Arkansas Cases ©   Coverage   Help   Search Westlaw   Topic: AllCommercial Law & ContractsCriminal JusticeEducationEnergyEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilityProfessional MalpracticeReal PropertyTaxationTort LawWorkers Compensation Lisa POUNDERS, Appellant, v. Mike REIF; Dover, Dixon, & Horne, PLLC, Appellees. , Ark., November 19, 2009 Appeal from the Pulaski County Circuit Court, No. CV2008-5296, Christopher Charles Piazza, Judge. PAUL E. DANIELSON, Justice. Appellant Lisa Pounders appeals from the order of the Pulaski County Circuit Court dismissing her complaint with prejudice. Her sole point on appeal is that the court erred in applying the three-year statute of limitations that governs legal-malpractice claims to her complaint rather than the five-year statute of limitations applicable to a breach-of-contract clai... Terrance Quartez JARRETT, Petitioner v. STATE of Arkansas, Respondent. , Ark., November 19, 2009 Pro Se Motion to File Belated Petition for Review [Circuit Court of Sebastian County, Ft. Smith District, CR 2003-305, CR 2003-382, CR 2003-283, CR 2003- 384]. PER CURIAM. Terrance Quartez Jarrett appealed the revocation of his suspended sentence in four cases. The Arkansas Court of Appeals affirmed. Jarrett v. State, CACR 08-1295 (Ark.App. May 13, 2009) (unpublished). On August 31, 2009, petitioner Jarrett, who was represented by counsel on appeal, tendered a pro se petition for revie... Lonnie Dean VICKERS, Appellant v. STATE of Arkansas, Appellee. , Ark., November 19, 2009 Appellee's Motion to Dismiss Appeal [Circuit Court of Garland County, CR 2007- 466, John Wright, Judge]. PER CURIAM. On July 1, 2009, an order was entered in the Circuit Court of Garland County dismissing a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 filed by appellant Lonnie Dean Vickers. Appellant Vickers has lodged an appeal here from that order. Now before us is a motion filed by the appellee State asking that the appeal be dismissed for failure ... James E. CLEMONS, Appellant, v. STATE of Arkansas, Appellee. , Ark., November 19, 2009 Motion for Rule on Clerk. PER CURIAM. Appellant, James Clemons, by and through his attorney, Rickey Hicks, seeks a motion for rule on clerk. The State has not filed a response. Appellant was convicted of capital murder in the Union County Circuit Court on March 26, 2009, and sentenced to life imprisonment without parole. A timely notice of appeal was filed on April, 17, 2009. Pursuant to an order of the circuit court, the time for filing the record was extended to October 26, 2009. The... James Edward WILLIAMS, Petitioner v. STATE of Arkansas, Respondent. , Ark., November 19, 2009 Pro Se Petition for Review [Circuit Court of Pulaski County, CR 2007-3386, Christopher Piazza, Judge]. PER CURIAM. Petitioner James Edward Williams was found guilty by a jury of two counts of aggravated robbery, two counts of terroristic threatening in the first degree, theft of property, and battery in the third degree. An aggregate term of 360 months' imprisonment was imposed. The Arkansas Court of Appeals affirmed. Williams v. State, 2009 Ark. 684. Now before us is a petition for revi... John CUMMINGS, Petitioner v. Hon. Willard PROCTOR, Circuit Judge, Respondent. , Ark., November 19, 2009 Pro Se Petition for Writ of Mandamus [Circuit Court of Pulaski County, CR 2008-1549]. PER CURIAM. On October 20, 2009, petitioner John Cummings filed the pro se petition for writ of mandamus that is now before us. He contended in the petition that the Honorable Willard Proctor, Circuit Judge, had failed to act on a petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 that petitioner had filed in the Circuit Court of Pulaski County on November 21, 2008. On October... Robert L. EDWARDS, Appellant, v. Diane C. EDWARDS, Appellee. , Ark., November 19, 2009 Appeal from the Columbia County Circuit Court, No. DR-04-320-5, Larry Chandler, Judge. ROBERT L. BROWN, Justice. The court of appeals certified this divorce case for purposes of determining whether the circuit judge lost subject-matter jurisdiction over this case before he entered a Supplemental Divorce Decree. We hold that these facts do not raise an issue of subject-matter jurisdiction, and we remand the matter to the court of appeals. Robert and Diane Edwards were married in 1986, a... Tonya RODGERS, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. , Ark.App., November 18, 2009 Appeal from the Craighead County Circuit Court, [No. JV 2008-199]; Cindy Thyer, Judge. M. MICHAEL KINARD, Judge. On March 3, 2009, the Craighead County Circuit Court terminated the parental rights of appellant Tonya Rodgers to her son, C.R., born January 6, 2004. Rodgers's attorney has filed a motion to withdraw and a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Ark. Sup.Ct. R. 4-3(j)(1). The Arkansas Departmen... Joy L. DESPAIN, Appellant v. FRANKLIN ELECTRIC COMPANY and Helmsman Management Services, LLC, Appellees. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F710240]. JOSEPHINE LINKER HART, Judge. Appellant, Joy L. DeSpain, appeals from the Arkansas Workers' Compensation Commission's decision concluding that her claims for benefits related to injuries to her index and middle finger on her right hand and her thumb on her left hand were barred by the applicable statute of limitations. We affirm the Commission's decision. [FN1] FN1. Given this disposition, we need not address appella... Kimberly GRIFFITH, Appellant v. MEDCATH, INC. and Liberty Mutual Insurance Company, Appellees. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F512919]. M. MICHAEL KINARD, Judge. Appellant, Kimberly Griffith, appeals from a decision of the Arkansas Workers' Compensation Commission denying her claim for additional medical and temporary-total disability (TTD) benefits. We affirm. Appellant, who worked as a nurse at Arkansas Heart Hospital, sustained a compensable injury to her back on October 26, 2005, while repositioning a patient in a bed. She received non-surgica... Douglas WHITE, Appellant v. Kara WHITE, Appellee. , Ark.App., November 18, 2009 Appeal from the Pulaski County Circuit Court, [DR2003-6447]; Mary McGowan, Judge. KAREN R. BAKER, Judge. Appellant, Douglas White, appeals an order entered in Pulaski County Circuit Court finding that his overpayment of child support was voluntary. On appeal, Mr. White argues that the circuit court's finding was clearly erroneous. Mr. White also argues that he was entitled to credit for involuntary overpayment of child and spousal support to be applied against future obligations of spousa... Clara HARPER, Appellant v. Jimmy CANNON and Ade Investments, LLC, Appellees. , Ark.App., November 18, 2009 Appeal from the Jefferson County Circuit Court [No. DR-2005-638-4]; Leon N. Jamison, Judge. COURTNEY HUDSON HENRY, Judge. Appellant Clara Harper appeals the order of the Jefferson County Circuit Court confirming the judicial sale of a residence to appellee ADE Investments, LLC (ADE). For reversal, appellant contends that the trial court erred by confirming the sale because the purchase price was so inadequate as to shock the conscience of the court. We affirm the confirmation order. A ... Curtis GARDNER, Appellant v. BEVERLY ENTERPRISES and Constitutional State Services, Appellees. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F204535]. COURTNEY HUDSON HENRY, Judge. Appellant Curtis Gardner appeals the decision of the Arkansas Workers' Compensation Commission finding that appellant's claim for medical benefits is barred by the statute of limitations. For reversal, appellant contends that the Commission erred in finding that his claim was one for additional benefits that is barred by the statute of limitations, rather than one to enforce a previous a... Alphonso REID, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. , Ark.App., November 18, 2009 Appeal from the Miller County Circuit Court, [No. JV-2008-262-1]; Joe E. Griffin, Judge. D.P. MARSHALL JR., Judge. Alphonso Reid appeals from an order adjudicating his daughters, A .R. and C.R., dependent-neglected after DHS took them and other children into emergency custody from the Tony Alamo Christian Ministries compound in Fouke, Arkansas, in September 2008. At this adjudication hearing, the circuit court also heard the evidence concerning the daughters of Brian Broderick, and it con... Charles KOSTER, Appellant v. CUSTOM PAK & TRISSEL, Graham & Tool, Inc., Appellees. