Proceedings of the Arkansas Supreme Court - October 8, 2009
ARKANSAS SUPREME COURT
Opinions Delivered
October 8, 2009
Click here for today's opinions
JIM HANNAH, CHIEF JUSTICE:
CR09-321. David Craig Whitham v. State of Arkansas, from Faulkner Circuit. Affirmed.
DONALD L. CORBIN, JUSTICE:
CR09-339. Adam Davis, Jr. v. State of Arkansas, from Garland Circuit. Affirmed. Brown, J., not participating.
ROBERT L. BROWN, JUSTICE:
CR09-365. Joseph F. Rounsaville v. State of Arkansas, from Lonoke Circuit. Affirmed. Hannah, C.J., concurs. I concur
based on the doctrine of stare decisis. See Cluck v. State, 365 Ark. 166, 179, 226 S.W.3d 780, 790 (2006).
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Affirmed on
Direct Appeal and Cross-Appeal; Motions to Dismiss Denied.
08-975. Jena Graham v. Darlene Matheny, from Pulaski Circuit, Thirteenth Division. Reversed and Remanded. Hannah,
C.J., and Danielson, J., concur.
ANNABELLE CLINTON IMBER, JUSTICE:
CR09-51. Amanda Gail Holt v. State of Arkansas, from Pulaski Circuit, Seventh Division. Circuit Court Affirmed.
Court of Appeals Affirmed in Part; Reversed in Part.
JIM GUNTER, JUSTICE:
CR09-95.
Kevin
Banks
v.
State
of
Arkansas,
from
Pulaski
Circuit,
First
Division.
Affirmed.
Hannah, C.J., and
Danielson, J., concur.
ELANA CUNNINGHAM WILLS, JUSTICE:
CR09-265. Vance Benton Rollins, Jr. v. State of Arkansas, from Perry Circuit. Circuit Court Affirmed; Court of Appeals
Reversed. Hannah, C.J., dissents.
09-479. Arkansas Department of Human Services v. Tammy Denmon, from Grant Circuit. Writ of Prohibition Denied;
Writ of Certiorari Granted; Appeal Dismissed.
PER CURIAM ORDERS
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Proceedings of the Arkansas Supreme Court - October 8, 2009
REVIEWS DENIED: Petitions for review were denied today in the following cases.
09-590. J. Somers Matthews v. Katherine Matthews, from Pulaski Circuit, Seventeenth Division. Brown and Imber, JJ.,
not participating.
09-597. Nationwide Assurance Company v. Michael Lobov, from Washington Circuit.
09-746. Melissa Carol Thetford v. Electric Cowboy, Inc. et al., from Workers’ Compensation Commission.
09-760. Heather Michelle Ussery v. Buddy Michael Ussery, from Pulaski Circuit, Seventeenth Division.
*****************************
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Motion of A.R.
Mays Construction Co. to dismiss designated cross-appeal of plaintiff-appellants is denied. See opinion this date.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Motion of
appellee Atlas Construction of Arkansas, LLC to dismiss designated cross-appeal of plaintiff-appellants is denied. See
opinion this date.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Motion of
Arkansas Western Gas to join motion of A.R. Mays Construction Co. to dismiss designated cross-appeal of plaintiff-
appellants is denied. See opinion this date.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Motion of L&L
Plumbing & Heating to adopt motion of A.R. Mays Construction and Atlas Construction of Arkansas to dismiss
designated cross-appeal of plaintiff-appellants is denied. See opinion this date.
08-396. Simpson Housing Solutions, LLC et al. v. Juan C. Hernandez et al., from Washington Circuit. Motion of
Architecture Design & Development and Thomas O’Neill to dismiss designated cross-appeal of plaintiff-appellants is
denied. See opinion this date.
CR08-262. Willie Clarence McLeod v. State of Arkansas, from Crittenden Circuit. Motion for extension of time to file
substituted brief is granted. See per curiam this date.
CR08-1460. Wesley Barringer v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari to complete the
record is granted.
CR08-1493.
Damien
Wayne
Echols
v.
