Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 KAREN R. BAKER, JUSTICE CV-15-870. Frank Watts v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appeal dismissed; petition denied. 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. Affirmed; court of appeals’ opinion vacated. Special Justice AJ Kelly joins. Hart, J., dissents. Wynne, J., not participating. COURTNEY HUDSON GOODSON, JUSTICE CV-15-943. Debbie Worsham v. Roy Day and Teresa Day, from Franklin County Circuit Court. Appeal dismissed. SHAWN A. WOMACK, JUSTICE CV-15-898. Clyde N. Booth and Frank W. Booth v. Candice A. Franks, Bank Commissioner of the State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Affirmed. PER CURIAM OPINION CV-16-962. Eugene Wesley v. Wendy Kelley, Director, Arkansas Department of Correction, from Nevada County Circuit Court. Appeal dismissed.

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 PER CURIAM ORDERS REHEARING DENIED: CV-16-144. Marilyn Curry Troutman v. Ronald Troutman, from Washington County Circuit Court. Special Justices Jerrold John Scholtens and David Hogue agree. Kemp, C.J., and Wood and Womack, JJ., would grant. Goodson and Wynne, JJ., not participating. ********************************************* REVIEWS GRANTED: Petitions for review were granted today in the following cases. 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. Goodson and Womack, JJ., would deny. Kemp, C.J., not participating. CV-17-259. Gale A. Askins v. Kroger Limited Partnership and Sedgwick Claims Management, from the Arkansas Workers’ Compensation Commission. Kemp, C.J., and Wood, J., would deny. ********************************************* REVIEW MOOT: Petition for review was moot today in the following case. CV-17-8. Kristopher Almeida v. Metal Studs, Inc. d/b/a Drywall Crews, Inc., from Benton County Circuit Court. ********************************************* REVIEWS DENIED: Petitions for review were denied today in the following cases. CR-17-381. Marcus Douglas Christopher v. State of Arkansas, from Nevada County Circuit Court. CV-17-208. Grant County Unified Community Resource Council, Inc. d/b/a Spirit of Sharing and/or Keeping the Faith v. Mary Pennington, from Grant County Circuit Court. CV-17-336. Francesca Mercado v. Arkansas Department of Human Services and Minor Child, from Sebastian County Circuit Court, Fort Smith District. CV-17-366. Tabitha McCrillis v. Sarah Hicks, from Pulaski County Circuit Court, Third Division. Kemp, C.J., and Hart and Wynne, JJ., would grant. 2

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 PER CURIAM ORDERS ********************************************* CR-16-949. Eric Darnell Thrower v. State of Arkansas, from Ouachita County Circuit Court. Appellant’s motion for extension of time to lodge the supplemental record is moot. CR-17-378. Rickey Dale Newman v. Crawford County Circuit Court, from Crawford County Circuit Court. Petitioner’s petition for writ of certiorari is denied. 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. Petitioner’s pro se motion for reconsideration is denied. 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. Petitioner’s pro se motion for exhibits relief 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 to dismiss appeal is granted. Special Justices Bob Estes and Scott Richardson agree. Baker and Goodson, JJ., not participating. CV-17-386. Kim Reeves and Dorothy Poindexter, Individually and on Behalf of a Class of Persons Similarly Situated v. Arkansas Public Employees Retirement System, Board of Trustees for the Arkansas Public Employees Retirement System, Woodruff County Nursing Home Board, and Woodruff County, Arkansas, from Woodruff County Circuit Court. Appellants’ motion for rule on clerk is denied. CV-17-387. Kristyn Abbott and Cameron Craig v. Arkansas Department of Human Services and Minor Child, from Garland County Circuit Court. Appellee’s motion to dismiss appeal is granted. CV-17-388. Kim Reeves and Dorothy Poindexter v. Woodruff County, Arkansas; Woodruff County Nursing Home Board; and Woodruff County Health Center, from Woodruff County Circuit Court. Appellants’ motion for rule on clerk is denied. CV-17-396. Kimberly Bentley v. Arkansas Department of Human Services and Minor Children, from Sebastian County Circuit Court, Fort Smith District. Joint motion for extension of time to lodge appellate record is granted. 3

