ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
PAUL E. DANIELSON, JUSTICE
CR-15-613. Michael L. Burgess v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division. Affirmed. Baker and Hart, JJ., dissent.
JOSEPHINE LINKER HART, JUSTICE
CR-15-770. State of Arkansas v. Jason Sprenger, from Carroll County Circuit Court,
Western District. Appeal dismissed.
ROBIN F. WYNNE, JUSTICE
CV-15-636. Tom Muccio, Mike Muccio, and Next Chapter Resources, LLC v. Johnelle
Hunt; Phil Phillips; David Schumacher; Trey Trumbo; Johnelle Hunt, LLC; Phil and Judy
Phillips Family Limited Partnership, LLLP; and Big Horn Lodge Financing, LLC; from
Pulaski County Circuit Court, Sixth Division. Affirmed.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
PER CURIAM ORDERS
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR-15-660. Rolandis Larenzo Chatmon v. State of Arkansas, from Faulkner County
Circuit Court.
CR-15-967. Duane Gonder v. State of Arkansas, from Drew County Circuit Court.
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 LivingCenter – Arkadelphia n/k/a Courtyard Gardens Health and Rehabilitation,
LLC; and Deborah Thornton, In Her Capacity as Administrator of Courtyard Gardens
Health and Rehabilitation, LLC f/k/a Golden LivingCenter – Arkadelphia, from Clark
County Circuit Court. Danielson, J., would grant.
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REVIEWS GRANTED: Petitions for review were granted today in the following cases.
CV-16-10. Erin Lane Potts v. Timothy D. Potts, Jr., from Sebastian County Circuit Court,
Fort Smith District. Wood, J., would deny.
CV-16-219. Tony Havner v. Northeast Arkansas Electric Cooperative, from Baxter
County Circuit Court.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CV-15-838. Catherine W. Smith v. Paul R. Smith, from Garland County Circuit Court.
Wynne, J., not participating.
CV-15-913. Margaret Suzanne Horne v. Eunice Ernestine Cuthbert, from Sebastian
County Circuit Court, Fort Smith District.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
PER CURIAM ORDERS
REVIEWS DENIED CONTINUED:
CV-15-921.
Family
Dollar
Trucking,
Inc.;
Family
Dollar,
Inc.;
and
Family
Dollar
Services, Inc. v. Jimmy Huff and Robert Ward, from Crittenden County Circuit Court.
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CR-80-40. Eugene Issac Pitts v. State of Arkansas, from Pulaski County Circuit Court,
Fifth Division. Petitioner’s motion for oral argument and submission with CR-90-198 is
granted.
CR-90-198. Lonnie Strawhacker v. State of Arkansas, from Washington County Circuit
Court. Appellant’s motion requesting oral argument and suggesting consolidation of oral
argument with Pitts v. State is granted.
CR-13-438. Edward Thompson III v. State of Arkansas, from Pulaski County Circuit
Court, Seventh Division. Appellant’s motion to recall the mandate is denied.
CR-15-899. Zachary Holly v. State of Arkansas, from Benton County Circuit Court.
Appellant’s petition for writ of certiorari to complete the record is granted.
CR-15-948. Randy William Gay v. State of Arkansas, from Garland County Circuit Court.
Appellant’s motion to extend time to file supplemental record is granted. Appellant
allowed 14 days to file supplemental record.
CR-15-1061. Jacqueline Ferguson v. State of Arkansas, from Lonoke County Circuit
Court. Appellant’s motion to submit a supplemental brief is granted.
CR-15-1067. Jeremy Edward Whalen v. State of Arkansas, from Sebastian County Circuit
Court, Fort Smith District. Appellee’s unopposed motion to take judicial notice taken with
the case.
CR-16-36. Edward Anthony Liggins v. State of Arkansas, from Craighead County Circuit
Court, Western District. Notice of entry of appearance from Alvin Simes on behalf of
appellant is noted.
CV-15-115. Grand River Enterprises Six Nations, LTD v. State of Arkansas, from Pulaski
County Circuit Court, Fifth Division. Joint status report. Appeal dismissed.
CV-15-523.
Connie
Watkins
and
Richard
Watkins
v.
Paragould
Light
and
Water
Commission
and
City
of
Paragould,
Arkansas,
from
Greene
County
Circuit
Court.
Watkinses’ motion to transfer this appeal to the Arkansas Supreme Court is denied.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
PER CURIAM ORDERS
CV-15-743. Capital SeniorCare Ventures, LLC, et al. v. Annettee Williamson, as Personal
Representative
of
Jerline
Kennel,
Deceased,
and
on
Behalf
of
the
Wrongful
Death
Beneficiaries of Jerline Kennel, from Clark County Circuit Court. Appellee’s petition to
transfer
case
to
the
Supreme
Court
is
denied.
