ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
JOHN DAN KEMP, CHIEF JUSTICE
CV-16-277. Jane Lipscomb Stone, Individually and as Executrix of the Estate of Madolene
Stone, Deceased; Benjamin Hicks Stone III; Ruth Stone Jones; Margaret Stone Cotter;
Harriet Stone Evans; Patricia Marty Stone; Edward Durell Stone III; Maria Francesca
Stone; Fiona Campbell Stone; and Matthew Whelpley v. Washington Regional Medical
Center
and
City
of
Fayetteville,
Arkansas,
from
Washington
County
Circuit
Court.
Affirmed; court of appeals opinion vacated. Baker and Hart, JJ., concur in part; dissent in
part.
JOSEPHINE LINKER HART, JUSTICE
CV-16-185. Elizabeth Ann Williamson, Administrator of the Estate of Cynthia Frazier v.
Baptist Health Medical Center, from Pulaski County Circuit Court, Third Division. Appeal
dismissed; court of appeals opinion vacated. Baker, J., concurs. Hart, J., joins.
RHONDA K. WOOD, JUSTICE
CV-16-233. Truman Arnold Companies v. Miller County Circuit Court, from Miller
County Circuit Court. Petition granted.
CV-16-840. George Pritchett, Russell Skallerup and Bruce Mitchell v. City of Hot Springs,
Arkansas, from Garland County Circuit Court. Affirmed. Hart, J., dissents.
SHAWN A. WOMACK, JUSTICE
CV-15-789.
Malik
Muntaqim,
ADC
#088633
v.
Ray
Hobbs,
Director
of
Arkansas
Department of Correction; Gaylon Lay, Warden of Cummins Unit; Larry May, Chief
Deputy
Director;
Grant
Harris,
Deputy
Director;
Wendy
Kelley,
Deputy
Director;
Raymond Naylor, Internal Affairs Administrator; Randy Watson, Warden of Varner Unit;
Marvin Evans, Deputy Director; Eddie Selvey, Deputy Warden ADC; Crystal Wood,
Classification Officer Cummins Unit; Michelle Williams, Deputy Warden Cummins Unit;
Patricia
Baxter,
Mailroom
Supervisor
Cummins
Unit;
Leonard
Banks,
Chaplain
of
Cummins Unit; Sgt. S. Cook, Correctional Officer Cummins Unit; Tiffanye Compton,
Grievance Coordinator Central Office; Dennise Alexander, Publication Review Central
Office; Jan Scussell, Publication Review Central Office; Tami Aiken, Publication Review
Central Office; John M. Wheeler, Religious Administrator Central Office; April Gibson,
Grievance
Officer
Cummins
Unit;
Lisa
R.
Hall,
Grievance
Officer
Cummins
Unit;
Muhammad Ameen, Islamic Chaplain Central Office, from Jefferson County Circuit
Court. Dismissed in part; reversed and remanded in part.
ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
SHAWN A. WOMACK, JUSTICE (Continued)
CV-16-151. Gregory L. Pelts v. Shelly A. Pelts, from Lonoke County Circuit Court.
Reversed and remanded; Court of appeals opinion vacated. Kemp, C.J., and Goodson and
Wynne, JJ., concur in part; dissent in part.
CV-16-234. Truman Arnold Companies v. Miller County Circuit Court, from Miller
County Circuit Court. Petition for writ of prohibition granted.
PER CURIAM OPINIONS
CR-16-415. Ka’Ron Daule Mohammed v. State of Arkansas, from Garland County Circuit
Court. Affirmed; remanded with instructions.
CV-16-929. Deontae Antonio Fulton v. State of Arkansas, from Chicot County Circuit
Court. Affirmed.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CV-16-851.
Wesley
Jefferson
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lee County Circuit Court.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR-16-759. James Hall v. State of Arkansas, from Drew County Circuit Court.
CR-16-819. Anthony L. Bragg v. State of Arkansas, from Boone County Circuit Court.
CV-16-824. Lakesia Chandler and Jasmine Davis v. Wal-Mart Stores, Inc., L’OREAL
USA, Inc., and L’OREAL USA Products, Inc., from Phillips County Circuit Court. Hart,
J., would grant. See dissenting opinion this date.
CV-16-945. Lydia Burch v. Daryl Bassett, Director, Department of Workforce Services,
and Weldon, Williams & Lick, Inc., from the Arkansas Board of Review.
*********************************************
CR-98-510. Jason Farrell McGehee v. State of Arkansas, from Boone County Circuit
Court. Appellant’s motion to recall the mandate is denied. Goodson, Hart, and Wynne,
JJ., would take as a case.
