Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 PAUL E. DANIELSON, JUSTICE CR-15-890. State of Arkansas v. Walter Cecil Gray, from Washington County Circuit Court. Dismissed in part; affirmed in part. Baker, Goodson, and Hart, JJ., dissent. KAREN R. BAKER, JUSTICE CR-16-412. Rickey Dale Newman v. Honorable Gary R. Cottrell, Crawford County Circuit Court, from Crawford County Circuit Court. Petition denied. COURTNEY HUDSON GOODSON, JUSTICE CV-16-257. Sarah C. Gildehaus v. Arkansas Alcoholic Beverage Control Board and Christopher Moore, from Benton County Circuit Court. Affirmed; court of appeals’ opinion vacated. Special Justice Steven L. Brooks joins. Danielson, J., not participating. RHONDA K. WOOD, JUSTICE CR-16-53. Dustin Dale Limbocker v. State of Arkansas, from Crawford County Circuit Court. Affirmed. Danielson and Hart, JJ., dissent. CR-16-87. Todd Aaron Smith v. State of Arkansas, from Miller County Circuit Court. Affirmed. ROBIN F. WYNNE, JUSTICE CV-15-595. Randeep S. Mann and John Doe #1, John Doe #2, and John Doe #3 v. Trent P. Pierce and Melissa Pierce, from Crittenden County Circuit Court. Affirmed; motions denied. Goodson, J., concurs. Wood, J., concurs in part and dissents in part. Baker and Hart, JJ., dissent. CV-16-47. Christopher Moore v. Arkansas Alcoholic Beverage Control Board and Sarah C. Gildehaus, from Pulaski County Circuit Court, Seventeenth Division. Affirmed. Special Justice Steven L. Brooks joins. Danielson, J., not participating. PER CURIAM OPINIONS CR-15-853. Bryant E. Turner v. State of Arkansas, from Faulkner County Circuit Court. Affirmed. CR-16-203. Curtis Lamont Horton v. State of Arkansas, from Saline County Circuit Court. Affirmed; motion denied.

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 PER CURIAM ORDERS REVIEWS DENIED: Petitions for review were denied today in the following cases. CV-16-828. Lindsey Gibson v. Morgan Keener, from Boone County Circuit Court. Hart and Wynne, JJ., would grant. CV-16-829. Emergency Ambulance Services v. David Pritchard, from the Arkansas Workers’ Compensation Commission. CV-16-918. Phillip Hambrick v. Arkansas Department of Human Services and Minor Children, from White County Circuit Court. Hart, J., would grant. ********************************************* CR-16-415. Ka’Ron Daule Mohammed v. State of Arkansas, from Garland County Circuit Court. Appellee’s motion to belatedly submit supplemental record and extension of brief time is granted. CR-16-659. Jonathan Antonio Woods v. State of Arkansas, from Drew County Circuit Court. Motion of Robert L. Depper, Jr., to withdraw and to reappoint counsel is granted. Appellant’s pro se motion for appointment of counsel is granted. (Proceedings of November 17, 2016) CR-16-949. Eric Darnell Thrower v. State of Arkansas, from Ouachita County Circuit Court. Appellant’s motion to be relieved as counsel; to stay briefing schedule; and for the appointment of new counsel is granted. See per curiam this date. CR-16-988. Angela R. Patterson v. State of Arkansas, from Poinsett County Circuit Court. Appellant’s motion for rule on clerk is granted. CV-16-472. Reginald L. Dunahue v. Hon. Jodi Raines Dennis, Circuit Judge, and Cindy Glover, Circuit Clerk of Lincoln County, from Lincoln County Circuit Court. Petitioner’s petition for intervention and court order to comply treated as motion for writ of mandamus. Petition granted in part and dismissed as moot in part; special master’s recommendation adopted. See per curiam this date. CV-16-992. Luetta Dawson v. Ray Dawson, Jr., from Phillips County Circuit Court. Appellant’s motion to remand to circuit court to settle the record is granted. 2

