al.

E98-168. Clayton D. Burks v. Director et al.

E98-169. Bruce Connelley v. Director et al.

E98-170. Eda M. Segalla v. Director et al.

E98-171. Mary Gail Goff v. Director et al.

E98-173. James D. Hedge v. Director et al.

E98-174. Gloria D. Perkins v. Director et al.

E98-175. Adelle L. Mead v. Director et al.

E98-176. Avery H. Newberry v. Director et al.

E98-177. Ramona D. Matthews v. Director et al.

E98-179. Michael A. Null v. Director et al.