Arkansas Dep't of Human Servs. v. Strickland CA97-1217
Appeal & error -- Appeal by nonparty; appellant not pecuniarily affected by trial court's order; appeal dismissed. [HTML, WP5.1]

Breedlove v. State (Griffen, J.) CACR97-1053
Trial -- Mistrial; handcuffed defendant; appellant failed to demonstrate prejudice. [HTML, WP5.1]

Eckhardt v. Willis Shaw Express, Inc. (Roaf, J.) CA97-1543
Workers' compensation -- Commission erred in relying on NCCI guidelines; case reversed and remanded for recalculation of benefits.Notice: The original opinion was replaced with a substituted opinion on rehearing on August 26, 1998. [HTML, WP5.1]

Bailey v. State, CA CR 97-1341 (Meads, J.), affirmed June 17, 1998.

Blackstone v. Everett, CA 97-992 (Jennings, J.), affirmed June 17, 1998.

Bridger v. Rowbotham, CA 97-1193 (Crabtree, J.), affirmed June 17, 1998.

Calvert v. State, CA CR 97-1508 (Griffen, J.), affirmed; attorney's petition to withdraw granted June 17, 1998.

Colvin v. State, CA CR 97-1353 (Pittman, J.), affirmed June 17, 1998.

Davis v. Davis, CA 97-736 (Jennings, J.), affirmed as modified; reversed in part; and affirmed on cross-appeal June 17, 1998.

Hamilton v. State, CA CR 97-1503 (Rogers, J.), affirmed June 17, 1998.

Hudson Foods, Inc. v. Coker Bldg. Co., Inc., CA 97-1141 (Neal, J.), reversed and remanded June 17, 1998.

Hutchins Greenhouse & Nursery, Inc. v. Vaughn, CA 97-1274 (Pittman, J.), appeal dismissed June 17, 1998.

J.C. Penney Co. v. Risner, CA 97-1527 (Crabtree, J.), affirmed in part; reversed and remanded in part June 17, 1998.

Johnson v. State, CA CR 97-1480 (Robbins, C.J.), affirmed June 17, 1998.

Jones, Anthony Tyrone v. State, CA CR 97-1570 (Stroud, J.), affirmed June 17, 1998.

Merry v. State, CA CR 97-1370 (Arey, J.), affirmed June 17, 1998.

Goings v. State, CA CR 97-1410 (Jennings, J.), affirmed June 17, 1998.

Moorhead v. Faulkner Trucking Co., CA 97-1513 (Jennings, J.), affirmed June 17, 1998.

Neely v. State, CA CR 97-1486 (Bird, J.), affirmed June 17, 1998.

Olles v. Bastion, CA 97-983 (Robbins, C.J.), affirmed June 17, 1998.

Olympus Constr. Co. v. Cullum, CA 97-1247 (Pittman, J.), reversed and remanded June 17, 1998.

Owens v. State, CA CR 97-1349 (Griffen, J.), affirmed June 17, 1998.

Pike v. State, CA CR 98-21 (Neal, J.), affirmed June 17, 1998.

Poole v. Brown, CA 97-1265 (Roaf, J.), affirmed as modified June 17, 1998.

Reams v. State, CA CR 97-1466 (Jennings, J.), affirmed June 17, 1998.

Remley v. State, CA CR 97-1382 (Crabtree, J.), affirmed June 17, 1998.

Seiz Co. v. Seiz, CA 97-1047 (Crabtree, J.), affirmed in part and reversed in part on direct appeal; affirmed on cross appeal June 17, 1998.

Wilson v. State, CA CR 97-1461 (Jennings, J.), reversed and remanded June 17, 1998.

Bader v. Director of Labor, E 96-185, June 17, 1998.

Danaher Tool Group v. Director of Labor, E 98-39, June 17, 1998.

Davis v. Director of Labor, E 96-172, June 17, 1998.

Drayton v. Director of Labor, E 96-105, June 17, 1998.

Fletcher v. Director of Labor, E 96-178, June 17, 1998.

