ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
JIM HANNAH, CHIEF JUSTICE
CV-14-786. Ola Rose Gafford and Randy Gafford v. Allstate Insurance Company, from
the United States District Court for the Eastern District of Arkansas, Western Division.
Certified
question
answered.
Special
Justice
Sam
Bird
joins
in
this
opinion.
Baker,
Goodson, and Hart, JJ., concur. Danielson, J., not participating.
PAUL E. DANIELSON, JUSTICE
CR-13-389. Christopher Beverage v. State of Arkansas, from Jefferson County Circuit
Court. Affirmed in part; reversed and remanded in part. Baker and Hart, JJ., dissent in
part; concur in part. Goodson, J., dissents.
KAREN R. BAKER, JUSTICE
CR-11-556. Cristobal Mancia v. State of Arkansas, from Benton County Circuit Court.
Affirmed.
CV-14-542. Ray Hobbs, in His Official Capacity as Director, Arkansas Department of
Correction;
and
Arkansas
Department
of Correction
v.
Jason
McGehee,
Don
Davis,
Stacey
Johnson,
Jack
Jones,
Terrick
Nooner,
Andrew
Sasser,
Bruce
Ward,
Kenneth
Williams
and
Marcel
Williams,
from
Pulaski
County
Circuit
Court,
Fifth
Division.
Reversed on direct appeal; affirmed on cross-appeal. Hannah, C.J., and Danielson and
Wynne, JJ., concur in part; dissent in part.
COURTNEY HUDSON GOODSON, JUSTICE
CR-14-136. Naeem Rasul v. State of Arkansas, from Pulaski County
Circuit Court,
Fourth Division. Affirmed.
JOSEPHINE LINKER HART, JUSTICE
CR-14-211. Quenton Vernard Jones v. State of Arkansas, from Pulaski County Circuit
Court, First Division. Reversed and remanded.
PER CURIAM OPINIONS
CR-14-736. Omar Perez v. State of Arkansas, from Benton County Circuit Court. Appeal
dismissed.
CV-14-614.
Michael
S.
Griffis
v.
Ray
Hobbs,
Director,
Arkansas
Department
of
Correction, from Lee County Circuit Court. Affirmed.
CV-14-641. Morris Dean Davis v. State of Arkansas, from Lincoln County Circuit Court.
Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
PER CURIAM ORDERS
REVIEW GRANTED: Petition for review was granted today in the following case.
CV-15-126. David Lineham v. Sarah Rachel Hyde et al., from Logan County Circuit
Court.
******************************
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR-15-137. Stanley Ray Hunt II v. State of Arkansas, from Faulkner County Circuit
Court.
CV-14-957.
Ralph
Trezza
v.
USA
Truck,
Inc.,
from
the
Arkansas
Workers’
Compensation Commission. Baker and Hart, JJ., would grant.
******************************
CR-07-1155. Steven
Wertz v.
State of Arkansas, from Sharp County Circuit
Court.
Motion to expedite is granted. Goodson, J., not participating.
CR-07-1155. Steven
Wertz v.
State of Arkansas, from Sharp County Circuit Court.
Motion for permission to be recognized as counsel on behalf of movant/petitioner is
granted. Goodson, J., not participating.
CR-07-1155. Steven
Wertz v.
State of Arkansas, from Sharp County Circuit Court.
Motion for leave to file overlength motion is granted. Goodson, J., not participating.
CR-13-438. Edward Lee Thompson III v. State of Arkansas, from Pulaski County Circuit
Court, Seventh Division. Rebriefing ordered. Hannah, C.J., and Wood, J., concur. See
per curiam this date.
CR-14-760. Susan Houghton v. State of Arkansas, from Johnson County Circuit Court.
Rebriefing ordered. See per curiam this date.
CR-14-794. Donald D. Dickey v. State of Arkansas, from Izard County Circuit Court.
Motion for compliance with Ark. Sup. Ct. R. 4-3(i) is granted. Appellant’s brief in
compliance due in thirty days.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
PER CURIAM ORDERS
CR-14-1019. Andrew M. Holland v. State of Arkansas, from Pulaski County Circuit
Court, Seventh Division. Appellant’s motion for permission to file a supplemental brief is
granted.
CR-14-1019. Andrew M. Holland v. State of Arkansas, from Pulaski County Circuit
Court, Seventh Division. Appellee’s motion for permission to file supplemental brief is
granted.
CV-14-1059. Cheri Suzanne McCoy v. Vernon Jeffrey Kincade, from Baxter County
Circuit Court. Motion for leave to file supplemental briefs is granted. Goodson and
Wynne, JJ., not participating.
