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 UNPUBLISHED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 UNPUBLISHED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.
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Proceedings of the Arkansas Supreme Court - June 18, 2009
CR08-1331. John William "Bill" Seamster, Jr. v. State of Arkansas, from Crawford Circuit.
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REVIEW DENIED: Petition for review was denied today in the following case.
09-180. Dale Shouse v. Carolyn Hegwood, from Benton Circuit.
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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.,
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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.
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Proceedings of the Arkansas Supreme Court - June 18, 2009
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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.
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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
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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.
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