ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
PER CURIAM ORDERS
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
CR12-554. Joseph Anthony Scamardo, Jr. v. State of Arkansas, from Sebastian Circuit, Fort
Smith District. Hannah, C.J., and Corbin, J., would deny. Brown, J., not participating.
12-530.
Dee
Ann
Miller
and
Clayton
Bratt
v.
Dennis
C.
Enders,
from
Workers'
Compensation Commission.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
12-339. James Merryman and Phyllis Merryman v. Debra Cargile, from Van Buren Circuit.
12-454. Raju Patil, M.D. v. Gary Kevin Hoover, from Faulkner Circuit.
12-543. Elbert Brown v. Director et al., from Board of Review.
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CR11-271. Michael Dewayne Gulley v. State of Arkansas, from Nevada Circuit. Report and
amended report and finding by Master. Contempt citations issued. See per curiam this date.
Danielson, J., dissents.
CR11-884. Walter Lee Walton v. State of Arkansas, from Sebastian Circuit, Fort Smith
District. Supplemental addendum ordered. See per curiam issued. (Proceedings of August 30,
2012)
CR12-243. Louis Oberlin Morris v. Honorable Timothy W. Weaver, Circuit Judge, from
Fulton Circuit. Appellee's motion to supplement the record is granted. Brown, J., not
participating.
CR12-494. Ira Gene Vankirk v. State of Arkansas, from Greene Circuit. Appellant's motion
for writ of certiorari to complete the record and to stay brief time is granted. Complete record
due within thirty days. Brief due thirty days thereafter.
ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
PER CURIAM ORDERS
CR12-537. Michael S. Winters v. State of Arkansas, from Benton Circuit. Joint motion to
be relieved as attorney of record and for entry of appearance and for extension of time is
granted.
CR12-644. Bobby Charles Nelson v. State of Arkansas, from Pulaski Circuit, Fourth
Division. Motion for rule on clerk is granted. See per curiam this date.
CR12-694. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division.
Application of Dale Adams and Julie Pitt for permission to appear as counsel on behalf of
appellant is granted. Brown, J., not participating.
CR12-694. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division.
Motion for leave to proceed in forma pauperis is granted. Brown, J., not participating.
03-308.
Nancie
Givens,
Acting
Executive
Director,
Supreme
Court
Committee
on
Professional Conduct v. James S. Scott, Jr., Arkansas Bar No. 87154, an Original Action.
Resubmission after remand of petition to surrender is accepted. See per curiam this date.
09-145. Kuntrell Jackson v. Ray Hobbs, Director, Arkansas Department of Correction, from
Jefferson Circuit. Appellee's motion to brief issues on remand from the United States
Supreme Court is granted.
CA11-1168. Falcon Cable Media LP et al. v. Arkansas Public Service Commission, from
Pulaski Circuit, Third Division. Joint motion to transfer is granted.
12-73. Greg Prock v. Bull Shoals Boat Landing, American Home Assurance, and AIG Claim
Services, from Workers' Compensation Commission. Appellant's motion to supplement brief
is granted.
12-75. Matthew L. Edmisten v. Bull Shoals Landing, American Home Assurance, and AIG
Claim
Services,
from
Workers'
Compensation
Commission.
Appellant's
motion
to
supplement brief is granted.
12-252. Arkansas Public Employees Retirement System et al. v. Jo West Taylor et al., from
Pulaski Circuit, Sixth Division. Unopposed motion of Appellee Jo West Taylor to file belated
brief is granted.
ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
PER CURIAM ORDERS
12-252. Arkansas Public Employees Retirement System et al. v. Jo West Taylor et al., from
Pulaski Circuit, Sixth Division. Appellants' motion to dismiss appeal/cross-appeal is granted.
Brown, J., would moot.
12-252. Arkansas Public Employees Retirement System et al. v. Jo West Taylor et al., from
Pulaski Circuit, Sixth Division. Appellees'/Cross-Appellants' motion to withdraw notice of
cross-appeal as to dismissal of complaint is moot. Brown, J., would grant.
12-252. Arkansas Public Employees Retirement System et al. v. Jo West Taylor et al., from
Pulaski Circuit, Sixth Division. Motion to withdraw Heather Goodson Zachary as counsel
for appellees is granted. Brown, J., not participating.
CA12-303. International Fidelity Insurance Company v. NISHA, LLC, and NK Plastering,
LLC, from Faulkner Circuit. Appellant's motion to transfer or certify appeal to Supreme
Court is granted. Brown, J., not participating.
12-459. Stark Ligon, Executive Director of the Supreme Court Committee on Professional
Conduct v. Heather Patrice Hogrobrooks, Arkansas Bar ID #92029, an Original Action.
Motion for appointment of special judge. Special judge appointed. See per curiam issued.
(Proceedings of August 27, 2012)
12-540. First Arkansas Bank & Trust, Trustee, et al. v. Gill, Elrod, Ragon, Owen & Sherman,
P.A., et al., from Pulaski Circuit, Fifth Division. Motion of Arkansas Bankers Association
for permission to file an amicus curiae brief is granted. Danielson, J., would deny. Brown,
J., not participating.
12-540. First Arkansas Bank & Trust, Trustee, et al. v. Gill, Elrod, Ragon, Owen & Sherman,
P.A., et al., from Pulaski Circuit, Fifth Division. Motion of Arkansas State Chamber of
Commerce and the Arkansas School Boards Association for permission to file an amici
curiae brief is granted. Danielson, J., would deny. Brown, J., not participating.