Freeman v. Director of Labor, E 98-46, June 17, 1998.

Lucas v. Director of Labor, E 96-169, June 17, 1998.

Marshall v. Director of Labor, E 98-40, June 17, 1998.

Sayles v. Director of Labor, E 98-45, June 17, 1998.

Wagnon v. Director of Labor, E 98-41, June 17, 1998.

JOHN B. ROBBINS, CHIEF JUDGE:

CACR97-1480. Lee Marre Johnson v. State of Arkansas, from Crittenden Circuit. Affirmed. Pittman and Jennings, JJ. agree. (6 PAGES UNPUBLISHED)

CA97-983. Bobby Olles v. Harlan Bastion, from Faulkner Circuit. Affirmed. Pittman and Jennings, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN MAUZY PITTMAN, JUDGE:

CACR97-1353. James Jess Colvin v. State of Arkansas, from Washington Circuit. Affirmed. Robbins, C.J., and Jennings, J., agree. (4 PAGES UNPUBLISHED)

CA97-1247. Olympus Construction Company v. Randy Cullum, from Workers' Compensation Commission. Reversed and Remanded. Arey and Griffen, JJ., agree. (4 PAGES UNPUBLISHED)

CA97-1274. Hutchins Greenhouse & Nursery, Inc. v. Jo Ann Vaughn, from Workers' Compensation Commission. Appeal Dismissed. Robbins, C.J., and Jennings, J., agree. (3 PAGES UNPUBLISHED)

D. FRANKLIN AREY, III, JUDGE:

CACR97-1370. Robert L. Merry v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Rogers, JJ., agree. (2 PAGES UNPUBLISHED)

JOHN E. JENNINGS, JUDGE:

CACR97-1410. David Shane Goings v. State of Arkansas, from Garland Circuit. Affirmed. Bird and Meads, JJ., agree. (4 PAGES UNPUBLISHED)

CACR97-1461. Richard A. Wilson v. State of Arkansas, from Grant Circuit. Reversed and Remanded. Robbins, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED)

CACR97-1466. Luther Gerald Reams v. State of Arkansas, from Faulkner Circuit. Affirmed. Robbins, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED)

CA97-736. Gary C. Davis v. Lana Davis, from Washington Chancery. Affirmed as Modified; Reversed in Part; and Affirmed on Cross- Appeal. Pittman and Stroud, JJ., agree. (8 PAGES UNPUBLISHED)

CA97-992. David N. Blackstone v. Sarita K. Everett, from Pulaski Chancery. Affirmed. Robbins, C.J., and Pittman, J., agree. (4 PAGES UNPUBLISHED)

CA97-1513. Charles H. Moorhead v. Faulkner Trucking Company et al., from Workers' Compensation Commission. Affirmed. Robbins, C.J., and Pittman, J., agree. (7 PAGES UNPUBLISHED)

SAM BIRD, JUDGE:

CACR97-1486. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Arey and Rogers, JJ., agree. (6 PAGES UNPUBLISHED)

CA97-1217. Arkansas Department of Human Services v. John Strickland, from Miller Chancery. Dismissed. Arey and Rogers, JJ., agree. (4 PAGES PUBLISHED) [HTML, WP5.1]

JUDITH ROGERS, JUDGE:

CACR97-1503. Clyde Dale Hamilton v. State of Arkansas, from St. Francis Circuit. Affirmed. Arey and Bird, JJ., agree. (5 PAGES UNPUBLISHED)

JOHN F. STROUD, JR., JUDGE:

CACR97-1570. Anthony Tyrone Jones v. State of Arkansas, from Crittenden Circuit. Affirmed. Griffen and Crabtree, JJ., agree. (5 PAGES UNPUBLISHED)

OLLY NEAL, JUDGE:

CACR98-21. Earnest Pike v. State of Arkansas, from Washington Circuit. Affirmed. Meads and Roaf, JJ., agree. (3 PAGES UNPUBLISHED)