Request
for
oral
argument
is
moot.
Danielson, J., would grant.
CV-15-746. Capital SeniorCare Ventures, LLC, et al. v. Ericka Ann Davis, as Special
Administrator for the Estate of Julius Marks, Deceased, from Clark County Circuit Court.
Appellee’s petition to transfer case to the Supreme Court is denied. Request for oral
argument is moot. Danielson, J., would grant.
CV-15-1053. Courtyard Gardens Health and Rehabilitation, LLC, et al. v. Patricia Ann
Sheffield, as Special Administrator of the Estate of Maylissia Holliman, Deceased, from
Clark County Circuit Court. Appellee’s petition to transfer case to the Supreme Court is
granted. Request for oral argument is denied.
D-16-174.
Stark
Ligon,
Executive
Director
of
the
Supreme
Court
Committee
on
Professional Conduct v. Jeffery H. Kearney, Arkansas Bar No. 91249, an Original Action.
Motion for appointment of special judge. Special judge appointed. See per curiam this
date.
D-16-310. In Re Janus F. Argo, Arkansas Bar No. 73101, an Original Action. Petition of
Janus F. Argo, Arkansas Bar No. 73101, for voluntary surrender of license (resignation) is
granted.
D-16-311. In Re Robert J. Viguet, Jr., Arkansas Bar No. 85161, an Original Action.
Petition of Robert J. Viguet, Jr., Arkansas Bar No. 85161, for voluntary surrender of license
(resignation) is granted.
D-16-312. In Re Joseph A. Miller, Arkansas Bar No. 87119, an Original Action. Petition
of
Joseph
A.
Miller,
Arkansas
Bar
No.
87119,
for
voluntary
surrender
of
license
(resignation) is granted.
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CR-13-431. Arbury Bowerman v. State of Arkansas, from Logan County Circuit Court,
Northern District. Appellant’s pro se motion for copy of transcript at public expense is
denied. See per curiam this date.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
PER CURIAM ORDERS
CR-16-169. Donnie Ray Slater v. State of Arkansas, from Arkansas County Circuit Court,
Southern District. Petitioner’s pro se motion for appointment of counsel for appeal of
postconviction Rule 37 proceedings is denied.
CR-16-195. Tiandre Cardenas-Haliburton v. State of Arkansas, from Pulaski County
Circuit Court, Fourth Division. Petitioner’s pro se motion for belated appeal of judgment
is dismissed. See per curiam this date.
In Memory of Justice Ray Thornton. See per curiam. (Proceedings of April 14, 2016)
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
MOTIONS SUBMITTED
PETITIONS FOR REVIEW:
CV-15-839. Joni R. Collins v. Mitchell L. Collins, from Faulkner County Circuit Court.
CV-15-840. Joni R. Collins v. Mitchell L. Collins, from Faulkner County Circuit Court.
CV-15-843. William L. Bateman v. Lillian C. Heird, from Jefferson County Circuit Court.
CV-15-850. Christopher Foster v. Leah Foster, from Garland County Circuit Court.
CV-15-863. Ashely Newby v. David Newby, from Benton County Circuit Court.
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CR-15-890. State of Arkansas v. Walter Cecil Gray, from Washington County Circuit
Court. Appellee’s motion to file belated brief.
CR-15-890. State of Arkansas v. Walter Cecil Gray, from Washington County Circuit
Court. Motion of Chad L. Atwell to withdraw as counsel.
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. Appellants’ motion to stay
mandate pending petition for writ of certiorari to the United States Supreme Court.
CV-15-198. SEECO, Inc. n/k/a SWN Production (Arkansas), Inc.; DeSoto Gathering
Company, LLC; and Southwestern Midstream Services Company v. Sara Stewmon et al.,
from St. Francis County Circuit Court. Appellants’ motion to supplement the record.
CV-15-198. SEECO, Inc. n/k/a SWN Production (Arkansas), Inc.; DeSoto Gathering
Company, LLC; and Southwestern Midstream Services Company v. Sara Stewmon et al.,
from St. Francis County Circuit Court. Plaintiff/Appellees’ status report.
