Supreme Court

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 JOHN DAN KEMP, CHIEF JUSTICE CR-13-1006 . Rolandis Larenzo Chatmon v. State of Arkansas, from Faulkner County Circuit Court. Petition, amended petition, and motion denied. CR-17-230 . Wallace A. Gardner v. State of Arkansas, from Pulaski County Circuit Court, Second Division. Appeal dismissed; motions moot. KAREN R. BAKER, JUSTICE CR-16-997 . Albert D. Bell v. State of Arkansas, from Arkansas County Circuit Court, Northern District. Affirmed; motion moot. CR-17-229 . Cedric L. Brown v. State of Arkansas, from Poinsett County Circuit Court. Appeal dismissed; motion moot. CV-16-527 . Clarence Ashby v. State of Arkansas, from Pulaski County Circuit Court, Sixth Division. Affirmed. CV-17-72 . Jeremy Kennedy v. Arkansas Parole Board, from Jefferson County Circuit Court. Affirmed. JOSEPHINE LINKER HART, JUSTICE CR-17-324 . James Griffin v. Honorable Tonya Alexander, Circuit Judge, from Craighead County Circuit Court, Western District. Petition moot. ROBIN F. WYNNE, JUSTICE CR-16-1075 . Olajuwon Smith v. State of Arkansas, from Benton County Circuit Court. Affirmed. CV-16-1064 . Anthony A. Warren v. John Felts, Chairman, Arkansas Parole Board, from Jefferson County Circuit Court. Affirmed. SHAWN A. WOMACK, JUSTICE CR-17-362 . Omar J. Griffis v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Motion denied. CV-17-329 . Duane Gonder v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Affirmed; motions moot.

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS REVIEWS GRANTED: Petitions for review were granted today in the following cases. CV-17-246. Multi-Craft Contractors, Inc., and Gallagher Bassett Services, Inc. v. Rick Yousey, from the Arkansas Workers’ Compensation Commission. Kemp, C.J., and Wood and Womack, JJ., would deny. CV-17-298. Nathan Cooper v. Shannon Kalkwarf, from Pulaski County Circuit Court, Fourteenth Division. CV-17-412 . Natasha Michelle Furnish v. Arkansas Department of Human Services and Minor Children, from Craighead County Circuit Court, Western District. See per curiam this date. CV-17-576. Brookshire Grocery Company v. Cleon Morgan, Sr., from the Arkansas Workers’ Compensation Commission. ********************************************* REVIEWS DENIED: Petitions for review were denied today in the following cases. CR-17-426. Curtis Colston v. State of Arkansas, from Miller County Circuit Court. Hart, J., would grant. CR-17-430. Lee Sullivan Ivory v. State of Arkansas, from Independence County Circuit Court. Kemp, C.J., and Hart, J., not participating. CR-17-437. Cody Alan Boose v. State of Arkansas, from Faulkner County Circuit Court. Hart, J., would grant. CR-17-489. Charles H. Campbell v. State of Arkansas, from Mississippi County Circuit Court, Chickasawba District. Hart, J., would grant. CR-17-513. Thomas Ellis Stuart v. State of Arkansas, from Drew County Circuit Court. CR-17-577. Jeran Kyler Sorum v. State of Arkansas, from Benton County Circuit Court. CV-17-304. Frederick S. “Rick” Spencer v. Air Evac EMS, Inc. a/k/a Air Evac Lifeteam, from Baxter County Circuit Court. Hart, J., not participating. CV-17-335. Fereshteh Maynard v. Director et al., from the Arkansas Board of Review. Goodson, J., not participating. 2