CA97-1141. Hudson Foods, Inc. v. Coker Building Company, Inc., from Miller Circuit. Reversed and Remanded. Meads and Roaf, JJ., agree. (5 PAGES UNPUBLISHED)

WENDELL L. GRIFFEN, JUDGE:

CACR97-1053. Roy O. Breedlove v. State of Arkansas, from Stone Circuit. Affirmed. Stroud and Crabtree, JJ., agree. (6 PAGES PUBLISHED) [HTML, WP5.1]

CACR97-1349. Ronnie Ray Owens v. State of Arkansas, from Sebastian Circuit. Affirmed. Stroud and Crabtree, JJ., agree. (3 PAGES UNPUBLISHED)

CACR97-1508. George Michael Calvert v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed; Attorney's Petition to Withdraw is Granted. Pittman and Rogers, JJ., agree. (2 PAGES UNPUBLISHED)

TERRY CRABTREE, JUDGE:

CACR97-1382. Daryl Remley v. State of Arkansas, from Drew Circuit. Affirmed. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

CA97-1047. Seiz Company, Caroline Seiz Campbell, and Roxanne Hamilton v. Tyler Seiz, from Garland Chancery. Affirmed in Part and Reversed in Part on Direct Appeal; Affirmed on Cross Appeal. Stroud and Griffen, JJ., agree. (17 PAGES UNPUBLISHED)

CA97-1193. Dave Bridger, Jr. v. Don A. Rowbotham, from Johnson Circuit. Affirmed. Stroud and Griffen, JJ., agree. (2 PAGES UNPUBLISHED)

CA97-1527. J.C. Penney Company v. Rusty Risner, from Workers' Compensation Commission. Affirmed in Part; Reversed and Remanded in Part. Stroud and Griffen, JJ., agree. (5 PAGES UNPUBLISHED)

MARGARET MEADS, JUDGE:

CACR97-1341. Phillip Shawn Bailey v. State of Arkansas, from Clark Circuit. Affirmed. Rogers and Crabtree, JJ., agree. (6 PAGES UNPUBLISHED)

ANDREE LAYTON ROAF, JUDGE:

CA97-1265. Brian Poole v. June Coatney (Poole) Brown, from Columbia Chancery. Affirmed as Modified. Neal and Meads, JJ., agree. (6 PAGES UNPUBLISHED)

CA97-1543. Virgil Eckhardt v. Willis Shaw Express, Inc., from Workers' Compensation Commission. Reversed and Remanded. Neal and Meads, JJ., agree. (9 PAGES PUBLISHED) [HTML, WP5.1]

The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).

E96-105.Freddie M. Drayton v. Director et al.

E96-169.Shelia Lucas v. Director et al.

E96-172.Nancy Davis v. Director et al.

E96-178.Patricia Fletcher v. Director et al.

E96-185.Chester L. Bader v. Director et al.

E98-39.Danaher Tool Group v. Director et al.

E98-40.Marlon D. Marshall v. Director et al.

E98-41.Charles F. Wagnon v. Director et al.

E98-45.Carol D. Sayles v. Director et al.

E98-46.Andy Freeman v. Director et al.

REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.

CACR97-1336. John Kelley v. State of Arkansas, from Grant Circuit.

CA97-1013. Marina, LLC v. Marion Burton, Agent, from Pulaski Chancery, Fifth Division.

CA97-1148. Gerald Fisher v. Dr. Frank Mitchell, Superintendent of Vilonia Public School System et al., from Faulkner Circuit.

CACR97-1024. Angelo Ryan Malady Garcia v. State of Arkansas, from Greene Circuit. Motion of Jon A. Williams for attorney's fees. Granted. Allowed $650.00.

CACR97-1071. Phillip Sharpe v. State of Arkansas, from Independence Circuit. Motion of Keith Watkins for attorney's fees. Granted. Allowed $750.00.

CACR97-1156. Jimmy Ray Hudson v. State of Arkansas, from Desha Circuit. Motion of Thomas D. Deen for attorney's fees. Granted. Allowed $750.00.

