Supreme Court

Decision Information

Decision Content

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 JOHN DAN KEMP, CHIEF JUSTICE CV-23-416. 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; City of North Little Rock, Arkansas, and All Others Similarly Situated; and State of Arkansas, ex rel. Larry Jegley, from Jefferson County Circuit Court. Reversed.

RHONDA K. WOOD, JUSTICE CR-23-697. State of Arkansas v. Raymond N. Bailey, Jr., from Pulaski County Circuit Court, Third Division. Reversed and remanded. Webb, J., concurs in part and dissents in part. Baker and Hudson, JJ., dissent.

CODY HILAND, JUSTICE CV-22-190. John Thurston, in His Official Capacity as Secretary of State of the State of Arkansas; Sharon Brooks, Bilenda Harris-Ritter, William Luther, Charles Roberts, James Sharp, and J. Harmon Smith, in Their Official Capacities as Members of the Arkansas State Board of Election Commissioners v. The League of Women Voters of Arkansas; Arkansas United; Dortha Dunlap; Leon Kaplan; Nell Matthews Mock; Jeffery Rust; and Patsy Watkins, from Pulaski County Circuit Court, Fifth Division. Reversed and dismissed. Kemp, C.J., and Womack and Webb, JJ., concur.

1

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 PER CURIAM ORDERS REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases. CV-23-326. Ronald David Kimbrough and Mitzi Kimbrough, on Behalf of Themselves and All Other Similarly Situated Taxpayers v. Roderick Grieve, in His Official Capacity as Benton County Assessor, et al., from Benton County Circuit Court. Baker, Hudson and Womack, JJ., would grant.

CV-23-439. Darren Woodruff v. State of Arkansas, from Chicot County Circuit Court. ********************************************* CR-21-415. Cleveland Evans v. State of Arkansas, from Pulaski County Circuit Court, First Division. Petitioner’s pro se motion for reconsideration is denied.

CR-24-240. Warren Goodrum v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellant’s petition for writ of certiorari to complete the record or, in the alternative, motion to remand to settle the record is granted. Webb, J., would deny.

CV-24-52. Progressive Northwestern Insurance Company v. Misty Huddleston and Lane Huddleston, Individually and on Behalf of All Arkansans Similarly Situated, from Pope County Circuit Court. Appellees’ motion to supplement the record is granted.

CV-24-147. Tim Griffin, in His Official Capacity as Attorney General of Arkansas v. Arkansas Board of Corrections; Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections; Tyrone Broomfield, in His Official Capacity as Vice Chairman of the Arkansas Board of Corrections; and John Felts; Dr. William “Dubs” Byers; Dr. Whitney Gass; Lee Watson; and Alonza Jiles, in Their Official Capacities as Board Members of the Arkansas Board of Corrections, from Pulaski County Circuit Court, Sixth Division. Appellees’ motion to consolidate appeals is denied.

CV-24-199. Sarah Sanders, in Her Official Capacity as Governor of Arkansas; Lindsay Wallace, in Her Official Capacity as Acting Secretary of the Arkansas Department of Corrections; and Arkansas Department of Corrections v. Arkansas Board of Corrections; and Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections, from Pulaski County Circuit Court, Eleventh Division. Appellees’ motion to consolidate appeals is denied.

2

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 PER CURIAM ORDERS CV-24-210. (In the Matter of the Estate of Flor Maribel Recinos Valle) Mark Murphey Henry v. Josselin Gonzalez, Administrator of the Estate of Ana Delia Mejia Flores; and Tony Pirani, from Washington County Circuit Court. Petitioner’s motion for leave requesting the Court to accept petitioner’s record on appeal. Remanded to settle the record. The Washington County Circuit Court is directed to prepare a certified electronic record of the pleadings filed in Washington County Circuit Court case no. 72PR-21-703 and provide the certified electronic record to petitioner’s counsel, Mark Murphey Henry, for the sole purpose of filing under seal with the Clerk of this Court. Electronic record due in thirty days (June 15, 2024).

