Proceedings of the Arkansas Supreme Court - May 14, 2009
ARKANSAS SUPREME COURT
Opinions delivered
May 14, 2009
Click here for today's opinions
JIM HANNAH, CHIEF JUSTICE:
CR08-523.
Joseph
Sherman
v.
State
of
Arkansas,
from
Mississippi
Circuit,
Chickasawba
District.
Affirmed.
PUBLISHED
08-611. Russ Skallerup and Beauford E. Myers, Individually and o/b/o a class of similarly situated persons, Burchwood
Bay Sewer Improvement District and Carpenter Dam-Catherine Heights Sewer Improvement District v. City of Hot
Springs, Arkansas and Honorable Mike Bush, Mayor of Hot Springs, Arkansas, in his official capacity, from Garland
Circuit. Court of Appeals Reversed; Circuit Court Affirmed. PUBLISHED
JIM GUNTER, JUSTICE:
08-1199. Western Sizzlin Corporation and Western Sizzlin of Little Rock, Inc. v. Parks Land Company, LLLP and
Parks Management Corporation, from Pulaski Circuit, Fifth Division. Reversed and Remanded. PUBLISHED
PER CURIAM OPINION:
CR08-475. Wilson McCrackin v. State of Arkansas, from Ashley Circuit. Affirmed. UNPUBLISHED
PER CURIAM ORDERS
REVIEW GRANTED: Petition for review was granted today in the following case.
09-308. Daryl Guffy v. Kim Billings Counts & Office of Child Support Enforcement, from Washington Circuit.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR09-219. Rickey Strain v. State of Arkansas, from Jefferson Circuit.
CR09-330. Bobby Weatherford v. State of Arkansas, from Faulkner Circuit.
09-204. Dorothy Jean Rice et al. v. Duncan Ragsdale, from St. Francis Circuit.
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Proceedings of the Arkansas Supreme Court - May 14, 2009
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CR08-356. Robert Lee Williams a/k/a R.J. Williams v. State of Arkansas, from Nevada Circuit. Rebriefing ordered. See
per curiam this date. Gunter, J., not participating. PUBLISHED
CR08-770. Cristobal Mancia v. State of Arkansas, from Benton Circuit. Order issued. See per curiam this date.
PUBLISHED
CR08-770. Cristobal Mancia v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal is denied;
appellant's motion to file belated brief is granted.
CR08-770. Cristobal Mancia v. State of Arkansas, from Benton Circuit. Pro se motion for dismissal and appointment
of counsel is denied.
CR09-390. Jeffery Moss v. State of Arkansas, from Perry Circuit. Motion for leave to proceed in forma pauperis and for
appointment of counsel; motion for belated appeal. Motions granted. See per curiam this date. PUBLISHED
08-1031. Arkansas Department of Correction v. Frank Williams, Jr., from Pulaski Circuit, Sixth Division. Appellant's
motion to dismiss lawsuit. Passed until case submitted. Special Justice Stuart Jackson joins. Wills, J., not participating.
08-1031. Arkansas Department of Correction v. Frank Williams, Jr., from Pulaski Circuit, Sixth Division. Motion for
supplemental briefing. Motion granted. See per curiam this date. Special Justice Stuart Jackson joins. Wills, J., not
participating. PUBLISHED
09-404. In Re: F. Scott Straub, Arkansas Bar No. 98019, from Supreme Court Committee on Professional Conduct.
Motion and amended motion to reciprocally disbar; respondent's motion for stay pending appeal. Motion to stay
granted; remanded to Arkansas Supreme Court Committee on Professional Conduct. See per curiam this date.
PUBLISHED
09-404. In Re: F. Scott Straub, Arkansas Bar No. 98019, from Supreme Court Committee on Professional Conduct.
Petition for writ of mandamus is denied without prejudice; motion for evidentiary hearing on petition to reciprocally
disbar is denied. See per curiam issued this date.
CR09-265.
Vance
B.
Rollins
v.
State
of
Arkansas,
from
Perry
Circuit.
Appellee's
motion
for permission to file
supplemental brief is granted.
08-1089. Bernice McWhorter v. Gene McWhorter, from Phillips Circuit. Appellant's motion to include supplemental
abstract in reply brief and for extension of brief time is denied.
