Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 JIM HANNAH, CHIEF JUSTICE CV-12-1131. Dr. Pittman Moore, M.D.; Moore Surgical Arts & Gynecology, PLLC; The Moore Clinic for Women’s Health, LLC; Phillips Hospital Corporation d/b/a Helena Regional Medical Center v. The Circuit Court of Phillips County, Arkansas, from Phillips County Circuit Court. Petition for writ of certiorari, or, alternatively for writ of prohibition. Writ of prohibition denied; writ of certiorari denied without prejudice. CV-13-42. Opal Corn and L.B. Corn v. Farmers Insurance Co., Inc., from Washington County Circuit Court. Affirmed. Hart and Hoofman, JJ., dissent. PAUL E. DANIELSON, JUSTICE CR-13-270. Richard Ingram v. State of Arkansas, from Jackson County Circuit Court. Affirmed. Baker and Hart, JJ., concur. CLIFF HOOFMAN, JUSTICE CR-13-588. Patrick J. Benca v. Benton County Circuit Court, from Benton County Circuit Court. Affirmed. PER CURIAM OPINION CR-11-1138. Roger Lemaster v. State of Arkansas, from Lonoke County Circuit Court. Affirmed in part; reversed and remanded in part.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 PER CURIAM ORDERS REHEARING DENIED: Petition for rehearing was denied today in the following case. CV-13-135. Gulfco of Louisiana, Inc., d/b/a Tower Loan of Springhill, Louisiana v. MacArthur Brantley and Pamela Brantley, from Columbia County Circuit Court. ****************************** REVIEWS DENIED: Petitions for review were denied today in the following cases. CV-13-812. Mercy Health System of Northwest Arkansas v. Dr. Lisa McGraw, from Benton County Circuit Court. CV-13-823. Steven Lynn Williams v. Office of Child Support Enforcement, from Garland County Circuit Court. CV-13-846. Kevin Brewer v. Arkansas Sex Offender Assessment Committee, from Pulaski County Circuit Court, Thirteenth Division. CV-13-874. Antoine B. Gage v. Director et al., from Arkansas Board of Review. CV-13-920. Emily Dodd (Raff) v. Caleb Gore, from Benton County Circuit Court. ****************************** CR-12-60. Terry Edward Hayes v. State of Arkansas, from Washington County Circuit Court. Remanded to settle the record. See per curiam this date. CR-12-475. Steven J. Russell, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Motion for appointment of counsel by the Court for representation of appellant is denied without prejudice subject to filing affidavit of indigency with this Court. CR-12-759. Brandon Carter v. State of Arkansas, from Columbia County Circuit Court. Motion to rebrief appeal is denied. Hart, J., would grant.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 PER CURIAM ORDERS CV-13-919. John K. Kelly v. Christian Snowden Kelly, from Pulaski County Circuit Court, Seventeenth Division. Appellant's motion to correct record is granted. Corrected record due within thirty days. CV-13-955. Theresa Roeder, as the Administratrix of the Estate of Esther Kay Roeder, Deceased, and On Behalf of the Wrongful Death Beneficiaries of Esther Kay Roeder; Tara Roeder, as the Administratrix of the Estate of Bruce Wayne Roeder, and On Behalf of the Wrongful Death Beneficiaries of Bruce Wayne Roeder; and Tara Roeder, as the Administratrix of the Estate of Deborah Busby Roeder, and On Behalf of the Wrongful Death Beneficiaries of Deborah Busby Roeder v. United States of America; James S. Watson, In His Individual and Official Capacity; Gloria Maples Chrismer, In Her Individual and Official Capacity; Normal L. Wagoner, In His Individual and Official Capacity; James B. Kozik, In His Individual and Official Capacity, and John Does 1-5, In Their Individual and Official Capacity, from the United States District Court, Western District of Arkansas, Hot Springs Division. Certified question accepted. See per curiam this date. CR-10-53. Derek Sales v. State of Arkansas, from Bradley County Circuit Court. Pro se motion for rebriefing and new counsel in appeal of denial of postconviction relief under Arkansas Rule of Criminal Procedure 37.5. Pro se motion for rebriefing and request for new counsel moot. CR-10-365 . Brian Charland v. State of Arkansas, from Carroll County Circuit Court, Eastern District. Pro se petition to reinvest jurisdiction in the circuit court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. CR-10-545. Mickey David Thomas v. State of Arkansas, from Sevier County Circuit Court. Pro se motion for new counsel in appeal of denial of postconviction relief under Arkansas Rule of Criminal Procedure 37.5. Pro se motion for appointment of counsel denied. CR-12-631. Robert Preston Clayton v. State of Arkansas, from Arkansas County Circuit Court, Northern District. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. CR-12-684. Joe Morgan v. State of Arkansas, from Pulaski County Circuit Court, First Division. Pro se petition for rehearing of dismissal of appeal. Pro se petition for rehearing treated as motion for reconsideration of dismissal of appeal and denied.