CACR97-1255. William A. Gates v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR97-1304. Teral Michael Garrett v. State of Arkansas, from Franklin Circuit. Motion of Craig L. Cook for attorney's fees. Granted. Allowed $750.00.

CACR97-1344. Androus Hall v. State of Arkansas, from Phillips Circuit. Appellant's motion for brief time. Granted.

CACR97-1376. Detric L. Conway v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees. Granted. Allowed $750.00.

CACR97-1461. Richard A. Wilson v. State of Arkansas, from Grant Circuit. Motion of Robert N. Jeffrey for attorney's fees. Granted. Allowed $750.00.

CACR98-187. Toby Patrick Craig v. State of Arkansas, from Nevada Circuit. Appellant's petition for writ of certiorari to complete the record and for brief time. Remanded to trial court to settle the record. Appellant's brief due thirty days after record is settled.

CACR98-201. Karriem Muhammad v. State of Arkansas, from Miller Circuit. Motion of John C. Goodson to be appointed as counsel for appellant. Granted. Stroud, J., not participating.

CACR98-526. Chandra Biggs v. State of Arkansas, from Clark Circuit. Motion of Alan LeVar to be appointed as counsel for appellant. Granted.

CACR98-537. Brian Glenn Findley v. State of Arkansas, from Washington Circuit. Motion of Jason H. Wales and John C. Everett to be substituted as counsel for appellant and to relieve Marianne Hudson as counsel. Granted.

CACR98-570. Cynthia Wiggins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for clarification of appellate attorney status. Granted. Bill Luppen serves as appellant's counsel. Stroud, J., not participating.

CACR98-634. Jesse Lee Farver v. State of Arkansas, from Jefferson Circuit. Motion of Jesse L. Kearney to be relieved as counsel for appellant. Granted.

CA97-1124. Federal Express v. Roger Edwards, from Workers' Compensation Commission. Appellee's motion for attorney's fees. Granted.

CA97-1296. Shelter Mutual Insurance Company v. Faron Tallent et al., from Prairie Circuit. Appellant's motion for costs. Denied. Meads, J., not participating.

CA97-1337. Sharp Chevrolet, Inc. v. Nicole Sharp, from Workers' Compensation Commission. Appellee's motion for attorney's fees. Granted.

CA97-1393. Roberta H. Essex v. Stewart W. Essex, from Arkansas Chancery. Appellee's motion to designate opinion for publication. Denied.

CA97-1430. Western Arkansas Area Agency on Aging v. Goldie Gregg, from Workers' Compensation Commission. Appellee's motion for attorney's fees. Granted.

CA97-1446. Rosalind A. Martin v. Paul E. Martin, from Fulton Chancery. Appellant's motion to reinstate appeal and to set new briefing schedule. Granted.

CA97-1465. Superior Industries v. Mark Walker, from Workers' Compensation Commission. Appellee's motion for attorney's fees and costs. Granted in part. Attorney's fee to be paid one-half by appellant and one-half by appellee.

CA98-138. Tulsi K. Bharodia et al. v. Norman and Linda Pledger, from Pulaski Chancery. Appellants' motion to file an enlarged brief. Granted. Robbins, C.J., Stroud, Neal, Crabtree, and Meads, JJ., would deny. Arey, J., not participating.

CA98-163. Eddie S. Scroggins et ux. v. Linda L. Crosby, from Pulaski Circuit, Sixth Division. Joint motion for certiorari to complete the record and appellee's motion for brief time. Granted. Record deemed supplemented. Appellee's brief due in thirty days.

CA98-170. Mid-South Road Builders, Inc. v. Gerald Norwood, from Pulaski Chancery, Third Division. Motion of Robert F. Morehead to be relieved as counsel for appellee and for brief time. Granted. Appellee's brief due in sixty days.

CA98-175. Richard Phillips v. Syroco, Inc. et al., from Workers' Compensation Commission. Appellant's motion to file a belated brief. Granted.

CA98-230. Jamie Woodard et al. v. Justin Ridenhour et al., from Scott Chancery. Appellants' motion to approve supersedeas bond and for stay of execution. Granted.

