ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
PER CURIAM OPINIONS
CR-15-658. Antonio Williams v. State of Arkansas, from Pulaski County Circuit Court,
Fourth Division. Affirmed.
CV-16-1015.
Matthew
W.
Barnett
v.
Dexter
Payne,
Assistant
Director,
Arkansas
Department of Correction; Ms. Ramsey, Grimes Unit Classification Officer; and Mr.
Pearce, Grimes Unit Classification Officer, from Pulaski County Circuit Court, Sixth
Division. Remanded.
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
PER CURIAM ORDERS
REVIEW GRANTED: Petition for review was granted today in the following case.
CR-17-196. Alexander Pokatilov v. State of Arkansas, from Lonoke County Circuit Court.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CV-16-1121. Jeannie Sherman v. Raymond Boeckmann, from Cross County Circuit
Court.
CV-16-1136.
S.E.
Arnold
and
Company,
Inc.
d/b/a
Arnold’s
Flooring
America
v.
Cincinnati Insurance Company, from Pulaski County Circuit Court, Second Division.
CV-17-222. Ricky Howell and Susan Howell v. Arkansas Department of Human Services
and Minor Children, from Washington County Circuit Court. Kemp, C.J., and Wynne, J.,
would grant.
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CR-92-1385. Don William Davis v. State of Arkansas, from Benton County Circuit Court.
Motion of Scott W. Braden and Deborah Sallings for permission to be recognized as
counsel on behalf of appellant; appellant’s emergency motion to expedite consideration;
and appellant’s motion to expand page limit are granted. (Proceedings of April 12, 2017)
CR-98-510. Jason Farrell McGehee v. State of Arkansas, from Boone County Circuit
Court. Appellant’s motion for reconsideration and stay of execution is denied. Goodson,
Hart, and Wynne, JJ., would grant and find motion for stay of execution moot.
CR-98-657. Bruce Earl Ward v. State of Arkansas, from Pulaski County Circuit Court,
Seventh Division. Motion of Scott W. Braden and Deborah Sallings for permission to be
recognized as counsel on behalf of appellant; appellant’s emergency motion to expedite
consideration; and appellant’s motion to expand page limit are granted. (Proceedings of
April 12, 2017)
CR-00-528. Don William Davis v. State of Arkansas, from Benton County Circuit Court.
Motion of Scott W. Braden and Deborah Sallings for permission to be recognized as
counsel on behalf of appellant; appellant’s emergency motion to expedite consideration;
and appellant’s motion to expand page limit are granted. (Proceedings of April 12, 2017)
2
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
PER CURIAM ORDERS
CR-16-63. Kenneth Ray Marshall v. State of Arkansas, from Columbia County Circuit
Court. Supplemental record ordered; substituted briefing ordered. See per curiam this
date.
CR-17-239. State of Arkansas v. Rickey Dale Newman, from Crawford County Circuit
Court. Appellee’s motion for expedited briefing schedule is denied.
CV-16-596. Robert Steinbuch v. University of Arkansas a/k/a University of Arkansas-
Little Rock; Michael Schwartz, in His Official Capacity; Theresa Beiner, in Her Official
Capacity; Zulma Toro, in Her Official Capacity; and Joann Maxey, in Her Official
Capacity, from Pulaski County Circuit Court, Sixth Division. Appellant’s and Appellees’
status reports are noted. Goodson, Wood, and Wynne, JJ., not participating.
CV-17-132. Tomasz B. Tomczyk v. Janelle B. Buie, from Sebastian County Circuit Court,
Fort Smith District. Appellant’s pro se motion for reconsideration of denial of motion for
rule on clerk is denied.
CV-17-217. St. Vincent Infirmary Medical Center v. Circuit Court of Pulaski County,
Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner’s petition for writ
of certiorari is moot.
CV-17-217. St. Vincent Infirmary Medical Center v. Circuit Court of Pulaski County,
Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner’s application for
temporary relief in connection with petition for writ of certiorari is moot.
CV-17-217. St. Vincent Infirmary Medical Center v. Circuit Court of Pulaski County,
Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner’s motion to
dismiss petition for writ of certiorari and application for temporary relief is granted.
CV-17-237. Thomas Welvaert v. Arkansas Department of Human Services and Minor
Child, from Conway County Circuit Court. Appellant’s motion for rule on clerk is granted.
CV-17-243. Entergy Arkansas, Inc., and Entergy Operations, Inc. v. Ronnie Francis, from
Pope County Circuit Court. Petitioners’ petition for permission to appeal is granted.
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3
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
PER CURIAM ORDERS
CR-95-985. Greg Hogue v. State of Arkansas, from Pulaski County Circuit Court, Second
Division. Petitioner’s pro se second petition to reinvest jurisdiction in the trial court to
consider a petition for writ of error coram nobis and to proceed in forma pauperis is denied.
Hart, J., would grant. See per curiam and dissenting opinion this date.
