Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF SEPTEMBER 13, 2012 JIM HANNAH, CHIEF JUSTICE: 11-612. Ford Motor Company v. Paulette R. Washington, from Jefferson Circuit. Appeal dismissed without prejudice. JIM GUNTER, JUSTICE: 11-1106. Kenneth O. Nicholson et al. v. Upland Industrial Development Company and Seeco, Inc., from White Circuit. Affirmed. Baker, J., not participating. PAUL E. DANIELSON, JUSTICE: 11-793. Laketha Brown Fluker; Bettye Hendrix; Essie Jones; Dick Hendrix; Elizabeth Renee Valley; Tommy Hunt; Ollie Rayford; Otis W. Howe; Darlene Mayweather; Jared Zeiser; Monty Wiggins; Eugene Johnson; Wesley N. Freemyer; Alice Valley; Alan J. Levine; Dorothy Franklin; Eddie Schieffler; Elijah Valley; Barbara King; Leola Jamerson; Vance St. Columbia; Lorenzo Valley; Joe St. Columbia; Latoya Bryant; Johnny McKenzie; Mark Fitzpatrick; Larry Crumby; Constance Jarrett; Rev. Rockey Starnes; Maxine Ball; Robert Lee; Linda Whitfield; Billy Ray; Lewis O’Neal; Laymon Piercy; Fannie M. O’Neal; Larry Johnston; Derrick Fluker; Cathy Cunningham; Jacqueline Boles; Mindy Maupin; Katheenya Mills; Sharon Greene; Eddie Calhoun; Undraye Wilson; Pam Hall; Ramon Burgess; Betty Hill; Shala Burgess; Watson Light; Rev. Larry Edwards; Laurie Light; Walter Ann Nelson; Kimberly Light; Rotondra Ross; Wanda Crockett; Ruby Hardinson; and Evelyn Lewis, Individually and for and on Behalf of Themselves and Others Similarly Situated v. Helena- West Helena Public School District; Lionell Moss, Rayne Gordon, Raymond Simes, Jesse Smith, Bobby Jones, C. R. Walker, and Larry Wilson, as Members of its Board of Directors; Linda Faye White, in Her Capacity as County Clerk; the Phillips County Election Commission; and Joann Smith, as Chair of the Phillips County Election Commission, from Phillips Circuit. Affirmed. COURTNEY HUDSON GOODSON, JUSTICE: 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. Affirmed.

ARKANSAS SUPREME COURT PROCEEDINGS OF SEPTEMBER 13, 2012 PER CURIAM ORDERS REVIEW DENIED: Petition for review was denied today in the following case. 12-558. Hollie Henderson and Tommy Smith v. Arkansas Department of Human Services and Minor Children, from Conway Circuit. Brown, J., not participating. ****************************** 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 is granted. Brown, J., not participating. 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 is denied. Brown, J., not participating. 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. Petitioner's motion for leave to file a brief in response to briefs submitted in this case on behalf of Intervenor and Respondent is denied. (Proceedings of September 6, 2012) 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 is taken with the case. Brown, J., not participating. 12-740. Jerry Cox v. Mark Martin, Secretary of State of the State of Arkansas, in His Official Capacity Only, an Original Action. Motion to expedite is granted. Original Petition for Determination of Legal Sufficiency of a Proposed Initiated Act is taken as a case. Simultaneous briefs are due by noon on Wednesday, September 12, 2012. Motion of Daniel Hankins and Melissa Fults, Individually and on Behalf of Arkansans for Compassionate Care to intervene is granted. (Proceedings of September 6, 2012) 12-740. Jerry Cox v. Mark Martin, Secretary of State of the State of Arkansas, in His Official Capacity Only, an Original Action. Motion to amend scheduling order to allow reply brief and request for oral argument is denied. Brown, J., not participating. CR04-630. David Earl Henderson v. State of Arkansas, from Washington Circuit. Pro se motion for production of documents. Motion treated as motion for photocopying at public expense and denied. Brown, J., not participating.

