ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 COURTNEY RAE HUDSON, JUSTICE CV-20-216. Convent Corporation v. City of North Little Rock, Arkansas, a Municipal Corporation; Joe Smith, Mayor, Individually and in His Official Capacity; City Council Members Debi Ross, Beth White, Linda Robinson, Maurice Taylor, Steve Baxter, Bruce Foutch, Murry Witcher, and Charlie Hight, Each Individually and in His or Her Official Capacity; Tom Wadley, Director, Code Enforcement Division, Individually and in His Official Capacity; and Felicia McHenry, Code Enforcement Officer, Individually and in Her Official Capacity, from Pulaski County Circuit Court, Twelfth Division. Affirmed in part; reversed and remanded in part; dismissed as moot in part. Webb, J., concurs. Wood, J., dissents.
ROBIN F. WYNNE, JUSTICE CV-20-50. Rent-A-Center East, Inc. v. Larry Walther, in His Official Capacity as Director of the Arkansas Department of Finance and Administration, from Pulaski County Circuit Court, Sixteenth Division. Affirmed. Wood, Womack, and Webb, JJ., concur.
ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 PER CURIAM ORDERS REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases. CR-20-86. Brad Hunter Smith v. State of Arkansas, from Cleveland County Circuit Court. Special Justice Darren O’Quinn agrees. Wood and Womack, JJ., would grant. Wynne and Webb, JJ., not participating.
CV-20-267. Lance Mitchell Owens v. Dexter Payne, Director, Arkansas Department of Correction, from Lee County Circuit Court. Webb, J., not participating.
********************************************* CV-20-82. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct v. Teresa Lynette Bloodman, Attorney at Law, Arkansas Bar No. 2005055, an Original Action. Respondent’s response in opposition to petitioner’s motion for extension of time to file brief and incorporated authorities is noted. Special Justices Jeffrey Hatfield and Rebecca Blass agree. Wood and Wynne, JJ., not participating.
CV-20-227. Shawn Trevell Rainer v. Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Petitioner’s pro se motion for reconsideration is denied. Webb, J., not participating.
CV-20-568. Jane Doe and Mark Myers v. Amy Fecher, in Her Official Capacity as Secretary of Transformation and Shared Services; and Arkansas Democrat-Gazette, Inc., from Pulaski County Circuit Court, Second Division. Appellant Mark Myers’s motion to stay briefing schedule and to supplement the record is granted. Special Justice Emily White agrees. Womack and Webb, JJ., not participating.
CV-20-603. Board of Trustees of the University of Arkansas System; University of Arkansas for Medical Sciences; Ed Fryar, Ph.D.; Steve Cox; Tommy Boyer; Sheffield Nelson; C.C. “Cliff” Gibson; Stephen Broughton, M.D.; Kelly Eichler; Morril Harriman; Ted Dickey; and John Goodson v. Mahendran Mahadevan, D.V.M., Ph.D., M.B.A., from Pulaski County Circuit Court, Sixth Division. Appellants’ motion to dismiss appeal is granted.
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ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 PER CURIAM ORDERS CV-20-682. State of Arkansas ex rel. Leslie Rutledge, Attorney General v. Purdue Pharma L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company, Inc.; Johnson & Johnson; Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Ortho-McNeill-Janssen Pharmaceuticals, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; and Does 1 through 100, Inclusive, from Pulaski County Circuit Court, Sixteenth Division. Motion of Jennifer Fountain Connolly for admission pro hac vice is granted. Webb, J., not participating.
CV-20-682. State of Arkansas ex rel. Leslie Rutledge, Attorney General v. Purdue Pharma L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company, Inc.; Johnson & Johnson; Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Ortho-McNeill-Janssen Pharmaceuticals, Inc., n/k/a Janssen Pharmaceuticals, Inc.: Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.; and Does 1 through 100, Inclusive, from Pulaski County Circuit Court, Sixteenth Division. Motion of Michael Von Klemperer for admission pro hac vice is granted. Webb, J., not participating.
CV-20-747. Richard and Margot Cowin v. Larry Phifer; Janet Ouellette, Personal Representative of Estate of Ruth Cowin; Anadarko E&P Company L.P., a Delaware Partnership; Anadarko Land Corp., a Nebraska Corporation; Chesapeake Exploration, LLC, an Oklahoma Limited Liability Company; Southwestern Energy Company, a Delaware Corporation; and BHP Billiton Petroleum (Fayetteville), LLC, a Delaware Limited Liability Company, from White County Circuit Court. Petitioners’ petition for writ of certiorari is denied. Webb, J., would deny as moot.
CV-21-23. Bobby Lee Jones v. State of Arkansas, from Phillips County Circuit Court. Appellant’s motion for expedited proceedings is granted. Webb, J., not participating. (Proceedings of January 27, 2021)
********************************************* CR-20-513. David Edward McLaughlin v. State of Arkansas, from Garland County Circuit Court. Appellant’s pro se motion for extension of time to file brief is granted. Webb, J., not participating.