State
of
Arkansas,
from
Craighead
Circuit,
Western District. Motion for
permission to file an amicus curiae brief by the Center on Wrongful Convictions of Youth and the National Association
of Criminal Defense Lawyers is granted. Wills, J., not participating.
CR09-761. Patricia McClanahan v. State of Arkansas, from Scott Circuit. Appellee's motion to file a supplemental brief
is granted. Danielson, J., not participating.
CR09-788. Robert D. Loggins v. State of Arkansas, from Union Circuit. Motion of Lea Ellen Fowler for entry of
appearance and substitution of counsel is granted.
CR09-788.
Robert
D.
Loggins
v.
State
of
Arkansas,
from
Union
Circuit.
Motions
of
Robert
N.
Jeffrey for
reconsideration of motion to withdraw as counsel, substitution of other counsel, to stay briefing schedule or to extend
time for filing brief is granted.
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Proceedings of the Arkansas Supreme Court - October 8, 2009
CACR09-817. James Michael McKim v. State of Arkansas, from Saline Circuit. Appellant’s motion to transfer to the
Arkansas Supreme Court is denied.
CR09-911. Kimberly Ann Webb v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to waive
filing fee is granted.
CR09-1021. Dorothy Brown v. Phillips County Circuit Court, from Phillips Circuit. Petition for extraordinary writ; writ
of prohibition or alternatively, petition for writ of certiorari, stay, and expedited hearing is denied.
09-408. Monte Red et ux. v. U. S. Bank, from Saline Circuit. Appellee's motion to dismiss is denied.
09-668. John David Terry v. John A. White et al., from Washington Circuit. Appellant's motion to dismiss appeal is
granted.
09-684. John Doe et al. v. Stark Ligon, in his capacity as Director of the Arkansas Supreme Court Committee on
Professional Conduct et al., an Original Action. Joint petition for writ of certiorari is denied without prejudice.
09-1003. M.M. v. State of Arkansas, from Pulaski Circuit, Tenth Division. Appellant’s motion to dismiss appeal is
granted.
CR04-920. Micah Lamar Webb v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se petition to reinvest
jurisdiction in trial court to consider petition for writ of error coram nobis. Petition dismissed. See per curiam this
date.
CR05-472. Wallace A. Gardner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for duplication
of documents at public expense. Motion denied. See per curiam this date.
CR09-140. Brandon Carter v. State of Arkansas, from Columbia Circuit. Pro se motions for belated appeal and
appointment of counsel granted; motions for transcript, for record on remand, and to supplement motion for belated
appeal moot. See per curiam this date.
CR09-206. Conneal Buckhanna v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to file
belated brief. Appeal dismissed; motion moot. See per curiam this date.
CR09-632. Lee A. Croy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for appointment of
counsel and for extension of time to file appellant’s brief. Motion treated as motion to relieve counsel and proceed in
forma pauperis and granted in part and denied in part. See per curiam this date.
CR09-686. Paul D. Stuart v. State of Arkansas, from Newton Circuit. 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.
CR09-701. Myron Newjean Anderson, Jr. v. State of Arkansas, from Ashley Circuit. Pro se motions for extension of
time to file appellant’s brief and for access to record. Appeal dismissed; motions moot. See per curiam this date.
CR09-713. Tommy D. Hall v. Honorable Joe Griffin, Circuit Judge, from Miller Circuit. Pro se motion for rule on
clerk. Motion denied. See per curiam this date.
CR09-716.
Teddy
Lee
Clarks
v.
State
of
Arkansas,
from
Pulaski
Circuit,
Fourth
Division.
Pro
se motions for
appointment of counsel denied; motion for extension of time to file appellant’s brief granted; motion to subpoena
DNA sample treated as motion to supplement record and denied. See per curiam this date.
CR09-827. Brian Dwight Higgins v. Honorable Richard Proctor, Circuit Judge, from St. Francis Circuit. Pro se petition
for writ of mandamus. Petition granted in part and denied in part. See per curiam this date.
No. 5776. David Webb v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se petition to reinvest
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Proceedings of the Arkansas Supreme Court - October 8, 2009
jurisdiction in trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date.