CR-16-547. Matthew Wayne Nichols v. State of Arkansas, from Pulaski County Circuit
Court, Fifth Division. Appellant’s pro se motions for extension of time to file brief and to
duplicate appellant’s brief at public expense. Appeal dismissed; motions moot. See per
curiam this date.
CR-16-574. John Richard Lukach v. State of Arkansas, from Hot Spring County Circuit
Court. Petitioner’s pro se motions for writ of certiorari; to duplicate brief at State’s
expense; for an expansion of the page limit; for appointment of counsel; to compel
Arkansas Department of Correction; in support of affidavit; and objections to refusal to
respond. Appeal dismissed as to 30CR-91-115 & 30CR-91-126; motion for writ of
certiorari treated as motion to supplement the record and for extension of time and denied
in part, moot in part, and granted in part; remanded for supplemental record; objections
and motion in support of affidavit moot; motion to duplicate brief, for an expansion of the
page limit, for appointment of counsel, and to compel denied. See per curiam this date.
CR-16-702. Mark David Johnson v. State of Arkansas, from Drew County Circuit Court.
Petitioner’s pro se motions for extension of brief time and for rule on clerk to file brief are
granted; brief previously tendered may be resubmitted for filing within fourteen days (April
27, 2017) from the date of this per curiam order.
CV-16-866. Rodney Dewayne Johnson v. State of Arkansas, from Lee County Circuit
Court. Appellant’s pro se motion for the court to reject appellee’s brief as untimely for
failure to comply with Arkansas Supreme Court Rule 4-7 and request to censure appellee’s
conduct is denied.
CV-16-1017. Jeremy S. Kennedy v. John Felts, Chairman, Arkansas Parole Board, and
Arkansas Parole Board, from Pulaski County Circuit Court, Sixth Division. Appellant’s
pro se appeal of denial of petition for leave to proceed in forma pauperis. Remanded to the
circuit court to enter a supplemental order setting forth the court’s factual findings that
were the basis for the order denying in forma pauperis status in accord with Arkansas Rule
of Civil Procedure 72 (2016); remand, including any supplemental record, returnable to
this court within thirty days (May 13, 2017) from the date of this per curiam order; upon
return of the remand, a new briefing schedule will be set for the appeal.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
PER CURIAM ORDERS
CV-16-1060. Khalid Ryahim Alexander v. Wendy Kelley, Director, Arkansas Department
of Correction, from Jefferson County Circuit Court. Appellant’s pro se motions objecting
to scheduling order and for relief from judgment. Appeal dismissed; motions moot. See
per curiam this date.
In Re Arkansas Board of Law Examiners. See per curiam this date.
Ernest Sanders of Little Rock is appointed to the Board of Law
Examiners for a six-year term concluding on April 13, 2023. Mr. Sanders will be
an at-large member and replaces Melissa McJunkins “Missy” Duke of Little Rock
whose term has concluded.
The
Court
extends
its
sincere
appreciation
to
Mr.
Sanders
for
accepting
appointment
to
this
important
board.
The
Court
also
expresses
its
gratitude to Ms. Duke for her dedicated service to the board.
In Re Arkansas Continuing Legal Education Board. See per curiam this date.
The Honorable Laurie Bridewell of Lake Village is appointed to the
Continuing Legal Education Board for a three-year term to expire on April 13, 2020.
Judge Bridewell will represent the First Congressional District and replaces Judge
Mitch Cash, whose term has concluded.
Melissa McJunkins “Missy” Duke of Little Rock is appointed to the
Continuing Legal Education Board for a three-year term to expire April 13, 2020.
Ms. Duke will be an at-large representative, Position Nine; she replaces Elisa White
of Little Rock, whose term has concluded.
Jim Jackson of Little Rock is reappointed to the Continuing Legal
Education Board for a three-year term to expire on April 13, 2020. Mr. Jackson is
an at-large representative, Position Six.
The court extends its sincere appreciation to Judge Bridewell and Ms.
Duke for accepting appointment to this important board and to Mr. Jackson for
accepting reappointment. The court also thanks Judge Cash and Ms. White for their
years of dedicated service on this board.
5
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
MOTIONS SUBMITTED
PETITION FOR REHEARING:
CR-16-427. Derrick Gerade Lambert v. State of Arkansas, from Drew County Circuit
Court.
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PETITIONS FOR REVIEW:
CR-17-194. George Wesley Bates, Jr. v. State of Arkansas, from Poinsett County Circuit
Court.
CV-16-1120. Southern Farm Bureau Casualty Insurance Company v. Shelter Mutual
Insurance Company and Tommy Roberson, from Ashley County Circuit Court.
CV-16-1137. Chelsea S. Harley v. Wyndham S. Dempster, Sr., from Pulaski County
Circuit Court, Fourteenth Division.
CV-16-1147. Judith L. Arnold v. Jerry K. Ashworth, from Newton County Circuit Court.
CV-17-10. James Branch v. Stephanie Branch, from Saline County Circuit Court.
CV-17-108. Carolyn Lawson v. Simmons Sporting Goods, Inc., from Ashley County
Circuit Court.