CV-20-525. Gary Fuller/Akbar v. Dexter Payne, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion to file non-conforming brief is denied. Webb, J., not participating.
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ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 PER CURIAM ORDERS CV-20-698. Anthony L. Johnson v. Dexter Payne, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Petitioner’s pro se motion for rule on clerk treated as motion for belated appeal and granted. Webb, J., not participating.
In Re Appointments of Members to the Supreme Court Committee on Professional Conduct. See per curiam this date.
Effective January 1, 2021, the following new members are appointed to the Supreme Court Committee on Professional Conduct for initial six–year terms ending on December 31, 2026:
Don R. Etherly of Helena (Panel A attorney member – First Congressional District); LeAnne P. Burch of Monticello (Panel B attorney member – Fourth Congressional District); Miles J. Kimble of Forrest City (Panel B non-attorney member - statewide at large); Jackie B. Harris of Pine Bluff (Panel C attorney member – Fourth Congressional District); Angela Cole Lowther of Little Rock (Panel D attorney member – statewide at large); James Gregory Crumpton of Cabot (Panel D attorney member – First Congressional District); and William A. Finer of Fayetteville (Panel D – non-Arkansas attorney member - statewide at large).
The Court expresses its appreciation to each of these new Committee members for his or her willingness to accept this important assignment. The Court also expresses its appreciation to the following Committee members whose valuable and faithful service to the Court, the Committee, the legal profession, and the public was completed on December 31, 2020:
T. Benton Smith, Jr., of Jonesboro-Marianna (Panel A attorney member – First Congressional District); Stephen R. Crane of Magnolia (Panel B attorney member – Fourth Congressional District); Carolyn A. Morris of Danville (Panel B non-attorney member – statewide at large); Joseph Hickey of El Dorado (Panel C attorney member – Fourth Congressional District); E. Kent Hirsch of Springdale (Panel D attorney member – statewide at large); Laura E. Partlow of Marion (Panel D attorney member – First Congressional District); and Ronnie Williams of Menifee (Panel D non-attorney member - statewide at large).
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ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 MOTIONS SUBMITTED CR-11-5. Erickson Dimas-Martinez v. State of Arkansas, from Benton County Circuit Court. Entry of appearance of Sharon Kiel on behalf of appellant.
CR-11-5. Erickson Dimas-Martinez v. State of Arkansas, from Benton County Circuit Court. Appellant’s motion for access to sealed record.
CR-19-901. Nicholas Lewondowski v. State of Arkansas, from Garland County Circuit Court. Appellant’s motion to file substituted abstract, brief, and addendum, and abeyance of brief time.
CR-20-505. Clarence Eugene Turnbo v. State of Arkansas, from Pulaski County Circuit Court, First Division. Appellee’s motion to rescind access to sealed exhibit.
CR-21-3. Terry Marshall, Jr. v. State of Arkansas, from Cleburne County Circuit Court. Motion of Clay Simpson to be relieved as attorney of record and to appoint new counsel, and for extension of time.
CV-20-536. Arkansas Department of Education; Johnny Key, in His Official Capacity as Arkansas Commissioner of Education; and Diane Zook, Susan Chambers, Charisse Dean, R. Brett Williamson, O. Fitzgerald Hill, Ouida Newton, Sarah Moore, and Kathy McFetridge, in Their Official Capacities as Members of the Arkansas State Board of Education v. Amber Booth McCoy; Don Booth; Katherine Lu; Eugene Lu; and Skye Adams, from Pulaski County Circuit Court, Ninth Division. Motion of Clarke Tucker to withdraw as counsel for appellees.
CV-20-623. Velma Levingston v. Ardease Gooch, from Pulaski County Circuit Court, Sixteenth Division. Motion of Pulaski County Circuit Clerk for permission to respond to petitioner’s motion for contempt.
CV-20-663. Hotels.com, L.P.; Hotwire, Inc.; Trip Network, Inc. (d/b/a Cheaptickets.com); Expedia, Inc.; Internetwork Publishing Corp. (d/b/a Lodging.com); Orbitz, LLC; priceline.com Incorporated (n/k/a Booking Holdings Inc.); priceline.com LLC; Travelocity.com L.P. (n/k/a TVL LP); Travelweb LLC; and Site59.com LLC v. Pine Bluff Advertising and Promotion Commission; Jefferson County, Arkansas, and All Others Similarly Situated; and City of North Little Rock, Arkansas, and All Others Similarly Situated, from Jefferson County Circuit Court. Appellees’ motion to dismiss appeal.
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ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 MOTIONS SUBMITTED CV-20-682. State of Arkansas ex rel. Leslie Rutledge, Attorney General v. Purdue Pharma L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company, Inc.; Johnson & Johnson; Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Ortho-McNeill-Janssen Pharmaceuticals, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; and Does 1 through 100, Inclusive, from Pulaski County Circuit Court, Sixteenth Division. The State of Arkansas’s motion for judicial notice.