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission [F705738]. DAVID M. GLOVER, Judge. An administrative law judge determined that Charles Koster sustained a compensable injury to his left elbow while pulling flash [FN1] on June 6, 2006; that his right upper-extremity complaints, which required medical treatment and resulted in periods of temporary total disability, were a compensable consequence of the June 6, 2006 injury; and that Koster was temporarily totally disabled from Marc... J.F. VALLEY, Appellant v. HELENA NATIONAL BANK, Appellee. , Ark.App., November 18, 2009 Appeal from the Phillips County Circuit Court, [No. CV-2003-163]; Harvey L. Yates, Judge. D.P. MARSHALL JR., Judge. This is the sequel to our en banc decision in Valley v. Helena National Bank, 99 Ark.App. 270, 259 S.W.3d 461 (2007). There we reversed a default judgment against Valley based on ineffective service. After our mandate issued, the Bank refiled its debt case--the 2007 case--against Valley. But the first case--the 2003 case--had not yet been dismissed. Valley then moved in the ... Charles V. GRASSI, Sr., Appellant v. James W. HYDEN and Hyden, Miron & Foster, P.L.L.C., Appellees. , Ark.App., November 18, 2009 Appeal from the Pulaski County Circuit Court, [No. CV 02-5754]; James Maxwell Moody, Jr., Judge. LARRY D. VAUGHT, Chief Judge. This is a legal-malpractice case. Charles Grassi, Sr., appeals from the circuit court's entry of judgment on a directed verdict for appellees James Hyden and his firm, Hyden, Miron & Foster, P.L.L.C. We order rebriefing because appellant's addendum does not comply with Ark. Sup.Ct. R. 4-2(a)(8). The addendum does not reflect that this case is final for purposes... Flora Ruth BAKER, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 18, 2009 Appeal from the Pulaski County Circuit Court, [No. CR 07-4017]; Barry Sims, Judge. KAREN R. BAKER, Judge. Following a bench trial, a Pulaski County court found appellant Flora Ruth Baker guilty of fraudulently using a credit card belonging to her employer, the Lonoke County Sheriff's Department, and sentenced her to ten years imprisonment in the Arkansas Department of Correction, with seven years suspended. Appellant asserts two points of error on appeal. First, she argues that the trial ... Keith F. WHITE, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 18, 2009 Appeal from the Union County Circuit Court, [No. CR-08-406-4]; Gayle K. Ford, Special Judge. D.P. MARSHALL JR., Judge. Keith White appeals his conviction for breaking or entering. Does substantial evidence exist that White entered Marshall Shackleford's garage and the adjoining bathroom/storage room for the purpose of stealing fishing reels and a combination air compressor/battery charger? The basic and undisputed facts were these. Shackleford hired White to do yard work at Shackleford... Michael ANDERSON, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 18, 2009 Appeal from the Ashley County Circuit Court [No. CR-06-197-4B]; Don Glover, Judge. JOHN MAUZY PITTMAN, Judge. Two brothers, Myron and Michael, were convicted of crimes arising out of a nightclub shooting spree. They were tried together and the brothers' respective attorneys filed a joint notice of appeal. Myron's attorney filed a brief on his client's behalf, and we decided his appeal in Myron Newjean Anderson v. State, CACR08-458 (Jan. 28, 2009). Michael's attorney failed to file a timel... Anna McKELLAR, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. , Ark.App., November 18, 2009 Appeal from the Craighead County Circuit Court, [JV-07-368]; Cindy Thyer, Judge. DAVID M. GLOVER, Judge. The Craighead County Circuit Court terminated Anna McKellar's parental rights to A.G. (born April 25, 2003); T.F. (born April 9, 2006); and S.M. (born June 26, 2007). McKellar's attorney has filed a motion to withdraw and a no- merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and Ark. Sup.Ct. R. 6-9(i), explaining why ... Charles W. SCOTT, Appellant v. LIBERTY SUPPLY, INC., Massachusetts Bay Insurance Co., and Second Injury Fund, Appellees. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F608592]. WAYMOND M. BROWN, Judge. Appellant Charles Scott appeals from a decision by the Arkansas Workers' Compensation Commission affirming and adopting the decision of the administrative law judge. Appellant argues on appeal that there is insufficient evidence supporting the Commission's denial of benefits for a gradual-onset back injury. We find no error and affirm. In reviewing decisions from the Workers' Compensation ... Huong B. NGUYEN, Appellant v. FM CORPORATION and S.B. Howard & Company, Appellees. , Ark.App., November 18, 2009 Appeal from the Workers' Compensation Commission, [No. F613876]. JOHN B. ROBBINS, Judge. Appellant Huong Nguyen appeals a decision by the Workers' Compensation Commission denying his request for compensation concerning a workplace event on November 9, 2006, wherein he claimed he hurt his back while performing work for appellee F.M. Corporation. Our standard of review is well settled. We view the evidence in a light most favorable to the Commission's decision and affirm if it is support... Robert WHITE, Appellant v. ARKANSAS STATE HIGHWAY & TRANSPORTATION DEPARTMENT, Public Employee Claims and Second Injury Fund, Appellees. , Ark.App., November 18, 2009 An Appeal from the Arkansas Workers' Compensation Commission [No. F704587]. LARRY D. VAUGHT, Chief Judge. Robert White appeals the decision of the Workers' Compensation Commission denying his claims for permanent-total and wage-loss disability benefits. White argues on appeal that there is a lack of substantial evidence supporting the Commission's decision. We affirm. On April 18, 2007, White was employed with appellee Arkansas Highway Department when he suffered a compensable injury t... William D. PRANTER, Appellant v. Herbie DANIELL d/b/a Daniell Electric; Ohio Casualty Insurance Co.; and Second Injury Fund, Appellees. , Ark.App., November 18, 2009 Appeal from the Workers' Compensation Commission [F511401]. RITA W. GRUBER, Judge. William D. Pranter appeals a decision of the Workers' Compensation Commission denying his claims for additional benefits that he alleged were related to a compensable back injury he sustained in a 2005 automobile accident. Pranter raises two points on appeal. First, he challenges the Commission's denial of his claim for additional medical care including back surgery. Second, he challenges the Commission's f... W.T., A Juvenile, and Brenda Richards, Parent, Appellants v. STATE of Arkansas, Appellee. , Ark.App., November 18, 2009 Appeal from the Craighead County Circuit Court, [No. JV-2007-82]; William Lee Fergus, Judge. ROBERT J. GLADWIN, Judge. At issue before this court is the May 21, 2009 probation revocation of a minor in the circuit court of Craighead County. Appellant, W.T., contends that the trial court erred in denying his motion for directed verdict. We affirm the revocation. [FN1] FN1. While appellant did not place a copy of the conditions in his addendum as is required by Rule 4-2(a)(8) (2009) and a lo... A.C. FREIN, and Billye R. Frein, Trustees of the A.C. Frein and Billye R. Frein Revocable Trust; A.C. Frein, Trustee of A.C. Frein Revocable Trust; Billye R. Frein, Trustee of Billye R. Frein Revocable Trust; V.W. Williams Company, a Partnership; Mar, Ark.App., November 18, 2009 Appeal from the Lee County Circuit Court, Civil Division, [No. CV-2007-118]; Harvey L. Yates, Judge. JOHN B. ROBBINS, Judge. Appellants A.C. Frein, et al., are owners individually, or through living trusts, of real property totaling about 7000 acres in Lee County. On November 4, 2005, the appellants entered into lease agreements with Windsor Weeping Mary, LLC. Appellee Windsor Weeping Mary, LP, is the successor in interest on the leases. Each of the agreements granted Windsor Weeping Mar... Robert MAULDING, Appellant v. PRICE'S UTILITY CONTRACTORS, INC.; Cincinnati Indemnity Co., Inc.; Second Injury Fund; and Death & Permanent Total Disability Fund, Appellees. