ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
JIM HANNAH, CHIEF JUSTICE:
CR11-406. William Mack Eubanks v. State of Arkansas, from Franklin Circuit. Affirmed.
JIM GUNTER, JUSTICE:
CR11-111. Michael Wade Myers and Scott Lynn Hall v. State of Arkansas, from Lonoke
Circuit. Affirmed.
PAUL E. DANIELSON, JUSTICE:
CR11-366. Julian Rueda v. State of Arkansas, from Benton Circuit. Affirmed.
KAREN R. BAKER, JUSTICE:
CR11-373. Carlos Keck v. State of Arkansas, from Saline Circuit. Affirmed.
PER CURIAM OPINIONS:
CR11-217. Steven Samples v. State of Arkansas, from Benton Circuit. Appeal dismissed.
10-274. Johnny Tarkington v. Larry Norris, Director, Arkansas Department of Correction,
from Jefferson Circuit. Affirmed.
10-1121. Damont Ewells v. Alan Constant, Kirk Zaner, and Patrick Langley, from Garland
Circuit. Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
PER CURIAM ORDERS
REVIEW DENIED: Petition for review was denied today in the following case.
CR12-152. Eric James Elliott v. State of Arkansas, from Lonoke Circuit.
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10-127. Joe Louis Kelley, Jr. v. Larry Norris, Director, and Shelli Maroney, Records
Supervisor, Arkansas Department of Correction, from Jefferson Circuit. Appellant's motion
for belated response to petition for rehearing is granted. Response due in seven days.
10-127. Joe Louis Kelley, Jr. v. Larry Norris, Director, and Shelli Maroney, Records
Supervisor, Arkansas Department of Correction, from Jefferson Circuit. Appellant's motion
for leave to file response to motion for rehearing in excess of ten pages is denied. Danielson,
J., would grant.
CA11-883. Michael Wilson v. Sara Powers, from Grant Circuit. Appellee's motion to dismiss
appeal as to child custody order is denied. Brown and Danielson, JJ., would take as a case.
11-1086. Joey McCutchen v. City of Fort Smith, Arkansas, et al., from Sebastian Circuit,
Fort Smith District. Appellees/Cross-Appellants' motion requesting ten page expansion of
argument page limit is granted. Corbin, J., would deny.
12-212. Robin West v. Arkansas Department of Human Services, from Carroll Circuit,
Eastern District. Motion for rule on clerk is denied. Brown, J., would grant.
12-231. Sally Thomas v. Nadav Sharon, M.D., et al., from Carroll Circuit, Eastern District.
Petition for writ of certiorari to complete the record is granted. Record filed this date.
Goodson, J., not participating.
12-238. Field Montgomery Watts, Arkansas Bar No. 92026 v. Stark Ligon, Executive
Director, Supreme Court Committee on Professional Conduct, an Original Action. Petition
for voluntary surrender of license (resignation). 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.
CA12-245. Sonya Jones v. M&O Investments, from Pulaski Circuit, Fifth Division. Motion
to expedite motion to stay; motion to stay proceedings; motion to expedite appeal. Moot.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
PER CURIAM ORDERS
CR11-1221. Phillip Harrison v. State of Arkansas, from Miller Circuit. Pro se motions for
extension of time to file brief, for appointment of counsel, to waive court costs and fees, and
for "subpoena deuces tecum." Appeal dismissed; motions moot. See per curiam this date.
CR11-1251. Corey Lambert v. State of Arkansas, from Jefferson Circuit. Pro se motion for
extension of time to file appellant's brief and for use of trial transcripts. Appeal dismissed;
motion moot. See per curiam this date.
CR12-91. Willie Munn v. State of Arkansas, from Howard Circuit. Pro se motion for belated
appeal is denied.
In Re April 12, 2012 Session of the Arkansas Supreme Court. See per curiam this date.
On April 12, 2012, the Supreme Court will convene at 9:00 a.m. at the
Hathaway-Howard Fine Arts Center, University of Arkansas–Pine Bluff.
In Memory of Justice Thomas Glaze. See per curiam this date.
On March 30, 2012, Honorable Thomas Glaze, who served with distinction on
this court from 1987 to 2008, died at the age of 74. Following his retirement from the
court, Justice Glaze valiantly battled his declining health and pressed forward to
successfully complete his memoir on election reform: Tom Glaze with Ernie Dumas,
Waiting for the Cemetery Vote: The Fight to Stop Election Fraud in Arkansas (2011).
This was a testament to the courage and determination that marked his life.
The Arkansas Supreme Court joins the citizens of this state in saluting Justice
Glaze for a life well lived, a life of service in pursuit of justice. The court extends its
deepest condolences to his wife, Phyllis, and the rest of his family.
