ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
JIM HANNAH, CHIEF JUSTICE
CR-14-934.
State
of
Arkansas
v.
Christopher
Brashers,
from
Independence
County
Circuit Court. Dismissed. Hart, J., concurs.
CV-14-648. Richard G. Gawenis v. Arkansas Oil & Gas Commission and SEECO, Inc.,
from Van Buren County Circuit Court. Affirmed. Special Justices Sarah Capp and
Dustin Jones join in this opinion. Hart, J., dissents. Danielson and Baker, JJ., not
participating.
COURTNEY HUDSON GOODSON, JUSTICE
CR-14-529. Desmond Evans v. State of Arkansas, from Union County Circuit Court.
Affirmed.
JOSEPHINE LINKER HART, JUSTICE
CV-14-250. Ken David Swindle v. Southern Farm Bureau Casualty Insurance Company,
from Benton County Circuit Court. Affirmed in part; reversed in part; court of appeals
opinion vacated. Special Justice Warren E. Dupwe joins in this opinion. Hannah, C.J.,
and
Danielson
and
Wood,
JJ.,
concur
in
part
and
dissent
in
part.
Wynne,
J.,
not
participating.
CV-14-618. Diamante, LLC v. Gary Dye and Linda Dye, from Saline County Circuit
Court. Reversed and remanded. Special Justice David Sterling joins. Special Justice
Paul Byrd dissents. Danielson and Wood, JJ., not participating.
RHONDA K. WOOD, JUSTICE
CR-14-1060. Edmond McClinton v. State of Arkansas, from Jefferson County Circuit
Court. Affirmed. Danielson, J., concurs.
ROBIN F. WYNNE, JUSTICE
CR-14-577. Rufus Barner v. State of Arkansas, from Pulaski County Circuit Court, First
Division. Affirmed.
PER CURIAM OPINIONS
CR-14-701. Billy Culbertson v. State of Arkansas, from Lonoke County Circuit Court.
Affirmed.
CR-14-929. Raymond Sanders v. State of Arkansas, from Hot Spring County Circuit
Court. Appeal dismissed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
CR-14-1083. Danny Stalnaker v. State of Arkansas, from Saline County Circuit Court.
Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
PER CURIAM ORDERS
REVIEW GRANTED: Petition for review was granted today in the following case.
CV-15-194. City of Siloam Springs, Arkansas v. La-De, LLC et al., from Benton County
Circuit Court. Hannah, C.J., and Danielson, J., would deny.
******************************
REVIEW DENIED: Petition for review was denied today in the following case.
CV-15-230. Azzore Veterinary Specialist, LLC v. Mario Hodgson, from Pope County
Circuit Court.
******************************
CR-15-266. William Dewey Gill v. State of Arkansas, from White County Circuit Court.
Motion
to
allow
supplemental
briefing
by
appellant
is
granted.
Hannah,
C.J.,
not
participating.
CR-15-266. William Dewey Gill v. State of Arkansas, from White County Circuit Court.
Motion to proceed in forma pauperis is denied. Hannah, C.J., not participating.
CR-15-266. William Dewey Gill v. State of Arkansas, from White County Circuit Court.
Appellant’s request for oral argument is granted. Hannah, C.J., not participating.
CR-15-388. Jacqueline Ferguson v. State of Arkansas and Lonoke County Circuit Court,
from Lonoke County Circuit Court. Motion for release or setting of reasonable bond
pending appeal is denied without prejudice. Baker and Hart, JJ., would grant.
CR-15-388. Jacqueline Ferguson v. State of Arkansas, from Lonoke County Circuit
Court. Motion to seal the record is granted.
CR-15-388. Jacqueline Ferguson v. State of Arkansas, from Lonoke County Circuit
Court. Motion for expedited consideration of motion to seal the record is granted.
CV-14-427. Nathaniel Smith, MD, MPH, et al. v. M. Kendall Wright et al., from Pulaski
County Circuit Court, Second Division. State Defendants-Appellants' motion for oral
argument is denied.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
PER CURIAM ORDERS
CV-14-427. Nathaniel Smith, M.D., et al. v. M. Kendall Wright et al., from Pulaski
County Circuit Court, Second Division. Appellees' motion for the immediate lifting of
stay is denied.
CV-14-427. Nathaniel Smith, MD, MPH, et al. v. M. Kendall Wright et al., from Pulaski
County Circuit Court, Second Division. Appellees'
motion and amended
motion to
withdraw their February 17, 2015 response to per curiam, 2015 Ark. 38, and to dismiss
CV-15-227 as moot. Moot.
CV-14-474. The Pyramid Life Insurance Company v. William P. Parsons and Holline
Parsons,
from
Crawford
County
Circuit
Court.
Status
report
regarding
settlement.
Noted. Parties to report status within six months.
CV-14-535.
Larry
W.
Walther,
in
His
Official
Capacity
as
Director,
Arkansas
Department of Finance and Administration v. Weatherford Artificial Lift Systems, from
Pulaski County Circuit Court, Sixth Division. Appellee's motion requesting the court to
take judicial notice of adjudicative facts and memorandum of authorities is denied.