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 MOTIONS SUBMITTED PETITIONS FOR REHEARING: CR-16-809. Marvin A. Stanton v. State of Arkansas, from Miller County Circuit Court. CV-16-934. Keep Our Dollars in Independence County and Carol Crosby v. Tracey Mitchell, in Her Official Capacity as County Clerk; Candy Allison Konkler; and State of Arkansas, from Independence County Circuit Court. ********************************************* PETITIONS FOR REVIEW: CR-17-407. Tyrun Lamont Jones v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. CV-17-234. James Hubbard v. Riceland Foods, Liberty Mutual Insurance Company, and Death & Permanent Total Disability Trust Fund, from the Arkansas Workers’ Compensation Commission. CV-17-244. Thomas Ellis Stuart v. Arkansas Department of Finance and Administration, and Larry Walther, Director, from Drew County Circuit Court. CV-17-245. Chelsea S. Harley v. Wyndham S. Demptser, Sr., from Pulaski County Circuit Court, Fourteenth Division. CV-17-246. Multi-Craft Contractors, Inc. and Gallagher Bassett Services, Inc. v. Rick Yousey, from the Arkansas Workers’ Compensation Commission. ********************************************* CR-17-146. Christopher Allan Eason, Sr. v. State of Arkansas, from Clark County Circuit Court. Petitioner’s pro se motion for reconsideration. 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. Motion of non-resident attorney Bryan A. Merryman to participate in a particular case. 4

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 MOTIONS SUBMITTED 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. Motion of non-resident attorney Matthew P. Lewis to participate in a particular case. 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. Appellant’s motion for writ of certiorari to complete the record. CV-17-168. The Board of Trustees of the University of Arkansas v. Matthew Andrews, from Phillips County Circuit Court. Motion of the Attorney General of Arkansas for permission to file as amicus curiae in support of appellant. CV-17-382. Kimberly Kenney v. University of Arkansas at Little Rock, from Pulaski County Circuit Court, Ninth Division. Appellant’s pro se motion to file belated appeal. CV-17-394. Kimberly Kenney v. Rainwater, Holt, and Sexton, P.A.; Sarah Baber; Allstate Property & Casualty Insurance Company; and Geico Casualty Company, from Pulaski County Circuit Court, Seventeenth Division. Appellant’s pro se motion to file belated appeal. D-11-1259. Stark Ligon, Executive Director of the Supreme Court Committee on Professional Conduct v. Bruce J. Bennett, Arkansas Bar No. 92140, an Original Action. Petitioner’s motion to strike respondent’s brief for failure to comply with Rule 4-2 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas. ********************************************* CR-03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner’s pro se sixth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis; motion to dismiss respondent’s untimely response; motion for remand to trial court for an evidentiary hearing and appointment of counsel; motion to supplement petition; motion to supplement motion to remand to trial court for an evidentiary hearing and appointment of counsel; motion to add to motion to supplement petition. CR-16-767. Jessie Hill v. State of Arkansas, from Grant County Circuit Court. Appellant’s pro se motion for extension of time. 5

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 MOTIONS SUBMITTED CR-16-1113. Broderick Don Scott v. State of Arkansas, from Pulaski County Circuit Court, First Division. Appellant’s pro se motions for appointment of counsel with memorandum of law and for production of documents. CR-16-1126. Paul W. Latham v. Wendy Kelley, Director, Arkansas Department of Correction, from Miller County Circuit Court. Appellant’s pro se motion for extension of time to file reply brief. CR-17-248. Calvin Lee Marshall v. State of Arkansas, from Phillips County Circuit Court. Petitioner’s pro se motion for belated appeal. CR-17-277. Don Michael Cox v. State of Arkansas, from Pulaski County Circuit Court, First Division. Petitioner’s pro se motion for belated appeal and rule on clerk. CV-16-906. Joshua D. Peters v. Wendy Kelley, Director, Arkansas Department of Correction, from Pulaski County Circuit Court, Sixth Division. Appellee’s motion to dismiss appeal. CV-16-1008. Tommy Martez Barber v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Appellee’s motion to dismiss appeal and appellant’s pro se motion for belated appeal. CV-17-126. Mark Antonio Williams v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for extension of time to file brief. CV-17-278. $4,076.00 in U.S. Currency and Nathaniel Adam Walters v. State of Arkansas, from Washington County Circuit Court. Petitioner’s pro se petition for leave to proceed in forma pauperis. 6

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 25, 2017 CASES SUBMITTED CR-16-858. Brian Ward v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. CR-16-891. Alan Ray Edwards v. State of Arkansas, from Garland County Circuit Court. CV-16-886. Rumaldo Rangel v. State of Arkansas, from Pope County Circuit Court. CV-16-1038. Gloria Daniel v. Arkansas Department of Human Services, from Pulaski County Circuit Court, Sixth Division. ********************************************* CR-16-1113. Broderick Don Scott v. State of Arkansas, from Pulaski County Circuit Court, First Division. CR-16-1126. Paul W. Latham v. Wendy Kelley, Director, Arkansas Department of Correction, from Miller County Circuit Court. CR-17-42. Joshua Anthony Beyard v. State of Arkansas, from Scott County Circuit Court. CV-16-898. Dexter J. Harmon v. State of Arkansas, from Pulaski County Circuit Court, Second Division. CV-17-33. Jackie Lee Williams v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Opinions are available on the internet at http://courts.arkansas.gov 7