Supreme Court

Proceedings of the Arkansas Supreme Court - May 28, 2009 ARKANSAS SUPREME COURT Opinions delivered May 28, 2009 Click here for today's opinions JIM HANNAH, CHIEF JUSTICE: CR08-1270. Terry Don Matthews v. State of Arkansas, from Miller Circuit. Affirmed. PUBLISHED PER CURIAM ORDERS REVIEW GRANTED: Petition for review was granted today in the following case. 09-208. State Farm Automobile Insurance Company v. Eda Stamps et al., from Sebastian Circuit, Fort Smith District. Hannah, C.J., and Corbin, J., would deny. ***************************** REVIEWS DENIED: Petitions for review were denied today in the following cases. 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. ***************************** CR02-811. Rickey D. Newman v. State of Arkansas, from Crawford Circuit. Pro se request to withdraw all proceedings is denied. 09-276. Anna Geiger et al. v. Hipp Lumber and Hardware et al., from Cleburne Circuit. Motion for rule on clerk is denied. 08-653. McCourt Manufacturing Corporation v. Dave Rycroft, from Sebastian Circuit, Fort Smith District. Appellee’s motion for the court to take judicial notice of a recent opinion. Noted. 08-804. Ann C. Donovan v. Stark Ligon, Executive Director, Arkansas Supreme Court Committee on Professional Conduct, an Original Action. Appellant’s supplemental motion for stay of enforcement of judgment is denied. 08-1191. Joy Danielle Dachs et al. v. Barry D. Hendrix, M.D. et al., from Greene Circuit. Rebriefing ordered. See per curiam this date. Gunter, J., not participating. PUBLISHED 09-443. Judicial Discipline and Disability Commission v. Honorable L.T. Simes, Circuit Judge, an Original Action. Motion for reconsideration is denied. Wills, J., not participating. file:///C|/Syllabus/Syllabus20090528.htm[12/20/2011 11:35:42 AM]

Proceedings of the Arkansas Supreme Court - May 28, 2009 09-509. In Re: Steven Eugene Cauley, Arkansas Bar No. 94012, an Original Action. Petition for voluntary surrender of law license. Accepted. See per curiam this date. PUBLISHED 09-523. In Re: William Doyne Gaddy, Arkansas Bar No. 74058, an Original Action. Petition for voluntary surrender of law license. Granted with direction to the Clerk to remove the attorney’s name from the registry of attorneys licensed to practice law in the State of Arkansas. 09-542. BFI Waste Systems of Arkansas, LLC v. City of Little Rock, Arkansas, from Pulaski Circuit, Thirteenth Division. Motion for expedited consideration is denied. CACR08-545. Jeremiah Walton v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for transcript at public expense. Motion denied. See per curiam this date. UNPUBLISHED CR09-205. Milton Donell Wofford v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for copy of record and extension of time to file appellant’s brief. Appeal dismissed; motion moot. See per curiam this date. UNPUBLISHED CR09-279. James Lorenzo Williams v. State of Arkansas, from Union Circuit. Pro se motions for transcript at public expense and extension of brief time. Appeal dismissed; motions moot. See per curiam this date. UNPUBLISHED CR09-317. Frances Renee Perry v. State of Arkansas, from Pulaski Circuit, Second Division. Pro se motions for appointment of counsel, for extension of brief time and for copy of record at public expense. Appeal dismissed; motions moot. See per curiam this date. UNPUBLISHED CR09-382. Wesley E. Grissom v. State of Arkansas, from Garland Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. UNPUBLISHED 09-466. Tommy Hall and $2,715.00 v. State of Arkansas, from Miller Circuit. Pro se motion and amended motion to lodge appeal without certified record. Motion and amended motion treated as motion for rule on clerk and denied. See per curiam this date. UNPUBLISHED 09-540. In Re: Arkansas Supreme Court and Court of Appeals Rule 5-2. See per curiam this date. Corbin, J., dissents. PUBLISHED In Re: Supreme Court Committee on Criminal Practice. See per curiam this date. PUBLISHED We designate Honorable Sam Pope, a current member of the Arkansas Supreme Court Committee on Criminal Practice, to succeed Judge Jim Hudson as the chair of the committee. We thank Judge Pope for accepting this important position. We briefly note here Judge Hudson’s service to this committee. A separate per curiam order acknowledged the untimely passing of Judge Hudson and recognized his service to the State of Arkansas. MOTIONS SUBMITTED PETITION FOR REHEARING: CR08-693. Joshua Leallen Lofton v. State of Arkansas, from Pulaski Circuit, Fifth Division. ***************************** file:///C|/Syllabus/Syllabus20090528.htm[12/20/2011 11:35:42 AM]

Proceedings of the Arkansas Supreme Court - May 28, 2009 PETITIONS FOR REVIEW: 09-182. Jamie Hicks et al. v. Dustin Dewayne Bates et al., from Workers' Compensation Commission. 09-190. Bonnie Mitchell v. Tyson Poultry, Inc., from Workers' Compensation Commission. ***************************** CR09-249. Donald Thompson v. State of Arkansas, from Carroll Circuit, Eastern District. Resubmission of motion for belated appeal. CR09-390. Jeffery Lynn Moss a/k/a Jeff Moss v. State of Arkansas, from Perry Circuit. Petition for writ of certiorari to complete the record. CR09-390. Jeffery Lynn Moss a/k/a Jeff Moss v. State of Arkansas, from Perry Circuit. Appellant's motion for extension of time, or alternatively, to stay briefing schedule. CR09-514. Jonathan David Moss v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk. 08-653. McCourt Manufacturing Corporation v. Dave Rycroft, from Sebastian Circuit, Fort Smith District. Resubmission of motion to tax costs and fees due to appellant's insufficient abstract. 09-114. Mary Clark v. Arthur Johnson, M.D. et al., from Johnson Circuit. Appellant's motion to consolidate appeals 09- 431 and 09-114. 09-431. Mary Clark v. Arthur Johnson, M.D. et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to consolidate appeals 09-431 and 09-114. 09-535. Michelle Henson v. Arkansas Department of Human Services, from Yell Circuit, Northern District. Petition for writ of certiorari to complete the record. 09-535. Michelle Henson v. Arkansas Department of Human Services, from Yell Circuit, Northern District. Motion to seal the record as confidential. SUBMISSIONS 08-653. McCourt Manufacturing Corporation v. Dave Rycroft, from Sebastian Circuit, Fort Smith District. 08-1220. Arkansas Game and Fish Commission v. Ben Eddings et al., from Newton Circuit. 09-4. Barrett Cato et al. v. Craighead County Circuit Court, from Craighead Circuit, Western District. 09-46. Seiz Company d/b/a Seiz Sign Company v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Ninth Division. file:///C|/Syllabus/Syllabus20090528.htm[12/20/2011 11:35:42 AM]