CV-15-900. United Food and Commercial Workers International Union, Organization
United for Respect at Walmart (Our Walmart), and John Does 1-10 v. Wal-Mart Stores,
Inc.;
Wal-Mart
Stores
Arkansas,
LLC;
Wal-Mart
Stores
East,
LP;
Wal-Mart
Realty
Company; Wal-Mart Real Estate Business Trust; Sam’s West, Inc.; and Beaver Lake
Aviation, Inc.; from Benton County Circuit Court. Motion of George Wiszynski to appear
pro hac vice.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
MOTIONS SUBMITTED
CV-15-900. United Food and Commercial Workers International Union, Organization
United for Respect at Walmart (Our Walmart), and John Does 1-10 v. Wal-Mart Stores,
Inc.;
Wal-Mart
Stores
Arkansas,
LLC;
Wal-Mart
Stores
East,
LP;
Wal-Mart
Realty
Company; Wal-Mart Real Estate Business Trust; Sam’s West, Inc.; and Beaver Lake
Aviation, Inc.; from Benton County Circuit Court. Motion of Steven D. Wheeless to
appear pro hac vice.
CV-15-900. United Food and Commercial Workers International Union, Organization
United for Respect at Walmart (Our Walmart), and John Does 1-10 v. Wal-Mart Stores,
Inc.;
Wal-Mart
Stores
Arkansas,
LLC;
Wal-Mart
Stores
East,
LP;
Wal-Mart
Realty
Company; Wal-Mart Real Estate Business Trust; Sam’s West, Inc.; and Beaver Lake
Aviation, Inc.; from Benton County Circuit Court. Motion of Douglas D. Janicik to appear
pro hac vice.
CV-16-11. Jo Ellen Serio and Stan Serio v. Copeland Holdings, LLC; Phyllis Fitzgerald;
Phil Hoggard; Emerald Realty Holding, Inc. d/b/a Re/Max Advantage Realtors of Searcy,
from Cleburne County Circuit Court. Appellants’ motion to transfer to the Arkansas
Supreme Court.
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.
Appellant’s pro se motion for extension of time, motion for reconsideration for cost of
transcript and record/circuit.
CV-16-249. Hiawatha J. Covington v. United States of America, Rural Housing Service,
from Hempstead County Circuit Court. Petitioner’s motion to be declared indigent.
CV-16-303. Amber Kimble Shields v. Mitchell Kimble, from Randolph County Circuit
Court. Appellant’s motion for rule on clerk pursuant to Rule 2.2.
CV-16-307. Essie May Nichols v. Woodruff County Election Commissioners, Bobby
Bowen, In His Capacity as an Election Commissioner; Ralph Myers, In His Capacity as an
Election Commissioner; Kelly Peebles, In Her Capacity as Woodruff County Clerk;
Wesley Carter; William Burl Simmons; and Motten Watson; from Woodruff County
Circuit Court. Appellant’s motion for rule on clerk.
D-16-323. In Re Edwin B. Cantrell III, Arkansas Bar No. 79030, an Original Action.
Petition of Edwin B. Cantrell III, Arkansas Bar No. 79030, for voluntary surrender of
license (resignation).
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
MOTIONS SUBMITTED
D-16-324. In Re Kasey Lowe McCall-Smith, Arkansas Bar No. 2001207, an Original
Action. Petition of Kasey Lowe McCall-Smith, Arkansas Bar No. 2001207, for voluntary
surrender of license (resignation).
D-16-325. In Re Robert M. Nutt, Arkansas Bar No. 62035, an Original Action. Petition
of
Robert
M.
Nutt,
Arkansas
Bar
No.
62035,
for
voluntary
surrender
of
license
(resignation).
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CR-10-980. Robert Joseph Moten v. State of Arkansas, from Arkansas County Circuit
Court, Northern District. Petitioner’s pro se second petition to reinvest jurisdiction in the
trial court to consider a petition for writ of error coram nobis; pro se motion for permission
to file a response to the State’s response.
CR-15-817. Troy Laurence McCulley v. State of Arkansas, from Poinsett County Circuit
Court. Appellant’s pro se motion for extension of time to file brief in pro se appeal of order
denying Rule 37.1 petition.
CR-15-975. Roy Lee Russell v. State of Arkansas, from Desha County Circuit Court. Pro
se appeal.
CR-16-203. Curtis Lamont Horton v. State of Arkansas, from Saline County Circuit Court.
Petitioner’s pro se motion for belated appeal.
CR-16-231. Willie James Smith v. State of Arkansas, from Ashley County Circuit Court.
Petitioner's pro se motion for rule on clerk.
CV-15-789. Malik Muntaqim v. Gaylon R. Lay, Warden, et al., from Jefferson County
Circuit Court. Appellant’s pro se motion to file belated non-conforming reply brief.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 21, 2016
CASES SUBMITTED
CV-15-745. Timothy Whaley v. Pam Beckham and Don Beckham, from Lonoke County
Circuit Court.
CV-15-816. Jessie Hill v. Richard H. Gallagher, Custodian of Records, Arkansas State
Crime Laboratory, from Jefferson County Circuit Court.
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CR-15-975. Roy Lee Russell v. State of Arkansas, from Desha County Circuit Court.
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