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 PER CURIAM ORDERS CR-12-822. Jessie Hill v. State of Arkansas, from Ouachita County Circuit Court. Pro se motion for reconsideration of dismissal of appeal. Denied. CR-13-151. Tommy Hall v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk to proceed without certified record. Motion denied. CR-13-507 . Kenneth Ray Pitts v. State of Arkansas, from Pulaski County Circuit Court, Sixth Division. Pro se motion to file a belated appeal, to quash subpoena, and to reply to notice of appeal; motion to quash subpoena and for transcript to be released; motion for appointment of counsel; motion for certificate of appealability and for appointment of counsel; second motion for certificate of appealability and for appointment of counsel; motion for extension of time to file brief; petition for leave to proceed in forma pauperis; second motion for extension of time to file brief and motion to file a belated brief. Appeal dismissed; motions moot. See per curiam this date. CR-13-517 . James Edward Green, Jr. v. State of Arkansas, from Drew County Circuit Court. Pro se motion for report on status of appeal; motion for appointment of counsel; motions for extension of time to file reply brief; motions for investigation into pro se inmates access to the courts; motion to compel state to use proper communication and correspondence; motion for injunctive relief; motions to expedite appeal; motion to request additional justice slots; amended motion for all state actors to show restraint; motion for media access; motion for equal treatment and equal protection. Order affirmed; motions moot. See per curiam this date. CR-13-713. Kirk Demeyer v. State of Arkansas, from Baxter County Circuit Court. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. CR-13-749. Myron Newjean Anderson v. State of Arkansas, from Ashley County Circuit Court. Pro se motion to withdraw appeal. Motion granted. CV-11-106. Kenneth Ray Pitts v. Ray Hobbs, Director, Arkansas Department of Correction and Gleenover Knight, Records Supervisor, Arkansas Department of Correction, from Lincoln County Circuit Court. Pro se motion for leave to file amended complaint and pro se appeal. Appeal affirmed; motion dismissed. See per curiam this date.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 PER CURIAM ORDERS CV-13-195. Chariell Ali Glaze v. Ray Hobbs, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Pro se appellant’s motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. CV-13-41. Eric C. Burgie v. Ray Hobbs, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Pro se motion for reconsideration. Denied. In Re Judges and Lawyers Assistance Program. See per curiam this date.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 MOTIONS SUBMITTED PETITION FOR REHEARING: CV-12-1043. LegalZoom.com, Inc. v. Jonathan McIllwain, from Pope County Circuit Court. ****************************** PETITIONS FOR REVIEW: CV-13-847. Mary Berryhill v. Frances Synatzske and Bryan Huffman, as Special Administrator of the Estate of Frances Synatzske, from Hot Spring County Circuit Court. CV-13-851. Julia Hartsfield, Emily Hartsfield, and Gayle Fisher v. Deanna Blann, Sarah Blann, Thomas Edwin Blann, and Simmons First Trust Company, N.A., from Union County Circuit Court. CV-13-884. Kristie Michele Cervantes v. Jeremy G. Cervantes, from Lonoke County Circuit Court. ****************************** CV-13-592. Jesse Venable et al. v. Fred's, Inc., et al., from Desha County Circuit Court. Appellants’ motion for reassignment to the Arkansas Supreme Court. CV-13-949. Kimberly Rae Stibich v. Adam S. Stibich, from Garland County Circuit Court. Motion for rule on clerk with tendered petition for writ of certiorari. CV-13-982. Mary Elizabeth Johnston, Arkansas Bar No. 78217 v. Stark Ligon, as Executive Director, Committee on Professional Conduct, an Original Action. Petition for surrender of license (resignation). D-13-150. Stark Ligon, as Executive Director, Committee on Professional Conduct v. John Skylar (Sky) Tapp, Arkansas Bar No. 76123, an Original Action. Petition of John Skylar Tapp for reinstatement pro tempore in order to defend capital murder client.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 7, 2013 CASES SUBMITTED CV-13-76. John Moix v. Libby Moix, from Pulaski County Circuit Court, Seventeenth Division. Orally argued. CR-12-721. Billy Dale Green v. State of Arkansas, from Randolph County Circuit Court. CV-12-261. Davis Tillman, Special Administrator of the Estates of Rodney Nickle Tillman and Rebecca Ann Tillman, Deceased v. Raytheon Company, Individually, and As Successor in Interest to Raytheon Aircraft Company; Hawker Beechcraft Corporation; Hawker Beechcraft, Inc.; and Beech Aircraft Corporation, from Garland County Circuit Court. CV-13-456. Mark Adams and Kathy Adams, Individually and On Behalf of All Others Similarly Situated v. Cameron Mutual Insurance Company, from United States District Court, Western District of Arkansas, Fort Smith Division. CV-13-467. Diamante, A Private Membership Golf Club, LLC v. Gary Dye and Linda Dye, from Saline County Circuit Court.