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CV-16-899. The W L Harper Company and American Zurich Insurance Company v.
George T. Woods, from the Arkansas Workers’ Compensation Commission. Appellants’
motion to dismiss appeal.
CV-16-1072. John E. Kiesling, Jr. v. Arkansas Professional Bail Association, from Pulaski
County Circuit Court, Twelfth Division. Appellant’s pro se motion for transfer back to the
Arkansas Supreme Court.
6
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
MOTIONS SUBMITTED
CV-16-1080. Geraldine Henson, as Personal Representative of the Estate of David
Henson,
Deceased
v.
Kelley
Cradduck,
in
His
Official
Capacity;
Keith
Ferguson,
Individually; Jeff Robbins, Individually and in His Official Capacity; Jeremy Guyll; Olin
Rankin; Janna Hulet; Michelle Wills; Warren Lafferty; Association of Arkansas Counties;
and John or Jane Does 8-25, from Benton County Circuit Court. Appellant’s motion to
certify appeal to the Arkansas Supreme Court.
CV-16-1096. Gerber Products Company, Inc. v. CECO Concrete Construction, LLC;
Alberici
Constructors,
Inc.;
and
Vee-Jay
Cement
Contracting
Company,
Inc.,
from
Sebastian
County
Circuit
Court,
Fort
Smith
District.
Respondent
CECO
Concrete
Construction, LLC’s motion to dismiss appeal.
CV-16-1137. Chelsea S. Harley v. Wyndham S. Dempster, Sr., from Pulaski County
Circuit Court, Fourteenth Division. Appellee’s motion to file belated response.
CV-16-1137. Chelsea S. Harley v. Wyndham S. Dempster, Sr., from Pulaski County
Circuit Court, Fourteenth Division. Appellant’s motion to withdraw petition for review.
CV-16-1147. Judith L. Arnold v. Jerry K. Ashworth, from Newton County Circuit Court.
Appellant’s pro se motion to amend petition for review.
CV-17-16. Theresa Marshall, Herman Marshall, and Earnest Marshall v. Nathaniel L.
Marshall, Personal Representative of the Estate of Willie James Marshall, Deceased, from
Pulaski County Circuit Court, Fourteenth Division. Appellant Theresa Marshall’s pro se
motion and brief in support for complete record.
CV-17-103. Air Evac EMS, Inc. v. USABLE Mutual Insurance Co. d/b/a Arkansas Blue
Cross and Blue Shield, from United States District Court, Eastern District of Arkansas,
Western Division. Petitioner’s motion to admit out-of-state counsel pro hac vice.
CV-17-262. Little Rock Studios, LLC d/b/a H&H Agency and Erin Henry v. Melton
Properties, LLC, from Pulaski County Circuit Court, Sixth Division. Appellants’ petition
for writ of certiorari to extend time to lodge the record.
CV-17-263.
Susannah
Baxter
v.
John
Wing,
from
Benton
County
Circuit
Court.
Petitioner’s petition for writ of certiorari.
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7
ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
MOTIONS SUBMITTED
CR-14-1088. Fred L. Williams v. State of Arkansas, from Drew 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-16-1088. Mark T. Crutcher v. Honorable Gordon Webb, Circuit Judge, from Baxter
County Circuit Court. Petitioner’s pro se petition for writ of mandamus.
CR-17-145. Eric C. Burgie v. State of Arkansas, from Garland County Circuit Court.
Petitioner’s pro se motions for rule on clerk.
CV-16-907. Kenneth Ray Pitts v. Patrick S. Drummond, APN; William Benton, Health
Services Administrator; Roy Griffins, Deputy Director, Health and Correctional Program;
Arkansas Department of Correction, from Pulaski County Circuit Court, Sixth Division.
Appellant’s pro se motions for appointment of counsel and to proceed without costs.
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ARKANSAS SUPREME COURT
PROCEEDINGS OF APRIL 13, 2017
CASES SUBMITTED
CV-16-545. Department of Arkansas State Police v. Keech Law Firm, P.A., from Pulaski
County Circuit Court, Seventeenth Division. Orally argued.
CV-16-148. Don Paul Bales v. City of Fort Smith, Arkansas, from Sebastian County
Circuit Court, Fort Smith District.
CV-16-584. Robinson Nursing and Rehabilitation Center, LLC d/b/a Robinson Nursing
and Rehabilitation Center; Central Arkansas Nursing Centers, Inc.; Nursing Consultants,
Inc.; and Michael Morton v. Andrew Phillips, as Personal Representative of the Estate of
Dorothy Phillips, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Dorothy
Phillips, and on Behalf of Themselves and All Others Similarly Situated, from Pulaski
County Circuit Court, Sixth Division.
CV-16-697. Helena Country Club v. Billy Ray Brocato d/b/a Splash Pool & Spa, from
Phillips County Circuit Court.
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CR-16-961. Don Earl Lewis v. State of Arkansas, from Miller County Circuit Court.
Opinions are available on the internet at
http://courts.arkansas.gov
9
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