ARKANSAS SUPREME COURT

Proceedings of
September 2, 2004


MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit.

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division.

03-864. Nucor Corporation and Systems Contracting Corporation v. Marty Kilman, Mike Evans and Betty Evans, from White Circuit. (Nucor)

03-864. Nucor Corporation and Systems Contracting Corporation v. Marty Kilman, Mike Evans and Betty Evans, from White Circuit. (Systems Contracting)

03-878. Samuel A. Perroni v. State of Arkansas, from Pulaski Circuit, Sixth Division.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division.

03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit.

04-11. James Lee Speights, Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. (Stewart Title )

04-11. James Lee Speights, Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. (Chicago Title)

04-267. Michael D. Lenser et al. v. Honorable Mary Spencer McGowan, Judge, from Pulaski Circuit, Ninth Division.

04-515. Arkansas Department of Human Services v. Honorable Linda Collier, Judge, from Van Buren Circuit.

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PETITIONS FOR REVIEW:

 CR04-606. Tereginald Wallace v. State of Arkansas, from Pulaski Circuit, First Division.

CR04-686. Marvin G. Jefferson v. State of Arkansas, from Monroe Circuit.

CR04-763. Dewayne DeFoure v. State of Arkansas, from White Circuit.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit.

04-545. Guy Dixon, Deceased v. The Salvation Army, from Workers' Compensation Commission.

04-595. Maggie Young v. The Gastro-Intestinal Center, Inc. et al., from Pulaski Circuit, Second Division.

04-605. Ross Brashears v. American International South Insurance Company, from Benton Circuit.

04-650. Arkansas Department of Human Services v. Vickie Mays, from Sebastian Circuit, Fort Smith District.

04-656. Lamar Outdoor Advertising v. Arkansas Highway and Transportation Department, from Pulaski Circuit, Second Division.

04-657. Consumer Utilities Rate Advocacy Division of the Attorney General's Office v. Arkansas Public Service Commission et al., from Arkansas Public Service Commission.

04-682. Kirby Arbaugh v. AG Processing, Inc. and Speciality Risk Services, from Workers' Compensation Commission.

04-687. Steven Harbour v. Amber Harbour, from Union Circuit.

04-698. Gordon L. Gibson v. Connie Gibson, from Pulaski Circuit, Twelfth Division.

04-707. Lonnie Acuff v. Superior Wheels, from Workers' Compensation Commission.

04-711. Nationwide Mutual Insurance Company v. Shery Garner et al., from Washington Circuit.

04-712. Terry and Sandy Anderson v. Wendy and Jimmy Mitts, from Lawrence Circuit.

04-770. Carey and Patsy Wyatt v. Arkansas Game and Fish Commission, from Newton Circuit.

04-772. Joe I. Strack v. Capital Services Group, Inc., from Pulaski Circuit, Third Division.

04-779. Mid-South Adjustment Company, Inc. v. The Estate of Shanna Nicole Harris, Deceased, from Ouachita Circuit.

04-780. Frankie Cobbs v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District.

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CR90-126. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Motion to recall the mandate, or alternatively, for a writ of error coram nobis.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion to file belated reply brief.

CR03-539. Billy Welch v. State of Arkansas, from Dallas Circuit. Appellant's motion to file belated reply brief.

CR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion for extension of brief time.

CR03-696. John Earl Patrick v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to supplement the record.

CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Motion on behalf of Charles Waldman for rehearing.

CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Objection on behalf of Charles Waldman to Special Master's findings of fact.

CACR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Motion on behalf of Charles Waldman to set briefing schedule.

CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit. Appellee's motion to supplement the record and to amend the state's petition for rehearing.

CACR04-262. Western Title & Investment Company v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to certify to Supreme Court.

CR04-431. Roderic T. Randolph v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR04-551. Lytrone Dajuan Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CR04-608. Lyndon C. Mayall v. State of Arkansas, from Cleveland Circuit. Appellee's motion to dismiss appeal.

CR04-679. Barry Fairow v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk.

CR04-683. Donald V. Saul v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record.

CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Motion to be relieved and for appointment of counsel.

CR04-719. Jim McDonald v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant's motion to stay brief time.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Pro se motion for belated appeal.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Motion to be relieved as counsel.

CR04-759. Billie Baxter v. State of Arkansas, from Clark Circuit. Motion for belated appeal.

CR04-768. Andre Crawford v. State of Arkansas, from Phillips Circuit. Motion for rule on clerk.

CR04-776. Keith Wiggins v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for consolidation, to supplement the record, for rule on clerk, or for belated appeal.

CR04-807. Brian Pierre Rhodes v. State of Arkansas, from Hempstead Circuit. Motion for rule on clerk.

CR04-817. Wayne Bowker v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record.

CR04-833. Daron Barnett v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for rule on clerk.

CR04-840. Milton Morris v. State of Arkansas, from Sevier Circuit. Motion for rule on clerk.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Request for a ruling on pending motion for attorney fees before mandate issues.

02-1328. Michael Anthony Price v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Respondent-appellant's motion and amended motion to strike arguments 5 and 6 of petitioner-appellee's brief.

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Appellant's motion to extend stay of the mandate.

03-864. Nucor Corporation et al. v. Marty Kilman et al., from White Circuit. Motion of the Arkansas State Chamber of Commerce and the Associated Industries of Arkansas, Inc. to file amicus curiae brief in support of Nucor Corporation's petition for rehearing.

