Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 KAREN R. BAKER, JUSTICE CV-17-112. Jacob Earls v. Arkansas Department of Human Services and Minor Children, S.M. and D.M., from Greene County Circuit Court. Reversed and remanded; court of appeals’ opinion vacated. Wood, J., dissents. COURTNEY HUDSON GOODSON, JUSTICE CV-16-566. James Tree and Crane Service, Inc., and Roger Williams v. Terri Fought, from Pulaski County Circuit Court, Twelfth Division. Affirmed; court of appeals’ opinion vacated. SHAWN A. WOMACK, JUSTICE CR-16-940. Steven Russell, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Affirmed. PER CURIAM OPINIONS CR-16-738. Michael Ray Matlock v. State of Arkansas, from Little River County Circuit Court. Appeal dismissed. CR-17-28. Howard Lee Leach v. State of Arkansas, from Washington County Circuit Court. Affirmed. 1

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 PER CURIAM ORDERS REVIEW GRANTED: Petition for review was granted today in the following case. CV-16-458. Robert Duran v. Southwest Arkansas Electric Cooperative Corp., Charles Glover, Jr., d/b/a Glover Trenching and Backhoe, from Miller County Circuit Court. Kemp, C.J., and Goodson and Wood, JJ., would deny. ********************************************* REVIEWS DENIED: Petitions for review were denied today in the following cases. CR-17-309. Barry Andruszczak v. State of Arkansas, from Little River County Circuit Court. CV-17-116. Reuben Barnes and Margaret Barnes v. Ozarks Community Hospital of Gravette Clinic and William F. Webb, M.D., from Benton County Circuit Court. CV-17-137. Lateshia Patillo v. Director et al., from the Arkansas Board of Review. CV-17-156. The Academy, Inc., d/b/a HAAS Hall Academy and Martin Schoppmeyer, Jr. v. Paradigm Building, LLC, from Washington County Circuit Court. Hart, J., would grant. Goodson, J., not participating. CV-17-212. Alice M. Johnson v. Blytheville School District, by Its Board of Directors, Tommy Bennett, Jr.; Lori Hixson; Billy Fair; Gene Henton; Carolony Lewis; Tracey Ritchey; Barbara Wells; and Tobey Johnson, Individually, and in Their Official Capacities, and Sandy Hughey, Assistant Superintendent; Letroy Gathen, Executive Director of Support Services; and Richard Atwill, Superintendent, Individually, and in Their Official Capacities, from Mississippi County Circuit Court, Chickasawba District. Hart, J., would grant. CV-17-269. National Association for the Advancement of Colored People v. Hubert Bass, Member and Chairman of the Election Supervisory Committee of the Crittenden County Branch of the NAACP, from Crittenden County Circuit Court. Wynne and Womack, JJ., would grant. Kemp, C.J., not participating. CV-17-285. Angela Greenhill v. Arkansas Department of Human Services and Minor Child, from Sebastian County Circuit Court, Fort Smith District. Hart, J., would grant. CV-17-308. Wilma Tapp v. Arkansas Department of Human Services and Minor Child, from Logan County Circuit Court, Northern District. Baker and Hart, JJ., would grant. 2

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 PER CURIAM ORDERS ********************************************* CR-91-206. Steven Laron McArthur v. State of Arkansas, from Lonoke County Circuit Court. Petitioner’s pro se motion for reconsideration/rehearing is denied. CR-11-673. David Waldon Paschal v. State of Arkansas, from Washington County Circuit Court. Petition to seal records of nolle prosequi, dismissals, and judgments of acquittal under Act 1460 of 2013; A.C.A. § 16-90-1401 et seq. is denied. CV-17-293. SEECO, Inc., n/k/a SWN Production (Arkansas), Inc. v. Eldredge Snow et al., from Conway County Circuit Court. Appellant’s motion for leave to file reply in support of motion to stay and motion for accelerated proceedings is granted. Special Justices Bob Estes and Scott Richardson agree. Hart, J., would deny motion for accelerated proceedings. Baker and Goodson, JJ., not participating. CV-17-293. SEECO, Inc., n/k/a SWN Production (Arkansas), Inc. v. Eldredge Snow et al., from Conway County Circuit Court. Appellant’s motion for stay of notice to class members and stay of trial court proceedings pending appeal and memorandum of authorities. Motion for stay of notice to class members is moot; stay of trial court proceedings pending appeal and memorandum of authorities is denied. Special Justices Bob Estes and Scott Richardson agree. Baker and Goodson, JJ., not participating. D-17-71. David J. Sachar, Executive Director; Emily White, Deputy Director; and Arkansas Judicial Discipline and Disability Commission v. William “Bill” Pearson, Fifth Judicial District Circuit Judge, from the Arkansas Judicial Discipline and Disability Commission. Petition to reinstate is granted. Wood, J., would grant but would prohibit Judge Pearson from hearing all criminal cases while on suspended imposition of sentence. Womack, J., would deny. ********************************************* CR-81-82. Robert R. Heffernan a/k/a Robert Richard Heffernan v. State of Arkansas, from Saline County Circuit Court. Petitioner’s pro se second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis is denied. See per curiam this date. 3