CA98-235. Office of Child Support Enforcement v. Edward Cross, from Jefferson Chancery. Appellant's motion to stay an order and to enjoin payments. Granted.

CA98-239. Doyce Winningham et al. v. Tim Harris et ux., from Conway Chancery. Appellees' motion to file a belated brief. Granted. Arey, J., not participating.

CA98-400. Kathryn Ann Myrick v. Richard Dale Myrick, from Garland Chancery. Appellant's motion to file an enlarged brief. Granted.

CA98-437. A-1 Bonding v. State of Arkansas, from Howard Circuit. Appellant's motion to file a belated brief. Granted.

CA98-637, CA98-638, CA98-639 & CA98-640. Aluminum Company of America v. Cecil W. Smith et al., from Workers' Compensation Commission. Appellant's motion to stay briefing schedules. Granted. Bird, J., not participating.

E97-261. Chris Withers v. Director et al., from Board of Review. Appellee's motion to file a belated brief. Granted.

E98-135. Cheryl M. Thornton v. Director et al., from Board of Review. Motion for rule on clerk to lodge Petition for Review. Denied. Griffen, J., would grant.

The following case is dismissed for failure to file briefs.

CA98-246. Herbert English v. Farmers Insurance Group, from Pulaski Circuit, Third Division.

PETITIONS FOR REHEARING:

CACR97-1232. John Alvin Lewis v. State of Arkansas, from Washington Circuit.

CA97-1421. Tyson Foods, Inc. v. Laura Cisneros, from Workers' Compensation Commission.

CACR97-1287. Travis Livingston v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-1375. Ervin Johnson v. State of Arkansas, from Garland Circuit. Motion of Daniel D. Becker for attorney's fees.

CACR97-1429. George Clute and Sabrina Clute v. State of Arkansas, from Conway Circuit. Motion of Michael L. Allison for attorney's fees.

CACR97-1487. Billi Jo Dodson v. State of Arkansas, from Faulkner Circuit. Appellant's motion for bond pending appeal.

CACR98-143. Daron Ray Barnett v. State of Arkansas, from Drew Circuit. Appellant's petition for writ of certiorari to complete the record.

CA97-1269. Terry Jo Chatman v. State of Arkansas, from Stone Probate. Appellant's motion to certify to the Supreme Court.

CA97-1434. Jo Ann Hoffmann a/k/a Jo Ann H. Baker v. Billy W. Baker, from Benton Chancery. Appellant's pro se motion to file a belated brief and motion to file supplemental evidence.

CA97-1457. Home Mutual Fire Insurance Company v. Charles Jones et ux., from Benton Circuit. Joint motion for stay pending appeal and approval of supersedeas bond.

CA98-205. Sheila E. Robinson v. Linda Winston, from Phillips Probate. Appellee's motion to file a belated brief.

CA98-312. Edith M. Huffman et al. v. Robert E. Alderson, from Washington Circuit. Motion of amicus curiae to dismiss appeal.

CA98-359. Robert Quirrels v. BRI, Inc. et al., from Workers' Compensation Commission. Appellee's motion to dismiss appeal.

CA98-416. Nancy Lynch v. Boatmen's Bank, from Pulaski Circuit. Appellant's motion to file a belated brief.

CA98-660. Armond Johnson v. James Arthur, M.D. et al., from Garland Circuit. Appellant's motion to dismiss appeal as to St. Joseph's Regional Health Center only.

CA98-661. Cecil B. Lane et ux. v. James Arthur, M.D. et al., from Garland Circuit. Appellants' motion to dismiss appeal as to St. Joseph's Regional Health Center only.

CA98-662. James Dunlap et ux. v. James Arthur, M.D. et al., from Garland Circuit. Appellants' motion to dismiss appeal as to St. Joseph's Regional Health Center only.

CA98-694. Larry Watson v. General Medical Corporation, from Workers' Compensation Commission. Appellee's motion to dismiss appeal.