ARKANSAS COURT OF APPEALS
ADVANCE REPORTS
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IN THIS ISSUE
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59 Ark. App.

Opinions delivered
October 8, 1997


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Bousquet v. State (Rogers, J.) CACR92-89
Jury -- Batson challenge; race-neutral explanations; trial court's findings not clearly against preponderance of evidence; discriminatory intent; appellate court rejected appellant's contention that State's reasons were pretextual. [ASCII, WP5.1]

Cook v. State (Robbins, C.J.) CACR96-1507
Criminal procedure -- Trial counsel's representation does not continue after conviction; no error in appointing counsel to represent appellant at revocation hearing. [ASCII, WP5.1]

Hollowell v. State (Jennings, J.) CACR97-67
Constitutional law -- Jury selection; Batson doctrine clearly extended; purposeful gender discrimination in exercise of peremptory challenges prohibited; no abuse of discretion in determining appellant had discriminatory intent. [ASCII, WP5.1]

Moore v. Taylor Sales, Inc. (Pittman, J.) CA96-1225
Judgment -- Default judgment set aside; appellant suffered no harm from any procedural irregularity; trial court did not abuse discretion in granting default judgment to appellee. [ASCII, WP5.1]

Stewart v. First Commercial Bank (Bird, J.) CA96-1498
Property -- Title to land vested in appellant; appellee failed to prove right to quiet title; chancellor's finding clearly erroneous. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Atchison v. State, CA CR 96-1521 (Bird, J.), affirmed October 8, 1997.

Conrow v. Yother, CA 96-1489 (Crabtree, J.), affirmed October 8, 1997.

Cotroneo v. Carti, CA 97-182 (Roaf, J.), affirmed October 8, 1997.

Estep v. State, CA CR 97-141 (Neal, J.), affirmed October 8, 1997.

Goodwin v. Fayetteville Hilton, CA 97-255 (Arey, J.), reversed and remanded October 8, 1997.

Jimerson v. State, CA CR 97-40 (Griffen, J.), affirmed October 8, 1997.

Lee v. State, CA CR 97-206 (Meads, J.), affirmed October 8, 1997.

Martin v. Martin, CA 97-2 (Stroud, J.), affirmed October 8, 1997.

Mills v. Henderson, CA 97-169 (Arey, J.), affirmed October 8, 1997.

Norful v. State, CA CR 97-181 (Crabtree, J.), affirmed in part; modified in part; and remanded for resentencing October 8, 1997.

Pasley v. Giles, CA 96-1446 (Robbins, C.J.), affirmed October 8, 1997.

Posey v. State, CA CR 96-861 (Griffen, J.), affirmed October 8, 1997.

Profit v. State, CA CR 96-740 (Pittman, J.), affirmed October 8, 1997.

Vasquez v. State, CA CR 96-1550 (Rogers, J.), affirmed October 8, 1997.

Washington v. State, CA CR 97-80 (Stroud, J.), affirmed October 8, 1997.

Williams v. Williams, CA 96-1463 (Griffen, J.), affirmed October 8, 1997.

CASES AFFIRMED WITHOUT OPINION

Estes v. Director of Labor, E 96-206, October 8, 1997.
Hogue v. Director of Labor, E 96-209, October 8, 1997.
Jones v. Director of Labor, E 96-217, October 8, 1997.
Lacina v. Director of Labor, E 96-225, October 8, 1997.
Mosley v. Director of Labor, E 96-220, October 8, 1997.
Ross v. Director of Labor, E 96-215, October 8, 1997.
Taylor v. Director of Labor, E 96-212, October 8, 1997.
Tillman v. Director of Labor, E 96-207, October 8, 1997.
Virco Mfg. Corp. v. Director of Labor, E 96-213, October 8, 1997.
Wallace v. Director of Labor, E 96-228, October 8, 1997.
Zachary v. Director of Labor, E 96-208, October 8, 1997.

PER CURIAM ORDERS

REHEARING DENIED: Petition for Rehearing was denied today in the following case.

CA97-37. Harold Ives Trucking Company v. Clifford Ray Freeman, from Workers' Compensation Commission.

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CACR97-799. Darius Kelly Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Bruce D. Eddy to be relieved as counsel for appellant and for appointment of new counsel. Denied.

CACR97-885. James Larry Poe v. State of Arkansas, from Washington Circuit. Appellant's motion for bail pending appeal. Denied.

CA97-5. Rebekah Priest v. United Parcel Service, from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs. Granted. Griffen, J., would deny.

CA97-246. Jerold Lee Weaver v. City of Eureka Springs, from Carroll Circuit, Western District. Appellee's motion to file a belated supplemental record. Granted.

