ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
COURTNEY HUDSON GOODSON, JUSTICE
CV-15-711. Kenny Quarles, as Special Administrator of the Estate of Bennie Jean Quarles,
Deceased, and On Behalf Of the Wrongful Death Beneficiaries of Bennie Jean Quarles,
Deceased v. Courtyard Gardens Health and Rehabilitation, LLC a/k/a Courtyard Gardens
Health and Rehabilitation; Arkadelphia Holdings, LLC; SLC Operations Master Tenant,
LLC; SLC Operations, LLC; SLC Professionals of Arkansas, LLC; SLC Administrative
Services of Arkansas, LLC; Capital SeniorCare Ventures, LLC; SLC Properties, LLC;
2701 Twin Rivers Drive, LLC; Senior Vantage Point, LLC; Senior Living Communities
of Arkansas, LLC; EOR Group, Ltd.; EOR, LLC; EOR-ARK, LLC; VAJ, LLC; Quality
Review, LLC; Angela Marlar, In Her Capacity as Administrator/Executive Director of
Golden Living Center – Arkadelphia n/k/a Courtyard Gardens Health and Rehabilitation,
LLC; Deborah Thornton, In Her Capacity as Administrator of Courtyard Gardens Health
and Rehabilitation, LLC f/k/a Golden Living Center – Arkadelphia, from Clark County
Circuit Court. Affirmed. Brill, C.J., Danielson and Hart, JJ., concur.
JOSEPHINE LINKER HART, JUSTICE
CR-15-779. State of Arkansas v. Billy Gene Coble, from Jefferson County Circuit Court.
Affirmed. Brill, C.J., and Danielson, J., dissent.
CV-15-107. Bank of the Ozarks, Inc. and Bank of the Ozarks v. Robert Walker, Ann B.
Hines, and Judith Belk, from Lonoke County Circuit Court. Affirmed. Special Justice
Walter B. Cox joins. Goodson, J., concurs in part and dissents in part. Wood, J., not
participating.
RHONDA K. WOOD, JUSTICE
CR-15-417. Karl D. Roberts v. State of Arkansas, from Polk County Circuit Court.
Reversed and remanded. Brill, C.J., Danielson and Goodson, JJ., dissent.
ROBIN F. WYNNE, JUSTICE
CV-15-616. Baptist Health Medical Systems, Mercy Health Systems, and Washington
Regional
Medical
Center
v.
Leslie
Rutledge,
Arkansas
Attorney
General;
Arkansas
Department of Health; and Nathaniel Smith, MD, MPH, Director, from Pulaski County
Circuit
Court,
Sixth
Division.
Reversed
on
cross-appeal;
direct
appeal
dismissed.
Danielson and Wood, JJ., dissent.
CV-15-785. Maurice R. Lipsey, William Larry Cox, and Connie L. Cox v. Karen Giles,
from Cleburne County Circuit Court. Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
PER CURIAM OPINIONS
CR-15-501. Brian Keith Biggs v. State of Arkansas, from Saline County Circuit Court.
Affirmed.
CR-15-660. Rolandis Larenzo Chatmon v. State of Arkansas, from Faulkner County
Circuit Court. Affirmed; motion and amended motion to remand
moot; motion for
appointment of counsel moot.
CV-15-889.
Charles
Lovett
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Jefferson County Circuit Court. Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR-15-638. Ramon B. Trujillo v. State of Arkansas, from Benton County Circuit Court.
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REVIEW GRANTED: Petition for review was granted today in the following case.
CR-15-1061. Jacqueline Ferguson v. State of Arkansas, from Lonoke County Circuit
Court. Wood, J., would deny.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR-16-90. Trent A. Kimbrell v. State of Arkansas, from Polk County Circuit Court.
Baker and Hart, JJ., dissent. Danielson, J., not participating.
CR-16-117. Derrick D. Morgan v. State of Arkansas, from Desha County Circuit Court.