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS REVIEWS DENIED: (continued) CV-17-351. R&L Carriers Shared Services, LLC, and Dean Wethington v. Stuart Markley and Madison County Telephone Company, Inc., from Madison County Circuit Court. Hart, J., would grant. CV-17-358. Michael R. Morris v. Nickolas Knopick, from Baxter County Circuit Court. Hart and Wynne, JJ., would grant. CV-17-359. Bill G. Brown, Individually and as Special Administrator for the Estate of Barbara A. Rowan, Deceased; James L. Brown; and Randy P. Brown v. City of Bryant, Arkansas, from Saline County Circuit Court. Wynne, J., would grant. CV-17-390. Jeffery Parker and Sheila Parker v. Jerry D. Parker and Sarah Jo Parker, in Their Capacities as Co-trustees of the Parker Family Trust Dated August 14, 2014, from Sebastian County Circuit Court, Fort Smith District. CV-17-409. Brenda Higgins v. Bob Thornton, Trustee of the Tonya Merritt Hefner Trust, and Arkansas Children’s Hospital, from Lonoke County Circuit Court. CV-17-420. Pat M. Ioup v. City of Benton, Arkansas, from Saline County Circuit Court. Wynne, J., would grant. CV-17-429. Jo Ellen Serio and Stan Serio v. Copeland Holdings, LLC, from Cleburne County Circuit Court. CV-17-440. American Gamebird Research Education and Development Foundation, Inc. v. Thomas Burton and Cindy Burton, from Lafayette County Circuit Court. Baker and Wynne, JJ., would grant. CV-17-441. Thomas Burton and Cindy Burton v. American Gamebird Research Education and Development Foundation, Inc., from Lafayette County Circuit Court. CV-17-443. William Whitfield Hyman v. Bill Sadler, in His Official Capacity as Public Information Officer for the Arkansas State Police, and the Arkansas State Police, Director, Colonel Bill Bryant, from Pulaski County Circuit Court, Ninth Division. CV-17-445. Patrick Malloy and John Callaghan v. Bruce Smith and Jan Smith, from Cleburne County Circuit Court. Hart, J., would grant. Kemp, C.J., not participating. CV-17-454. City of El Dorado v. Rickey L. Smith, from the Arkansas Workers’ Compensation Commission. Wynne and Womack, JJ., would grant. 3

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS REVIEWS DENIED: (continued) CV-17-459. Cody Lee Acklin v. Ashlen Tass Acklin n/k/a Ashlen Tass Grisham, from Baxter County Circuit Court. CV-17-464. Helen Louise McGowan v. Misty Massey, Individually and as Parent and Next Friend of B.A.C., a Minor, from Pope County Circuit Court. CV-17-468. Mike Kraft v. Limestone Partners, LLC, from Faulkner County Circuit Court. Hart and Wood, JJ., would grant. CV-17-483. Daniel Greenberg v. Horizon Arkansas Publications, Inc., et al., from Saline County Circuit Court. CV-17-484. Patricia Derrick v. Ruth Ellen Haynie, Individually; The Ruth Ellen Haynie Revocable Trust; and Ruth Ellen Haynie, Trustee of the Ruth Ellen Haynie Revocable Trust, from White County Circuit Court. CV-17-492. F. David Chambers and Michelle Chambers v. Kenneth McDougald, from Bradley County Circuit Court. CV-17-493. Sue Garrison v. Al Aquino, from Craighead County Circuit Court, Western District. CV-17-506. Tenants of 1974 Lakeland Acres Road, Drasco, Arkansas (if any), and Thomas Kelso v. U.S. Bank, from Cleburne County Circuit Court. CV-17-507. Juan Pineda v. Manpower International, Inc.; New Hampshire Insurance Company; Sedgwick Claims Management Services, Inc.; Death & Permanent Total Disability Trust Fund; and Welspun Pipes, Inc., et al., from the Arkansas Workers’ Compensation Commission. CV-17-525. Robin Emis v. Keith Emis, from Pulaski County Circuit Court, Sixteenth Division. Hart, J., would grant. CV-17-550. Sherry Ann Miesner v. Estate of Joyce Edna Priest Allred, Deceased; Relyance Bank; Belinda Diane Allred; and Janet Herring, from Cleveland County Circuit Court. Hart, J., would grant. Wynne, J., not participating. 4

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS REVIEWS DENIED: (continued) CV-17-565. Bryan L. Powell, in His Capacity as Special Administrator of the Estate of Aalyah Jerwan, Deceased, and Jelina Lewis, in Her Capacity as Special Administratrix of the Estate of Aalyah Jerwan, Deceased v. ISC North, LLC, et al., from Washington County Circuit Court. Baker and Wynne, JJ., would grant. ********************************************* CR-83-47. John Wayne McGee v. State of Arkansas, from Sebastian County Circuit Court, Fort Smith District. Appellee’s motion for return of exhibits is granted. CR-92-1385. Don William Davis v. State of Arkansas, from Benton County Circuit Court. Motion of April R. Golden for entry of appearance on behalf of appellant is granted. CR-00-528. Don William Davis v. State of Arkansas, from Benton County Circuit Court. Motion of April R. Golden for entry of appearance on behalf of appellant is granted. CR-03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner’s pro se motion for reconsideration is denied. CR-15-899. Zachary Holly v. State of Arkansas, from Benton County Circuit Court. Appellant’s motion to stay the mandate is granted. CR-16-413. Arron Michael Lewis v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellee’s motion for extension of time to file response to appellant’s petition for rehearing is granted. CR-16-712. Kenneth Osburn v. State of Arkansas, from Ashley County Circuit Court. Appellees’ motion for remand to settle the record and for extension of brief time. Transferred to the Court of Appeals. CR-16-949. Eric Darnell Thrower v. State of Arkansas, from Ouachita County Circuit Court. Appellant’s motion for extension of brief time is granted. CR-16-949. Eric Darnell Thrower v. State of Arkansas, from Ouachita County Circuit Court. Appellant’s motion for expansion of page limit is granted. CR-16-949. Eric Darnell Thrower v. State of Arkansas, from Ouachita County Circuit Court. Appellant’s motion and brief for retrial based on deficient record. Appellee ordered to respond within thirty days. 5

