Supreme Court

Proceedings of the Arkansas Supreme Court - June 18, 2009 ARKANSAS SUPREME COURT Opinions delivered June 18, 2009 Click here for today's opinions JIM HANNAH, CHIEF JUSTICE: 08-1490. Quapaw Care & Rehabilitation v. Arkansas Health Services Permit Commission, from Pulaski Circuit, Fifth Division. Appeal Dismissed. PUBLISHED DONALD L. CORBIN, JUSTICE: CR08-1309. Larry Franklin Wickham v. State of Arkansas, from Marion Circuit. Affirmed. PUBLISHED 09-73. Brenda Bryant Osborn, Opal M. Garfi, Altha P. Hickman, Norma Sexton, Linda Bliss, Rita Gilliam, Gene Bryant, Billy Ray Bryant, and Beverly Beeman v. Billy Bryant, Betty Hamby, Norma Knight, Mabel Kimberling, and Dortha M. Whitener, from Jackson Circuit. Circuit Court Reversed and Remanded; Court of Appeals Affirmed. PUBLISHED ROBERT L. BROWN, JUSTICE: 08-1220. Arkansas Game and Fish Commission v. Ben Eddings, Harold Smith, Newton County Judge, from Newton Circuit. Reversed and Remanded. Corbin and Wills, JJ., concur. PUBLISHED JIM GUNTER, JUSTICE: 08-1200. Dorothy and Robert Greenwood as Personal Representatives of the Estate of Michael Anderson, a Minor Deceased v. Clifford Anderson, Jr., from Lawrence Circuit. Affirmed. PUBLISHED 09-46. Seiz Company, d/b/a Seiz Sign Company v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Ninth Division. Affirmed. Hannah, C.J., dissents. Imber, J., not participating. PUBLISHED PER CURIAM OPINIONS: CR08-950. Jeffery D. Morgan v. State of Arkansas, from Miller Circuit. Affirmed. UNPUBLISHED 08-940. Billy J. Henson v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. UNPUBLISHED PER CURIAM ORDERS REHEARING DENIED: Petition for rehearing was denied today in the following case. file:///C|/Syllabus/Syllabus20090618.htm[12/20/2011 11:35:31 AM]

Proceedings of the Arkansas Supreme Court - June 18, 2009 CR08-1331. John William "Bill" Seamster, Jr. v. State of Arkansas, from Crawford Circuit. ***************************** REVIEW DENIED: Petition for review was denied today in the following case. 09-180. Dale Shouse v. Carolyn Hegwood, from Benton Circuit. ***************************** 09-535. Michelle Henson v. Arkansas Department of Human Services, from Yell Circuit, Northern District. Motion to seal the record as confidential is granted. CR08-1331. John William "Bill" Seamster, Jr. v. State of Arkansas, from Crawford Circuit. Petition to allow appellant to remain free on bond pending petition for certiorari to the United States Supreme Court is denied without prejudice. CR08-1331. John William "Bill" Seamster, Jr. v. State of Arkansas, from Crawford Circuit. Motion to withdraw as counsel of record is granted; motion for appointment of counsel is denied. CR09-412. Richard Brown v. State of Arkansas, from Saline Circuit. Entry of appearance of Tona M. DeMers for the appellant is noted; granted forty-day brief extension. 08-1273. Jean Hetman v. Anna Marie Schwade, from Carroll Circuit, Western District. Appellant's motion for taxation of costs is granted. 09-552. Doyle Marshall v. Karl P. Sandberg, M.D., from Yell Circuit, Northern District. Appellee's motion to dismiss appeal and for costs is granted. 09-553. Chubb Lloyds Insurance Company of Texas et al. v. Miller County Circuit Court, Honorable Kirk Johnson, Circuit Judge, from Miller Circuit. Application for temporary relief is denied. 09-564. Travis Chatten v. Jessica Blair, from Cleburne Circuit. Petition for leave to proceed in forma pauperis. Appeal dismissed; motion moot. See per curiam this date. PUBLISHED 09-569. Bethany Myers v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellant's record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. 09-571. Carlos Parrish et al. v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellants’ record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. 09-572. Richard Ondrisek et al. v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellants’ record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. 09-579. Albert Krantz et al. v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellants’ record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., file:///C|/Syllabus/Syllabus20090618.htm[12/20/2011 11:35:31 AM]