On this sad occasion, we republish the court’s sentiments expressed upon
Justice Glaze’s retirement. In re Retirement of Justice Thomas Glaze, 374 Ark. App’x
719 (2008):
Upon his retirement from the Supreme Court of Arkansas after twenty-
one years of service as associate justice, the court recognizes and expresses
appreciation to Justice Tom Glaze for his dedication to public service and in
particular to this court. Justice Glaze has made the court's work his first
priority and has zealously defended the integrity of this court. Justice Glaze has
loved the law and the work of the supreme court, and his institutional memory
in our deliberations has kept the court on course.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
PER CURIAM ORDERS
Born in Missouri, Justice Glaze came to Arkansas to play baseball at the
University of Arkansas. He went on to serve his adopted state as an attorney
in private practice, as a staff attorney with Pulaski County Legal Aid, and as
legal advisor to Governor Winthrop Rockefeller. He also served as the
Executive Director of the Election Research Council, Inc., Assistant Attorney
General, and Chairman of the Election Laws Institute, Inc. Justice Glaze first
went on the bench as a chancery judge for the Sixth Judicial Circuit; he then
served as a judge on the Arkansas Court of Appeals until his election to the
Arkansas Supreme Court in 1986. As an adjunct professor at the University of
Arkansas at Little Rock Bowen School of Law, Justice Glaze educated
countless law students in the subject of family law. He taught his students not
only substantive law, but the practical and ethical aspects of practicing law as
well.
Justice Glaze is known by his colleagues in the legal community as a
defender of those unable to protect themselves. A voice for children and
families in need, he was an early proponent of foster care reform in this state.
Justice Glaze advocated for the establishment of full-fledged courts for
children's issues and has long encouraged the appointment of attorneys ad
litem to represent children.
John F. Kennedy said, “Let the public service be a proud and lively
career.” It has been so for Justice Tom Glaze. To analogize his legal career to
the game of baseball, which has always been close to his heart, Tom Glaze
pitched a “complete and perfect game.” The court wishes him godspeed in his
retirement.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
PER CURIAM ORDERS
In Re Judges and Lawyers Assistance Program. See per curiam this date.
Worth Sparkman was appointed in 2010 to serve the remainder of the term of
Melissa Carroll. His tenure on the Committee concluded on February 28, 2012. The
Court extends its appreciation to Mr. Sparkman for his service on the Committee. The
Court appoints Melanie Conway, MD, of Little Rock to replace Mr. Sparkman for a
six-year term as a lay member of the Board. Dr. Conway’s term will conclude on
February 28, 2018.
Circuit Judge Kathleen Bell has served tirelessly on the Committee, including
her final term, which concluded on February 28, 2012. The Court extends its gratitude
to Judge Bell for her contributions to the Committee. We appoint Circuit Judge
Barbara Halsey of Paragould to replace Judge Bell. Judge Halsey’s six-year term as
a lawyer member of the Committee will expire on February 28, 2018.
Jim Smith has been at the center of efforts to create a program to assist Judges
and Lawyers who suffer from alcoholism, substance abuse, or other disabilities. The
court extends a very sincere thank you to Mr. Smith, who served selflessly on the
Committee
as
a
lawyer
appointee
from
2006
to
the
conclusion
of
his
final
term—February 28, 2012. We appoint Cynthia Nance of Fayetteville to replace Jim
Smith as a lawyer appointee on the Committee for a six-year term to conclude
February 28, 2018.
The Court conveys its sincere appreciation to Dr. Conway, Circuit Judge
Barbara Halsey, and Cynthia Nance for generously agreeing to serve as members of
the Judges and Lawyers Assistance Program Committee.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR11-713. State of Arkansas v. Mark Tyson, from Pulaski Circuit, Fifth Division.
11-374. J.E.M. v. G.F.J. and S.L.J., from Faulkner Probate.
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PETITION FOR REVIEW:
CR12-161. Patrick Cinque Smith v. State of Arkansas, from Pulaski Circuit, First Division.
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CR02-22. Karl Roberts v. State of Arkansas, from Polk Circuit. Petitioner's motion for leave
to file a 39-page argument or for permission to incorporate by reference from the brief in
CR03-780, a companion case.
03-308. Nancie Givens, Acting Executive Director, Committee on Professional Conduct v.
James S. Scott, Jr., Arkansas Bar No. 87154, an Original Action. Petition to surrender.
11-609. Bayer CropScience LP et al. v. Doyle Sims et al., from Desha Circuit. Joint motion
to dismiss appeal and cross-appeal.
12-88. Bryant Healthcare Center LLC d/b/a Bryant Healthcare Center et al. v. Circuit Court
of
Saline
County,
Arkansas,
from
Saline
Circuit.
Motion
of
Arkansas
Health
Care
Association for permission to file amicus curiae brief in support of appellants.
12-257. Clyde McMoran v. Greater Shreveport Bossier Auto Auction, from Faulkner Circuit.
Motion for rule on clerk.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 5, 2012
SUBMISSIONS
CR11-606. Antonio Deshun Sartin v. State of Arkansas, from Pulaski Circuit, Fourth
Division.
11-902. Kenny Staggs et al. v. Union Pacific Railroad Company et al., from Independence
Circuit.
11-933. Cleo McKenzie v. Joshua James Pierce, from St. Francis Circuit.
11-992. Central Oklahoma Pipeline, Inc., d/b/a Cenok Pipeline, Inc. v. Hawk Field Services,
LLC, et al., from Conway Circuit.
11-1130. Cancun Cyber Cafè and Business Center, Inc. v. City of North Little Rock,
Arkansas, et al., from Pulaski Circuit, Second Division.
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