CV-24-295. Robert Steinbuch, Esq.; and Ben Motal, Esq., on Behalf of Themselves and All Persons Similarly Situated v. Pulaski County Circuit Court; Eric Higgins, in His Official Capacity as Pulaski County Sheriff; and Barry Hyde, in His Official Capacity as Pulaski County Judge, from Pulaski County Circuit Court, Sixteenth Division. Petitioners’ petition for a writ of mandamus, request for expedited consideration, and request for removal of the circuit judge. Request for expedited consideration granted. Petition for writ of mandamus treated as a petition for supervisory writ and granted. Circuit court’s order of May 7, 2024 vacated. Request for reassignment of circuit judge granted. 60CV-22-6976 is assigned to the division of the administrative judge for the Sixth Judicial District. On remand, the new assigned circuit judge shall follow the mandate and enter an order of dismissal against plaintiff Chris P. Corbitt, and enter an order for declaratory and injunctive relief in favor of the two remaining individual plaintiffs, Robert Steinbuch and Ben Motal. Baker, J., would deny expedited consideration. Kemp, C.J., and Hudson, J., would deny expedited consideration; see Steinbuch v. Pulaski Cnty Ct., 2024 Ark. 84 (per curiam) (Hudson, J., dissenting). See per curiam and dissenting opinion issued May 13, 2024.

D-24-248. In Re Bruce E. Buchanan, Arkansas Bar No. 83032, an Original Action. Petition of Bruce E. Buchanan, Arkansas Bar No. 83032, for voluntary surrender of license (resignation) is granted.

*********************************************

3

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 PER CURIAM ORDERS CR-14-1088. Fred L. Williams v. State of Arkansas, from Drew 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 is moot.

CR-14-1088. Fred L. Williams v. State of Arkansas, from Drew County Circuit Court. Petitioner’s pro se amended fifth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis is denied.

********************************************* In Re Arkansas Supreme Court Committee on Security and Emergency Preparedness. See per curiam this date.

Circuit Judge Candice Settle of Van Buren is reappointed to the Arkansas Supreme Court Committee on Security and Emergency Preparedness for a term to expire on September 30, 2026. The Court extends its appreciation to Judge Settle for her willingness to serve on this important Committee.

4

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 MOTIONS SUBMITTED CR-24-240. Warren Goodrum v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Appellant’s pro se motion to relieve counsel, appoint new counsel, and for extension of brief time.

CR-24-240. Warren Goodrum v. State of Arkansas, from Pulaski County Circuit Court, Seventh Division. Motion of Michael Kiel Kaiser to withdraw as counsel of record and for new appellate counsel to be appointed.

CV-23-59. Kenneth D. Stuart; James Greenhaw; Elizabeth Jessup; Amber Wooldridge; Kevin Lightburn; Kalvin Henderson; CBC Vision, LLC; Timothy Tyler Gardner; Jamshid Mirtalipov; and Garrett Taylor v. Larry Walther, in His Official Capacity as Secretary of Arkansas Department of Finance and Administration, from Pulaski County Circuit Court, Eleventh Division. Appellants’ declaration of technical failure and motion to accept belated petition for rehearing.

CV-24-199. Sarah Sanders, in Her Official Capacity as Governor of Arkansas; Lindsay Wallace, in Her Official Capacity as Acting Secretary of the Arkansas Department of Corrections; and Arkansas Department of Corrections v. Arkansas Board of Corrections; and Benny Magness, in His Official Capacity as Chairman of the Arkansas Board of Corrections, from Pulaski County Circuit Court, Eleventh Division. Appellants’ motion to hold briefing schedule in abeyance; motion to stay briefing schedule pending disposition of motion for abeyance.