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS CR-17-89. Mauricio Alejandro Torres v. State of Arkansas, from Benton County Circuit Court. Appellant’s motion for stay of execution is granted. CR-17-89. Mauricio Alejandro Torres v. State of Arkansas, from Benton County Circuit Court. Appellant’s motion for extension of time to comply with writ of certiorari is granted. CR-17-89. Mauricio Alejandro Torres v. State of Arkansas, from Benton County Circuit Court. Appellant’s amended motion for extension of time to comply with writ of certiorari is granted. CR-17-143. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellee’s motion to dismiss is denied. CR-17-144. Frederick Pennington, Jr. v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Appellee’s motion to dismiss is denied. CR-17-164. Gary Martin v. State of Arkansas, from Lonoke County Circuit Court. Appellant’s motion for extension of time to file corrected brief or, in the alternative, for permission to file nonconforming brief is granted. CR-17-239. State of Arkansas v. Rickey Dale Newman, from Crawford County Circuit Court. Appellee’s motion for summary affirmance is denied. CR-17-277. Don Michael Cox v. State of Arkansas, from Pulaski County Circuit Court, First Division. Motion of Stuart Vess to be appointed as counsel on behalf of appellant is granted. CR-17-277. Don Michael Cox v. State of Arkansas, from Pulaski County Circuit Court, First Division. Appellant’s petition for writ of certiorari to complete the record is granted. CR-17-494. Elijah Mondy v. Phillips County Circuit Court, from Phillips County Circuit Court. Petitioner’s pro se petition for alternative writ of certiorari or prohibition to the circuit court of Phillips County, Arkansas, is denied. CR-17-494. Elijah Mondy v. Phillips County Circuit Court, from Phillips County Circuit Court. Petitioner’s pro se motion to supplement the record is denied. CR-17-494. Elijah Mondy v. Phillips County Circuit Court, from Phillips County Circuit Court. Motion of Michael C. Lewis to appear as counsel on behalf of respondent City of Helena-West Helena is granted. 6

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS 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. Appellee’s motion for enlargement of time to file response to petition for rehearing is granted. CV-15-988. Nathaniel Smith, M.D., MPH, Director of the Arkansas Department of Health, in His Official Capacity, and His Successors in Office v. Marisa N. Pavan and Terrah D. Pavan, Individually and as Parents, Next Friends, and Guardians of T.R.P., a Minor Child; Leigh D.W. Jacobs and Jana S. Jacobs, Individually and as Parents, Next Friends, and Guardians of F.D.J., a Minor Child; Courtney M. Kassel and Kelly L. Scott, Individually and as Parents, Next Friends, and Guardians of A.G.S., a Minor Child, from Pulaski County Circuit Court, Sixth Division. Appellant’s motion for supplemental briefing. State ordered to file supplemental brief within ten days; appellees’ brief due ten days thereafter. CV-16-776. Col. Mike Ross, Ret.; Marion Humphrey; James Brooks; Patrick Adam Jegley; Martha Deaver; and the Committee to Protect AR Families v. Mark Martin, Arkansas Secretary of State, an Original Action. Respondent Honorable Mark Martin’s motion to exchange physical exhibits for electronic reproductions is granted. CV-16-785. Kara L. Benca v. Mark Martin, in His Official Capacity as Secretary of State of the State of Arkansas, an Original Action. Respondent Mark Martin’s motion to exchange physical exhibits for electronic reproductions is granted. CV-16-898. Dexter J. Harmon v. State of Arkansas, from Pulaski County Circuit Court, Second Division. Appellant’s pro se motion to amend and correct opinion is denied. CV-16-1041. Vera Lee Angel Trust, Johnny Angel, and Paula Napper v. Jim O’Bryant and Kay O’Bryant Joint Revocable Trust, John W. Whittaker, Susan C. Whittaker, John Stansel Harvey, Lisa Harvey, Ernest Bernard McCool Trust, Gregory D. Hawkins, Sharon L. Hawkins, Jimmie Earl O’Bryant, Barbara O’Bryant, Jeanne M. McFarlin Living Trust, Glen Dale Perciful, Teresa Perciful, and Robert Louis Gladfelter Revocable Trust, from Garland County Circuit Court. Appellants’ motion to transfer to Supreme Court is granted. 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 in support of writ of certiorari to complete the record is denied. 7

