Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 HOWARD W. BRILL, CHIEF JUSTICE CV-15-231. Owen Kelly v. Mandy Kelly, from Washington County Circuit Court. Court of appeals opinion vacated; remanded to the court of appeals for reconsideration. Special Justice Daniel Greenberg and Special Justice Chad Atwell join. Danielson and Goodson, JJ., not participating. KAREN R. BAKER, JUSTICE CV-15-614. Carolyn Gray v. White River Health System, Inc. d/b/a White River Medical Center, Inc.; and Continental Casualty Company, from Independence County Circuit Court. Appeal dismissed. COURTNEY HUDSON GOODSON, JUSTICE CV-15-264. James McCafferty v. The Oxford American Literary Project, Inc., from Pulaski County Circuit Court, Sixteenth Division. Affirmed. Hart, J., concurs. Brill, C.J., Baker, and Wynne, JJ., dissent. ROBERT J. LAMBERT, SPECIAL JUSTICE CV-16-18. Brian Haile v. Josh Johnston, Individually and as a Candidate for Sheriff of Cleburne County; Larry Crabtree, Joe Tournear, and Lee Noble, in the Representative Capacities as Members of the Cleburne County Election Commission; Doyle Webb, In His Representative Capacity as Chairman of the Republican Party of Arkansas; Julie Feil, In Her Representative Capacity as Chairman of the Cleburne County Republican Committee; and Paul Muse, In His Official Capacity as Cleburne County Clerk, from Cleburne County Circuit Court. Opinion concurring with decision of February 11, 2016. PER CURIAM OPINIONS CR-15-730. Kelly Lamont Oliver v. State of Arkansas, from Garland County Circuit Court. Affirmed. CV-15-428. Joe E. Morgan v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Affirmed. CV-15-780. Lonnie E. Mitchell v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Affirmed; motion moot. CV-15-782. Robert J. Moten v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Affirmed.

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 PER CURIAM OPINIONS CONTINUED CV-15-887. Melvin Smith v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Affirmed.

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 PER CURIAM ORDERS REVIEW DENIED: Petition for review was denied today in the following case. CV-16-41. Samantha Samuels and Shandon Samuels v. Arkansas Department of Human Services and A.S., Minor Child, from Washington County Circuit Court. Hart, J., would grant. ******************************************** CR-07-1155. Steven Victor Wertz v. State of Arkansas, from Sharp County Circuit Court. Entry of appearance of John C. Williams is duly noted. CV-15-804. Columbia Mutual Insurance Company, Inc., and Columbia Insurance Group v. Arkansas Infrastructure, Inc., et al., from United States District Court, Eastern District of Arkansas, Western Division. Motion for leave to file amicus curiae brief of The Home Builders Association of greater Little Rock, The Arkansas Home Builders Association, and The National Association of Home Builders in support of appellees/respondents is granted. CV-15-966. Gerber Products Company v. David Hewett II, Aaron Johnson, James Lane, Ralph Larossa, Jr., and Jerry Osborne, from Sebastian County Circuit Court, Fort Smith District. Appellees’ motion to transfer this appeal to the Arkansas Supreme Court is granted. CV-16-92. Wanda Little v. Arkansas Department of Human Services and Minor Child, from Sebastian County Circuit Court, Fort Smith District. Appellant’s motion for rule on clerk is granted. D-16-105. In Re Don H. Pattillo, Arkansas Bar No. 69058, an Original Action. Petition of Don H. Pattillo, Arkansas Bar No. 69058, for voluntary surrender of license (resignation) is granted. D-16-109. In Re Gerald L. Boyd, Arkansas Bar No. 60006, an Original Action. Petition of Gerald L. Boyd, Arkansas Bar No. 60006, for voluntary surrender of license (resignation) is granted. D-16-145. In Re Wade Naramore, Garland County Circuit Judge, Eighteenth East Judicial Circuit, Division 2, Judicial Discipline and Disability Commission No. 245 et al., an Original Action. Joint petition for expedited consideration of temporary suspension is granted. Joint petition for temporary suspension of Judge Wade Naramore from his judicial position as circuit court judge for the Eighteenth East (18E) Judicial Circuit, Garland County Circuit Court is granted effective immediately, but with continued pay, until the completion of all pending disciplinary matters. (Proceedings of February 18, 2016)

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 PER CURIAM ORDERS ******************************************** CR-03-1181. Abraham Grant v. State of Arkansas, from Phillips County Circuit Court. Petitioner’s fifth pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis is denied. See per curiam this date. CR-05-472. Wallace Gardner v. State of Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and motion for appointment of counsel. Petition denied; motion moot. See per curiam this date. CR-15-794. Gerardo Gomez-Jimenez v. State of Arkansas, from Washington County Circuit Court. Appellee’s motion to dismiss appeal is granted. CV-15-586. Wayne Frederick Poland v. Wendy Kelley, Director, Arkansas Department of Correction, from Chicot County Circuit Court. Appellant’s pro se response to denial of petition requesting rehearing and reconsideration treated as motion to file belated motion for reconsideration of dismissal of appeal and denied. ********************************************