09-614. Damont Ewells v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to file belated
brief. Motion granted. See per curiam this date.
09-687. James Wingfield v. State of Arkansas, from Lee Circuit. Pro se motion for extension of time to file appellant’s
brief. Appeal dismissed; motion moot. See per curiam this date.
In Re: Arkansas Supreme Court Committee on Criminal Practice. See per curiam this date.
We appoint Honorable Grisham Phillips, Circuit Judge, of Benton to the Arkansas Supreme Court
Committee on Criminal Practice to fill the unexpired term of the late Judge Jim Hudson. This term
expires on January 31, 2012. We thank Judge Phillips for accepting this appointment.
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
09-718. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Arkansas
Public Service Commission. (Appellee Public Service Commission)
09-718. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Arkansas
Public Service Commission. (Appellee Southwestern Electric Power Company)
*****************************
CR08-356. Robert Lee Williams, Jr. v. State of Arkansas, from Nevada Circuit. Motion of Cathleen Compton to
withdraw as attorney of record.
CR08-1353. Billy Terrell Adams v. State of Arkansas, from White Circuit. Appellant’s motion for recall of mandate in
order to petition for writ of certiorari.
CR09-410. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Appellant’s motion for
extension of time to file record and/or for other relief.
CR09-1068. Shawn Dell Whiteside v. State of Arkansas, from Lonoke Circuit. Motion for rule on clerk.
08-1031. Arkansas Department of Correction v. Frank Williams, Jr., from Pulaski Circuit, Sixth Division. Resubmission
of motion to dismiss lawsuit.
09-408. Monte Red et ux. v. U. S. Bank, from Saline Circuit. Appellee's motion to file supplemental brief.
09-561.
Angie
Fletcher
v.
Kevin
Scorza,
from
Pulaski
Circuit,
Seventeenth
Division.
Appellee's
motion
to file
supplemental brief.
09-705. Perry L. Linder, Jr. et ux. v. Arkansas Midstream Gas Services Corporation, from Cleburne Circuit. Appellants’
motion for consolidation of appeals and reconsideration of request for oral argument.
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Proceedings of the Arkansas Supreme Court - October 8, 2009
09-718. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Arkansas
Public Service Commission. Motion of Arkansas Electric Cooperative Corporation for leave to file amicus curiae brief.
09-718. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Arkansas
Public Service Commission. Appellants’ motion to file belated response to motion to file amicus curiae brief.
09-718. Hempstead County Hunting Club, Inc. et al. v. Arkansas Public Service Commission et al., from Arkansas
Public Service Commission. Motion to strike appellants’ objections to motion to file amicus curiae brief.
09-742.
Natalie
Willis
v.
Honorable
Ellen
Bass
Brantley,
Circuit
Judge,
from
Pulaski Circuit, Sixteenth Division.
Appellant’s petition for rehearing on motion to proceed in forma pauperis.
09-941. Financial Freedom Senior Funding Corporation v. Woody Pearce, from Craighead Circuit, Western District.
Petition for rehearing on appellant’s motion for rule on clerk.
09-1070. Baptist Health v. Bruce E. Murphy, M.D. et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion
for an extension of time to file its brief and for an expansion of the page limit and to consolidate the brief of appellees,
plaintiffs and intervenors.
09-1070. Baptist Health v. Bruce E. Murphy, M.D. et al., from Pulaski Circuit, Thirteenth Division. Appellant's
substituted motion for an extension of time to file its brief and for an expansion of the page limit.
SUBMISSIONS
08-1031. Arkansas Department of Correction v. Frank Williams, Jr., from Pulaski Circuit, Sixth Division. Argued orally.
CR09-139. Anne Throneberry v. State of Arkansas, from Van Buren Circuit.
CR09-263. Gordon Randall Gwathney v. State of Arkansas, from Lee Circuit.
07-1254. Billie Jo Greenlee v. J.B. Hunt Transport Services, Inc. et al., from Benton Circuit.
08-999. Riceland Foods, Inc. v. Randy Pearson et al., from St. Francis Circuit.
08-1383. PH, LLC v. City of Conway, Arkansas, from Faulkner Circuit.
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