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 PER CURIAM ORDERS D-16-1010. In Re DeLisa K. Blanton, Arkansas Bar No. 2000014, an Original Action. Petition of DeLisa K. Blanton, Arkansas Bar No. 2000014, for voluntary surrender of license (resignation) is granted. D-16-1012. In Re Lawrence Ortegon Orta, Arkansas Bar No. 2010052, an Original Action. Petition of Lawrence Ortegon Orta, Arkansas Bar No. 2010052, for voluntary surrender of license (resignation) is granted. D-16-1013. In Re Robert Atherton Blanshard, Arkansas Bar No. 78181, an Original Action. Petition of Robert Atherton Blanshard, Arkansas Bar No. 78181, for voluntary surrender of license (resignation) is granted. D-16-1014. In Re Adam O. Fellows, Arkansas Bar No. 98038, an Original Action. Petition of Adam O. Fellows, Arkansas Bar No. 98038, for voluntary surrender of license (resignation) is granted. ********************************************* CR-09-339. Adam Davis, Jr. v. State of Arkansas, from Garland County Circuit Court. Petitioner’s pro se motion for leave to file reply to respondent’s response and take judicial notice that incompetence to stand trial is a claim within the scope of writ of error coram nobis and motion for evidentiary hearing on his competence to stand trial; and pro se motion for leave to file a supplemental reply to respondent’s response and take judicial notice that incompetence to stand trial is a claim within the scope of writ of error coram nobis and motion for evidentiary hearing on his competence to stand trial. Petitioner’s motion to file a reply to respondent’s response to coram-nobis petition and motion to file supplemental reply to respondent’s response moot (petition for writ of coram nobis dismissed July 21, 2016). CR-16-687. Joseph M. Bienemy v. State of Arkansas, from White County Circuit Court. Appellant’s pro se motion for extension of time to submit appeal brief and waive addendum requirement or, alternatively, order the appellee to submit supplemental addendum. Appeal dismissed; motion moot. See per curiam this date. CR-16-706. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellant’s pro se motion for amended and supplemental pleadings, for appointment of counsel, for preliminary injunction order and temporary restraining order, and to consolidate appeals. Appeal dismissed, but matter remanded for amended sentencing order in 60CR-77-1934; motion moot. See per curiam this date. 3

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 PER CURIAM ORDERS CR-16-707. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellant’s pro se motion for amended and supplemental pleadings, for appointment of counsel, for preliminary injunction order and temporary restraining order, and to consolidate appeals. Appeal dismissed, but matter remanded for amended sentencing order in 60CR-77-1934; motion moot. See per curiam this date. CR-16-708. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellant’s pro se motion for amended and supplemental pleadings, for appointment of counsel, for preliminary injunction order and temporary restraining order, and to consolidate appeals. Appeal dismissed, but matter remanded for amended sentencing order in 60CR-77-1934; motion moot. See per curiam this date. CR-16-746. Mark Anthony Ward v. Honorable Richard Proctor, Circuit Judge, from St. Francis County Circuit Court. Petitioner’s pro se petition for writ of mandamus is moot. CR-16-794. Louis Edward Richard v. State of Arkansas, from Howard County Circuit Court. Petitioner’s pro se motion for belated appeal of order is denied. See per curiam this date. CV-16-316. Cody Ward v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Appellant’s pro se appeal from order dismissing a pro se petition for judicial review. Supplemental briefing ordered. See per curiam this date. In Re Arkansas Judicial Discipline and Disability Commission. See per curiam this date. Judge Mark Lindsay, of Fayetteville, Arkansas, and Judge David Guthrie, of El Dorado, Arkansas, are appointed to the Arkansas Judicial Discipline and Disability Commission for six-year terms to fill expired terms of Judge Jim Spears and Judge Don Glover, to expire on December 31, 2022. We thank Judge Lindsay and Judge Guthrie for accepting these important positions. The court thanks Judge Jim Spears and Judge Don Glover whose terms will expire on December 31, 2016, for their service to this important commission. 4

