ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 12, 2016
PER CURIAM ORDERS
REVIEWS GRANTED: Petition for review was granted today in the following cases.
CV-15-1045. Antonio Martini v. Christopher Price, from Faulkner County Circuit Court.
Wood, J., would deny.
CV-15-860. Jeannie Sherman v. Raymond Boeckmann, from Cross County Circuit Court.
Court of Appeals’ opinion vacated and remanded for further consideration. See per
curiam this date.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CV-16-221. Susan Hill v. Tabitha Marshall Powell, from Lonoke County Circuit Court.
CV-16-302. Sarha Jane Sisemore and Jarid Sisemore v. Arkansas Department of Human
Services and H.S., Minor Child, from Madison County Circuit Court. Hart, J., would grant.
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CR-15-1067. Jeremy Edward Whalen v. State of Arkansas, from Sebastian County Circuit
Court, Fort Smith District. Motion of Bell Island for admission pro hac vice is granted.
CR-15-1067. Jeremy Edward Whalen v. State of Arkansas, from Sebastian County Circuit
Court, Fort Smith District. National College of DUI defense request for leave to participate
as amicus curiae is granted.
CR-16-344. Terrance Washington v. State of Arkansas, from Crittenden County Circuit
Court. Appellant’s motion for rule on clerk is granted.
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. Appellants’ unopposed motion to
reschedule oral argument is granted. Baker, J., would deny.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 12, 2016
PER CURIAM ORDERS
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 Joey J. Hipolito to appear
pro hac vice is granted.
CV-15-999. Capital SeniorCare Ventures, LLC; SLC Operations Master Tenant, LLC;
Senior
Living
Communities
of
Arkansas,
LLC;
SLC
Professionals,
LLC
f/k/a
SLC
Professionals of Arkansas, LLC; Senior Vantage Point, LLC; ADDIT, LLC; John W.
Dwyer; Capital Funding Group, Inc.; CSCV Holdings, LLC; Arkansas SNF Operations
Acquisition,
LLC;
Arkansas
Nursing
Home
Acquisition,
LLC;
Premier
Health
and
Rehabilitation, LLC; North Little Rock Holdings, LLC; Steve Hudgens, In His Capacity
as Administrator of Premier Health and Rehabilitation, LLC; and John Does 1 through 5
v.
The
Circuit
Court
of
Pulaski
County,
Arkansas,
and
Cindy
Clough,
Personal
Representative of the Estate of Joyce Lee Vinson, Deceased, from Pulaski County Circuit
Court, Sixth Division. Petitioner’s motion for reconsideration is denied.
CV-16-46. Jeannie Sherman v. Cross County Circuit Court and Raymond Boeckmann,
from Cross County Circuit Court. Appellant’s petition for writ of prohibition or certiorari.
Petition for writ of prohibition or certiorari denied; temporary stay pending resolution of
petition for writ of prohibition or certiorari dissolved. See per curiam this date.
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, an Original Action. Petition to amend Rules
1.2, 4.2, and 4.3 of the Arkansas Rules of Professional Conduct. Petition granted. See per
curiam this date.
CV-16-361. Carl Jason Jackson v. Arkansas Department of Human Services and C.J.,
Minor Child, from Conway County Circuit Court. Appellant’s motion for rule on clerk is
granted. Danielson, J., would deny.
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CR-94-1016. Clarence James Ashby v. State of Arkansas, from Saline 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 and motion to grant petition. Petition and motion
denied. See per curiam this date.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 12, 2016
PER CURIAM ORDERS
CR-03-1181. Abraham Grant v. State of Arkansas, from Phillips County Circuit Court.
Petitioner’s sixth pro se petition to reinvest jurisdiction in the trial court to consider a
petition for writ of error coram nobis. Motion dismissed.
CR-15-885. Jon Mills v. State of Arkansas, from Saline County Circuit Court. Appellee’s
motion to dismiss appeal is granted.
CR-15-968. Willie James Smith v. State of Arkansas, from Ashley County Circuit Court.
Appellee’s motion to dismiss appeal is granted.
CR-15-1029. Xavier Thomas v. State of Arkansas, from Jefferson County Circuit Court.
Appellee’s motion to dismiss appeal is granted.
CR-16-280. Brian Joseph Woodall v. State of Arkansas, from Lonoke County Circuit
Court. Petitioner’s pro se motion for belated appeal is dismissed.
CV-15-789. Malik Muntaqim v. Gaylon R. Lay et al., from Jefferson County Circuit Court.