12-540. First Arkansas Bank & Trust, Trustee, et al. v. Gill, Elrod, Ragon, Owen & Sherman,
P.A., et al., from Pulaski Circuit, Fifth Division. Motion of Arkansas Securities Department,
Arkansas
Development
Finance
Authority,
and
Arkansas
State
Bank
Department
for
permission to file an amici curiae brief is granted. Danielson, J., would deny. Brown, J., not
participating.
ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
PER CURIAM ORDERS
12-540. First Arkansas Bank & Trust, Trustee, et al. v. Gill, Elrod, Ragon, Owen & Sherman,
P.A., et al., from Pulaski Circuit, Fifth Division. Motion of Stephens Inc. for permission to
file an amicus curiae brief is granted. Danielson, J., would deny. Brown, J., not participating.
12-540. First Arkansas Bank & Trust, Trustee, et al. v. Gill, Elrod, Ragon, Owen & Sherman,
P.A., et al., from Pulaski Circuit, Fifth Division. Appellees given 15 additional pages to
respond to the four amicus curiae briefs. Brown, J., not participating.
12-647. Arkansas Hotels and Entertainment, Inc. v. Mark Martin, Secretary of State of the
State of Arkansas, in His Official Capacity Only, an Original Action. Petition for writ of
mandamus against the Secretary of State is taken as a case. Simultaneous briefs are due on
August 21, 2012. Petitioner's motion for oral argument is granted. Oral argument will be held
on September 6, 2012, at 9:00 a.m. Respondent's motion for appointment of a special master
is held in abeyance. Motion to intervene is granted. (Proceedings of August 14, 2012)
12-647. Arkansas Hotels and Entertainment, Inc. v. Mark Martin, Secretary of State of the
State of Arkansas, in His Official Capacity Only, an Original Action. Motion to extend the
deadline to certify the proposed amendment to the County Boards of Election Commissioners
is denied. (Proceedings of August 21, 2012)
12-647. Arkansas Hotels and Entertainment, Inc. v. Mark Martin, Secretary of State of the
State of Arkansas, in his Official Capacity Only, an Original Action. Resubmission of
respondent's motion for appointment of special master held in abeyance is taken with the
case. Brown, J., not participating.
12-679. Mickeal D. White v. Hon. David F. Guthrie, Circuit Judge, from Calhoun Circuit.
Emergency pro se petition for writ of prohibition is denied. (Proceedings of August 21, 2012)
12-685. Lawrence Trammell v. Willis Hooks, from Greene Circuit. Petition for writ of
certiorari to complete the record is moot.
12-685. Lawrence Trammell v. Willis Hooks, from Greene Circuit. Appellee's motion to
dismiss petition for writ of certiorari to complete the record is moot.
ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
PER CURIAM ORDERS
12-692. Benjamin Denio v. Justin Parnell, from Grant Circuit. Motion for rule on clerk is
denied.
12-713. Nancy Todd, an Individual, and Nancy Todd's Poker Palace and Entertainment
Venues, LLC v. Mark Martin, Secretary of State of the State of Arkansas, in His Official
Capacity Only, an Original Action. Petition for review of Secretary of State's determination.
Petition for review granted; expedited briefing schedule ordered. See per curiam issued.
(Proceedings of August 28, 2012)
12-713. Nancy Todd, an Individual, and Nancy Todd's Poker Palace and Entertainment
Venues, LLC v. Mark Martin, Secretary of State of the State of Arkansas, in His Official
Capacity Only, an Original Action. Requests for oral argument are granted. Brown, J., not
participating.
12-720. John Westwood, M.D. v. Honorable David H. McCormick, Circuit Judge, and the
Circuit Court of Yell County, Arkansas, from Yell Circuit, Southern District. Motion for
expedited ruling on petition and application for temporary relief is granted. Petition and
application for temporary relief is denied. Petition for writ of certiorari is denied without
prejudice. (Proceedings of September 4, 2012)
ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
MOTIONS SUBMITTED
PETITION FOR REVIEW:
12-558. Hollie Henderson and Tommy Smith v. Arkansas Department of Human Services
and Minor Children, from Conway Circuit.
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12-689. Ed Blalock v. Claudette Blalock, from Washington Circuit. Pro se petition for writ
of certiorari to complete the record on appeal and/or for motion for rule on clerk.
12-702. Daisy Jackson v. Chesapeake Life Insurance Company, Angelo Arnold, and Karen
Blanton, from Pulaski Circuit, Sixteenth Division. Petitioner's motion to proceed in forma
pauperis on appeal.
12-713. Nancy Todd, an Individual, and Nancy Todd's Poker Palace and Entertainment
Venues, LLC v. Mark Martin, Arkansas Secretary of State, in his Official Capacity, an
Original Action. Intervenor's motion for special master.
ARKANSAS SUPREME COURT
PROCEEDINGS OF SEPTEMBER 6, 2012
SUBMISSIONS
12-647. Arkansas Hotels and Entertainment, Inc. v. Mark Martin, Arkansas Secretary of
State, in His Official Capacity, an Original Action. Argued orally.
11-1061. DIRECTV, Inc., et al. v. Jo Murray, Individually and on Behalf of an Arkansas
Class of Similarly Situated Persons, from Miller Circuit. Argued orally.
11-612. Ford Motor Company v. Paulette R. Washington, from Jefferson Circuit.
11-793. Laketha Brown Fluker et al. v. Helena-West Helena School District et al., from
Phillips Circuit.
11-1106. Kenneth O. Nicholson et al. v. Upland Industrial Development Company and
Seeco, Inc., from White Circuit.
11-1196. Laura Neal, Individually and as Administratrix of the Estate of Arvilla Langston,
Deceased; David Langston; and Lelia Branch v. Sparks Regional Medical Center, from
Sebastian Circuit, Fort Smith District.
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