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS 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 to file belated record is denied without prejudice. Goodson, Hart, and Womack, JJ., would grant. CV-17-168. The Board of Trustees of the University of Arkansas v. Matthew Andrews, from Phillips County Circuit Court. Appellee’s unopposed motion to file belated brief is granted. Goodson, J., not participating. CV-17-184. Wynne-Ark., Inc. d/b/a Kelley’s Restaurant v. Richard Baughn Construction, from Cross County Circuit Court. Request for oral argument. Case transferred to Court of Appeals. CV-17-290. Powell Feed & Milling Co., Inc. v. Franklin County Circuit Court and Gary Stubblefield, from Franklin County Circuit Court. Respondent Gary Stubblefield’s motion for rule on clerk for leave to file belated motion for reconsideration is denied. CV-17-377. Apprentice Information Systems, Inc., and David Randall Lamp v. DataScout, LLC, from Benton County Circuit Court. Appellant’s unopposed motion to supplement the record for appeal is granted. CV-17-414. Welspun Pipes, Inc.; Welspun Tubular, LLC; Debashish Bhowmick; Saleem Sawar; and Martin Cain v. Pulaski County Circuit Court, Honorable Timothy Davis Fox, and Juan Pineda, from Pulaski County Circuit Court, Sixth Division. Petitioners’ petition for writ of prohibition or, in the alternative, writ of certiorari to the circuit court of Pulaski County. Temporary stay issued June 8, 2017, lifted; writ of prohibition granted. CV-17-515. In Re Amendment to Rule 6-5 of the Rules of the Supreme Court and Court of Appeals, an Original Action. Petitioner’s petition to amend Rule 6-5 of the Rules of the Supreme Court and Court of Appeals is denied. CV-17-522. Crystal Hooks v. Arkansas Department of Human Services and Minor Child, from Miller County Circuit Court. Appellant’s motion for rule on clerk is granted and Pamela Fisk is referred to the Committee on Professional Conduct. Hart, J., would not refer to Committee on Professional Conduct. CV-17-528. Kathy Featherston v. Edward J. Love, M.D., and Plastic Surgery Institute, P.A., from Pulaski County Circuit Court, Twelfth Division. Appellant’s motion for rule on clerk is denied. Kemp, C.J., not participating. 8

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS CV-17-540. C.H. v. Arkansas Department of Human Services, from Perry County Circuit Court. Appellant’s consent motion to proceed anonymously. Appeal dismissed as moot. CV-17-540. C.H. v. Arkansas Department of Human Services, from Perry County Circuit Court. Suggestion of death noted. CV-17-575. Minor L. McNeil v. U.S. Bank, National Association, from Saline County Circuit Court. Appellant’s pro se motion for rule on clerk is denied. CV-17-575. Minor L. McNeil v. U.S. Bank, National Association, from Saline County Circuit Court. Appellant’s pro se supplement to motion for rule on clerk is denied. D-17-594. In Re Bobby McCallister, Saline County Circuit Court, Div. I, and Judicial Discipline & Disability Commission, an Original Action. Petition for temporary suspension of Judge Bobby McCallister is granted. Judge McCallister is suspended with pay until his pending criminal charges are resolved. (Proceedings of July 17, 2017) ********************************************* CR-02-228. James E. Smith v. State of Arkansas, from Jefferson County Circuit Court. Petitioner’s pro se fifth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis dismissed; motion for appointment of counsel moot. CR-17-316. Alvin E. Lovelace v. Honorable Wendell Griffen, Circuit Judge, from Pulaski County Circuit Court, Fifth Division. Petitioner’s pro se petition for writ of mandamus is moot. CR-17-338. James Flowers v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Petitioner’s pro se motion for rule on clerk and for belated appeal treated as motion for belated appeal and granted. CR-17-347. Myron Newjean Anderson, Jr. v. Honorable Robert Bynum Gibson, Jr., Circuit Judge, from Ashley County Circuit Court. Petitioner’s pro se petition for writ of mandamus and motion for appointment of counsel. Petition and motion moot. CV-16-1060. Khalid Ryahim Alexander v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Appellant’s pro se motion for rule on clerk to file tendered petition for rehearing of the April 13, 2017 decision dismissing appeal from a dismissal of petition for writ of habeas corpus is denied. 9

ARKANSAS SUPREME COURT PROCEEDINGS OF AUGUST 3, 2017 PER CURIAM ORDERS CV-17-332. Carl Davis, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for extension of brief time and for use of the designated record is granted; clerk is directed to forward a copy of the record to appellant; appellant’s brief due thirty days from the date of this per curiam order (copy of record must be returned with brief or brief will not be filed); pro se motion for status update on pro se motion for extension is moot. 10