Supreme Court

Proceedings of the Arkansas Supreme Court - May 21, 2009 ARKANSAS SUPREME COURT Opinions delivered May 21, 2009 Click here for today's opinions ROBERT L. BROWN, JUSTICE: 08-890. The Arkansas Department of Environmental Quality v. Oil Producers of Arkansas, Betsy Production Company, Inc., Jerry Langley Oil Company, LLC, Shuler Drilling Company, Inc., Mike A. Davis, James Langley, Gary Sewell, and Robert Reynolds, from Union Circuit. Affirmed. Special Associate Justices Raymond R. Abramson and Kelly W. Webb join. Imber and Wills, JJ., not participating. PUBLISHED ANNABELLE CLINTON IMBER, JUSTICE: CR08-1058. Nathan Gilcrease v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Hannah, C.J., dissents. PUBLISHED 08-916. Travis Lumber Company; J.W. Mooty Timber Company, Inc.; J.W. Mooty II, Westlake Logging v. Joe Richard Deichman, As Trustee of the Margaret Louise Camp Deichman Revocable Trust, Administrator of the Estate of Margaret Louise Camp Deichman, and Individually, from Yell Circuit, Northern Division. Affirmed on Condition of Remittitur. Danielson, J., not participating. PUBLISHED JIM GUNTER, JUSTICE: CR08-1232. Montrell Dashone Ventry v. State of Arkansas, from Saline Circuit. Affirmed. PUBLISHED ELANA CUNNINGHAM WILLS, JUSTICE: CR08-1336. Martin Hinojosa v. State of Arkansas, from Pope Circuit. Circuit Court Affirmed; Court of Appeals Reversed. PUBLISHED 08-1273. Jean Hetman v. Annamarie Schwade, from Carroll Circuit, Western District. Reversed and Remanded. Hannah, C.J., and Brown, Gunter and Danielson, JJ., concur. PUBLISHED PER CURIAM OPINIONS: 08-142. Carl Lee Linell, Sr. v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. PUBLISHED 08-654. Robert Meyer d/b/a Meyer Excavators Contractors v. CDI Contractors, LLC, from Pulaski Circuit, Third Division. Affirmed for Noncompliance with Arkansas Supreme Court Rule 4-2. PUBLISHED PER CURIAM ORDERS file:///C|/Syllabus/Syllabus20090521.htm[12/20/2011 11:54:04 AM]

Proceedings of the Arkansas Supreme Court - May 21, 2009 REVIEWS DENIED: Petitions for review were denied today in the following cases. 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. ***************************** CR08-1297. James Aaron Miller v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file enlarged brief. Granted ten additional pages; brief due June 4, 2009. CR09-370. Antonio Daniels v. State of Arkansas, from Drew Circuit. Motion for rule on clerk. Remanded. See per curiam this date. PUBLISHED 08-740. Christopher Wayne Roberts v. Robin Yanyan Roberts, from Pulaski Circuit, Seventeenth Division. Rebriefing ordered. See per curiam this date. Corbin and Imber, JJ., concur. Brown, J., dissents. PUBLISHED 09-254. Arkansas Department of Human Services v. J.D., from Bradley Circuit. Motion for rule on clerk is granted. See per curiam this date. PUBLISHED 08-1200. Robert and Dorothy Greenwood v. Clifford Anderson, Jr., from Lawrence Circuit. Appellants’ motion to file supplemental addendum. Granted to file substituted brief. CR88-05. Milton Jasper Jones v. State of Arkansas, from Jefferson Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition under Rule 37.1. Petition denied. See per curiam this date. UNPUBLISHED CR07-1318. Robert T. Maxwell a/k/a G-Doffee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se petition to reinvest jurisdiction in trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. UNPUBLISHED CR09-123. Talideen Tramal Davenport v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for extension of time to file appellant’s brief. Motion granted. See per curiam this date. UNPUBLISHED CR09-157. Randolph Morris v. State of Arkansas, from Ashley Circuit. Pro se motion for extension of time. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED CR09-319. Terry Wayne Porter v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for access to record and extension of time to file appellant’s brief. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED CR09-336. Willie G. Davis, Jr. v. Honorable Samuel Pope, Circuit Judge, from Desha Circuit, Arkansas City 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 09-181. Edward Joe Hooten v. State of Arkansas, from Hot Spring Circuit. Pro se motion for extension of time to file appellant’s brief. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED 09-340. Timothy Ramon Moore v. State of Arkansas, from Lincoln Circuit. Pro se motion for leave to file petition for file:///C|/Syllabus/Syllabus20090521.htm[12/20/2011 11:54:04 AM]

Proceedings of the Arkansas Supreme Court - May 21, 2009 writ of habeas corpus in Supreme Court. Motion treated as motion for rule on clerk and denied. See per curiam this date. UNPUBLISHED MOTIONS SUBMITTED PETITIONS FOR REVIEW: 09-185. Donald A. Castleberry v. Charles H. Fohn, M.D. et al., from Ouachita Circuit. 09-187. Superior Industries et al. v. Kenny Shaddock, from Workers' Compensation Commission. 09-208. State Farm Automobile Insurance Company v. Eda Stamps et al., from Sebastian Circuit, Fort Smith District. ***************************** 09-443. Judicial Discipline and Disability Commission v. L.T. Simes, Circuit Judge, an Original Action. Motion for reconsideration. 09-509. In Re: Steve Eugene Cauley, Arkansas Bar No. 94012, an Original Action. Petition to surrender Arkansas law license. 09-523. In Re: William Doyne Gaddy, Arkansas Bar No. 74058, an Original Action. Petition for voluntary surrender of law license. SUBMISSIONS 08-618. Fort Smith School District et al. v. Mike Beebe, Governor et al., from Pulaski Circuit, First Division. Argued orally. CR08-1270. Terry Don Matthews v. State of Arkansas, from Miller Circuit. CR08-1309. Larry Franklin Wickham v. State of Arkansas, from Marion Circuit. file:///C|/Syllabus/Syllabus20090521.htm[12/20/2011 11:54:04 AM]