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission, [No. F603594]. M. MICHAEL KINARD, Judge. Appellant Robert Maulding appeals from the Commission's opinion affirming and adopting the decision of the administrative law judge (ALJ), who found that appellant is not permanently and totally disabled; that he is entitled to a ten-percent permanent anatomical impairment rating; that, for purposes of calculating appellant's average weekly wages, appellant was not a full-time employee at t... Brian BRODERICK, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. , Ark.App., November 18, 2009 Appeal from the Miller County Circuit Court, [No. JV-2008-261-1]; Joe E. Griffin, Judge. ROBERT J. GLADWIN, Judge. This appeal is one of three cases decided today that involve children who were taken into emergency custody by DHS from the Tony Alamo Christian Ministries compound in Fouke, Arkansas, in September 2008. Appellant Brian Broderick is the father of two girls, S.B. and A.B., taken into custody and challenges the circuit court's order adjudicating his daughters dependent-neglecte... Greg SEAGO, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. , Ark.App., November 18, 2009 Appeal from the Miller County Circuit Court, [No. JV-2008-263-2]; James Scott Hudson, Jr., Judge. LARRY D. VAUGHT, Chief Judge. This is one of three appeals decided today that involve children who were removed from the Tony Alamo Christian Ministries compound in Fouke, Arkansas, in September 2008. The three appellants, fathers of girls placed in DHS's custody, challenge the two circuit courts' orders adjudicating their children dependent-neglected. See Brian Broderick v. Arkansas Dep't of... Intong SIVIXAY, Appellant v. DANAHER TOOL GROUP, Appellee. , Ark.App., November 18, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F210971]. COURTNEY HUDSON HENRY, Judge. Appellant Intong Sivixay appeals the decision of the Arkansas Workers' Compensation Commission denying his claim for wage-loss benefits. For reversal, he contends that the Commission's findings are not supported by substantial evidence. We agree and reverse and remand for proceedings consistent with this opinion. The record reflects that appellant, age forty-seven, began his employmen... Debra DICK, Appellant v. CONLEY TRANSPORT and Virginia Surety Co., Appellees. , Ark.App., November 18, 2009 Appeal from the Workers' Compensation Commission, [F011344]. KAREN R. BAKER, Judge. Appellant Debra Dick appeals the Workers' Compensation Commission's denial of benefits, asserting that the Commission erred in finding that she failed to prove that she is entitled to both medical treatment in the form of an MRI for her compensable injury and temporary total disability benefits from May 8, 2007, to a date yet to be determined. We find merit to her argument and reverse and remand for the Co... POTLATCH CORPORATION, Management Claims Solutions, Appellants v. James Norman WORD and Second Injury Fund, Appellees. , Ark.App., November 18, 2009 Appeal from the Workers' Compensation Commission [No. F701782]. ROBERT J. GLADWIN, Judge. This appeal follows the March 4, 2009 decision of the Workers' Compensation Commission that reversed the portion of the April 10, 2008 opinion of the Administrative Law Judge that found that appellee had failed to prove that he suffered a compensable injury to his left and right shoulders. The Commission instead found that appellee proved that he had sustained a compensable injury to his left shoulde... STATE of Arkansas, Appellant; v. R.H., Appellee. , Ark., November 12, 2009 Appeal from the Pulaski County Circuit Court, Tenth Division-Juvenile; No. JD2008-129, Joyce Williams Warren, Judge. DONALD L. CORBIN, Justice. This a State's appeal of a circuit court's ruling admitting into evidence the custodial statement of a third party over the State's hearsay objection. On appeal, the State asserts that the circuit court erred in determining that the statement was admissible under Ark. R. Evid. 803(6), as a business-records exception to the hearsay rule. Because th... The RALPH LOYD MARTIN REVOCABLE TRUST Declaration Dated the First Day of April 1994; Ralph Loyd Martin, Trustee of the Ralph Loyd Martin Revocable Trust Declaration Dated the First Day of April 1994; The Festus Mary Martin Revocable Trust Declaration, Ark., November 12, 2009 Appeal from the White County Circuit Court, No. CV08-294; William Pickens Mills, Judge. JIM HANNAH, Chief Justice. Appellants The Ralph Loyd Martin Revocable Trust Declaration Dated The First Day Of April 1994; Ralph Loyd Martin, Trustee Of The Ralph Loyd Martin Revocable Trust Declaration Dated The First Day Of April 1994; The Festus Mary Martin Revocable Trust Declaration Dated The First Day Of April 1994; and Festus Mary Martin, Trustee Of The Festus Mary Martin Revocable Trust Declara... Albert LEWIS, Appellant v. STATE of Arkansas, Appellee. , Ark., November 12, 2009 Pro Se Motion for Transcript at Public Expense [Circuit Court of Crittenden County, CR 2008-600]. PER CURIAM. In 2008, appellant Albert Lewis was sentenced as a habitual offender to consecutive terms of life imprisonment for rape and 360 months for kidnapping. An appeal from the judgment has been lodged in this court by appellant's attorney. Now before us is appellant's pro se motion requesting a copy at public expense of the transcript lodged on appeal or use of the transcript. In the mo... Anarian Chad JACKSON, Petitioner v. STATE of Arkansas, Respondent. , Ark., November 12, 2009 Pro se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis [Circuit Court of Pulaski County, CR 2001-4006]. PER CURIAM. The Arkansas Court of Appeals affirmed a judgment as to the conviction of petitioner Anarian Chad Jackson on a charge of second-degree murder and a sentence of eighty years' imprisonment. Jackson v. State, CACR 03-1127 (Ark.App. Dec. 1, 2004). Petitioner has now, for the third time, filed a pro se petition in this cou... Dennis Keith HODGES; Charles L. Underwood; Brenda Gail Underwood; Michael Bradley Underwood, Appellants, v. DIRECT NATIONAL INSURANCE COMPANY, Appellee. , Ark., November 12, 2009 Motion to Dismiss Appeal. PER CURIAM. Appellee, Direct National Insurance Company, by and through its counsel, Barber, McCaskill, Jones & Hale, P.A., has filed a motion to dismiss appeal. On August 31, 2009, the Pulaski County Circuit Court granted summary judgment in favor of Direct National. On September 22, 2009, appellant, Dennis Keith Hodges, filed an amended notice of appeal, which designated the entire record, including a hearing in which his counsel proffered certain exhibits for ... Robert GREEN, Jr., Petitioner v. STATE of Arkansas, Respondent. , Ark., November 12, 2009 Pro Se Petition for Review [Circuit Court of Desha County, CR 2007-121; Samuel Pope, Judge]. PER CURIAM. Petitioner Robert Green, Jr., was found guilty by a jury of delivery of a controlled substance and sentenced to 600 months' imprisonment. The Arkansas Court of Appeals affirmed. Green v. State, 2009 Ark.App. 589. Now before us is petitioner Green's pro se petition for review of the decision of the court of appeals. We do not reach the merits of the petition because petitioner filed... Brandy Mae DUNCAN, Appellant, v. Jeremy Scott DUNCAN, Appellee. , Ark., November 12, 2009 Appeal from the White County Circuit Court, No. CR-08-141, Craig Hannah, Judge. ROBERT L. BROWN, Justice. By certification memorandum dated June 23, 2009, the Arkansas Court of Appeals certified to this court the question of whether a scrivener's error in a notice of appeal regarding the date of the order appealed from deprives an appellate court of jurisdiction to hear the appeal under Rule 3(e) of the Arkansas Rules of Appellate Procedure-Civil. We hold that the notice of appeal substan... Richard J. BOWER, a/k/a Richard J. Bauer, Appellant v. STATE of Arkansas, Respondent. , Ark., November 12, 2009 Pro Se Appeal from Order Denying Leave to Proceed In Forma Pauperis and Motion for Record for Appeal [Circuit Court of Baxter County, CR 2008-261; John Putman, Judge]. PER CURIAM. On April 24, 2009, judgment was entered reflecting that appellant Richard J. Bower, who is also known as Richard J. Bauer, had been found guilty by a jury of aggravated robbery and kidnapping. An aggregate sentence of life imprisonment was imposed. Appellant, who had proceeded pro se at trial, timely filed a pro... Ramon WILLIAMSON, Appellant, v. STATE of Arkansas, Appellee. , Ark., November 12, 2009 Appeal from the Pulaski County Circuit Court, No. CR 06-2169, John Langston, Circuit Judge. ELANA CUNNINGHAM WILLS, Justice. Ramon Williamson appeals from his jury conviction for capital murder and sentence of life imprisonment without parole. Williamson brings a single point on appeal, arguing that the circuit court erred by denying his motion for a directed verdict. We affirm. On Monday, August 8, 2005, Little Rock Police responded to a report of a decomposing body found inside a gar... Christopher Wayne ROBERTS, Appellant, v. Robin Yanyan ROBERTS, Appellee. , Ark., November 12, 2009 Appeal from the Pulaski County Circuit Court, No. DR-05-5518, Mackie McClellan Pierce, Judge. PAUL E. DANIELSON, Justice. Appellant Christopher Wayne Roberts appeals from the