Supreme Court

Decision Information

Decision Content

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 JOHN DAN KEMP, CHIEF JUSTICE CV-19-786. (In the Matter of the Estate of Robert H. Slaughter, Deceased) Garland Trice, Jr. v. Eoies Trice and Ocie Trice, from Lee County Circuit Court. Reversed and dismissed; court of appeals opinion vacated. Womack, J., dissents. RHONDA K. WOOD, JUSTICE CR-21-118. Howard Togo Wood, Jr. v. State of Arkansas, from Scott County Circuit Court. Affirmed in part; reversed and remanded in part. Womack, J., concurs without opinion. Webb, J., dissents.

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 PER CURIAM ORDERS CR-20-301. Anthony Keith Lanos v. State of Arkansas, from Crittenden County Circuit Court. Appellant’s pro se motion to have the Supreme Court of Arkansas accept case for appeal under their review treated as a motion for reconsideration and denied. CR-20-581. Zachery S. Keesee v. State of Arkansas, from Faulkner County Circuit Court. Appellant’s motion for expansion of word-count limitations is granted. Baker, Hudson, and Wood, JJ., would deny. CR-21-85. Anthony Beard v. State of Arkansas, from Hot Spring County Circuit Court. Certification to the Supreme Court is granted. Baker, Hudson, and Wynne, JJ., would deny. CR-21-504. Hannah Sisemore v. State of Arkansas, from Little River County Circuit Court. Petitioner’s motion for expedited consideration; petitioner’s petition for writ of certiorari or, alternatively, petition for writ of habeas corpus. Expedited consideration granted; petition for writ of certiorari granted. Order of contempt vacated. (Proceedings of October 29, 2021) CV-19-538. DoctorDirectory.com, LLC; Everyday Health, Inc.; and John Does 1–10, Intending to Refer to Those Persons, Corporations, or Other Legal Entities That Acted as Agents, Consultants, Independent Contractors, or Representatives v. Davis Neurology, P.A., on Behalf of Itself and All Other Entities and Persons Similarly Situated, from Pope County Circuit Court. Appellants’ unopposed motion to lift stay and dismiss appeal is granted. Wood, J., not participating.

2

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 PER CURIAM ORDERS CV-20-728. K.B.X., Inc.; Steven Michael Keith, Sr., Individually; Steven Michael Keith, Jr., Individually; and Jeffrey Shay Sebree, Individually v. Zero Grade Farms, a Partnership, also d/b/a Isbell Farms; Mark Isbell, Individually; Chris Isbell, Individually; Shane Isbell, Individually; Judy Isbell, Individually; Jeremy Jones, Individually; K & K Farm Service, Inc., also d/b/a K & K Farm Services; Edward Schafer & Sons, a Partnership; Ronald Schafer and Roger Schafer, as Trustees of the Edward Burnard Schafer Q-TIP Trust; Ronald Schafer, Individually; Dee Anne Schafer, Individually; Clifford Schafer, Individually; Rachel Schafer, Individually; Roger Schafer, Individually; Pamela Schafer, Individually; Donald Schafer, Individually; Donna Schafer, Individually; Gary Hardke Farms, a Partnership; Gary Hardke, Individually; Melodie Hardke, Individually; Bigfoot AG, Inc.; Agri-Petroleum Sales, LLC; Agribusiness Properties, LLC; Brinkley Truck Brokerage, LLC; Christopher Taylor, Individually; Dale Bartlett, Individually; Ivory Rice, LLC; Anna Hurst, Special Administrator of the Estate of Jason Coleman; LJTC, LLC; Turner Commodities, Inc.; Turner North, LLC; and Turner Grain, Inc., d/b/a Turner Grain, from Lonoke County Circuit Court. Appellants’ joint motion to expand word-count limitations and incorporated memorandum of authorities is granted. Baker, Hudson, and Wood, JJ., would deny. CV-21-327. 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, 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. Appellees’ motion to supplement the record is denied. Special Justice Gregory Vardaman agrees. Kemp, C.J., and Baker, J., would grant. Wood, J., not participating. CV-21-371. Gerald Pevey v. Bay Cities Container Corporation, from Benton County Circuit Court. Petitioner’s motion for extension of time to file record on appeal is granted. Kemp, C.J., not participating. CV-21-505. Arkansas Department of Finance and Administration; Arkansas Alcoholic Beverage Control Division; and Arkansas Medical Marijuana Commission v. 2600 Holdings, LLC, d/b/a Southern Roots Cultivation. Appellee’s motion to expedite appeal is denied. (Proceedings of November 2, 2021) ********************************************* CR-21-156. Doyle Ashcraft v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellee’s motion to dismiss appeal is granted. 3

