Proceedings of the Arkansas Supreme Court - January 30, 2009 ARKANSAS SUPREME COURT Opinions delivered January 30, 2009 JIM HANNAH, CHIEF JUSTICE: 08-167. Arkansas Annual Conference of the AME Church, Inc. and African Methodist Episcopal Church, Inc. v. New Direction Praise and Worship Center, Inc., Daryl Bailey, Lloyd Worthy, and Vivian Nooner, from Pulaski Circuit, Second Division. Affirmed. PUBLISHED 08-380. City of Centerton v. City of Bentonville, from Benton Circuit. Affirmed. PUBLISHED ROBERT L. BROWN, JUSTICE: 08-610. Katie Zimmerebner Stehle v. Ernest William Zimmerebner, from Faulkner Circuit. Affirmed; Court of Appeals Reversed. PUBLISHED JIM GUNTER, JUSTICE: 08-473. Arthur Douglas Chavis, III, as Guardian for and Next Friend of Arthur D. Chavis, IV v. Jill Frances Brackenbury, from Pulaski Circuit, Seventeenth Division. Affirmed. Brown, J., not participating. PUBLISHED PAUL E. DANIELSON, JUSTICE: CR08-930. Tony Bernard Johnson v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. PUBLISHED ELANA CUNNINGHAM WILLS, JUSTICE: 08-232. Roger and Ruth Anderson, d/b/a Anderson Auto Salvage v. BNSF Railway Company, from Craighead Circuit, Western District. Arkansas State Highway Commission Order Vacated. PUBLISHED PER CURIAM OPINIONS: CR07-984. Brent Eugene Belt v. State of Arkansas, from Carroll Circuit, Eastern District. Affirmed. UNPUBLISHED CR08-637. Jessie Earl Hill, III v. State of Arkansas, from Ouachita Circuit. Pro se motions for appointment of counsel and enlarged brief moot; motions to supplement addendum and for oral argument denied; appeal affirmed. UNPUBLISHED PER CURIAM ORDERS REVIEW GRANTED: Petition for review was granted today in the following case. CR08-1336. Martin Hinojosa v. State of Arkansas, from Pope Circuit. file:///C|/Syllabus/Syllabus20090130.htm[12/21/2011 11:10:42 AM]
Proceedings of the Arkansas Supreme Court - January 30, 2009 ***************************** REVIEWS DENIED: Petitions for review were denied today in the following cases. CR08-1332. Brouce Holden v. State of Arkansas, from Lonoke Circuit. 08-630. Georgia-Pacific Corporation et al. v. Huey P. Bradshaw, from Arkansas Workers' Compensation Commission. 08-677. Brenda Rutherford v. Mid-Delta Community Services, Inc., from Arkansas Workers' Compensation Commission. 08-690. Jimmy Singleton v. City of Pine Bluff, from Arkansas Workers' Compensation Commission. 08-1233. Cyndall Sharp v. M.J. Keeler, from Washington Circuit. 08-1379. Tanya Kay Wesley v. Carlos Deshaun Hall, from Washington Circuit. ***************************** CR08-762. Lee Mark Harris v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion to accept belated brief on writ of certiorari. Motion treated as motion to file belated return of writ and granted. See per curiam this date. PUBLISHED CR08-826. State of Arkansas v. John Brown, from Saline Circuit. Rebriefing ordered. See per curiam this date. PUBLISHED CACR08-1388. Jonathan L. Stevenson v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion for reconsideration is denied. CR08-1481. Jessie Lloyd Misskelley, Jr. v. State of Arkansas, from Clay Circuit, Western District. Appellant's motion to hold briefing in abeyance until resolution of Rule 37 case is denied. Imber and Wills, JJ., not participating. CR09-29. Steve Stewart v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk is granted. See per curiam this date. PUBLISHED 08-167. Arkansas Annual Conference of the African Methodist Episcopal Church, Inc. et al v. New Directions Praise and Worship Center, Inc. et al., from Pulaski Circuit, Second Division. Appellees’ motion for award of costs and attorney’s fees is denied. See opinion this date. 08-934. Union Pacific Railroad et al. v. Victor S. Vickers, from Lafayette Circuit. Motion of Arkansas Trial Lawyer's Association to file amicus curiae brief is granted. Gunter, J., not participating. 08-973. Larry Neely v. Lona McCastlain, Prosecuting Attorney in her official capacity as Prosecuting Attorney of the 23rd Judicial District, Lonoke County, Arkansas, and State of Arkansas, from Lonoke Circuit. Rebriefing ordered. See per curiam this date. PUBLISHED 08-1009. Darrell Johnson et al. v. Rockwell Automation, Inc. et al., an Original Action. Motion of the American Tort Reform Association et al. to file amici curiae brief is granted. file:///C|/Syllabus/Syllabus20090130.htm[12/21/2011 11:10:42 AM]