divorce decree entered divorcing him from appellee Robin Yanyan Roberts. Roberts initially appealed the decree to the court of appeals, which affirmed, see Roberts v. Yang, 102 Ark.App. 384, 285 S.W.3d 689 (2008), and this court granted his petition for review. When we grant a petition for review, we consider the app... Gregory Christopher DECAY, Appellant, v. STATE of Arkansas, Appellee. , Ark., November 12, 2009 Appeal from the Washington County Circuit Court, No. CR2007-999-1; William A. Storey, Judge. PAUL E. DANIELSON, Justice. Appellant Gregory Decay appeals from the judgment and commitment order of the Washington County Circuit Court, convicting him of two counts of capital murder and sentencing him twice to death. Decay argues fourteen points on appeal: (1) the circuit court erred in failing to suppress Decay's statements to law enforcement; (2) the circuit court erred in failing to suppre... Kenneth Allan BRITT, Appellant v. STATE of Arkansas, Appellee. , Ark., November 12, 2009 Appeal from the Circuit Court of Lonoke County, CR 2005-28, Lance L. Hanshaw, Judge. PER CURIAM. In 2006, a jury found appellant Kenneth Allan Britt guilty of manufacturing methamphetamine, possessing drug paraphernalia with intent to manufacture methamphetamine, and fleeing, and sentenced him to an aggregate term of 240 months' imprisonment in the Arkansas Department of Correction. The Arkansas Court of Appeals affirmed the judgment. Britt v. State, CACR 07-103 (Ark.App. Nov. 7, 2007), p... Robert SPRIGGS, Appellant v. ARKANSAS LOCAL POLICE & FIRE RETIREMENT BOARD, Appellee. , Ark.App., November 11, 2009 Appeal from the Pulaski County Circuit Court [No. CV-2006-10226], Collins Kilgore, Judge. WAYMOND M. BROWN, Judge. Former North Little Rock police officer Robert Spriggs was denied retirement benefits by the Arkansas Local Police and Fire Retirement Board (LOPFI). An appeal to the Pulaski County Circuit Court was unsuccessful. Spriggs now comes before this court seeking reversal. He argues that the circuit court erred in not remanding his case for an additional hearing and that the decisi... Jason SHIVELY, Appellant v. Michelle Shively PLAUTZ, Appellee. , Ark.App., November 11, 2009 Appeal From The Cleburne County Circuit Court, [No. DR2004-164-2] John Norman Harkey, Judge. M. MICHAEL KINARD, Judge. Appellant, Jason Shively, appeals from the circuit court order denying his petition for modification of custody of the parties' minor daughter. We affirm the decision of the circuit court. The parties were married on March 24, 2001, and divorced on January 21, 2005. The parties have one minor child, a daughter who was born in 2003. Appellee was granted sole custody of ... Jeff NIX, Angela Nix, & Daphne McGregor, Appellants v. Sidney R. OWEN & Lela Ann Owen, Appellees. , Ark.App., November 11, 2009 Appeal from the Lincoln County Circuit Court [LCV-2004-026-2-5], Jodi Raines Dennis, Judge. DAVID M. GLOVER, Judge. This is a boundary dispute, which arose in 2003 between appellees, Sidney and Lela Ann Owen, and appellants Jeff and Angela Nix. Appellant Daphne McGregor is Angela Nix's grandmother. At issue are 3.24 rural acres. Appellees filed a quiet-title action, relying upon a 1973 warranty deed conveying the property to them. Appellants countered by arguing that they had acquired the... ARLANDS, LLC, Appellant v. FARMERS BANK & TRUST COMPANY, Appellee. , Ark.App., November 11, 2009 Appeal from the Mississippi County Circuit Court; [No. CV-2006-30 (JF) ]; John N. Fogleman, Judge. JOHN MAUZY PITTMAN, Judge. This is an appeal from summary judgment in favor of the appellee in an action to set aside a tax deed conveying property on which appellee held a mortgage. Appellee was not notified of the sale and discovered that it had taken place only after it attempted to foreclose the lien on the property for nonpayment. Appellant argues that no notice to appellee of the tax ... ASSOCIATED BUILDING & DEVELOPMENT and BITUMINOUS CASUALTY CORP., Appellants v. Robert NEWBY and Second Injury Fund, Appellees. , Ark.App., November 11, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F508738]. JOSEPHINE LINKER HART, Judge. Appellants appeal from the Arkansas Workers' Compensation Commission's decision that appellee Robert Newby is entitled to a ten-percent impairment rating to the left upper extremity. Specifically, appellants argue that there is not substantial evidence that the "major cause" of Newby's impairment to his left shoulder was his work-related injury rather than his preexisting arthritic condi... Ronnie Dean DAVIS, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 11, 2009 Appeal from the Jackson County Circuit Court, [No. CR-2008-66]; Harold S. Erwin, Judge. RITA W. GRUBER, Judge. Appellant Ronnie Dean Davis was convicted by a jury of sexual assault in the second degree and sentenced to ten years' imprisonment for engaging in sexual contact with an eleven-year-old girl who was sleeping in the home in which appellant and his girlfriend lived. On appeal, he contends that the trial court erred in denying his motions for directed verdict. We find no error and ... Richard Lea COLVIN, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 11, 2009 Appeal from the Faulkner County Circuit Court [No. CR-2005-845]; David L. Reynolds, Judge. COURTNEY HUDSON HENRY, Judge. A jury in Faulkner County found appellant Richard Lea Colvin guilty of aggravated assault, felony fleeing, driving while intoxicated (second offense), first-degree assault, and resisting arrest. As a consequence, appellant received cumulative sentences totaling twelve years in prison. As his sole point on appeal, appellant contends that the evidence is not sufficient to... Trudy MATLOCK, Appellant v. James MATLOCK, Appellee. , Ark.App., November 11, 2009 Appeal from the Boone County Circuit Court, [No. DR-04-296-3]; John R. Putman, Judge. KAREN R. BAKER, Judge. Appellant Trudy Matlock challenges the trial court's distribution of marital property claiming two points of error: (1) The trial court erred in not distributing the remaining personal property; (2) The trial court abused its discretion in the amount of alimony and the length of the alimony award. The crux of her argument is that the trial court erred in not distributing certain it... Pedro LOPEZ, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 11, 2009 Appeal from the Lonoke County Circuit Court, [No. CR-08-393], Gayle K. Ford, Judge. JOHN B. ROBBINS, Judge. Appellant Pedro Lopez appeals his conviction for possession of a controlled substance (marijuana) with intent to deliver after a bench trial in Lonoke County Circuit Court. Appellant challenges the denial of his motion to suppress the drugs, over one hundred pounds of marijuana concealed in the gas tank of the vehicle he was driving. There was no question that the police officer had... Sherman WATSON, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 11, 2009 Appeal from the Hot Spring County Circuit Court [No. CR-07-278-1], Chris E. Williams, Judge. LARRY D. VAUGHT, Chief Judge. Sherman Watson appeals from his felony theft-of-property conviction after a Hot Spring County jury concluded that he exercised unauthorized control over a thousand dollars' worth of merchandise belonging to the Movie Gallery video store in Malvern, Arkansas. [FN1] On appeal, Watson argues that the trial court erred in its denial of his directed-verdict motion, because... Tim JOHNSON, Appellant v. ARKANSAS STEEL ERECTORS; Commerce and Industry Insurance Company/AIG Claims Service; Erin, Inc., & Robert S. Harris, Jr., Appellees. , Ark.App., November 11, 2009 Appeal from the Arkansas Workers' Compensation Commission [F303473]. DAVID M. GLOVER, Judge. Appellant, Tim Johnson, suffered multiple admittedly compensable injuries on March 27, 2003, when a pendant line on a fifty-ton crane broke, causing a boom to fall on him. He was working for appellee Arkansas Steel Erectors, Inc. (ASE) at the time. He filed a workers' compensation claim against ASE, and is receiving benefits. In addition, he filed a third-party tort claim against appellees Erin, I... Bryan FOSTER, Appellant v. KANN ENTERPRISES and Zurich American Insurance Company, Appellees. , Ark.App., November 11, 2009 An Appeal from the Arkansas Workers' Compensation Commission [No. F704651]. LARRY D. VAUGHT, Chief Judge. In this appeal from an order of the Arkansas Workers' Compensation Commission, appellant Bryan Foster claims that the Commission erred in its refusal to require his employer, appellee Kann Enterprises, to provide additional medical care as recommended