Opinions delivered
November 18, 1998
Steinert v. Director (Stroud, J.) E98-20
Employment security -- Board's conclusion
reasonable; appellants' business constituted employment that was
subject to payment of unemployment-insurance taxes.
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Stivers v. State (Robbins, C.J.) CACR98-472
Evidence -- Circumstances sufficiently established
that appellant was in control of vehicle when intoxicated; fifth-
offense DWI affirmed and modified.
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Ward v. State (Pittman, J.) CACR98-374
Motions -- Substantial evidence supported finding
that stolen weapons were firearms within meaning of statute; motion
for directed verdict properly denied.
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Williams v. Prostaff Temporaries (Griffen, J.) CA97-1418
Workers' compensation -- Substantial basis for
Commission's decision that appellant did not prove causal
relationship between claims and earlier compensable injury.
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Adams v. State, CA CR 98-271 (Roaf, J.), affirmed November 18, 1998.
Bellah v. Director, E 98-4 (Robbins, C.J.), affirmed November 18, 1998.
Collins v. State, CA CR 98-413 (Pittman, J.), affirmed November 18, 1998.
Fortson v. State, CA CR 98-247 (Arey, J.), affirmed November 18, 1998.
Freeman v. State, CA CR 98-310 (Crabtree, J.), affirmed November 18, 1998.
Hall v. State, CA CR 97-1344 (Crabtree, J.), affirmed November 18, 1998.
Harris v. Callaway, CA 98-152 (Griffen, J.), affirmed November 18, 1998.
Lee v. State, CA CR 98-520 (Arey, J.), affirmed November 18, 1998.
McReynolds v. State, CA CR 98-576 (Rogers, J.), affirmed November 18, 1998.
Moore v. State, CA 98-431 (Roaf, J.), affirmed November 18, 1998.
Newby v. State, CA CR 97-1454 (Meads, J.), affirmed November 18, 1998.
Oats v. Cooper Tire & Rubber Co., CA 98-584 (Neal, J.), affirmed November 18, 1998.
Parker v. Frazer's, Inc., CA 98-116 (Pittman, J.), affirmed November 18, 1998.
Quinlan v. Cumberland, CA 98-347 (Griffen, J.), affirmed November 18, 1998.
Ralston v. Director, E 98-9 (Rogers, J.), affirmed November 18, 1998.
Reid v. State, CA CR 98-759 (Per Curiam), Motion of William C. McArthur to be Appointed as Counsel for Appellant, granted November 18, 1998.
Skarda v. State, CA CR 98-559 (Bird, J.), affirmed November 18, 1998.
Slaughter v. Stilley, CA 98-671 (Stroud, J.), affirmed November 18, 1998.
Thiel v. Director, E 98-3 (Rogers, J.), affirmed November 18, 1998.
Aldridge v. Director of Labor, E 98-167, November 18, 1998.
Burks v. Director of Labor, E 98-168, November 18, 1998.
Connelley v. Director of Labor, E 98-169, November 18, 1998.
Forte v. Director of Labor, E 98-166, November 18, 1998.
Goff v. Director of Labor, E 98-171, November 18, 1998.
Hedge v. Director of Labor, E 98-173, November 18, 1998.
Matthews v. Director of Labor, E 98-177, November 18, 1998.
Mead v. Director of Labor, E 98-175, November 18, 1998.
Newberry v. Director of Labor, E 98-176, November 18, 1998.
Null v. Director of Labor, E 98-179, November 18, 1998.
Perkins v. Director of Labor, E 98-174, November 18, 1998.
Segalla v. Director of Labor, E 98-170, November 18, 1998.