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 MOTIONS SUBMITTED PETITION FOR REHEARING: CR-16-728. James Ray Thompson v. State of Arkansas, from Miller County Circuit Court. ********************************************* PETITIONS FOR REVIEW: CV-16-801. Razorback Cab of Fort Smith, Inc., and Mark Nunez v. Danaye Amon, from Sebastian County Circuit Court, Fort Smith District. CV-16-871. John Michael Peace v. Christina Malin, from Pulaski County Circuit Court, Seventeenth Division. CV-16-991. Courtney Holmes v. Arkansas Department of Human Services and Minor Children, from Benton County Circuit Court. ********************************************* CR-07-1281. Ken Swindle v. State of Arkansas, from Washington County Circuit Court. Petitioner’s pro se petition for writ of error coram nobis. 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. Appellees’ status report. 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. Appellants’ status report. CV-16-434. Teresa Lynette Bloodman v. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct. Petitioner’s motion for reconsideration and incorporated memorandum. CV-16-434. Teresa Lynette Bloodman v. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct. Petitioner’s petition for rehearing and incorporated brief. 5

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 MOTIONS SUBMITTED CV-16-434. Teresa Lynette Bloodman v. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct. Respondent’s motion to strike tendered reply to response to motion for reconsideration and motion to require consolidation of petitioner’s motion for reconsideration and petition for rehearing or any further pleadings related to either. CV-16-473. Mark Stodola, Mayor of the City of Little Rock; City of Little Rock; Joe Smith, Mayor of the City of North Little Rock; and City of North Little Rock v. Jim Lynch, Tony Orr, and Glen M. Miller, from Pulaski County Circuit Court, Seventeenth Division. Joint motion for stay or, alternatively, for an extension of time for appellees’ brief. CV-16-587. Robert Heffernan v. Wendy Kelley, Director, Arkansas Department of Correction, from Hot Spring County Circuit Court. Appellant’s pro se motion for reconsideration of dismissal of appeal. CV-16-937. Robin Emis v. Circuit Court of Pulaski County, from Pulaski County Circuit Court, Sixteenth Division. Motion of the Circuit Court of Pulaski County to dismiss the amended petition for writ of certiorari. CV-16-1035. Joyce Harris v. Gregory Harris, from Pulaski County Circuit Court, Thirteenth Division. Appellant’s pro se petition to proceed in forma pauperis. CV-16-1036. Patti Robinson Scott, as the Administratrix of the Estate of Donal Robinson, Sr. v. CenterPoint Energy Resources Corporation, from Hempstead County Circuit Court. Appellant’s motion for expansion of page limit for motion for rule on clerk. ********************************************* CR-09-831. Benjamin Carter, Jr. v. State of Arkansas, from Union 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-15-1022. Adam Eugene Lane v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Appellant’s pro se motion to file a pro se supplemental brief. CR-16-803. Christopher Dean King, Sr. v. State of Arkansas, from Bradley County Circuit Court. Appellant’s pro se motion for belated appeal of order, for rule on clerk, for appointment of counsel, for duplication of record at State’s expense, and to amend or supplement appeal. 6

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 MOTIONS SUBMITTED CV-16-524. Tommy Hall v. State of Arkansas, from Jefferson County Circuit Court. Appellant’s pro se petition for intervention. 7

ARKANSAS SUPREME COURT PROCEEDINGS OF DECEMBER 1, 2016 CASES SUBMITTED CV-15-558. Brenda Hendrix v. Alcoa, Inc., and Breeding Insulation Company, from Saline County Circuit Court. Orally argued. CR-15-948. Randy William Gay v. State of Arkansas, from Garland County Circuit Court. CR-16-7. Timothy Lamont Howard v. State of Arkansas, from Little River County Circuit Court. CR-16-362. Sherri Currie v. State of Arkansas, from Craighead County Circuit Court, Western District. CV-16-248. CACH, LLC, and Square Two Financial Corporation v. William Echols, from Clark County Circuit Court. ********************************************* 8