by his treating physician. We affirm in part and reverse in part. It is undisputed that Foster sustained a compensable injury on Apr... CURT BEAN TRANSPORT, INC. and Compensation Managers, Inc., Appellants v. Lawrence HILL, Appellee. , Ark.App., November 11, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F802425]. KAREN R. BAKER, Judge. The primary issue in this workers' compensation case is whether the statutory presumption of intoxication found in Ark.Code Ann. § 11-9- 102(4)(B)(iv)(b) (Supp.2009) is raised by a claimant's refusal to take the particular test requested by the employer. The parties do not dispute that appellant, Curt Bean Transport, Inc., requested that appellee, Lawrence Hill, take a hair-follicle test four d... Ayers DRYWALL and Insulation, and AIG Claim Services, Inc., Appellants v. Ronald CAREY, Appellee. , Ark.App., November 11, 2009 Appeal from the Workers' Compensation Commission [No. F608337]. ROBERT J. GLADWIN, Judge. This appeal follows the April 27, 2009 decision of the Workers' Compensation Commission affirming and adopting the November 18, 2008 opinion of the Administrative Law Judge, finding that on July 17, 2006, appellee sustained a compensable injury in the form of a myocardial infarction, or heart attack. Appellants' sole argument on appeal is that the Commission's decision is not supported by substantial... SSI, INC. and Bituminous Insurance Company, Appellants v. George W. CATES, Appellee. , Ark.App., November 11, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F508548]. WAYMOND M. BROWN, Judge. SSI, Inc. and its insurer, Bituminous Insurance Company, appeal from a decision of the Arkansas Workers' Compensation Commission awarding appellee George W. Cates additional medical benefits. Appellants contend that the Commission's determination that appellee is entitled to additional medical treatment is not supported by substantial evidence. We affirm. Appellee was injured on August 8, ... Leonard D. McCRACKEN, Appellant v. Tammy G. McCRACKEN, Appellee. , Ark.App., November 11, 2009 Appeal from the Conway County Circuit Court [No. DR-07-216]; Terry Sullivan, Judge. COURTNEY HUDSON HENRY, Judge. Appellant Leonard McCracken brings this appeal from a decree entered by the Conway County Circuit Court divorcing him from appellee Tammy McCracken. For reversal, appellant contends that the trial court erred in determining that the parties' home and surrounding acreage are marital property. We find no error and affirm. Before the parties' marriage in 1999, appellant inheri... Joseph BEARDEN, Jr., Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, and Minor Child, Appellees. , Ark.App., November 11, 2009 Appeal from the Washington County Circuit Court [No. JV 2008-168-3]; Stacey Zimmerman, Judge. RITA W. GRUBER, Judge. This is a termination-of-parental-rights case. Joseph Bearden, Jr., appeals from the Washington County Circuit Court's termination of his parental rights to his son, T.W., born July 21, 2005. [FN1] The circuit court based its decision on the ground that T.W. had been out of appellant's home for twelve months and, despite a meaningful effort by DHS to rehabilitate appellant,... Karen HARDY, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES, Appellee. , Ark.App., November 11, 2009 Appeal from the Ashley County Circuit Court, [No. JV-2008-135-5], Teresa French, Judge. JOHN B. ROBBINS, Judge. Karen Hardy brings this appeal from the order of the Ashley County Circuit Court in a dependency-neglect matter that ordered no reunification services to Hardy and awarded temporary custody of Hardy's daughter to Hardy's parents. For reversal, Hardy argues that the circuit court erred in sua sponte ordering no reunification services and in awarding custody to her parents when th... M.T., a Minor, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 11, 2009 Appeal from the Craighead County Circuit Court, [No. JV-08-307]; Lee Fergus, Judge. KAREN R. BAKER, Judge. At a bench trial in Craighead County Circuit Court, Juvenile Division, the trial court adjudicated as true one count of battery in the second degree in violation of Arkansas Code Annotated Section 5-13-202, and one count of disorderly conduct in violation of Arkansas Code Annotated Section 5-71-207 for appellant, M.T., a minor. Appellant was sentenced to six months supervised probati... Wilbert L. JOHNSON, Appellant; v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Appeal from Pulaski County Circuit Court, Seventh Division, CR2006-3233; Barry Alan Sims, Judge. Pro Se Motion for Access to Certain Documents; Pro Se Motion for Extension of Time to File Brief. DONALD L. CORBIN, Justice. Appellant Wilbert L. Johnson pleaded guilty in Pulaski County Circuit Court to one count each of theft of property and fleeing. He was sentenced to twenty years' and five years' imprisonment, respectively, with those sentences to run consecutively. [FN1] At issue bef... Efrain VIVEROS, Appellant v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Pro Se Appeal from the Circuit Court of Crawford County, CR 2003-379; Gary R. Cottrell, Judge. PER CURIAM. Appellant Efrain Viveros appealed his judgment of conviction, resulting from a jury trial, on charges of possession of methamphetamine with intent to deliver, possession of drug paraphernalia, and two counts of failure to appear. The Arkansas Court of Appeals affirmed the judgment. Viveros v. State, CACR 06- 173 (Ark.App. Mar. 14, 2007). Appellant timely filed in the trial court a pr... Robert T. MAXWELL a/k/a G-Doffee, Petitioner v. STATE of Arkansas, Respondent. , Ark., November 5, 2009 Pro Se Motion for Reconsideration of Order Denying Petition to Reinvest Jurisdiction in Trial Court to Consider a Petition for Writ of Error Coram Nobis [Circuit Court of Pulaski County, CR 2006-2198]. PER CURIAM. This court denied a pro se petition filed by Robert T. Maxwell, who is also known as G-Doffee, to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis with respect to a judgment of conviction entered against him in 2007. Maxwell v. State,... Willie G. DAVIS, Jr., Petitioner v. Hon. Samuel POPE, Circuit Judge, Respondent. , Ark., November 5, 2009 Pro Se Motion for Rehearing, Pro Se Amended Motion for Reconsideration of Order Denying Motion for Rule on Clerk to File Petition for Writ of Mandamus Without Certified Record, and Pro Se Motion for Appointment of Counsel [Circuit Court of Desha County, CR 95-110]. PER CURIAM. In 2008, petitioner Willie G. Davis, Jr., tendered a pro se petition for writ of mandamus to this court. It was returned to petitioner because it was not accompanied by a certified record of the proceedings in the l... Marlon A. PINEDA, Appellant v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Appellee's Motion to Dismiss Appeal [Circuit Court of Benton County, CR 2005- 824; David S. Clinger, Judge]. PER CURIAM. On October 15, 2007, judgment was entered reflecting that appellant Marlon A. Pineda had entered a plea of guilty to attempted capital murder for which a sentence of 180 month's imprisonment was imposed. On March 2, 2009, appellant filed in the trial court a pro se petition for writ of error in which he contended that the judgment did not accurately reflect the number o... Rodney L. CROSBY, Appellant v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Pro Se Motion for Appointment of Counsel [Circuit Court of Washington County, CR 2008-537; William A. Storey, Judge]. PER CURIAM. In 2008, appellant Rodney L. Crosby entered an unconditional plea of guilty to three counts of first-degree battery and one count of endangering the welfare of a minor. He was sentenced to an aggregate term of 900 months' imprisonment. In 2009, appellant filed in the trial court a pro se petition for writ of error coram nobis. He contended in the petition th... Leslie A. YOUNG, Petitioner v. STATE of Arkansas, Respondent. , Ark., November 5, 2009 Pro Se Motions for Belated Appeal, for Copy or Use of Transcript, and for Appointment of Counsel [Circuit Court of Sharp County, CR 2006-06; Harold S. Erwin, Judge]. PER CURIAM. In 2006, a jury found petitioner Leslie A. Young guilty of capital murder, aggravated robbery, attempted arson, and two counts of theft of property, and sentenced her to an aggregate term of life imprisonment without parole plus 53 years. This court affirmed the judgment in part, but remanded for a new suppression... Walter Anthony WEBB, Petitioner v. STATE of Arkansas, Respondent. , Ark., November 5, 2009 Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition For Writ of Error Coram Nobis [Circuit Court of Greene State of Arkansas County, CR 95-30]. PER CURIAM. In 1995, a jury found petitioner Walter Anthony Webb guilty of two counts of capital murder for causing the deaths of James Graves and Aurora Carney. Petitioner received sentences of life imprisonment without parole and, on appeal, this court affirmed the judgment. Webb v. State, 327 Ark. 51, 938 S.W.3d 8... Albert Lee JOHNSON, Appellant v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Pro Se Motion for Extension of Brief Time [Circuit Court of Pulaski County, CR 2006-3489, CR 2006-3655; Barry A. Sims, Judge]. PER CURIAM. In 2008, appellant Albert Lee Johnson entered an unconditional plea of guilty to eight charges in two criminal cases. He was sentenced as a habitual offender to an aggregate term of 300 months' imprisonment. Subsequently, appellant timely filed in the trial court a verified pro se petition for postconviction relief pursuant to Arkansas Rule of Crimi... Lance Mitchell OWENS, Petitioner v. Hon. John R. SCOTT, Circuit Judge, Respondent. , Ark., November 5, 2009 Pro Se Petition for Writ of Mandamus [Circuit Court of Benton County, CV 2009- 1336]. PER CURIAM. On September 8, 2009, petitioner Lance Mitchell Owens filed the pro se petition for writ of mandamus that is now before us. He contended in the petition that the Honorable John R. Scott, Circuit Judge, had failed to set a hearing on a pro se petition for writ of mandamus that he had filed in the Circuit Court of Benton County on April 30, 2009. On September 16, 2009, Judge Scott filed a re... Wesley Elisha GRISSOM, Appellant v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Pro Se Motion for Extension of Time to File Appellant's Brief [Circuit Court of Lincoln County, LCV 2009-30; Jodi Raines Dennis, Judge]. PER CURIAM. On September 18, 2008, judgment was entered reflecting that appellant Wesley Elisha Grissom had entered a plea of guilty to sexual assault in the first degree for which a sentence of 660 months' imprisonment was imposed. While the transcript of the hearing when appellant entered the plea establishes that appellant was repeatedly informed that... Guy JONES, Appellant, v. J. Eric TURNER and Carco of Arkansas, Inc., Appellees. , Ark., November 5, 2009 Appeal from the Faulkner County Circuit Court, No. CIV-2008-331, Michael A. Maggio, Judge. JIM GUNTER, Justice. Appellant appeals the circuit court's grant of dismissal due to invalid service of process, after appellant served appellees with an unsigned copy of the complaint that was filed with the court. Appellant argues that the circuit court's dismissal was an improper Rule 11 sanction; that Rule 4 has no signature requirement as interpreted by the circuit court; and that the circuit c... Louise DePRIEST, Iva Duncan, Gladys Eaton, Carolyn Knight, Geraldine Harris, Bernice Milam, Wanda Hamilton, Eddie Lou Sanders, and Lisa Sanders, Appellants, v. ASTRAZENECA PHARMACEUTICALS, L.P.; Astrazeneca, PLC; Zeneca, Inc.; and Astrazeneca U.S.,, Ark., November 5, 2009 An Appeal from the Circuit Court of Searcy County, Arkansas, No. CV-04-77, Michael A. Maggio, Circuit Judge. ELANA CUNNINGHAM WILLS, Justice. This appeal arises from a lawsuit filed by nine named plaintiffs (hereinafter "Appellants") against drug manufacturer AstraZeneca Pharmaceuticals, Inc., alleging that AstraZeneca fraudulently marketed its drug Nexium. The Searcy County Circuit Court granted AstraZeneca's motion to dismiss the Appellants' complaint on August 7, 2008. We find no err... Demetrius HEARD, Appellant, v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 An Appeal from the Lonoke County Circuit Court, No. CR 2007-478, Lance L. Harshaw, Circuit Judge. ELANA CUNNINGHAM WILLS, Justice. Demetrius Heard appeals his conviction for aggravated robbery following a bench trial. He asserts that the trial court erred by denying his motion for a directed verdict. We affirm the circuit court and reverse the court of appeals. On October 18, 2007, Lonoke police responded to a 911 call from Tommy Townsend, who alleged that Heard pointed a pistol at him... Gordon Randall GWATHNEY, Appellant, v. STATE of Arkansas, Appellees. , Ark., November 5, 2009 Appeal from the Lee County Circuit Court, No. CR 2007-65; L.T. Simes II, Judge. ANNABELLE CLINTON IMBER, Justice. Appellant Gordon Randall Gwathney was convicted of three counts of murder in the deaths of his estranged wife's mother and grandparents and two counts of attempted murder for the shooting of his estranged wife's brother and an officer. He was sentenced to an aggregate term of life imprisonment without parole plus 40 years. On appeal, Gwathney contends that the circuit court er... In re Don Clayton COOKSEY Surrender of Law License, Arkansas Bar No. 74199. , Ark., November 5, 2009 Petition for Voluntary Surrender of Law License. PER CURIAM. On recommendation of the Supreme Court Committee on Professional Conduct, and in lieu of facing disciplinary proceedings for serious misconduct involving client funds, we hereby accept the voluntary surrender of the law license of Don Clayton Cooksey, Texarkana, Texas, to practice law in the State of Arkansas. The name of Don Clayton Cooksey shall be removed from the registry of attorneys licensed by the State of Arkansas, and h... Ronald J. CAMPBELL, Appellant, v. STATE of Arkansas, Appellee. , Ark., November 5, 2009 Appeal from the Lonoke County Circuit Court, No. CR2006-494 (1-6), John W. Cole, Judge. JIM HANNAH, Chief Justice. Appellant, Ronald Jay Campbell appeals his jury conviction for engaging in a Continuing Criminal Enterprise ("CCE") and his convictions for additional multiple crimes alleged committed through the CCE. We hold that the circuit court erred in failing to grant appellant's motion for a directed verdict based on the State's failure to present substantial evidence to prove the CCE... Kevin KONECNY, Keith Konecny, Kelly Konecny, Appellants v. DWIGHT E. ANDERSON LIVING TRUST, Dwight E. Anderson, Trustee; William Anderson, Appellees. , Ark.App., November 4, 2009 Appeal from the Prairie County Circuit Court, [No. CV-07-52], Bill Mills, Judge. RITA W. GRUBER, Judge. Three brothers, Kevin, Keith, and Kelly Konecny, owned a one-half interest in a seventy-seven-acre tract of land identified as Farm # 1890 as tenants in common with the Dwight Anderson Living Trust, Dwight Anderson, Trustee, which owned the remaining one-half interest. After a dispute developed regarding the lease of part of the property by Dwight Anderson to his son, William Anderson, ... Steven W. LAMB, Appellant v. NORAC COMPANY, INC. and Twin City Fire Insurance Company, Appellees. , Ark.App., November 4, 2009 Appeal from the Arkansas Workers' Compensation Commission [Nos. F513215 & F602788]. M. MICHAEL KINARD, Judge. Appellant, Steven W. Lamb, appeals from a decision of the Arkansas Workers' Compensation Commission finding that he failed to prove that he sustained a compensable injury on or about January 5, 2006, and denying him benefits for said alleged injury. We affirm the decision of the Commission. Appellant sustained a compensable back injury in September 2004 while employed by Norac.... Tonya L. MERRITT, An Incapacitated Person by and Through her Guardian, Brenda HIGGINS, Appellant v. Bob THORNTON, Appellee. , Ark.App., November 4, 2009 Appeal from the Lonoke County Circuit Court, [No. CV-2008-397]; Phillip Whiteaker, Judge. COURTNEY HUDSON HENRY, Judge. Appellant Brenda Higgins, as guardian of the person and estate of Tonya Merritt, appeals the order of the Lonoke County Circuit Court dismissing her complaint against appellee Bob Thornton. For reversal, appellant contends that the trial court erred in ruling that the complaint was barred pursuant to Rule 41(b) of the Arkansas Rules of Civil Procedure. We affirm because ... Deborah D. BERGMAN, Appellant v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES and RANDOLPH COUNTY NURSING HOME, Appellees. , Ark.App., November 4, 2009 Appeal from the Board of Review, [No.2008-BR-1040]. JOSEPHINE LINKER HART, Judge. Deborah D. Bergman appeals the Board of Review's decision to disqualify her from receiving unemployment benefits. On appeal, Bergman argues that she was denied due process because the hearing officer refused to let a character witness testify and limited her cross-examination. She also argues that there was insufficient evidence to support the Board's decision. Because the Board failed to make written findin... Judy CAMPBELL, Appellant v. DEPARTMENT OF WORKFORCE EDUCATION and PUBLIC EMPLOYEE CLAIMS DIVISION, Appellees. , Ark.App., November 