CA97-618. Service Chevrolet et al. v. Douglas Atwood, from Workers' Compensation Commission. Appellee's motion to supplement the record. Denied.

CA97-666. Terry Dwayne Smith v. Brenda Ann Smith, from Benton Chancery. Appellee's motion to dismiss appeal. Denied.

CA97-768. Michael Clark v. Sharon Clark, from Independence Chancery. Appellant's pro se motion to supplement the record. Denied.

CA97-950. Central Arkansas Telephone Cooperative, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Appellants' motion to shorten briefing schedule and for expedited oral argument. Denied. Pittman, Bird, Rogers, Neal, Griffen and Roaf, JJ., not participating.

CA97-1023. Thomas Carol Stocks v. Judith Ann (Stocks) Troxell, from Faulkner Chancery. Appellee's motion to dismiss appeal. Denied. Arey, J., not participating.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CA96-1009. Robert Lawrence Lee et al. v. Hot Springs Village Golf Schools, from Garland Circuit.

CA97-118. Harp's Food Stores, Inc. v. Geneva Darnell, from Workers' Compensation Commission.

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CACR96-1541. Kirk Luster v. State of Arkansas, from Clark Circuit. Motion of Alvin Schay for attorney's fees.

CACR97-191 and CACR97-192. Sherry Marie Hale and Kevin Wayne Hale v. State of Arkansas, from White Circuit. Motion of John Wesley Hall, Jr. to be substituted as counsel for appellants and motion to consolidate appeals.

CACR97-1084. Rebecca A. Thomas v. State of Arkansas, from Madison Circuit. Motion of Marshall N. Carlisle to be relieved as counsel for appellant and for appointment of Chester A. Baugus as counsel and for brief time.

CA96-1449. Byron McKimmey et al. v. Randall Fielder et al., from Faulkner Chancery. Appellants' petition to correct brief.

CA97-780. State of Arkansas, Office of Child Support Enforcement v. Paul J. Will, from Carroll Chancery, Eastern District. Appellant's motion to supplement and correct the record and to stay brief time.

SUBMISSIONS

CA97-235. Tom Clark et al. v. Marie Howell Turner et al., from Conway Circuit. Argued orally.

CACR96-1227. David Ramsey III v. State of Arkansas, from Sebastian Circuit.

CACR96-1341. Lonezo Peete, Jr. and Cynthia Ann Peete v. State of Arkansas, from Mississippi Circuit.

CACR96-1421. Carlos T. Deere v. State of Arkansas, from St. Francis Circuit.

CACR97-81. Essie Page v. State of Arkansas, from Clark Circuit.

CACR97-125. Tyrone Chavel Ward v. State of Arkansas, from Desha Circuit.

CACR97-315. Jerrard Lamont Palmer v. State of Arkansas, from Sebastian Circuit.

CACR97-327. Harry L. Cole v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CA96-1123. Glenn Russell v. Roger Breedlove, from Saline Chancery.

CA96-1249. Luise Lockhart v. Lodgings Inc., from Workers' Compensation Commission.

CA96-1297. Donald Davis v. Oak Forest Cleaners, from Workers' Compensation Commission.

CA96-1430. Charles David Reynolds v. Osage Products Inc., from Workers' Compensation Commission.

CA97-7. Leonard Ellingburg v. Arkansas Highway Department, from Workers' Compensation Commission.

CA97-116. Office of Child Support Enforcement v. William R. Morphis, from St. Francis Chancery.

CA97-156. Phillip Petrus et al. v. The Nature Conservancy et al., from Prairie Chancery, Southern District.

CA97-186. James David McGill v. State of Arkansas, from Washington Chancery, Juvenile Division.

CA97-219. Frank Quinn (Deceased) v. Webb Wheel Products, from Workers' Compensation Commission.

CA97-230. Gary Goforth v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Third Division.

CA97-289. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission.

CA97-339. Djuane Thompson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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

E96-142. Conway Human Development Center v. Director et al.

E96-219. Beth A. Whitten v. Director et al.

E96-242. Chester L. Chatman v. Director et al.

E96-243. John M. Baxter v. Director et al.

E96-244. Jerome Montgomery v. Director et al.

E96-251. Debbie L. Findlay v. Director et al.

E96-254. Nugene Bell v. Director et al.

E96-258. Velma Lewis v. Director et al.

E96-261. Susan L. Prophet v. Director et al.

E96-262. Carl D. Shomper v. Director et al.

E96-264. Carl Tolbert v. Director et al.

E96-265. Jerry Halsell v. Director et al.

E96-267. Debbie H. Wright v. Director et al.

E96-271. Sharon R. Smith-Oshinski v. Director et al.

E96-272. Shirley J. Hoskins v. Director et al.