Proceedings of the Arkansas Supreme Court - June 18, 2009 Corbin, and Imber, JJ., would deny without prejudice. 09-580. Brian Broderick v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellant's record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. 09-581. Alfonzo Reid, Sr. v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellant's record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. 09-583. Don Thorne v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellant's record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. 09-584. Greg Seago v. Arkansas Department of Human Services, from Miller Circuit. Motion for extension of time to file appellant’s record. Motion treated as writ of certiorari and granted forty-day extension. Hannah, C.J., Corbin, and Imber, JJ., would deny without prejudice. CR84-54. Timothy Ellis McDaniel v. State of Arkansas, from Garland Circuit. Pro se motion for reconsideration of denial of petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motion denied. See per curiam this date. Gunter, J., not participating. UNPUBLISHED CR08-1130. Jessie Hill v. State of Arkansas, from Ouachita Circuit. Pro se motion to arrest judgment, to alter or amend judgment, to vacate or set aside judgment and discharge appellant, for rehearing and for recusal by the court. Motion treated as motion for reconsideration of dismissal of appeal and denied. See per curiam this date. UNPUBLISHED CR08-1437. Jessie Earl Hill, III v. State of Arkansas, from Grant Circuit. Pro se motion for reconsideration, to vacate or set aside judgment and to dismiss. Motion treated as motion for reconsideration of dismissal of appeal and denied. See per curiam this date. UNPUBLISHED CR09-134. Charles Derrick Keller v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for reconsideration of denial of rule on clerk. Motion denied. See per curiam this date. UNPUBLISHED CR09-356. Jerome M. Meraz v. Honorable Kent Crow, Circuit Judge, from Carroll Circuit, Eastern District. Pro se motion for rule on clerk to file petition for writ of mandamus without certified record. Motion denied. See per curiam this date. UNPUBLISHED 09-423. Frank Watts II v. Larry Norris, Director, Arkansas Department of Correction, and Mark Cashion, Warden, Delta Regional Unit, from Chicot Circuit. Pro se motion for belated appeal. Motion treated as motion for rule on clerk and denied. See per curiam this date. UNPUBLISHED MOTIONS SUBMITTED PETITIONS FOR REHEARING: 08-649. Doris Nelson v. William Scott Stubblefield, M.D. et al., from Craighead Circuit, Western District. 08-916. Travis Lumber Company v. Joe Richard Deichman, from Yell Circuit, Northern District. 08-1199. Western Sizzlin Corporation et al. v. Parks Land Company, LLLP et al., from Pulaski Circuit, Fifth Division. file:///C|/Syllabus/Syllabus20090618.htm[12/20/2011 11:35:31 AM]

Proceedings of the Arkansas Supreme Court - June 18, 2009 ***************************** PETITIONS FOR REVIEW: CR09-415. Richard Reed v. State of Arkansas, from Saline Circuit. CR09-510. Johnny Warner v. State of Arkansas, from Miller Circuit. 09-183. A.G. "Bud" Martin, Jr. v. Guy Bobo et ux., from Hempstead Circuit. 09-189. Benji Davis v. Wal-Mart Associates, Inc. et al., from Workers' Compensation Commission. 09-218. L&W Janitorial, Inc. et al. v. Pearline Williams, from Workers’ Compensation Commission. 09-259. Nicholas Dugan et ux. v. American National Property & Casualty Co., from Sebastian Circuit, Greenwood District. 09-294. Keith E. Irons v. Arkansas Department of Finance and Administration, from Desha Circuit, Arkansas City District. 09-296. Reving Broussard et al. v. Guy Jones, from Faulkner Circuit. 09-521. B. M. S. v. State of Arkansas, from Lonoke Circuit. ***************************** CR02-811. Rickey D. Newman v. State of Arkansas, from Crawford Circuit. Pro se motion for mental health hearing. CR02-811. Rickey D. Newman v. State of Arkansas, from Crawford Circuit. Pro se motion to withdraw certain pro se motions. CR08-1493. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to correct supplemented record on appeal and for seven-day stay following correction of record for filing of appellant's substituted opening brief. CR09-370. Antonio Daniels v. State of Arkansas, from Drew Circuit. Resubmission of motion for rule on clerk. CR09-591. Gregory Bernard Brown v. State of Arkansas, from Pulaski Circuit, Second Division. Motion for rule on clerk. CR09-624. David Tyson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to substitute copies of exhibits for originals. CA08-1383. PH, LLC v. City of Conway, Arkansas, from Faulkner Circuit. Appellant’s motion to transfer to the Arkansas Supreme Court. 08-916. Travis Lumber Company v. Joe Richard Deichman, from Yell Circuit, Northern District. Notice of remittitur. 09-145. Kuntrell Jackson v. Larry Norris, Director, Department of Correction, from Jefferson Circuit. Appellant's file:///C|/Syllabus/Syllabus20090618.htm[12/20/2011 11:35:31 AM]

Proceedings of the Arkansas Supreme Court - June 18, 2009 motion to stay proceedings pending decision by the United States Supreme Court. 09-276. Anna Geiger et al. v. Hipp Lumber & Hardware et al., from Cleburne Circuit. Appellant's motion for rehearing on motion for rule on clerk. 09-555; 09-556; 09-559 and 09-560. Stark Ligon, Executive Director, Office of Professional Conduct v. Frank David Rees, Arkansas Bar No. 79238, an Original Action. Motion to consolidate appeals and for other relief. 09-587. Foremost Insurance Company et al. v. Miller County Circuit Court, from Miller Circuit. Petitioners' application for temporary relief. 09-588. Ralph Bozeman v. JoAnn Bozeman Labate, from Garland Circuit. Motion for rule on clerk. 09-595. Stephen Jackson v. Cathy Jackson, from Pulaski Circuit, Sixteenth Division. Motion for rule on clerk. 09-605. Bail Bond Financing, Inc. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for rule on clerk. 09-660. Edward Jones v. Honorable Raymond C. Kilgore, Circuit Judge, from Pulaski Circuit, Thirteenth Division. Motion requesting to proceed in forma pauperis. SUBMISSIONS CR08-1035. Glen Homer Shelton, Jr. v. State of Arkansas, from Jefferson Circuit. Argued orally. 07-1305. Paul Barre v. Charles "Chick" Hoffman et al., from Pulaski Circuit, Sixteenth Division. Argued orally. CR08-1353. Billy Terrell Adams v. State of Arkansas, from White Circuit. CR08-1402. Ricky Earl White v. State of Arkansas, from Pulaski Circuit, Seventh Division. CR08-1502. Eric Wayne Kelley v. State of Arkansas, from Pulaski Circuit, Second Division. 09-443. Arkansas Judicial Discipline and Disability Commission v. Honorable L.T. Simes, Circuit Judge, an Original Action. file:///C|/Syllabus/Syllabus20090618.htm[12/20/2011 11:35:31 AM]