JOHN B. ROBBINS, CHIEF JUDGE:
CACR98-472. Harold Stivers v. State of Arkansas, from Pulaski Circuit, Fifth Division. Modified and Affirmed in Part; Reversed in Part. Stroud and Meads, JJ., agree. (7 PAGES PUBLISHED) [HTML, WP5.1]
E98-4. Bobby N. Bellah v. Director, Employment Security Department and Aycock Auto World, Inc., from Board of Review. Affirmed. Stroud and Meads, JJ., agree. (5 PAGES UNPUBLISHED)
JOHN MAUZY PITTMAN, JUDGE:
CACR98-374. Danny Lee Ward v. State of Arkansas, from Garland Circuit. Affirmed. Arey and Jennings, JJ., agree. (3 PAGES PUBLISHED) [HTML, WP5.1]
CACR98-413. Roy Lynn Collins v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Arey and Jennings, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-116. Catherine Parker et al. v. Frazerþs, Inc., from Bradley Circuit. Affirmed. Arey and Jennings, JJ., agree. (5 PAGES UNPUBLISHED)
D. FRANKLIN AREY, III, JUDGE:
CACR98-247. Steven Ron Fortson v. State of Arkansas, from Pulaski Circuit. Affirmed. Neal and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)
CACR98-520. Mark Stanley Lee v. State of Arkansas, from Clark Circuit. Affirmed. Neal and Roaf, JJ., agree. (4 PAGES UNPUBLISHED)
SAM BIRD, JUDGE:
CACR98-559. Martin Skarda v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Pittman and Griffen, JJ., agree. (7 PAGES UNPUBLISHED)
JUDITH ROGERS, JUDGE:
CACR98-576. Michael F. McReynolds v. State of Arkansas, from Grant Circuit. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)
E98-3. Christina Thiel v. Director, Employment Security Department, from Board of Review. Affirmed. Neal and Roaf, JJ., agree. (2 PAGES UNPUBLISHED)
E98-9. Chris D. Ralston v. Director, Employment Security Department and City of Horseshoe Bend, from Board of Review. Affirmed. Jennings and Crabtree, JJ., agree. (4 PAGES UNPUBLISHED)
JOHN F. STROUD, JR., JUDGE:
CA98-671. Candy Slaughter v. Stephen Stilley, from Benton Chancery, Juvenile Division. Affirmed. Robbins, C.J., and Meads, J., agree. (4 PAGES UNPUBLISHED)
E98-20. Kaedon Steinert and Hurricane Express v. Director, Employment Security Department, from Board of Review. Affirmed. Robbins, C.J., and Meads, J., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]
OLLY NEAL, JUDGE:
CA98-584. James M. Oats v. Cooper Tire & Rubber Company, from Workersþ Compensation Commission. Affirmed. Stroud and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)
WENDELL L. GRIFFEN, JUDGE:
CA97-1418. Michelle Williams v. Prostaff Temporaries, from Workersþ Compensation Commission. Affirmed. Rogers, Crabtree, and Meads, JJ., agree. Pittman and Arey, JJ., dissent. (4 PAGES + 4 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
CA98-152. Lucy Callaway Harris and Mildred Harris v. E.J. Callaway, III, Administrator, from Lincoln Chancery. Affirmed. Stroud and Neal, JJ., agree. (4 PAGES UNPUBLISHED)
CA98-347. Timothy Quinlan v. Dorothy Cumberland, from Columbia Circuit. Affirmed. Pittman and Bird, JJ., agree. (5 PAGES UNPUBLISHED)
TERRY CRABTREE, JUDGE:
CACR97-1344. Androus Hall v. State of Arkansas, from Phillips Circuit. Affirmed. Jennings and Rogers, JJ., agree. (3 PAGES UNPUBLISHED)
CACR98-310. Kelvin Freeman v. State of Arkansas, from Jefferson Circuit. Affirmed. Neal and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)
MARGARET MEADS, JUDGE:
CACR97-1454. Ronald Newby v. State of Arkansas, from Perry Circuit. Affirmed. Robbins, C.J., and Stroud, J., agree. (3 PAGES UNPUBLISHED)
ANDREE LAYTON ROAF, JUDGE:
CACR98-271. James Adams v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins, C.J., and Neal, J. agree. (8 PAGES UNPUBLISHED)
CA98-431. Judy Moore v. State of Arkansas, from Sebastian Circuit. Affirmed. Neal and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
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.
REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA97-1433. Venita T. Young v. S&M Food, Inc., from Pulaski Circuit, Sixth Division.
CA97-1562. Drew Malone Raines III v. First Nationwide Mortgage Corporation and Margaret Davenport, Trustee, from Pulaski Chancery, Sixth Division.
CACR97-1270. Thomas McSparrin v. State of Arkansas, from Faulkner Circuit. Motion of Lynn Frank Plemmons for attorney's fees. Denied.
CACR98-213. John Hecker v. State of Arkansas, from Pulaski Circuit. Motion of Lea Ellen Fowler for attorney's fees. Granted. Allowed $700.00.