CV-15-126. David Lineham v. Sarah Rachel Hyde et al., from Logan County Circuit
Court.
Motion
to
take
judicial
notice
of
this
Court’s
subsequent
authority
in
In
Re
Guardianship
of
S.H.,
2015
Ark.
App.
38,
regarding
David
Lineham’s
petition
for
review. Noted.
CR-82-121. Roosevelt Abernathy v. State of Arkansas, from Pulaski County Circuit
Court, Fifth Division. Pro se petition to reinvest jurisdiction in the trial court to consider a
petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1
and motion to introduce exhibits as evidence. Petition dismissed; motion moot. See per
curiam this date.
CR-14-640. Arbury Charles Bowerman v. State of Arkansas, from Logan County Circuit
Court. Pro se motion for extension of time to file appeal brief. Motion granted; brief due
twenty-one days from the date of this per curiam order (final extension).
CV-14-1063. Richard D. Basnett v. United Fire and Casualty Company, from Carroll
County Circuit Court. Pro se petition for writ of certiorari; pro se motion for appointment
of counsel. Petition for writ of certiorari with petition for leave to proceed in forma
pauperis denied; motion for appointment of counsel moot.
CV-14-1098.
Demetrius
Curtis
v.
Ray
Hobbs,
Director,
Arkansas
Department
of
Correction, from Chicot County Circuit Court. Pro se petition for writ of certiorari and
motion to file a belated brief. Appeal dismissed; motion and petition moot. See per
curiam this date.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
PER CURIAM ORDERS
In Re Arkansas Supreme Court Committee on Criminal Practice. See per curiam this
date.
Honorable
Phil
Smith
of
Pocahontas,
Circuit
Judge,
Third
Judicial
Circuit;
Hon.
Daniel
Shue
of
Fort
Smith,
Prosecuting
Attorney,
12th
Judicial
Circuit;
Hon.
Don
McSpadden
of
Batesville,
Prosecuting
Attorney, 16th Judicial Circuit; Darnisa Johnson, Esq., of Little Rock; and
John Everett, Esq., of Fayetteville, are appointed to the Committee on
Criminal Practice for three-year terms to expire on January 31, 2018. We
thank them for accepting appointment to this important committee.
Honorable
Stephen
Tabor
of
Fort
Smith,
Circuit
Judge,
12th
Judicial
Circuit, and Hon. Grisham Phillips of Benton, Circuit Judge, 22nd Judicial
Circuit, are reappointed to the Committee on Criminal Practice for three-
year
terms
to
expire
on
January
31,
2018.
We
thank
them
for
their
continued service.
We express our gratitude to the following members, whose terms have
expired, for their years of dedicated service to the Committee on Criminal
Practice: Judge Duncan Culpepper of Prescott; Judge Marion Humphrey of
Little Rock; Vada Berger, Esq., of Little Rock; Ellen Reif, Esq., of Little
Rock; and Jack Lassiter, Esq., of Little Rock.
We note with appreciation Judge Culpepper’s service as the chair of the
committee and designate Judge Smith to succeed him.
In
Re
Arkansas
Supreme
Court
Committee
on
Criminal
Practice-Arkansas
Rule
of
Appellate Procedure-Crim. 2 and Arkansas Rule of Criminal Procedure 37.2. See per
curiam this date.
In Re Supreme Court Committee on Unauthorized Practice of Law. See per curiam this
date.
J.T. Skinner, Esq., of Batesville, First Congressional District, is
appointed to the Supreme Court Committee on the Unauthorized Practice of
Law for a three-year term to expire on May 31, 2018. The court thanks Mr.
Skinner for accepting appointment to this important committee.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
PER CURIAM ORDERS
James Streett, Esq., of Russellville, Third Congressional District,
and Mr. Randy Hyde of Little Rock (at-large position) are reappointed to
the Supreme Court Committee on the Unauthorized Practice of Law for
terms to expire on May 31, 2017. The court thanks these members for their
continued service.
The court expresses its gratitude to Judge Chris Morledge of Forrest
City for his service to the committee.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CR-15-121. Travis Klint Perrigen v. State of Arkansas, from Garland County Circuit
Court.
CV-14-977. Louis A. Sheppard v. Arkansas Alcoholic Beverage Control Board, from
Pulaski County Circuit Court, Sixth Division.
CV-14-1000. G. Mason Cozart, Larry Buttram & Dynareps Investment Group v. Louise
Logue, from Pulaski County Circuit Court, Seventeenth Division.
CV-14-1003. Vicky Dewey v. Director et al., from the Arkansas Board of Review.