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 PER CURIAM ORDERS CR-21-277. Michael Harris v. State of Arkansas, from Benton County Circuit Court. Petitioner’s pro se petition for writ of mandamus is moot. CV-21-285. Michael Jackson v. Dexter Payne, Director, Arkansas Department of Correction, from Lee County Circuit Court. Petitioner’s pro se petition for writ of mandamus is granted. Wood and Webb, JJ., would deny. CV-21-338. Walter A. McCullough v. Dexter Payne, Director, Arkansas Division of Correction, from Jefferson County Circuit Court. Appellee’s motion to dismiss appeal or, in the alternative, motion for extension of brief time. Motion to dismiss appeal is granted. CV-21-456. Malik Muntaqim v. Gaylon R. Lay, Warden; Wendy Kelley, Director of Arkansas Department of Correction; Ray Hobbs, Director of Arkansas Department of Correction; Larry May, Chief Deputy Director; Grant Harris, Deputy Director; Raymond Naylor, Internal Affairs Administrator; Randy Watson, Warden, Varner Unit; Marvin Evans, Deputy Director; Eddie Selvey, Deputy Warden, Arkansas Department of Correction; Crystal Wood, Classification Officer, Cummins Unit; Patricia Baxter, Mailroom Supervisor, Cummins Unit; Leonard Banks, Chaplain, Cummins Unit; Sgt. S. Cook, Correctional Officer, Cummins Unit; Tiffanye Compton, Grievance Coordinator, Central Office; Dennise Alexander, Publication Review, Central Office; Jan Scussel, Publication Review, Central Office; Tami Aiken, Publication Review, Central Office; John M. Wheeler, Religious Administrator, Central Office; April Gibson, Grievance Officer, Cummins Unit; Lisa R. Hall, Grievance Officer, Cummins Unit; and Muhammad Ameed, Islamic Chaplain, Central Office, from Jefferson County Circuit Court. Petitioner’s pro se motion for rule on clerk to lodge supplemental record and correct the record is denied. In Re Arkansas Access to Justice Commission. See per curiam this date. Professor Tiffany Murphy of the University of Arkansas School of Law at Fayetteville is reappointed to the Arkansas Access to Justice Commission for a third three-year term to expire on October 15, 2024. The court thanks Professor Murphy for her continued service on this important commission.