CA08-1405. Charles V. Grassi, Sr. v. James W. Hyden and Hyden, Miron & Foster, P.L.L.C., from Pulaski Circuit,
Third Division. Appellees’ motion to reassign to the Arkansas Supreme Court is denied.
08-1496. Marcovous L. Williams v. Director et al., from Board of Review. Appellant's motion for reconsideration is
denied.
09-68. Don Clayton Cooksey v. Supreme Court Committee on Professional Conduct, an Original Action. Appellee's
motion to dismiss appeal is granted.
CR08-160. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to file
motion to relieve counsel under seal is denied.
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Proceedings of the Arkansas Supreme Court - May 14, 2009
CR08-160. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's pro se motion to relieve
counsel is denied.
09-443. Judicial Discipline and Disability Commission v. L.T. Simes, Circuit Judge, an Original Action. Motion for
extension of time to file brief and to supplement the record; granted. Motion to suspend with pay; denied. See per
curiam this date. Wills, J., not participating. PUBLISHED
CR08-1164. Christopher Lee Dunn v. State of Arkansas, from Grant Circuit. Pro se motion for reconsideration of
dismissal of appeal. Motion denied. See per curiam this date. UNPUBLISHED
CR09-101. Marion Alfred Lovell, II v. State of Arkansas, from Saline Circuit. Pro se motions for appointment of
counsel and for brief time. Appeal dismissed; motions moot. See per curiam this date. UNPUBLISHED
CR09-124. Joe Francis Rounsaville v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee State's motion to
dismiss appeal. Motion granted; appeal dismissed. See per curiam this date. UNPUBLISHED
CR09-129. Undra Williams v. State of Arkansas, from Saline Circuit. Appellee State's motions to dismiss appeal or for
extension of brief time. Motion to dismiss appeal granted; appeal dismissed; motion for brief time moot. See per
curiam this date. UNPUBLISHED
CR09-286. Arthur E. Dickerson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for
appeal
by
permission.
Motion
treated
as
motion
for
rule
on
clerk
and denied. See
per
curiam
this
date.
UNPUBLISHED
CR09-379. Mark Holsombach v. Honorable David Reynolds, Circuit Judge, from Van Buren Circuit. Pro se petition for
writ of mandamus. Petition moot. See per curiam this date. UNPUBLISHED
08-433. Karon D. Trotter, Jr. and $31,130 v. State of Arkansas, from Drew Circuit. Pro se motion for reconsideration
of denial of motion to supplement record. Motion denied. See per curiam this date. UNPUBLISHED
09-268.
James
Nelson
v.
State
of
Arkansas,
from
Jefferson
Circuit.
Pro
se
motions
for
belated appeal and for
appointment of counsel. Motion for belated appeal denied; motion for appointment of counsel moot. See per curiam
this date. UNPUBLISHED
In Re: Appointments to the Committee on Professional Conduct. See per curiam this date. PUBLISHED
Phillip D. Hout of Newport, attorney member of Panel A for the First Confressional District, has
submitted
to
the
Court
his
resignation
from
the
Committee
on
Professional
Conduct, effective
immediately. The Court expresses its gratitude to Mr. Hout for his dedicated and faithful service to the
Committee since 2002.
Thomas Benton Smith, Jr. of Jonesboro, attorney member of Panel D for the First Congressional
District, is hereby appointed to serve as the attorney member of Panel A for the First Congressional
District. This term is effective immediately and will expire on December 31, 2014.
Attorney Laura E. Partlow of Marion is hereby appointed to replace Mr. Smith as the attorney member
of Panel D for the First Congressional District. This term is effective immediately and will expire on
December 31, 2014.
The Court expresses its appreciation to Mr. Smith and Ms. Partlow for their willingness to serve in
these positions for the Committee on Professional Conduct.
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Proceedings of the Arkansas Supreme Court - May 14, 2009
In Re: Arkansas Supreme Court Committee on Security and Emergency Preparedness. See per curiam this date.
PUBLISHED
We designate Honorable Hamilton Singleton, Circuit Judge, 13th Judicial Circuit, a current member of
the Arkansas Supreme Court Committee on Security and Emergency Preparedness, to succeed Judge
Jim Hudson as the Chair of the Committee. We thank Judge Singleton for accepting this important
position.