CV-20-682. State of Arkansas ex rel. Leslie Rutledge, Attorney General v. Purdue Pharma L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company, Inc.; Johnson & Johnson; Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Ortho-McNeill-Janssen Pharmaceuticals, Inc., n/k/a Janssen Pharmaceuticals, Inc.; Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; and Does 1 through 100, Inclusive, from Pulaski County Circuit Court, Sixteenth Division. Sworn motion to permit Anthony J. Franze to appear and practice pro hac vice.
********************************************* CR-04-18. DeLarron Washington v. State of Arkansas, from Union County Circuit Court. Petitioner’s pro se third petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis.
CR-14-5. Stanley Carter v. State of Arkansas, from Crittenden County Circuit Court. Petitioner’s pro se motion to compel appellate counsel to provide petitioner with a copy of the appellate record and trial transcript.
CR-16-175. Wesley Gene Holland v. State of Arkansas, from Cleveland County Circuit Court. Petitioner’s pro se motion for request of court transcripts.
CR-20-346. Rickie Green v. State of Arkansas, from Lonoke County Circuit Court. Appellant’s pro se motion to file belated brief.
CR-20-447. Danny Lee Hooper v. State of Arkansas, from Washington County Circuit Court. Appellant’s pro se motion for extension of time to file reply brief.
CR-20-447. Danny Lee Hooper v. State of Arkansas, from Washington County Circuit Court. Appellant’s pro se motion for stay or continuance seeking permission for leave to file a successive verified sister petition for postconviction relief.
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ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 MOTIONS SUBMITTED CR-20-520. Eric C. Burgie v. State of Arkansas, from Garland County Circuit Court. Appellant’s pro se motion for rule on clerk.
CR-20-621. Lonnie Allen Reed v. State of Arkansas, from Pulaski County Circuit Court, First Division. Petitioner’s pro se petition for writ of mandamus.
CR-20-622. Rodney L. Jones v. State of Arkansas, from Van Buren County Circuit Court. Petitioner’s pro se petition for writ of mandamus.
CR-20-741. Charles Neil Randle v. State of Arkansas, from Phillips County Circuit Court. Petitioner’s pro se motion for belated appeal.
CV-20-542. Malik Muntaqim v. Wendy Kelley, Director, Arkansas Department of Correction; Dexter Payne, Deputy Director, Arkansas Department of Correction; James Gibson, Warden, Varner Supermax, Arkansas Department of Correction; James Shipman, Deputy Warden, Varner Supermax, Arkansas Department of Correction; Floria Washington, Classification Officer, Varner Supermax Unit, Arkansas Department of Correction; Steve Outlaw, Deputy Warden, Ouachita River Unit, Arkansas Department of Correction; Jerilynn Hosman, Classification Officer, Ouachita River Unit, Arkansas Department of Correction; and Nurzuhal Faust, Warden, Ouachita River Unit, Arkansas Department of Correction, from Hot Spring County Circuit Court. Petitioner’s pro se motion to file belated reply brief.
CV-20-673. Michael MacKool v. State of Arkansas, from Lincoln County Circuit Court. Appellant’s pro se motion to stop appeal.
CV-20-753. Stanley R. Hunt v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Petitioner’s pro se motion for belated appeal.
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ARKANSAS SUPREME COURT PROCEEDINGS OF JANUARY 28, 2021 CASES SUBMITTED CR-20-269. State of Arkansas v. Mauricio Alejandro Torres, from Benton County Circuit Court. Orally argued.
CR-19-824. Tara Kolb v. State of Arkansas, from Drew County Circuit Court. CR-20-88. Anthony Dewayne Brown v. State of Arkansas, from Ashley County Circuit Court.
CR-20-143. Donald Adams v. State of Arkansas, from Benton County Circuit Court. CR-20-433. Markus Gentry v. State of Arkansas, from Craighead County Circuit Court, Western District.
CV-19-664. James Andrew Williams v. St. Vincent Infirmary Medical Center; Catholic Health Initiatives; First Initiatives Insurance Company, LTD.; and Dr. Jay D. Holland, M.D., from Pulaski County Circuit Court, Second Division.
CV-20-171. Arkansas Ethics Commission v. Susan K. Weaver, from Pulaski County Circuit Court, Seventeenth Division.
********************************************* CR-20-346. Rickie Green v. State of Arkansas, from Lonoke County Circuit Court. CR-20-419. Terrance Manuel v. State of Arkansas, from Phillips County Circuit Court. CV-20-280. Tyrell A. Benson v. Dexter Payne, Director, Arkansas Department of Correction, from Lincoln County Circuit Court.
CV-20-353. Serandon Starling v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court.
Opinions are available on the internet at http://arcourts.gov
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