ARKANSAS SUPREME COURT PROCEEDINGS OF SEPTEMBER 13, 2012 PER CURIAM ORDERS CACR05-241. Isaac Dewayne Russell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and motions to supplement and requesting copies at state expense. Motion to supplement granted; petition to reinvest jurisdiction dismissed; motion for copies moot. See per curiam this date. Brown, J., not participating. CR12-83. Dwight L. Ford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to withdraw appeal and/or to refile in proper jurisdiction, and/or to request this court to retain jurisdiction over habeas. Granted as to withdrawal of appeal and moot as to other relief sought. Appeal dismissed. Brown, J., not participating. CR12-433. Chariell Ali Glaze v. Hon. David Reynolds, Circuit Judge, from Faulkner Circuit. Pro se petition for writ of mandamus and application for writ of prohibition. Petition for mandamus denied in part and amended response requested in part; application for writ of prohibition denied. See per curiam this date. Brown, J., not participating. CR12-487. Roy Lee Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motion for belated appeal of order. Remanded. See per curiam this date. Brown, J., not participating. 12-179. Larry Wayne Stephens v. Ray Hobbs, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to file a supplemental brief. Motion denied; appeal dismissed. See per curiam this date. Brown, J., not participating. In Re Supreme Court Committee on Model Jury Instructions–Civil. See per curiam this date. We reappoint the following members to our Supreme Court Committee on Model Jury Instructions–Civil: the Honorable J. Michael Fitzhugh of Fort Smith, Circuit Judge, 12th Judicial Circuit; Stephen R. Lancaster, Esq., of Little Rock; and Morgan E. Welch, Esq., of North Little Rock. Their three-year terms will expire on September 30, 2015. We appreciate the willingness of these members to continue their service to this important board.

ARKANSAS SUPREME COURT PROCEEDINGS OF SEPTEMBER 13, 2012 MOTIONS SUBMITTED CR12-344. Simon Eric Reed v. State of Arkansas, from Faulkner Circuit. Resubmission of motion previously filed for rule on clerk. CR12-397. State of Arkansas v. Kendrick Robinson, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss the State's appeal and, in the alternative, a motion requesting an extension of time to file the appellee's brief. CR12-745. Tevin A. Bradley v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of John Wesley Hall for substitution of counsel on behalf of appellant. CR12-745. Tevin A. Bradley v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Ronald Carey Nichols to withdraw as counsel on behalf of appellant. CR12-750. Russell Hudson v. State of Arkansas, from Faulkner Circuit. Motion to proceed in forma pauperis. CR12-753. William J. Sellers v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk. 05-501. Stark Ligon, Executive Director, Committee on Professional Conduct v. Fred D. Davis, III, Arkansas Bar ID No. 72033, from Committee on Professional Conduct. Petitioner's motion for oral argument. 11-1168. Falcon Cable Media LP et al. v. Arkansas Public Service Commission, from Pulaski Circuit, Third Division. Appellee's motion to strike. 12-748. Charles R. Morris v. Susie K. Morris, from Sevier Circuit. Motion for rule on clerk.

ARKANSAS SUPREME COURT PROCEEDINGS OF SEPTEMBER 13, 2012 CASE SUBMITTED 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. Argued orally. 11-1298. Patricia Cannady, Individually and as Administratrix of the Estate of Anne Pressly, Deceased v. St. Vincent's Infirmary Medical Center, Jay Holland, M.D.; Candida Griffin; and Sarah Elizabeth Miller, from Pulaski Circuit, First Division. Argued orally. CR11-884. Walter Lee Walton v. State of Arkansas, from Sebastian Circuit, Fort Smith District. CR11-1010. Ken Allen Moore v. State of Arkansas, from Saline Circuit. CR11-1171. Osires Guevara v. State of Arkansas, from Benton Circuit. 12-379. Linda L. Young v. Arkansas Department of Human Services, Tim Sexton, Danielle Sexton, and Minor Child, from Washington Circuit. Opinions are available on the Internet at http://courts.arkansas.gov