03-1137. James F. (J.F.) Valley v. Phillips County Election Commission, from Phillips Circuit. Appellant's motion for order setting briefing schedule.

03-1283. In the Matter of the Adoption of SCD, a Minor, from Polk Circuit. Motion of the Arkansas Adoption Association to file amicus curiae brief in support of petition for rehearing.

04-11. James Lee Speights, Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. Motion of the Arkansas State Chamber of Commerce, Inc., and the Associated Industries of Arkansas, Inc. to file an amici curiae brief in support of defendants'/appellees' petition for rehearing.

04-11. James Lee Speights Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. Motion on behalf of the Product Liability Advisory Council to file amicus curiae brief in support of appellees'/respondents' petition for rehearing.

04-44. Valerie Bright v. Steven S. Zega et al., from Washington Circuit. Appellees' motion for costs.

04-69. Debra Bayless et al. v. Bruce Beck et al., from Jefferson Circuit. Joint motion to dismiss appeal.

04-69. Debra Bayless et al. v. Bruce Beck et al., from Jefferson Circuit. Appellee's motion for extension of time to file brief.

04-69. Debra Bayless et al. v. Bruce Beck et al., from Jefferson Circuit. Joint motion for extension of brief time.

04-136. Shipley, Inc. et al. v. Fletcher Long, Jr. et al., an Original Action. Petitioners' motion for continuance of oral argument.

CA04-174. Waste Management of Arkansas, Inc. v. Roll Off Service, Inc. et al., from Washington Circuit. Appellant's motion to transfer to the Supreme Court.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Appellants' motion for extension of brief time.

04-215. FMC Corporation, Inc. et al. v. Roy Helton et al., from Phillips Circuit. Motion of appellees' Donald Wilkinson and Keith Wilkinson to dismiss cross-appeal and to remand.

04-273. Arkansas Tobacco Control Board v. Santa Fe Natural Tobacco Company, from Pulaski Circuit, Seventeenth Division. Appellee's motion to amend brief.

04-279. Alltel Corporation et al. v. Paul Sumner et al., from Lonoke Circuit. Appellees' motion to withdraw motion to supplement record.

04-461. Co Q. Mac et al. v. Richard Weiss, Director, Arkansas Department of Financeand Administration, from Independence Circuit. Motion to amend appellee's brief.

04-485. David Harris v. City of Fort Smith, Arkansas et al., from Sebastian Circuit, Fort Smith District. Motion on behalf of the Arkansas Press Association to file amicus curiae brief.

04-485. David Harris v. City of Fort Smith, Arkansas et al., from Sebastian Circuit, Fort Smith District. Appellant's motion for extension of time to file brief.

CA04-539. Terry Potocki v. St. Edwards Hospital, from Workers' Compensation Commission. Appellant's motion to certify to the Supreme Court.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Appellants' motion to file reply to appellees' response to motion to file amicus curiae brief.

04-646. National Enterprises, Inc. et al. v. Donald D. Kessler et al., from Garland Circuit. Motion of American Resort Development Association to file amicus curiae brief in support of appellants.

04-647. Bobby Smith v. Great Lakes Chemical Corporation, from Workers' Compensation Commission. Appellant's motion to remand.

04-661. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct v. Larry G. Dunklin, from Committee on Professional Conduct. Petition for disbarment.

04-720. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion to remand jurisdiction to the circuit court, or alternatively, stay of briefing schedule.

04-722. Jabree Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for belated appeal.

04-734. Ouachita Railroad, Inc. v. Circuit Court of Union County, Arkansas, Second Division, from Union Circuit. Petition for writ of prohibition.

04-747. U. S. Billboard, Inc. v. Arkansas Highway and Transportation Department, from Washington Circuit. Motion for rule on clerk.

04-762. Howard Larry v. Grady School District, from Lincoln Circuit. Motion for rule on clerk.

04-766. Michael D. Huckabee v. Jack Kearney, Chairman, Arkansas Ethics Commission et al., from Pulaski Circuit, Sixth Division. Joint motion to dismiss appeal and cross-appeal.

04-766. Michael D. Huckabee v. Jack Kearney, Chairman, Arkansas Ethics Commission et al., from Pulaski Circuit, Sixth Division. Appellant's motion to suspend briefing schedule.

04-792. Deana Morgan v. Alan Anthony Wiseley, from Benton Circuit. Motion for rule on clerk.

04-816. Capitol Healthcare, PLLC v. Boen Enterprises, LLC, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

04-818. John Rose et al. v. Arkansas State Plant Board et al., from Pulaski Circuit, Third Division. Appellants' motion to correct the record.

04-824. Brad Byers v. Madelyn K. Frazier, from Faulkner Circuit. Motion for rule on clerk.

04-828. Iris L. Brooks v. Board of Certified Court Reporter Examiners et al., an Original Action. Request for certification.

04-850. Douglas William Cosmos v. Arkansas Alumni Association, Inc., from Washington Circuit. Petition for writ of certiorari to complete the record.

04-880. Lee Huff v. Lucious Arter, from Lee Circuit. Pro se motion to proceed in forma pauperis.

04-885. Robbyn Tumey v. Charlie Daniels, Secretary of State et al., from Pulaski Circuit, Sixth Division. Petition for expedited appeal.