******************************
CR-14-818. John Chad Griffin v. State of Arkansas, from Clark County Circuit Court.
Motion to remand and settle the record.
CR-15-3. Jimmy Paul Pickle v. State of Arkansas, from Craighead County Circuit Court,
Western Division. Appellee’s motion for permission to file supplemental brief.
CR-15-3. Jimmy Paul Pickle v. State of Arkansas, from Craighead County Circuit Court,
Western Division. Arkansas Game and Fish Commission’s request for permission to file
amicus curiae brief previously submitted to the Arkansas Court of Appeals.
CR-15-174. James Johnson III v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division.
Motion to be relieved as attorney for appellant and stay
briefing
schedule.
CV-14-535.
Larry
W.
Walther,
Director,
Arkansas
Department
of
Finance
and
Administration
v.
Weatherford
Artificial
Lift
Systems,
from
Pulaski
County
Circuit
Court, Sixth Division. Appellant’s motion to reassign case to the Supreme Court.
CV-14-585. In Re Sheila Russell, Court Reporter; James Tree and Crane Service, Inc.
and
Roger
Williams
v.
Terri
Fought,
from
Pulaski
County
Circuit
Court,
Twelfth
Division. Motion of Lloyd W. “Tre” Kitchens to intervene or otherwise be heard on
behalf of Marlow Properties, LLC, and Daria Marlow.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
MOTIONS SUBMITTED
CV-14-1011. Arkansas Department of Veterans Affairs v. Darlene Okeke et al., from
Pulaski County Circuit Court, Third Division. Appellees’ motion for extension of time to
file brief.
CV-14-1011. Arkansas Department of Veterans Affairs v. Darlene Okeke et al., from
Pulaski County Circuit Court, Third Division. Appellant’s motion to supplement the
abstract and file a substituted brief.
CV-15-27. Arkansas Highway & Transportation Department v. O.J.’s Service Two, Inc.,
from Pulaski County Circuit Court, Twelfth Division. Petition for writ of certiorari to
complete the record.
CV-15-197. SEECO, Inc. n/k/a SWN Production (Arkansas), Inc. v. Eldridge Snow, from
Conway County Circuit Court. Motion for stay pending appeal and memorandum of
authorities.
CV-15-197. SEECO, Inc. n/k/a SWN Production (Arkansas), Inc. v. Eldridge Snow, from
Conway
County
Circuit
Court.
Supplemental
motion
for
stay
pending
appeal
and
memorandum of authorities.
CV-15-197. SEECO, Inc. n/k/a SWN Production (Arkansas), Inc. v. Eldridge Snow, from
Conway County Circuit Court. Motion to consolidate and memorandum of authorities.
CV-15-198. SEECO, Inc. n/k/a/ SWN Production (Arkansas), Inc., DeSoto Gathering
Company, LLC, and Southwestern Midstream Services Company v. Sara Stewmon, from
St. Francis County Circuit Court. Appellant’s motion to consolidate with CV-15-197 -
SEECO, Inc. v. Eldridge Snow.
CV-15-215. Joanne Amy Doughty v. Richard William Douglas, from Garland County
Circuit Court. Motion to dismiss appellant’s appeal.
D-15-208. In Re Andrew Marsh, Arkansas Bar No. 2010044. Petition
for voluntary
surrender of license (resignation).
D-15-217.
In
Re
Sara
Falkinham,
Arkansas
Bar
No.
99220.
Petition
for
voluntary
surrender of license (resignation).
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 19, 2015
CASES SUBMITTED
CV-14-12. Bob Allen McCleskey, Individually and as a Representative of All Similarly
Situated Taxpayers Who Pay Ad Valorem School Taxes for the Support of the Fountain
Lake School District; the Fountain Lake School District; Jason Morris, Individually and
as a Representative of All Similarly Situated Taxpayers Who Pay Ad Valorem School
Taxes for the Support of the Eureka School District; and the Eureka Springs School
District
v.
Thomas
W.
Kimbrell,
Commissioner
of
the
Arkansas
Department
of
Education; the Arkansas Department of Education; and Charles Robinson, the Treasurer
of the State of Arkansas (Only in His Official Capacity), from Pulaski County Circuit
Court, Sixth Division. Orally argued.
CR-93-427. Sherman D. Noble v. State of Arkansas, from Jefferson County Circuit
Court.
CR-14-857. Herman L. White v. State of Arkansas, from Hempstead County Circuit
Court.
CV-14-816.
Harold
W.
Planchon
v.
Local
Police
&
Fire
Retirement
System,
from
Washington County Circuit Court.
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