Proceedings of the Arkansas Supreme Court - January 30, 2009 08-1009. Darrell Johnson et al. v. Rockwell Automation, Inc. et al., an Original Action. Motion of the American Medical Association et al. to file amici curiae brief is granted. CR07-171. Terry Lynn Casey v. State of Arkansas, from Grant Circuit. Pro se motion under Court Rule 2.2 for ineffective assistance of counsel. Motion treated as second motion to file belated petition for review and denied. See per curiam this date. UNPUBLISHED CR08-763. Jerry L. Dodd v. State of Arkansas, Honorable Ralph Wilson, Jr., Circuit Judge, from Greene Circuit. Pro se petition and amended petitions for writ of mandamus and pro se motion to supplement record. Petitions for writ of mandamus denied; motion moot. See per curiam this date. UNPUBLISHED CR08-1280. Frank Watts II v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant’s pro se motion to dismiss appeal. Motion granted in part and denied in part; appeal dismissed. See per curiam this date. UNPUBLISHED 08-733. James E. Smith v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motions for status of case, for reconsideration of dismissal of appeal, and to compel response. Motion for status moot; motion for reconsideration denied; motion to compel response moot. See per curiam this date. UNPUBLISHED 08-1368. Christopher Newton White and Helen Louise White v. Honorable Jay T. Finch, Circuit Judge, and Brenda DeShields, Circuit Clerk, from Benton Circuit. Pro se petition for writ of mandamus and injunction and pro se motion to intervene. Petition as to petitioner Helen Louise White dismissed; petition as to petitioner Christopher Newton White denied; motion moot. See per curiam this date. UNPUBLISHED MOTIONS SUBMITTED PETITIONS FOR REVIEW: CR08-1330. Johnny Elmo Morgan v. State of Arkansas, from Scott Circuit. CR08-1331. John William "Bill" Seamster, Jr. v. State of Arkansas, from Crawford Circuit. 08-644. Alan Prendergast v. Leo Craft et al., from Benton Circuit. 08-792. Gordon Hite v. J & J Trucking et al., from Arkansas Workers' Compensation Commission. 08-1219. Andrea Hicks v. Joshua A. Cook, from Chicot Circuit. 08-1497. Kurt Belue, Sr. v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. ***************************** CR09-44. Kenneth Lemaster v. State of Arkansas, from Lonoke Circuit. Motion for belated petition for review. CR08-762. Lee Mark Harris v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion to proceed as a pauper. file:///C|/Syllabus/Syllabus20090130.htm[12/21/2011 11:10:42 AM]
Proceedings of the Arkansas Supreme Court - January 30, 2009 08-790. Danny R. Dednam v. Director et al., from Board of Review. Motion for belated petition for review. 08-1144. Benjamin L. Eagle v. Bank of America, from Pulaski Circuit, Fifth Division. Motion for rule on clerk, writ of certiorari, or mandamus. 08-1476. Walter Dwayne Ramsey et al. v. Beverly Enterprises, Inc. et al., from Crittenden Circuit. Motion to dismiss on behalf of Dr. Bertram D. Kaplan. 09-83. In Re: Sally Kathleen Svoboda, Arkansas Bar No. 79159, an Original Action. Petition for voluntary surrender of law license. SUBMISSIONS CR08-231. Warren Law v. State of Arkansas, from Pulaski Circuit, First Division. CR08-926. Billy Kelley v. State of Arkansas, from Pulaski Circuit, Fifth Division. CR08-1051. Tommy Lee Brown v. State of Arkansas, from Drew Circuit. 08-606. City of Little Rock v. Jung Yul Rhee, from Pulaski Circuit, First Division. file:///C|/Syllabus/Syllabus20090130.htm[12/21/2011 11:10:42 AM]
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