CV-24-280. The Kroger Co.; Kroger Dedicated Logistics Co.; Kroger Limited Partnership I; Demetrius Brooks; Five Rivers Trucking, LLC; Naw Seng Gauri; and Bung Di v. Joe and Sheryl Lang, as Special Administrators of the Estate of Jason Conner Lang; Ruan Transport Corporation; Ruan Logistics Corporation; Dwight D. Slater; Courtney Boulware; Ozark Motor Lines, Inc.; and John Does 1–3, from St. Francis County Circuit Court. Petitioners’ second petition for writ of mandamus.

D-24-298. In Re Mark Thomas Steele, Arkansas Bar No. 2015021, an Original Action. Petition of Mark Thomas Steele, Arkansas Bar No. 2015021, for voluntary surrender of license (resignation).

D-24-299. In Re Robert S. Irving, Arkansas Bar No. 87091, an Original Action. Petition of Robert S. Irving, Arkansas Bar No. 87091, for voluntary surrender of license (resignation).

*********************************************

5

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 MOTIONS SUBMITTED CR-07-238. Kenny Travis, Jr. v. State of Arkansas, from Mississippi County Circuit Court, Chickasawba District. Petitioner’s pro se fourth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis.

CR-07-238. Kenny Travis, Jr. v. State of Arkansas, from Mississippi County Circuit Court, Chickasawba District. Petitioner’s pro se amended fourth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis.

CR-10-206. Timothy Mack Clemmons v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Petitioner’s pro se second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis; and motion to appoint counsel and a handwriting expert.

CR-12-74. Terry Dean Birts v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Petitioner’s pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis or habeas corpus and motion to remand to the trial court for an evidentiary hearing.

CR-23-102. Jeffery Allen Workman v. State of Arkansas, from Sebastian County Circuit Court, Greenwood District. Petitioner’s pro se motion for documents, briefs, and transcripts at State’s expense.

CR-23-783. Jessie Hill v. State of Arkansas, from Grant County Circuit Court. Appellant’s pro se motion for extension of time.

CR-23-783. Jessie Hill v. State of Arkansas, from Grant County Circuit Court. Appellant’s pro se motion to expand page limit.

CR-23-783. Jessie Hill v. State of Arkansas, from Grant County Circuit Court. Appellant’s pro se motion for relief pursuant to the Arkansas Constitution and the United States Constitution and Arkansas statutes to overturn, vacate, dismiss, and to reinvest jurisdiction in the trial court to consider a petition for error coram nobis.

CR-23-783. Jessie Hill v. State of Arkansas, from Grant County Circuit Court. Appellant’s pro se second motion for relief pursuant to the Arkansas Constitution and the United States Constitution and Arkansas statutes to consider a petition for error coram nobis.

CR-24-142. Willia Ray Porchia v. State of Arkansas, from Ouachita County Circuit Court. Petitioner’s pro se petition for writ of mandamus.

6

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 MOTIONS SUBMITTED CR-24-258. Christopher Love v. State of Arkansas, from Nevada County Circuit Court. Petitioner’s pro se motion for rule on clerk to file pro se tendered petition for writ of mandamus and amended petition for writ of mandamus without a certified record.

CV-24-213. Rolandis Chatmon v. Dexter Payne, Director, Arkansas Division of Correction, from Lincoln County Circuit Court. Appellant’s pro se motion for use of the record on appeal.

*********************************************

7

ARKANSAS SUPREME COURT PROCEEDINGS OF MAY 16, 2024 CASES SUBMITTED CR-23-537. Corey Jeffery v. State of Arkansas, from Arkansas County Circuit Court, Northern District.

CV-24-13. Conrad Reynolds; and Arkansas Voter Integrity Initiative, Inc., Individually and on Behalf of Restore Election Integrity Arkansas, a Ballot Question Committee v. John Thurston, in His Official Capacity as Secretary of State; and the State Board of Election Commissioners, an Original Action.

8

 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.