CR-98-510. Jason Farrell McGehee v. State of Arkansas, from Boone County Circuit
Court. Appellant’s motion to take as a case is denied. Goodson, Hart, and Wynne, JJ.,
would grant motion to take as a case.
CR-08-1385. Edward Carter v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motion for reconsideration is denied.
CR-16-759.
James
Hall
v.
State
of
Arkansas,
from
Drew
County
Circuit
Court.
Appellant’s pro se motion to stay sentence pending appeal and appointment of special
circuit court judge is denied.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
PER CURIAM ORDERS
CR-16-1075. Olajuwon Smith v. State of Arkansas, from Benton County Circuit Court.
Appellee’s motion to supplement the record and accompanying motion for extension of
brief time is granted.
CV-16-851.
Wesley
Jefferson
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lee County Circuit Court. Appellant’s pro se motion for extension of
time to file a brief in support of petition for rehearing is denied.
CV-17-140. In Re Scott County Circuit Court, an Original Action. Petition of Tom Tatum
II, Prosecuting Attorney for the Fifteenth Judicial District is granted.
CV-17-161. Phillips Hospital Corporation d/b/a Helena Regional Medical Center, Dr.
Arthur Levy, and Dr. James Major v. Dewayne Douglas Dowd, Sr., Individually, and as
Administrator of the Estate of Cora Lee Dowd, Deceased, from Phillips County Circuit
Court. Motion of Dr. Arthur Levy for writ of certiorari to complete the record is granted.
Appellee’s motion to dismiss is denied.
D-17-178. In Re Lisa Renee’ Pruitt, Arkansas Bar No. 89238, an Original Action. Petition
of
Lisa
Renee’
Pruitt,
Arkansas
Bar
No.
89238,
for
voluntary
surrender
of
license
(resignation) is granted.
*********************************************
CR-08-616. Rickey C. Strain, Jr. v. State of Arkansas, from Jefferson County Circuit
Court. Petitioner’s pro se petition to recall mandate to reinvest jurisdiction in the trial court
to consider a petition for writ of error coram nobis and other postconviction relief is denied.
See per curiam this date.
CR-17-35. Deontae Fulton v. State of Arkansas, from Pulaski County Circuit Court, Fourth
Division. Petitioner’s pro se motion for rule on clerk to proceed with motion for belated
appeal without a certified record is denied. See per curiam this date.
CR-17-57. Shaun C. Allen v. State of Arkansas, from Faulkner County Circuit Court.
Petitioner’s pro se motion for rule on clerk. Motion transferred to the Arkansas Court of
Appeals.
CV-16-814. Willie Gaster Davis, Jr. v. Thomas Deen, Prosecuting Attorney, from Desha
County Circuit Court. Appellant’s pro se motion for belated appeal. Lisa-Marie Norris
appointed as counsel for appellant.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CV-16-673. Malik (Saba) Ka Makkali v. State of Arkansas, from Jefferson County Circuit
Court.
*********************************************
PETITIONS FOR REVIEW:
CR-16-939. Ghedeon Trif v. State of Arkansas, from Pulaski County Circuit Court, Ninth
Division.
CR-17-111. James Bynum v. State of Arkansas, from Scott County Circuit Court.
CV-16-894. Janann Johnson v. Windstream Communications, Inc., from Pulaski County
Circuit Court, Sixth Division.
CV-16-1138. Robert Stewart v. Gary Michaelis, Individually and d/b/a Racer AG Service,
from St. Francis County Circuit Court.
CV-17-113. Chris Bean and Jennifer Bean v. Arkansas Department of Human Services
and Minor Children, from Benton County Circuit Court.
*********************************************
CR-16-588. Larry Lavell Jones v. State of Arkansas, from Garland County Circuit Court.
Motion of Gregg A. Knutson to withdraw as appellate counsel.
CR-16-939. Ghedeon Trif v. State of Arkansas, from Pulaski County Circuit Court, Ninth
Division. Appellant’s pro se motion to supplement petition for review.
CR-16-939. Ghedeon Trif v. State of Arkansas, from Pulaski County Circuit Court, Ninth
Division. Appellant’s pro se motion to withdraw petition for review.
CR-16-1062. Detric D. Wilson v. State of Arkansas, from Lonoke County Circuit Court.
Appellant’s motion for leave to supplement the addendum.
CR-17-163. Justin Isiah Burns v. State of Arkansas, from Garland County Circuit Court.