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 PER CURIAM ORDERS CR-07-238. Kenny Travis, Jr. v. State of Arkansas, from Mississippi County Circuit Court, Chickasawba District. Petitioner’s pro se second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis is denied. See per curiam this date. CR-16-712. Kenneth Osburn v. State of Arkansas, from Ashley County Circuit Court. Appellant’s pro se motion to file a belated brief is granted; tendered brief to be filed as of the date of this per curiam order. CR-17-130. Wilbern Ensey v. Honorable Harry G. Foster, Circuit Judge, from Van Buren County Circuit Court. Petitioner’s pro se petition for writ of mandamus is moot. CV-17-235. Reginald R. Early v. Keith Crockett, Clayborn Carroll, Roberta Lewis, and Lamon Mayo, from Jefferson County Circuit Court. Petitioner’s pro se motion for rule on clerk or alternatively motion for belated appeal treated as motion for rule on clerk and granted. Wynne, J., not participating. In Re Amendment to Rule 4-7 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas. See per curiam this date. In Re District Court Resource Assessment Board. See per curiam this date. Justice Shawn Womack is appointed to the District Court Resource Assessment Board for a four-year term to expire on April 30, 2021. 4

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 MOTIONS SUBMITTED PETITION FOR REHEARING: CR-14-1088. Fred L. Williams v. State of Arkansas, from Drew County Circuit Court. ********************************************* PETITIONS FOR REVIEW: CV-17-8. Kristopher Almeida v. Metal Studs, Inc., d/b/a Drywall Crews, Inc., from Benton County Circuit Court. CV-17-170. Veda Ann Struble v. Blytheville School District, from Mississippi County Circuit Court, Chickasawba District. CV-17-211. Nucor Yamato Steel Company and Sedgwick Claims Management Service v. Lawrence L. Kennedy, from the Arkansas Workers’ Compensation Commission. CV-17-220. Kenneth W. Tilley, Individually and as Trustee of the Kenneth Tilley Family Trust v. Malvern National Bank and Stephen Moore, from Garland County Circuit Court. CV-17-228. Bryant Paulin v. Daryl Bassett, Director, Department of Workforce Services, from the Arkansas Board of Review. ********************************************* CR-95-985. Greg Hogue v. State of Arkansas, from Pulaski County Circuit Court, Second Division. Petitioner’s pro se motion to grant the petition for reconsideration of the denial of reinvesting the trial court with jurisdiction to consider the issuance of the petition for writ of error coram nobis. CR-17-167. Rickie Green v. State of Arkansas, from Lonoke County Circuit Court. Appellee’s motion to supplement the record and accompanying motion for extension of brief time. CR-17-196. Alexander Pokatilov v. State of Arkansas, from Lonoke County Circuit Court. Appellant’s motion for permission to file supplemental brief. CR-17-334. Tommy Lee Radford v. State of Arkansas, from Ouachita County Circuit Court. Appellant’s motion for rule on clerk. 5

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 MOTIONS SUBMITTED CR-17-340. James Ernest Duff v. State of Arkansas, from Miller County Circuit Court. Appellant’s motion for belated appeal. CV-17-86. Industrial Welding Supplies of Hattiesburg, LLC; Airgas, Inc.; and Airgas USA, LLC v. John Pinson and Larry Murphy, from Union County Circuit Court. Appellees’ motion to supplement record. CV-17-103. Air Evac EMS, Inc. v. USABLE Mutual Insurance Co. d/b/a Arkansas Blue Cross and Blue Shield, from the United States District Court, Eastern District of Arkansas, Western Division. Motion of Anthony F. Shelley for pro hac vice admission as additional counsel on behalf of respondent USABLE Mutual Insurance Co. d/b/a Arkansas Blue Cross and Blue Shield. CV-17-311. Doug Riley v. Welcometotutlum Investment Properties, LLC, from Garland County Circuit Court. Verification of posting of appellant’s supersedeas bond. ********************************************* CR-17-181. Jessie Hill v. Edwin A. Keaton, Circuit Judge, from Ouachita County Circuit Court. Petitioner’s pro se motion for rule on clerk and pro se motion to modify motion for rule on clerk. CV-16-814. Willie Gaster Davis v. Thomas Deen, Prosecuting Attorney, from Desha County Circuit Court. Petitioner’s pro se motion for written opinion on motion for appointment of counsel. 6

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 11, 2017 CASES SUBMITTED CR-16-413. Arron Michael Lewis v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Orally argued. CV-15-943. Debbie Worsham v. Roy Day and Teresa Day, from Franklin County Circuit Court, Northern District. 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. CV-16-554. Thomas Jones and Ollye Mae Robinson-Jones v. Kimberly Jones (Miller) and Gerald Robinson, Sheriff of Jefferson County, Arkansas, from Jefferson County Circuit Court. D-13-150. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct v. John Skylar (Sky) Tapp, Arkansas Bar No. 76123, an Original Action. ********************************************* CV-16-747. Ricky Lynn Lenard, Sr. v. Wendy Kelley, Director, Arkansas Department of Correction; John Felt, Director, Arkansas Board of Parole; and Sheri Flynn, Administrator, Sex Offender Community Notification, from Jefferson County Circuit Court. 7