CV-16-115. Melissa Johnson v. Arkansas Department of Human Services and L.R. and
R.R., Minor Children, from Crawford County Circuit Court.
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CR-15-608. Kareem Muhammad v. State of Arkansas, from Pulaski County Circuit Court,
Fifth Division. Motion to transfer to Arkansas Supreme Court is denied.
CR-15-724. Darrell Napoleon Dennis v. State of Arkansas, from Pulaski County Circuit
Court, Second Division. Petition of Paramount Operations, LLC d/b/a Golden Food Mart
and Golden Groceries, Inc., to be allowed to copy an exhibit is granted.
CR-16-125. Arthur L. Hicks v. State of Arkansas, from Arkansas County Circuit Court,
Northern District. Motion of Dennis R. Molock to withdraw as attorney on direct appeal
and for appointment of counsel and to stay briefing time is granted. Ms. Misty Borkowski
appointed as counsel for appellant. Clerk is directed to set new briefing schedule.
CR-16-134. Frank P. 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 is remanded with instructions. See per
curiam this date.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
PER CURIAM ORDERS
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Appellee’s motion for consideration of oral argument. Motion stricken. Special Justice
Robert Hudgins joins. Goodson, J., not participating.
CV-15-603. Markita Bell v. Arkansas Department of Human Services, from Sebastian
County Circuit Court, Fort Smith District. Motion of Frank W. Booth to be relieved as
counsel for appellant is granted. Arkansas Public Defender Commission appointed as
counsel for appellant.
CV-15-788. APH&R Nursing, LLC, et al. v. Angela Burnett, as Special Administratrix of
the Estate of Amy Cleveland, et al., from Pulaski County Circuit Court, Sixteenth Division.
Joint status report. Duly noted; status report due in 90 days (June 15, 2016).
CV-16-153. Arkansas Department of Human Services v. Gloria Daniel, from Pulaski
County Circuit Court, Sixth Division. Appellant’s motion and amended motion for stay
pending appeal is granted.
CV-16-187. In Re Arkansas Bar Association Petition to Amend Rules 1.2, 4.2, and 4.3 of
the Arkansas Rules of Professional Conduct. See per curiam this date.
CV-16-209. Alyssa Ekbert and Jerry Ashmore v. Circuit Court of Pulaski County,
Arkansas Department of Human Services, and Minor Child, from Pulaski County Circuit
Court, Eleventh Division. Emergency petition for a writ of certiorari, writ of prohibition,
and/or
writ
of
mandamus
is
denied.
Danielson,
J.,
would
deny
without
prejudice.
(Proceedings of March 14, 2016)
D-16-194. In Re Clinton C. Carter, Arkansas Bar No. 2001099, an Original Action.
Petition of Clinton C. Carter, Arkansas Bar No. 2001099, for voluntary surrender of license
(resignation) is granted.
D-16-197. In Re Susan A. Shubert, Arkansas Bar No. 96067, an Original Action. Petition
of
Susan
A.
Shubert,
Arkansas
Bar
No.
96067,
for
voluntary
surrender
of
license
(resignation) is granted.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
PER CURIAM ORDERS
CR-00-210. Russell J. Berger v. State of Arkansas, from Faulkner County Circuit Court.
Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition
for writ of error coram nobis; motion to subpoena transcript; motion to supplement
information provided in error coram nobis petition. Petition denied; motions moot. See
per curiam this date.
CR-07-277. Jimmy Smith, Jr. v. State of Arkansas, from Pulaski County Circuit Court,
Fifth Division. Petitioner’s pro se motion for extension of time to file a motion for
reconsideration is denied. Hart, J., would grant.
In Re Administrative Order Number 8 – Forms for reporting case information in all
Arkansas trial courts. See per curiam this date.
In Re Administrative Order Number 15.1 – Qualifications and standards for attorneys
appointed to represent children and parents. See per curiam this date.
In Re Arkansas Code Revision Commission. See per curiam this date.