4, 2009 Appeal from the Arkansas Workers' Compensation Commission, [NO. F600793]. WAYMOND M. BROWN, Judge. By opinion filed January 26, 2009, the Workers' Compensation Commission found that Judy Campbell was not entitled to additional medical treatment or temporary-total disability compensation for injuries suffered during the course and scope of her employment. She argues that the Commission's opinion is not supported by substantial evidence. Specifically, she contends that the Commission erred ... Shelba McKINNEY and William McKinney, Appellants v. ARKANSAS CARDIOLOGY, P.A., and Gary Collins, M.D., Appellees. , Ark.App., November 4, 2009 Appeal from the Pulaski County Circuit Court, [No. CV2006-11967-3]; James Moody, Jr., Judge. WAYMOND M. BROWN, Judge. Appellants, Shelba and William McKinney, filed this negligence suit against appellees, Arkansas Cardiology, P.A., and Gary Collins, M.D., after Mrs. McKinney fell from a treadmill during a stress test administered by appellees. Prior to trial, the Pulaski County Circuit Court dismissed appellants' suit for failure to obey a discovery order and made an additional ruling gra... Romorious WESTBROOK, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 4, 2009 Appeal from the Crittenden County Circuit Court, [NO. JV-2008-160], Lee Fergus, Judge. JOSEPHINE LINKER HART, Judge. Romorious Westbrook was adjudicated a delinquent juvenile in Crittenden County Circuit Court based upon a finding that he had committed Class B felony residential burglary and Class C felony criminal mischief. He received twenty- four months' supervised juvenile probation and ninety days detention in the Crittenden County Detention Center with forty-five days suspended. He ... Mary Ann KIZER, Appellant v. Dale KIZER and Simmons First National Bank, Appellees. , Ark.App., November 4, 2009 Appeal from the Jefferson County Circuit Court, [No. DR-03-233-4], Leon N. Jamison, Judge. JOHN B. ROBBINS, Judge. Appellant Mary Ann Kizer has taken an appeal from an August 7, 2008, order of the Jefferson County Circuit Court confirming the sale of marital property. The order, entered subsequent to Ms. Kizer's divorce from appellee Dale Kizer, confirmed the sale to appellee Simmons First National Bank for the sum of $155,000.00. Among other things, Ms. Kizer argues that the trial court ... MACK-REYNOLDS APPRAISAL COMPANY, Appellant v. Robert MORTON, Appellee. , Ark.App., November 4, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F709152]. COURTNEY HUDSON HENRY, Judge. Appellant Mack-Reynolds Appraisal Company appeals the decision of the Arkansas Workers' Compensation Commission finding that appellee Robert Morton sustained a work-related injury and awarding him compensation for medical treatment and temporary total disability benefits. For reversal, appellant contends that substantial evidence does not support the Commission's findings that appellee s... Douglas W. KING, Appellant v. CITY OF LITTLE ROCK, Appellee. , Ark.App., November 4, 2009 Appeal from the Workers' Compensation Commission [F505201]. RITA W. GRUBER, Judge. Douglas W. King, a former patrolman for the Little Rock Police Department, appeals the denial of his workers' compensation claim for additional medical treatment and benefits that he contends were related to a compensable injury sustained on December 1, 2004. On that date he was driving his patrol car, was rear-ended, and struck his head against the plexiglass shield behind his seat. The City of Little R... Gary W. PETERS, Appellant v. Toby DOYLE, Appellee. , Ark.App., November 4, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F702813]. JOHN MAUZY PITTMAN, Judge. The appellant appeals from the denial of his claim for workers' compensation benefits for injuries suffered in an automobile accident. The appellee-employer, a bricklayer, regularly picked up appellant and took him as a passenger to the job site. One morning they were involved in an auto accident. They proceeded to work that day, but the following day appellant did not show up for work, ass... Cecil MARTIN and Anita Martin, Appellants v. KAT'S BAR & GRILL, LLC, Appellee. , Ark.App., November 4, 2009 Appeal from the Garland County Circuit Court, [No. CV2008-1027]; David B. Switzer, Judge. KAREN R. BAKER, Judge. Appellants Cecil and Anita Martin challenge the trial court's entry of judgment in favor of appellee Kat's Bar & Grill, LLC, regarding the purchase of real property in Hot Springs, Arkansas, known as Kat's Bar & Grill, asserting two points of error: (1) The trial court erred in granting foreclosure because the appellee set out a course of conduct that constituted a waiver; (2) ... Chris PECK, Appellant v. Wendy PECK (Egerdahl), Appellee. , Ark.App., November 4, 2009 Appeal from the Grant County Circuit Court [No. DR-04-124-1], Chris E. Williams, Judge. M. MICHAEL KINARD, Judge. Appellant, Chris Peck, appeals from the circuit court's denial of his motion for permanent change of custody of his minor daughter. Appellant argues that the circuit court erred in continuing primary physical custody of the child, who was five years old at the time of the hearing on appellant's motion, with appellee because her current husband is a registered sex offender. We ... Quiten L. YOUNG, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 4, 2009 Appeal from the Pulaski County Circuit Court, [No. CR 2008-383]; Marion A. Humphrey, Judge. M. MICHAEL KINARD, Judge. Appellant, Quiten L. Young, is appealing from his convictions following a bench trial in the Pulaski County Circuit Court on charges of possession of a controlled substance with intent to deliver and simultaneous possession of drugs and firearms. On appeal, appellant argues that he was illegally convicted of both offenses when one is a lesser-included offense of the other.... James RICHARDS, Jr., Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 4, 2009 Appeal from the Faulkner County Circuit Court [No. CR-2005-1257], Charles E. Clawson, Jr., Judge. JOHN MAUZY PITTMAN, Judge. Appellant was convicted of being a felon in possession of a firearm that was discovered beneath the blanket of a bed in which appellant was lying when arrested. This appeal challenges the trial court's failure to suppress evidence obtained as the result of the search. This issue is not preserved for appeal because appellant failed to obtain a ruling below, as was hi... Erskin M. WHITNEY, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 4, 2009 Appeal from the Sebastian County Circuit Court, [No. CR-2002-96, CR-2002-138, CR-04-1414, CR-2008-777, CR-2008-855], Stephen Tabor, Judge. JOHN B. ROBBINS, Judge. Appellant Erskin M. Whitney appeals the revocation of multiple suspended impositions of sentence, entered by the Sebastian County Circuit Court after a revocation hearing. [FN1] Appellant was accused of violating the terms of his suspended impositions of sentence by committing second-degree terroristic threatening against Greg G... Steve CRAWFORD, Appellant v. SUPERIOR INDUSTRIES and Crockett Adjustment, Inc., Appellees. , Ark.App., November 4, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F500021]. KAREN R. BAKER, Judge. Appellant, Steve Crawford, appeals a decision by the Workers' Compensation Commission, affirming and adopting the Administrative Law Judge's decision finding that appellant failed to prove by a preponderance of the evidence that he is entitled to additional medical treatment by Dr. Knox or his referrals; that appellant failed to prove by a preponderance of the evidence that he was entitled to a... Michelle Lee INGRAM, Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 4, 2009 Appeal from the Benton County Circuit Court, [No. CR 2004-206-1]; Tom Keith, Judge. M. MICHAEL KINARD, Judge. Michelle Lee Ingram appeals from the revocation of her probation on the underlying charge of forgery in the second degree. Upon revocation, appellant was sentenced to five years' imprisonment. For reversal, appellant argues that her due-process rights were violated at the revocation hearing, that the court failed to place her under oath at the hearing, and that the court erred in ... David HICKEY, Apellant v. GARDISSER CONSTRUCTION, Appellee. , Ark.App., November 4, 2009 Appeal from the Workers' Compensation Commission [No. F609988/F612976]. ROBERT J. GLADWIN, Judge. Appellant David Hickey appeals the April 16, 2009 decision of the Arkansas Workers' Compensation Commission, which found that appellant was not entitled to medical and indemnity benefits for an injury to his right ankle. The Commission affirmed the ALJ's