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 MOTIONS SUBMITTED CR-80-40. Eugene Issac Pitts v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Motion of The Innocence Network and National Association of Criminal Defense Lawyers for leave to file an amicus brief in support of appellant. CR-07-1155. Steven Victor Wertz v. State of Arkansas, from Sharp County Circuit Court. Motion of Josh Lee to substitute counsel. CR-15-948. Randy William Ray v. State of Arkansas, from Garland County Circuit Court. Appellant’s motion to supplement the record and stay briefing schedule. CR-15-1067. Jeremy Edward Whalen v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Petitioner’s motion for permission to file supplemental brief. CR-16-134. Frank Campbell v. State of Arkansas, from Carroll County Circuit Court, Eastern District. Appellant’s motion to declare defendant indigent and to order the circuit clerk and court reporter to prepare the record. CV-15-588. Alison Peck v. Hannah Peck, from Pulaski County Circuit Court, Sixth Division. Appellant’s motion to transfer jurisdiction to the Supreme Court. CV-15-681. Progressive Eldercare Services-Saline, Inc., d/b/a Heartland Rehabilitation and Care Center v. Terry Cauffiel, as Administrator of The Estate of Carolyn Sue Cauffiel, and on Behalf of The Wrongful Death Beneficiaries of Carolyn Sue Cauffiel, from Saline County Circuit Court. Appellant’s petition to transfer case to the Arkansas Supreme Court. CV-15-912. Convent Corporation v. City of North Little Rock, Arkansas, et al., from Pulaski County Circuit Court, Twelfth Division. Appellant’s motion to supplement addendum. CV-15-944. Integrated Direct Marketing, LLC v. Drew May and Merkle, Inc., from the United States District Court, Eastern District of Virginia. Motion of Rebecca B. Segal, James B. Kinsel, Michael E. Stamp, Brian F. Chandler, and Jennifer A. Lucey to appear pro hac vice. CV-15-992. Wendy Kelley, Director, Arkansas Department of Correction, et al. v. Stacey Johnson et al., from Pulaski County Circuit Court, Fifth Division. Motion of Josh Lee to withdraw as counsel. CV-16-122. Mountain Pure, LLC d/b/a Mountain Pure Water Company and John B. Stacks v. Clearwater Holdings, LLC, as Successor in Interest to Simmons First National Bank, from Pulaski County Circuit Court, Seventeenth Division. Amended petition for writ of certiorari to complete the record.

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 MOTIONS SUBMITTED CV-16-137. Jesse Everett v. Arkansas Department of Human Services and Minor Child, from Pulaski County Circuit Court, Eleventh Division. Petition to proceed in forma pauperis for purposes of appealing the order terminating appellant's parental rights. CV-16-138. Jesse Everett v. Arkansas Department of Human Services and Minor Child, from Pulaski County Circuit Court, Eleventh Division. Petition to proceed in forma pauperis for purposes of appealing the order denying a determination of appellant's indigence for purposes of appointing appellate counsel. D-16-128. In Re Linda Scholle Cowan, Arkansas Bar No. 72131, an Original Action. Petition of Linda Scholle Cowan, Arkansas Bar No. 72131, for voluntary surrender of license (resignation). D-16-129. In Re Kimberly S. Keller, Arkansas Bar No. 2010174, an Original Action. Petition of Kimberly S. Keller, Arkansas Bar No. 2010174, for voluntary surrender of license (resignation). D-16-130. In Re Susan Halling, Arkansas Bar No. 80184, an Original Action. Petition of Susan Halling, Arkansas Bar No. 80184, for voluntary surrender of license (resignation). D-16-131. In Re Jack W. Gillean, Arkansas Bar No. 83073, an Original Action. Petition of Jack W. Gillean, Arkansas Bar No. 83073, to surrender Arkansas law license. ********************************************* CR-08-1453. James Edward Williams v. State of Arkansas, from Pulaski County Circuit Court, Second Division. Appellant’s pro se motion to reinvest the trial court with jurisdiction to entertain a petition for writ of error coram nobis, with petition for leave to proceed in forma pauperis and affidavit in support. CR-11-1209. Brian Jordan v. State of Arkansas, from Benton County Circuit Court. Appellant’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. CR-15-846. Aaron Anthony Flemons v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Appellant’s pro se motion for extension of time. CR-16-49. Rodney Bunch v. Wendy Kelley, Director, Arkansas Department of Correction, from Pulaski County Circuit Court, Sixth Division. Appellant’s pro se motion to lodge record.

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 MOTIONS SUBMITTED CR-16-50. Joseph O'Neal v. State of Arkansas, from Chicot County Circuit Court. Petitioner’s pro se motion for belated appeal. CR-16-74. Calvin Eugene Jackson v. State of Arkansas, from Craighead County Circuit Court, Western District. Appellant’s pro se motion for belated appeal or in the alternative motion to rule upon the clerk. CV-15-867. Michael W. Williams v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellee’s motion to dismiss. *********************************************

ARKANSAS SUPREME COURT PROCEEDINGS OF FEBRUARY 25, 2016 CASES SUBMITTED CR-15-417. Karl Douglas Roberts v. State of Arkansas, from Polk County Circuit Court. Orally argued. CR-15-530. Robert Lee Sandrelli v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. CR-15-813. Phillip Floyd v. State of Arkansas, from Carroll County Circuit Court, Eastern District. CV-15-179. Travis Trammell v. Linda Marlene Wright, from Benton County Circuit Court. ********************************************* CR-15-542. Daniel Pedraza v. State of Arkansas, from Drew County Circuit Court. CV-15-587. Duane Gonder v. State of Arkansas, from Drew County Circuit Court. Opinions are available on the internet at http://courts.arkansas.gov