We briefly note here Judge Hudson’s service to this committee and to the cause of court security in
this State. A separate per curiam order acknowledges the untimely passing of Judge Hudson and
recognizes his service to the State of Arkansas.
In Re: Passing of Honorable James Hudson. See per curiam this date. PUBLISHED
On May 3, 2009, the State of Arkansas lost one of its outstanding jurists, Honorable James Hudson, of
Texarkana. Judge Hudson served as Circuit Judge for the Eighth-South Judicial Circuit from 1991 until
cancer and related complications struck him down in the prime of his life. On the sad occasion of his
passing, the Arkansas Supreme Court wishes to acknowledge his life of service to the Arkansas legal
system and to express our sympathy to his wife, Kathy, his daughters, and the rest of his family.
Judge Hudson graduated from Hendrix College and SMU Law School. Prior to assuming the bench, he
practiced law and served as City Attorney in Texarkana and Prosecuting Attorney in the Eighth Judicial
District. In addition to tending to the duties in his judicial circuit, Judge Hudson served this court and
the state judiciary. At the time of his death, he was Chair of the Supreme Court Committee on Criminal
Practice and Chair of the Supreme Court Committee on Security and Emergency Preparedness. He had
previously
served
as
the
Chair
of
the
Arkansas
Task
Force
on
Court
Security. Judge Hudson
distinguished himself on the bench and had the respect and admiration of his fellow judges.
The Arkansas Supreme Court recognizes Judge Jim Hudson for an extraordinary life of service. He will
be sorely missed on both a professional and personal level by his many friends and colleagues. His
untimely death leaves big shoes to fill not only in the Eighth-South Circuit but the entire State.
In Memory of Honorable Tom Digby. See per curiam this date. PUBLISHED
Upon the occasion of his death, the Arkansas Supreme Court wishes to express its sincere condolences
to Honorable Tom Digby's family and takes this moment to recognize his service to the State of
Arkansas.
Judge Digby led a full life that included service in the United States Army, the practice of law, and
service as a circuit judge. He was a circuit judge for the Sixth Judicial Circuit from 1967 until his
retirement in 1991. His fellow judges elected him President of the Arkansas Judicial Council in 1978.
Judge Digby was a proud alumnus of Ouachita Baptist University, and he continued to serve that
institution throughout his life.
The Arkansas Supreme Court salutes Judge Tom Digby for a life well lived. His community, his church,
his friends, and his family have been enriched by his presence.
MOTIONS SUBMITTED
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Proceedings of the Arkansas Supreme Court - May 14, 2009
PETITIONS FOR REVIEW:
CR09-191. Dwayne Clarence Durell v. State of Arkansas, from Washington Circuit.
09-229. James Dale Ellenberg v. Burnett Gibbs Motors, Inc., from Workers' Compensation Commission.
09-348. Tajuana Kay Coker Holman v. Vincent Everett Coker, from Miller Circuit.
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CR02-811. Rickey D. Newman v. State of Arkansas, from Crawford Circuit. Pro se request to withdraw all proceedings.
CR08-1297. James Aaron Miller v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to
file enlarged brief.
CR09-370. Antonio Daniels v. State of Arkansas, from Drew Circuit. Resubmission of motion for rule on clerk.
09-254. Arkansas Department of Human Services v. J.D., from Bradley Circuit. Resubmission of motion for rule on
clerk.
09-276. Anna Geiger et al. v. Hipp Lumber & Hardware et al., from Cleburne Circuit. Resubmission of motion for rule
on clerk.
SUBMISSIONS
08-890. Arkansas Department of Environmental Quality v. Oil Producers of Arkansas et al., from Union Circuit.
Argued orally.
CR08-459. Darius Jackson v. State of Arkansas, from Pulaski Circuit, Fifth Division.
CR08-1232. Montrell Dashone Ventry v. State of Arkansas, from Saline Circuit.
CR08-1336. Martin Hinojosa v. State of Arkansas, from Pope Circuit.
08-916. Travis Lumber Company v. Joe Richard Deichman et al., from Yell Circuit, Northern District.
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