Haley Burks, Esq., of Little Rock, and Candice Settle, Esq., of Van Buren,
are appointed to the Arkansas Code Revision Commission for four-year terms to
expire on March 31, 2020. The court thanks them for their willingness to undertake
this important work. Bettina Brownstein, Esq., of Little Rock is reappointed to the
Arkansas Code Revision Commission for a four-year term to expire on March 31,
2020, and we thank her for her continued service.
The court expresses its gratitude to David Matthews of Rogers and Don
Schnipper of Hot Springs, whose terms have expired, for their years of dedicated
service to the commission.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR-15-237. Terry Lee Ward v. State of Arkansas, from Pulaski County Circuit Court,
Fourth Division.
CV-14-1105. Courtyard Gardens Health and Rehabilitation, LLC; et al. v. Malinda Arnold,
et al., from Clark County Circuit Court.
CV-15-264. James McCafferty v. The Oxford American Literary Project, Inc., from
Pulaski County Circuit Court, Sixteenth Division.
CV-15-887.
Melvin
Smith
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lincoln County Circuit Court.
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PETITIONS FOR REVIEW:
CR-15-1064. Freddie L. Sharp III v. State of Arkansas, from Mississippi County Circuit
Court, Chickasawba District.
CV-16-114. Priscilla Ponder v. Arkansas Department of Human Services and A.P., E.P.,
and J.P., Minor Children, from Union County Circuit Court.
CV-16-155. Partne A. Kiesling-Daugherty v. Judge Floyd "Buddy" Villines, Amanda
Mankin, and Chastity Black-Scifres, from Pulaski County Circuit Court, Sixth Division.
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CV-14-1082. Wendy Kelley, Director, Arkansas Department of Correction v. Ulonzo
Gordon, from Lee County Circuit Court. Appellant’s motion to continue stay of the
appellate mandate.
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Motion of Andy Taylor and Tasha Taylor to withdraw as counsel.
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Appellant’s motion for sanctions.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
MOTIONS SUBMITTED
CV-15-362. Richard H. Ashley and J.D. Ashley, Jr., as Personal Representatives of the
Estate of J.D. Ashley, Sr.; Candace Baughman; and the Estate of Charolette Ashley,
Deceased v. Todd H. Ashley, from Pulaski County Circuit Court, Sixteenth Division.
Appellee’s combined brief and motion to disqualify
CV-15-992. Wendy Kelley, Director, Arkansas Department of Correction, et al. v. Stacey
Johnson et al., from Pulaski County Circuit Court, Fifth Division. Appellees’ motion to
expand page limit.
CV-15-1057. City of Little Rock, Arkansas; Stuart Thomas; Wayne Bewley; Laura
Martin; Linda Wilson; Sharon Martin; Alan Cate; Marquita Dooley; Candace Middleton;
Karen Grimm; Gregory L. Summers; Robert Sharp; Frank Scott; and Eddie Rhine; and;
Little Rock Ambulance Authority d/b/a Metropolitan Emergency Medical Services v.
Dayong Yang, as Special Administrator of the Estate of Le Yang, deceased, from Pulaski
County Circuit Court, Sixth Division. Appellants’ motion to correct the record to conform
with Ark. R. Sup. Ct. 3-3(16).
CV-16-113. Theresa Marshall v. Deutsche Bank National Trust Company, as Trustee for
Vendee
Mortgage
Trust
1993-1,
from
Pulaski
County
Circuit
Court,
Fifth
Division.
Petitioner’s pro se petition for leave to proceed in forma pauperis.
CV-16-137. Jesse Everett v. Arkansas Department of Human Services and Minor Child,
from Pulaski County Circuit Court, Eleventh Division. Appellant’s petition for writ of
certiorari to complete the record and to set briefing schedule.
CV-16-196.
Cynthia
Lou
Horton
and
Anthony
Bryce
Brewer,
as
the
Special
Administrators of the Estate of Prentice Byars Young v. Deborah Ann Mitchell, from
Marion
County
Circuit
Court.