Motion of Mark S. Fraiser to withdraw as attorney on direct appeal.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
MOTIONS SUBMITTED
CV-16-127. Gary Dye and Linda Dye, Individually and on Behalf of Persons Similarly
Situated v. Diamante, A Private Membership Golf Club, LLC, from Saline County Circuit
Court. Appellants’ motion for reconsideration.
CV-16-211. M&M Environmental Oil Services, LLC, Samuel McFadin, McFadin Global,
Inc., and McFadin Auto Sales, Inc. v. Omega Capital Fund I, L.P., from Faulkner County
Circuit Court. Appellee’s status report.
CV-16-211. M&M Environmental Oil Services, LLC, Samuel McFadin, McFadin Global,
Inc., and McFadin Auto Sales, Inc. v. Omega Capital Fund I, L.P., from Faulkner County
Circuit Court. Appellants’ status report.
CV-16-1011. Tony A. Hickman v. Wendy Kelley, Director, Arkansas Department of
Correction, from Lee County Circuit Court. Petitioner’s pro se motion to file belated
motion for reconsideration.
CV-16-1048.
Barry
Stewart
v.
Wendy
Kelley,
Director,
Arkansas
Department
of
Correction, from Lee County Circuit Court. Appellant’s pro se motion for reconsideration.
CV-16-1094. Nelda Coleman and Charles Coleman, Deceased v. University of Arkansas
for Medical Sciences, Arkansas State Claims Commission Legislative Council, Harmon
Gareth Tobler, M.D., and Richard Betzold, M.D., from Pulaski County Circuit Court,
Sixteenth Division. Appellant’s pro se motion to refund $165 filing fee.
CV-17-158.
Kubota
Tractor
Corporation
and
Kubota
Manufacturing
of
America
Corporation v. The Circuit Court of Carroll County, Arkansas, from Carroll County Circuit
Court, Western District. Petitioners’ petition for writ of certiorari.
CV-17-168. Rich Mountain Community College v. Matthew Andrews, from Phillips
County Circuit Court. Appellant’s unopposed motion for substitution of parties and request
for judicial notice.
CV-17-184. Wynne-Ark., Inc. d/b/a Kelley’s Restaurant v. Richard Baughn Construction,
from Cross County Circuit Court. Petitioner’s petition for interlocutory appeal.
CV-17-184. Wynne-Ark., Inc. d/b/a Kelley’s Restaurant v. Richard Baughn Construction,
from Cross County Circuit Court. Petitioner’s motion to file under seal.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
MOTIONS SUBMITTED
CR-10-6. Danny Henington v. State of Arkansas, from Benton 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.
CR-16-537. Khalin Collins v. State of Arkansas, from Columbia County Circuit Court.
Appellant’s pro se motion to file belated brief.
CR-16-1101. Bruce Wayne Brown v. State of Arkansas, from Garland County Circuit
Court. Appellant’s pro se motion for extension of brief time.
CR-16-1113. Broderick Don Scott v. State of Arkansas, from Pulaski County Circuit
Court, First Division. Appellant’s pro se motion seeking leave to file a reply brief.
CV-16-1016. Howard T. Wood v. State of Arkansas, Arkansas Sentencing Commission,
and
Governor
Asa
Hutchinson,
from
Pulaski
County
Circuit
Court,
Sixth
Division.
Appellant’s pro se motion to file belated brief.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF MARCH 16, 2017
CASES SUBMITTED
CR-16-719. Daniel Curtis Johnson v. State of Arkansas, from Mississippi County Circuit
Court, Chickasawba District.
CV-16-304. Arkansas State Police Retirement System, Kirk Bradshaw, John Allison,
Brant Tosh, Blake Wilson, Donnie Underwood, Joe Miles, and Dr. John Shelnutt v. Glenn
Sligh, Myron Hall, Ricky Briggs, Loyd Franklin, Mack Thompson, and Cleve Barfield,
from Pulaski County Circuit Court, Seventeenth Division.
CV-16-313. City of North Little Rock, Joe Smith, in His Official Capacity as Mayor of
the City of North Little Rock, Debi Ross, Beth White, Linda Robinson, Maurice Taylor,
Steve Baxter, Bruce Foutch, Murry Witcher, and Charlie Hight, in Their Official Capacities
as Aldermen of the City of North Little Rock v. Eugene M. Pfeifer III and Pfeifer Family
Limited Partnership #1, from Pulaski County Circuit Court, Second Division.
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CV-16-887. Richard Alan Davis v. Wendy Kelley, Director, Arkansas Department of
Correction, from Lee County Circuit Court.
Opinions are available on the internet at
http://courts.arkansas.gov
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