4

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 MOTIONS SUBMITTED CR-18-424. Benjamin Mickey Pitts v. State of Arkansas, from Garland County Circuit Court. Petitioner’s pro se motion for reconsideration. CR-21-195. Robert Smith III v. State of Arkansas, from Faulkner County Circuit Court. Appellee’s motion to supplement the record. CR-21-496. Chris Beason Taffner v. State of Arkansas, from Washington County Circuit Court. Petitioner’s motion for emergency proceedings; or to stay the trial proceedings. CR-21-496. Chris Beason Taffner v. State of Arkansas, from Washington County Circuit Court. Petitioner’s emergency petition for writ of certiorari. CR-21-496. Chris Beason Taffner v. State of Arkansas, from Washington County Circuit Court. Petitioner’s amended emergency petition for writ of certiorari. CV-21-319. Arkansas Department of Health; José Romero, M.D., in His Official Capacity as Secretary of Health/Arkansas Department of Health; Arkansas Board of Hearing Instrument Dispensers; and Stephanie Pratt, in Her Official Capacity as Executive Director/Arkansas Board of Hearing Instrument Dispensers v. Samuel Solomon, from Pulaski County Circuit Court, Seventeenth Division. Appellants’ second motion to supplement the record. CV-21-365. Asa Hutchinson, in His Official Capacity as Governor of Arkansas; and Charisse Childers, in Her Official Capacity as Director, Arkansas Division of Workforce Services v. Logan Armstrong; Emily Ball; Ronald Bates; Cynthia Eyiuche; and Kurt Johnsen, from Pulaski County Circuit Court, Fourth Division. Appellants’ motion to supplement the record. D-21-522. In Re Thomas Pitchlynn Howell IV, Arkansas Bar No. 2006126, an Original Action. Petition of Thomas Pitchlynn Howell IV, Arkansas Bar No. 2006126, for voluntary surrender of license (resignation). ********************************************* CR-93-189. Reginald Early v. State of Arkansas, from Dallas 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.

5

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 MOTIONS SUBMITTED CR-11-1161. Joseph Chunestudy v. State of Arkansas, from Greene 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-11-1161. Joseph Chunestudy v. State of Arkansas, from Greene County Circuit Court. Petitioner’s pro se motion for appointment of counsel. CR-11-1161. Joseph Chunestudy v. State of Arkansas, from Greene County Circuit Court. Petitioner’s pro se motion to receive a copy of client records. CR-14-1088. Fred L. Williams v. State of Arkansas, from Drew County Circuit Court. Petitioner’s pro se motion to recall the mandate. CR-14-1088. Fred L. Williams v. State of Arkansas, from Drew County Circuit Court. Petitioner’s pro se amended motion to recall the mandate. CR-18-546. Kwasi McKinney v. State of Arkansas, from Columbia County Circuit Court. Petitioner’s pro se fourth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. CV-21-271. Abraham Grant v. Dexter Payne, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for default judgment. CV-21-271. Abraham Grant v. Dexter Payne, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion of objection. CV-21-430. Robert Fischer v. Dexter Payne, Director, Arkansas Department of Correction, from Hot Spring County Circuit Court. Appellant’s pro se motion for extension of time to file brief. *********************************************

6

ARKANSAS SUPREME COURT PROCEEDINGS OF NOVEMBER 4, 2021 CASES SUBMITTED CV-20-713. Ann Jenkins v. Mercy Hospital Rogers, from Benton County Circuit Court. Orally argued. CR-21-148. Stanley Warner v. State of Arkansas, from Van Buren County Circuit Court. CR-21-154. John Drennan v. State of Arkansas, from Hot Spring County Circuit Court. CV-20-363. (In the Matter of the Estate of John Harold Haverstick, Deceased) John Haverstick and Jerry Haverstick v. Frances Haverstick, from Woodruff County Circuit Court. CV-21-233. James Peveto v. State of Arkansas; Arkansas Game and Fish Commission; and Pat Fitts, as Director of the Arkansas Game and Fish Commission, from Pulaski County Circuit Court, Sixth Division. CV-21-279. Jennifer Rivera-Ceren, on Behalf of Herself and All Others Similarly Situated v. Presidential Limousine and Auto Sales, Inc., from Garland County Circuit Court. ********************************************* CR-20-284. LaJason J. Coakley v. State of Arkansas, from Miller County Circuit Court. CR-20-513. David Edward McLaughlin v. State of Arkansas, from Garland County Circuit Court. CV-21-147. Jackie L. Williams v. Dexter Payne, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. CV-21-313. Terrick Nooner v. Ray Hobbs and James Gibson, from Pulaski County Circuit Court, Twelfth Division.

7

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.