Appellant’s
motion
to
correct
the
record
or,
in
the
alternative, petition for writ of certiorari to complete the record.
CV-16-201. Linda Sue Lee v. Honorable Richard Moore, Circuit Judge; Sherlyn E. Jones;
and Susan M. Scroggins, from Perry County Circuit Court. Petitioner’s pro se petition for
writ of certiorari.
CV-16-201. Linda Sue Lee v. Honorable Richard Moore, Circuit Judge; Sherlyn E. Jones;
and Susan M. Scroggins, from Perry County Circuit Court. Petitioner’s pro se petition for
writ of certiorari to complete the record.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
MOTIONS SUBMITTED
CV-16-205. Patricia Garrett v. Arkansas Department of Human Services and Minor Child,
from Saline County Circuit Court. Appellant’s motion for out of time appeal and for rule
on clerk.
D-16-213. In Re Judith A. Lemke, Arkansas Bar No. 2006243, an Original Action.
Petition of Judith A. Lemke, Arkansas Bar No. 2006243, for voluntary surrender of license
(resignation).
D-16-214. In Re Michael L. Harris, Arkansas Bar No. 91173, an Original Action. Petition
of
Michael
L.
Harris,
Arkansas
Bar
No.
91173,
for
voluntary
surrender
of
license
(resignation).
D-16-215. In Re Karen Fisher Moskowitz, Arkansas Bar No. 97026, an Original Action.
Petition of Karen Fisher Moskowitz, Arkansas Bar No. 97026, for voluntary surrender of
license (resignation).
D-16-216. In Re M. Gail Smart, Arkansas Bar No. 87213, an Original Action. Petition of
M. Gail Smart, Arkansas Bar No. 87213, for voluntary surrender of license (resignation).
D-16-217. In Re Justin Wayne Rucker, Arkansas Bar No. 2005289, an Original Action.
Petition of Justin Wayne Rucker, Arkansas Bar No. 2005289, for voluntary surrender of
license (resignation).
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CR-95-872. Tommy Mosley v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motion for copy of appeal briefs at public expense.
CR-15-967. Duane Gonder v. State of Arkansas, from Drew County Circuit Court. Pro se
appeal and
motions to supplement record,
to file a supplemental argument, and for
appointment of counsel.
CR-15-1048. Bruce Echols v. State of Arkansas, from Saline County Circuit Court.
Petitioner’s pro se motion for transcript for Rule 37 appeal, motion to expand argument
section, and motion for transcript.
CR-16-56. George L. Rhoades v. State of Arkansas, from Little River County Circuit
Court. Appellee’s motion to dismiss appeal and motion for brief time in event court denies
motion to dismiss appeal.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
MOTIONS SUBMITTED
CR-16-58.
Douglas
Cook
v.
State
of
Arkansas,
from
Pope
County
Circuit
Court.
Petitioner’s pro se motion for belated appeal and certiorari to complete the record.
CR-16-59. Eric C. Burgie v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s
pro
se
motions
to
supplement
addendum
and
file
substituted
brief,
to
supplement brief with extended page limit, for appointment of counsel and to expedite
ruling on motions to supplement addendum and file substituted brief and motion for
extension of time.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 17, 2016
CASES SUBMITTED
CR-15-522. Ardwin Frank Sylvester v. State of Arkansas, from Sebastian County Circuit
Court, Fort Smith District.
CR-15-68. Latavious D. Johnson v. State of Arkansas, from Lee County Circuit Court.
CV-15-114. Ken Blevins v. David Hudson, from Sebastian County Circuit Court, Fort
Smith District.
CV-15-894. Hammerhead Contracting and Development, LLC, and Brandon Holmes v.
Dale Ladd, from Independence County Circuit Court.
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CR-15-336. Calvin Stover v. State of Arkansas, from Benton County Circuit Court.
Opinions are available on the internet at
http://courts.arkansas.gov
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.