Appellant’s pro se motion for a belated non-conforming reply brief. Motion denied;
conforming reply brief due 60 days from the date of this opinion. See per curiam this date.
In Re Arkansas Access to Justice Foundation, Inc. See per curiam this date.
Bill Waddell, Esq., of Little Rock is reappointed to the Board of Directors
of Arkansas Access to Justice Foundation, Inc., for a three-year term to expire on
April 30, 2019. We thank Mr. Waddell for accepting reappointment to the board
and for his work in this important endeavor.
Victoria Smith, Esq., of Fayetteville is appointed to the Board of Directors
of Arkansas Access to Justice Foundation, Inc., for a three-year term to expire on
April 30, 2019. We thank Ms. Smith for accepting appointment to the board.
Finally, the court expresses its gratitude to Dick Downing, Esq., of Little
Rock, whose term has expired, for his years of valuable service to the board.
In Re Recommendations of the Committee on Civil Practice. See per curiam this date.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 12, 2016
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CR-15-68. Latavious D. Johnson v. State of Arkansas, from Lee County Circuit Court.
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PETITIONS FOR REVIEW:
CV-15-1040. Tricia Dundee v. Brenda Horton and Geico General Insurance Company,
from Sebastian County Circuit Court, Greenwood District.
CV-16-9. Tim Caldwell v. Columbia Mutual Insurance Company, from Lee County
Circuit Court.
CV-16-82. Alicia Dawn Neumann v. Lloyd Draughon Smith, from Miller County Circuit
Court.
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CR-16-125. Arthur L. Hicks v. State of Arkansas, from Arkansas County Circuit Court,
Northern District. Appellant’s motion to remand to settle the record and to stay briefing.
CR-16-134. Frank P. Campbell v. State of Arkansas, from Carroll County Circuit Court,
Eastern District. Resubmission of appellant’s motion to declare defendant indigent and to
order the circuit clerk and court reporter to prepare the record.
CV-15-935. Stephens Production Company v. Kathy Bennett, Franklin County Assessor;
Sylvie Knoles, Franklin County Collector; and Franklin County, Arkansas, from Franklin
County
Circuit
Court,
Northern
District.
Appellant’s
motion
for
permission
to
file
supplemental brief.
CV-16-10. Erin Lane Potts v. Timothy D. Potts, Jr., from Sebastian County Circuit Court,
Fort Smith District. Appellant’s motion to file supplemental briefs.
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 motion for extension of time to pay filing fee, motion for clarification of
Court’s decision of May 6, 2016.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 12, 2016
MOTIONS SUBMITTED
CV-16-183. Cardinal Health v. Beth’s Bail Bonds, Inc., and Cassondrea Livingston, from
Pulaski County Circuit Court, Sixth District. Motion to supplement record in order to
complete partial record lodged on February 26, 2016.
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 second motion to correct the record or, in the
alternative, petition for writ of certiorari to complete the record.
CV-16-375. Kathy Roberts and Karen McShane v. Unimin Corporation, from the United
States District Court, Eastern District of Arkansas, Batesville Division. Motion to certify
a question of law.
D-16-406. In Re Heidi Atkins Lieberman, Arkansas Bar No. 84168, an Original Action.
Petition of Heidi Atkins Lieberman, Arkansas Bar No. 84168, for voluntary surrender of
license (resignation).
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CR-06-1327. Terry Lee Ward v. State of Arkansas, from Pulaski County Circuit Court,
Fourth Division. Petitioner’s pro se motions for amended notice of appeal and for amended
belated appeal and for copy of briefs and other relief to correct or amend filings.
CR-15-853. Bryant Turner v. State of Arkansas, from Faulkner County Circuit Court.
Petitioner’s pro se motion to file belated brief.
CV-15-870.
Frank
Watts
II
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lincoln County Circuit Court. Pro se petition for writ of mandamus,
motion for extension of time to file brief, petition for correction or modification of the
record, and motion for rule on clerk.
CV-16-167.
Billy
Ray
Smith
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lee County Circuit Court. Motion for appointment of counsel and for an
extension of time in which to file first appellant brief.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MAY 12, 2016
CASES SUBMITTED
CR-15-927. Dion Robinson v. State of Arkansas, from Pulaski County Circuit Court, First
Division.
CR-15-1009. James Edward Green, Jr. v. State of Arkansas, from Drew County Circuit
Court.
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. Orally argued.
CV-15-902. In the Matter of James S. Corn, a Disabled Person, from Pulaski County
Circuit Court, Twelfth Division.
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