CACR98-426. David McGrew v. State of Arkansas, from Mississippi Circuit. Appellee's motion to set briefing schedule or, in the alternative, to file a belated brief. Granted. Clerk to set briefing schedule.
CACR98-540. Jimmy Lee Rogers v. State of Arkansas, from Montgomery Circuit. Appellee's motion to dismiss appeal. Denied.
CACR98-540. Jimmy Lee Rogers v. State of Arkansas, from Montgomery Circuit. Appellant's motion to file a belated brief. Granted.
CACR98-576. Michael F. McReynolds v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $750.00.
CACR98-613. Jon David Browning v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal and for brief time. Certified to the Supreme Court. Crabtree and Roaf, JJ., would not certify.
CACR98-735. Curtis Bouttier v. State of Arkansas, from White Circuit. Appellee's motion to dismiss appeal. Granted.
CACR98-759. J.C. Reid, Jr. v. State of Arkansas, from White Circuit. Motion of William C. McArthur to be appointed as counsel for appellant. Granted. Crabtree, J., concurs. See opinion this date. (2 PAGE CONCURRING OPINION UNPUBLISHED)
CACR98-899. James Randy Mathis v. State of Arkansas, from Greene Circuit. Appellant's motion to file a belated reply brief. Granted.
CACR98-1065. Gary Oldnette v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal. Granted.
CACR98-1079. Ricky S. Maier v. State of Arkansas, from Pulaski Circuit. Appellant's pro se motion for appointment of counsel and motion for brief time. Motion for appointment of counsel denied. Motion for brief time granted. Allowed forty-five days.
A98-392. Phico Insurance Company v. Mary Frances Shirley, Individually and as Executrix of the Estate of Charles Shirley, from Crittenden Circuit. Appellant's motion to file a belated reply brief. Granted.
CACR98-307. Joseph Michael Piazza v. State of Arkansas, from Washington Circuit. Argued orally.
CA98-12. Timothy O. Dudley v. Bobbie Jean Dudley, from Pulaski Chancery, Sixth Division. Argued orally.
CA98-204. Lynn Simonetti Newman et al. v. Marie B. McCaskill et al., from Crittenden Chancery. Argued orally.
CACR97-778. Willie Earl Henry v. State of Arkansas, from Phillips Circuit.
CACR98-160. Shawn Watkins v. State of Arkansas, from Crittenden Circuit.
CACR98-183. Bienuenido Crespo v. State of Arkansas, from Pulaski Circuit, Sixth Division.
CACR98-306. Kenneth Lee Royal v. State of Arkansas, from Sevier Circuit.
CACR98-368. Robert Charles Oliver v. State of Arkansas, from Pulaski Circuit, Second Division.
CACR98-379. Jermaine Thomas v. State of Arkansas, from Pulaski Circuit, First Division.
CACR98-474. Curtis Wayne Moss v. State of Arkansas, from Poinsett Circuit.
CACR98-573. Ahmad Eid v. State of Arkansas, from Pulaski Circuit, Second Division.
CA98-60. Tri-State Airmotive, Inc. v. Spartan Fleet Management, from Van Buren Circuit.
CA98-154. Charles L. Brunette et al. v. Gene Buck et al., from Izard Chancery.
CA98-163. Eddie S. Scroggins et al. v. Linda L. Crosby, from Pulaski Circuit, Sixth Division.
CA98-313. Edward John Mikus III v. Marie Mikus, from Sebastian Chancery, Greenwood District.
CA98-352. Prunty Bail Bonds v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CA98-481. Dorothy Bess Waddell et al. v. Randall Harrison et al., from Union Chancery.
CA98-532. Office of Child Support Enforcement v. Sandra L. (Fry) Eagle, from Lawrence Chancery.
CA98-534. D.L. Patrick et al. v. Emily Farmer et al., from Sebastian Circuit, Fort Smith District.
CA98-548. American Stitchco, Inc. v. Lenola Hendrix, from Searcy Circuit.
CA98-558. Vince Gentuso Jr. v. Billy Charles Jones, from Workers' Compensation Commission.
CA98-580. Pamela G. Sorrells Stover v. John C. Sorrells, from Ouachita Circuit.
CA98-587. Debra Wilson v. Amfuel, from Workers' Compensation Commission.
CA98-667. R.H. Bussell v. Georgia Pacific Corporation, from Workers' Compensation Commission.