Supreme Court

Proceedings of the Arkansas Supreme Court - October 22, 2009 ARKANSAS SUPREME COURT Opinions Delivered October 22, 2009 Click here for today's opinions ROBERT L. BROWN, JUSTICE: 08-1383. PH, LLC v. City of Conway, Arkansas, from Faulkner Circuit. Affirmed. ANNABELLE CLINTON IMBER, JUSTICE: 08-1436. Sondra Jones v. Norma Owen, Larrie Owen, Patsy Willhite, Betty Black, Susan Fox, Johnnie Kent, and Tommy Smith, from Sebastian Circuit, Fort Smith District. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. PAUL E. DANIELSON, JUSTICE: 07-1254. Billie Jo Greenlee v. J.B. Hunt Transport Services, Inc. and J.B. Hunt Transport, Inc., from Benton Circuit. Affirmed. Imber, J., not participating. ELANA CUNNINGHAM WILLS, JUSTICE: CR09-139. Anne Throneberry v. State of Arkansas, from Van Buren Circuit. Affirmed. Imber, J., not participating. PER CURIAM OPINION: CR09-122. Lawrence Edward Martin v. State of Arkansas, from Pulaski Circuit, Fifth Division. Order Affirmed; Motion to File Belated Brief Denied; Motions for Production of Documents and to Correct Matters Moot; Petition for Writ of Mandamus Moot. PER CURIAM ORDERS REVIEWS GRANTED: Petitions for review were granted today in the following case. 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) Gunter, J., not participating. 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) Gunter, J., not participating. file:///C|/Syllabus/Syllabus20091022.htm[12/20/2011 11:35:32 AM]

Proceedings of the Arkansas Supreme Court - October 22, 2009 ***************************** CR08-356. Robert Lee Williams, Jr. v. State of Arkansas, from Nevada Circuit. Motion of Cathleen Compton to withdraw as attorney of record is granted. 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 is granted. CR09-410. Kitaka Lauderdale v. State of Arkansas, from Craighead Circuit, Western District. Motion for extension of time to file record and/or for other relief. Granted; show cause order issued. See per curiam this date. CR09-1068. Shawn Whiteside v. State of Arkansas, from Lonoke Circuit. Motion for rule on clerk is granted. See per curiam this date. 09-408. Monte Red et ux. v. U. S. Bank, from Saline Circuit. Appellee's motion to file supplemental brief is granted. 09-561. Angie Fletcher v. Kevin Scorza, from Pulaski Circuit, Seventeenth Division. Appellee's motion to file supplemental brief is denied. 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 is granted. Gunter, J., not participating. 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 is denied. Gunter, J., not participating. 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. Moot. Gunter, J., not participating. 09-742. Natalie Willis v. Honorable Ellen B. Brantley, Circuit Judge, from Pulaski Circuit, Sixteenth Division. Appellant’s petition for rehearing on motion to proceed in forma pauperis is denied. 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. Moot. Corbin and Imber, JJ., not participating. 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. Granted thirty day extension of time to file brief; granted five additional pages. Corbin and Imber, JJ., not participating. CR02-811. Rickey Newman v. State of Arkansas, from Crawford Circuit. Motion to proceed pro se is denied. CR09-450 & CR09-607. Troy D. Crain v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motions for rule on clerk and appointment of counsel in CR09-450 moot; appeal in CR09-607 dismissed and motion to file belated brief in CR09-607 moot. See per curiam this date. CR09-493. Craytonia Badger v. Unknown Circuit Judge, from Drew Circuit. Pro se motion for rule on clerk to file petition for writ of mandamus without naming respondent. Motion denied. See per curiam this date. CR09-910. Gregory E. Price v. State of Arkansas, from Saline Circuit. Pro se motion for belated appeal. Motion dismissed. See per curiam this date. file:///C|/Syllabus/Syllabus20091022.htm[12/20/2011 11:35:32 AM]

Proceedings of the Arkansas Supreme Court - October 22, 2009 CR09-649. Carl Edward Willis v. Circuit Clerk of Sebastian County, from Sebastian Circuit, Fort Smith District. Pro se motion for rule on clerk of the Arkansas Supreme Court. Motion denied. See per curiam this date. CR09-731. Rodney Lee Mitchael v. State of Arkansas, from Crawford Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. CR09-856. William Joseph Lenox v. Honorable Randy Franklin Philhours, Circuit Judge, from Craighead Circuit, Western District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. 09-927. Emmett Michael Brim v. Honorable Robert Bynum Gibson, Jr., Circuit Judge, from Chicot Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. In Re: Proposed Amendments to Administrative Order Number 1. See per curiam this date. MOTIONS SUBMITTED PETITIONS FOR REVIEW: CR09-1048. James O. Williams v. State of Arkansas, from Saline Circuit. 09-622. Ketran Bulsara v. Julia Mortimer Watkins, M.D., from Pulaski Circuit, First Division. 09-654. Steven Pollard v. Stephanie Pollard, from Pulaski Circuit, Thirteenth Division. 09-674. Arkansas Commission on Law Enforcement Standards v. Arlanders Davis, from Jefferson Circuit. 09-681. Jessica Teague Henderson v. Roger Michael Teague, from Benton Circuit. 09-748. Karen Roebuck v. United Methodist Children's Home et al., from Arkansas Workers' Compensation Commission. ***************************** CR95-975. Jimmy Don Wooten v. State of Arkansas, from Pope Circuit. Application for permission to be appointed as counsel on behalf of defendant. CR08-1493. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant motion for order staying appeal and remanding for further proceedings regarding showing of actual innocence. CR09-1118. Joseph Rounsaville v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Thomas B. Devine III to be relieved as attorney for appellant and to stay briefing schedule. CR09-1120. Melvin Lee Lockhart, III v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Julia B. Jackson to be relieved as attorney for appellant and stay of briefing schedule. 09-487. Bobby Stewart v. Arkansas Glass Container et al., from Arkansas Workers' Compensation Commission. Appellees' motion to set aside the Court of Appeal's award of attorney's fees and costs. file:///C|/Syllabus/Syllabus20091022.htm[12/20/2011 11:35:32 AM]

Proceedings of the Arkansas Supreme Court - October 22, 2009 09-665. Rosemarie Clampitt v. James P. Geurin et ux., from Garland Circuit. Appellant's motion for amendment to opening brief to be filed as timely. 09-1122. In Re: Don Clayton Cooksey, Arkansas Bar No. 74199, an Original Action. Petition to surrender Arkansas law license. SUBMISSIONS CR07-623. Ronald Jay Campbell v. State of Arkansas, from Lonoke Circuit. CR08-1394. Wilbert L. Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. CR09-99. Shannon David Ray v. State of Arkansas, from Clark Circuit. CR09-402. Jerry Donald Sykes v. State of Arkansas, from Washington Circuit. CR09-647. Demetrius Heard v. State of Arkansas, from Lonoke Circuit. 09-26. Virginia Kowalski et al. v. Rose Drugs of Dardanelle, Inc. et al., from Yell Circuit. file:///C|/Syllabus/Syllabus20091022.htm[12/20/2011 11:35:32 AM]