CV-15-228. Theodore A. Anderson v. Wendy Kelley, Director, Arkansas Department of
Correction, from Lincoln County Circuit Court. Appellee's motion to dismiss, or, in the
alternative, motion for an extension of time in which to file brief. Motion to dismiss is
denied. Appellee’s motion for an extension of time is granted. Brief due in thirty days.
CV-15-264. James McCafferty v. The Oxford American Literary Project, Inc., from
Pulaski County Circuit Court, Sixteenth Division. Petition for relief pending disposition
of writ of certiorari to compel production of certified record on appeal. Petition denied
with instructions. W.W. McFarland is authorized to prepare the record in this appeal;
once appellant has made financial arrangements with McFarland, McFarland is directed
to consolidate the parts of the record that have been tendered with sequential pagination
with the record to include the omitted Attorney General’s opinion.
CV-15-408. Bud Anderson Heating & Cooling, Inc. v. James Clark et al., from Benton
County Circuit Court. Motion for rule on clerk is denied.
CR-15-162. Joe E. Butler v. State of Arkansas, from Pulaski County Circuit Court,
Second Division. Pro se motion for reconsideration. Denied.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
PER CURIAM ORDERS
CR-15-192. Matthew Williams v. State of Arkansas, from Pike County Circuit Court.
Pro se motion for copy of record on appeal and motion to file a belated brief. Motion for
copy of the record moot; motion to file belated brief granted; tendered brief filed as of the
date of this per curiam order.
CV-15-181. Kelvin Ray Love v. Ray Hobbs, Director, from Jefferson County Circuit
Court. Pro se motion for stay or extension to file brief. Appeal dismissed; motion moot.
CV-15-223. Charles Edward Jones v. Ray Hobbs, Director, Arkansas Department of
Correction, from Chicot County Circuit Court. Pro se motion to duplicate copies at state
expense. Appeal dismissed; motion moot. See per curiam this date.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR-14-798. Robert G. Leeka v. State of Arkansas, from Washington County Circuit
Court.
CV-14-456. Linda J. Earls and Tony L. Earls v. Harvest Credit Management VI-B, LLC,
from Greene County Circuit Court.
******************************
PETITIONS FOR REVIEW:
CV-15-184. William Ernest Gates, Jr. v. Director et al., from the Arkansas Board of
Review.
CV-15-244. Anthony Lewis v. Calfrac Well Services Corp., from the Arkansas Workers’
Compensation Commission.
******************************
CR-08-1259. Gregory Decay v. State of Arkansas, from Washington County Circuit
Court. Motion to recall the mandate.
CR-08-1259. Gregory Decay v. State of Arkansas, from Washington County Circuit
Court. Motion to take as a case.
CV-15-420. Vicki Renee Silver v. Beverly Joslin, from Pulaski County Circuit Court,
Twelfth Division. Petition for writ of certiorari.
CV-15-422. Marilyn J. Worsham v. Director et al., from the Arkansas Board of Review.
Request to waive filing fee.
CV-15-426. David Lee Padgett, an Incapacitated Person, by Floyce Taylor, the Guardian
of His Person v. Bettye R. Padgett, from Hot Spring County Circuit Court. Motion for
rule on clerk.
CV-15-433. Barbara Wilson v. Hannah Mills and Doug Martin, Washington County
Circuit
Court,
First
Division,
from
Washington
County
Circuit
Court.
Petition
for
permission to appeal circuit court's order mandating waiver of the petitioner/defendant's
patient-physician privilege, alternative a writ of certiorari.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
MOTIONS SUBMITTED
CV-15-437. Freddie Brown v. Niyosha Williams and St. Francis County Circuit Court,
from St. Francis County Circuit Court. Petition for writ of certiorari and petition for writ
of prohibition.
D-15-450. In Re Brian Wolfman, Arkansas Bar No. 85176. Petition for voluntary
surrender of license (resignation).
D-15-451. In Re Grady R. Colvin, Arkansas Bar No. 82035. Petition for voluntary
surrender of license (resignation).
D-15-452. In Re Ernest Steve Watson, Arkansas Bar No. 77190. Petition for voluntary
surrender of license (resignation).
D-15-454.
In
Re
Shereen
Arent,
Arkansas
Bar
No.
85003.
Petition
for
voluntary
surrender of license (resignation).
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 28, 2015
CASES SUBMITTED
CV-14-1011. Arkansas Department of Veterans Affairs d/b/a Arkansas Veterans Home
and Fayetteville Veterans Home v. Darlene Okeke et al., from Pulaski County Circuit
Court, Third Division. Orally argued.
CR-13-438. Edward Thompson III v. State of Arkansas, from Pulaski County Circuit
Court, Seventh Division.
CR-14-5. Stanley Carter v. State of Arkansas, from Crittenden County Circuit Court.
CR-14-760. Susan Houghton v. State of Arkansas, from Johnson County Circuit Court.
Opinions are available on the internet at
http://courts.arkansas.gov
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