finding of disability related to appellant's wrist injury. Appellant contends that the Commission erred in regard to his ankle injury by fin... Caesar L. CLAY, Jr., Appellant v. STATE of Arkansas, Appellee. , Ark.App., November 4, 2009 Appeal from the Pulaski County Circuit Court, [No. CR07-4284], Barry Sims, Judge. WAYMOND M. BROWN, Judge. A Pulaski County jury found appellant guilty of driving while intoxicated (DWI) on January 7, 2009. This was appellant's fifth DWI conviction within five years of his first DWI. Appellant negotiated a sentence of seven years' imprisonment to be served consecutively to the sentence imposed in CR-07-2598. Appellant argues on appeal that the trial court abused its discretion by permitt... Amanda CULHANE, as Special Administrator of the Estate of Erik D. Culhane, deceased, Appellant v. OXFORD RIDGE, LLC, Landquest Communities of Arkansas, LLC, Daniel H. Lamp, & Professional Painting Services, Inc., Appellees. , Ark.App., November 4, 2009 Appeal from the Benton County Circuit Court [CV-2007-1950-5]; Xollie Duncan, Judge. DAVID M. GLOVER, Judge. This is an appeal from the grant of summary judgment. Appellant Amanda Culhane (Culhane), as the special administrator of the estate of Erik Dean Culhane (Erik), her deceased husband, sued Daniel Lamp for negligence and appellees Landquest Communities of Arkansas, LLC (Landquest) and Oxford Ridge, LLC (Oxford Ridge) for premises liability in Erik's death. Oxford Ridge asserted a thi... Kaedon STEINERT, d/b/a Hurricane Express, Inc., et al., Appellants v. ARKANSAS WORKERS' COMPENSATION COMMISSION, Appellee. , Ark.App., November 4, 2009 An Appeal from the Arkansas Workers' Compensation Commission [No. UE-2007- 1106]. LARRY D. VAUGHT, Chief Judge. Kaedon Steinert and his multiple trucking enterprises are appellants in this case. The Arkansas Workers' Compensation Commission instituted an investigation of two of Steinert's motor-carrier companies after the Commission received an anonymous phone call that the motor carriers were not providing workers' compensation insurance for their truck drivers. As a result, Steinert's t... SUBTEACH USA, Appellant v. DIRECTOR, DEPARTMENT OF WORKFORCE SERVICES, and Lajuanda Coleman, Appellees. , Ark.App., November 4, 2009 Appeal from the Arkansas Board of Review [2008-BR-01101]. KAREN R. BAKER, Judge. SubTeach USA challenges the Department of Workforce Services, the Arkansas Appeal Tribunal, and the Board of Review, all of which found that LaJuanda Coleman was eligible for unemployment benefits. The Board of Review (Board) affirmed the Appeal Tribunal's finding that Coleman did not perform services in an instructional capacity for an education institution in the previous academic term and did not have a re... Thomas J. WATERS, Petitioner v. STATE of Arkansas, Respondent. , Ark., October 29, 2009 Pro So Motion for Belated Appeal [Circuit Court of Faulker County, CR 2005- 115; David L. Reynolds, Judge]. PER CURIAM. In 2007, petitioner Thomas J. Waters entered a plea of guilty to possession of a controlled substance with intent to deliver, possession of a controlled substance in a drug-free zone, and possession of drug paraphernalia. He was sentenced to an aggregate term of 150 months' imprisonment. Petitioner, maintaining that he had entered a conditional plea of guilty, sought ... Charles ALEXANDER/RYAHIM, Appellant v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee. , Ark., October 29, 2009 Pro Se Motions for Appeal to be Heard on Full Record from Trial Court, for Extension of Time to File Reply Brief, and to Strike Appellee's Brief [Circuit Court of Lincoln County, LCV 2008-128; Jodi Raines Dennis, Judge]. PER CURIAM. In 1997, Charles Alexander/Ryahim was convicted of first degree murder and sentenced to life imprisonment. This court affirmed. Alexander v. State, 335 Ark. 131, 983 S.W.2d 110 (1998). Appellant then filed in the trial court a petition for postconviction relie... Rodell AVERY, Jr., Petitioner v. STATE of Arkansas, Respondent. , Ark., October 29, 2009 Pro se Motion for Duplication of Records at Public Expense [Circuit Court of Calhoun County, CR 2002-35, CR 2002-38]. PER CURIAM. In 2003, petitioner Rodell Avery, Jr., was found guilty by a jury of aggravated robbery, three counts of kidnapping, and second-degree escape. He was sentenced as a habitual offender to an aggregate term of 480 months' imprisonment. The Arkansas Court of Appeals affirmed. Avery v. State, 93 Ark.App. 112, 217 S.W.3d 162 (2005). Now before us is petitioner's m... Lavelle EVANS, Petitioner v. STATE of Arkansas, Respondent. , Ark., October 29, 2009 Pro Se Motion for Photocopies at Public Expense [Circuit Court of Union County, CR 2005-226; Hamilton H. Singleton, Judge]. PER CURIAM. In 2006, petitioner Lavelle Evans was found guilty by a jury of possession of methamphetamine with intent to deliver, possession of a firearm by certain persons, simultaneous possession of drugs and firearms, maintaining a drug premise, and possession of marijuana with intent to deliver. He was sentenced as a habitual offender to an aggregate term of 960 ... Joseph ROUNSAVILLE, Appellant, v. STATE of Arkansas, Appellee. , Ark., October 29, 2009 Motion to be Relieved as Attorney for Appellant and Stay Briefing Schedule. PER CURIAM. On June 17, 2009, Thomas B. Devine III, a full-time, state-salaried public defender, was appointed by the trial court to represent Joseph Rounsaville in a Rule 33.3 hearing. An order was filed on August 14, 2009, denying the Rule 33.3 petition. A notice of appeal was filed on August 17, 2009, and the transcribed record has been ordered. Mr. Devine now moves to be relieved as attorney for Rounsaville an... Melvin LOCKHART, III, Appellants, v. STATE of Arkansas, Appellee. , Ark., October 29, 2009 Motion to be Relieved as Attorney for Appellant and Stay Briefing Schedule. PER CURIAM. Julia B. Jackson, a full-time, state-salaried public defender, was appointed by the trial court to represent Melvin Lockhart III in the captioned case. As reflected in the Judgment and Commitment Order entered on April 9, 2009, Lockhart was convicted of capital murder and theft of property and sentenced to life imprisonment without parole plus 180 months, to be served consecutively. A notice of appeal ... Edward LOVELESS, Appellant, v. Roy AGEE, Larry Norris, et al., Appellees. , Ark., October 29, 2009 Appeal from the Jefferson County Circuit Court, No. CV-2007-781-2; Robert H. Wyatt, Jr., Judge. PER CURIAM. Appellant Edward Loveless appeals the circuit court's order dismissing his petition for declaratory judgment and injunctive relief. Because his brief fails to comply with our rules, we order rebriefing. Our addendum rule for incarcerated appellants proceeding pro se provides, in pertinent part: (C) Addendum. The appellant's brief shall contain an Addendum, which consists of ... Christopher BRANNING, Petitioner v. Greg HARMON, Respondent. , Ark., October 29, 2009 Pro Se Motion for Rule On Clerk [Circuit Court of Lee County, CV 2008-160, L.T. Simes II, Judge]. PER CURIAM. In 2008, petitioner Christopher Branning filed a petition for writ of habeas corpus in Lee County Circuit Court, seeking release from incarceration at a unit of the Arkansas Department of Correction located in that county. The circuit court denied the petition by order entered on March 2, 2009. Petitioner timely filed a notice of appeal on April 6, 2009. The record was due to be ... Eric Lavell MURRY, Petitioner v. Hon. Ralph WILSON, Circuit Judge, Respondent. , Ark., October 29, 2009 Pro se Petition for Writ of Mandamus [Circuit Court of Crittenden County, CR 2009-984]. PER CURIAM. Now before us is a pro se petition for writ of mandamus filed here on October 1, 2009, by petitioner Eric Lavell Murry. In the petition he contends that the Honorable Ralph Wilson, Circuit Judge, has failed to act in a timely manner on a pro se petition for writ of habeas corpus filed by petitioner in the Circuit Court of Crittenden County on August 21, 2009. On October 5, 2009, Judge Wi... RICELAND FOODS, INC., Appellant, v. Randy PEARSON, and Carolyn Walker, Co-Trustees of the Moore Inter Vivos Trust, and Bob Burress, Appellees/Cross-Appellants, v. St. Francis County Farmers Association and Riceland Foods, Inc., Cross- Appellees., Ark., October 29, 2009 Appeal from the St. Francis County Circuit Court, No. CV2006-38; Bentley Earl Story, Judge. JIM HANNAH, Chief Justice. This appeal requires us to consider whether, pursuant to Arkansas's landlord- lien statute, Arkansas Code Annotated section 18-41-101 (Repl.2003), a purchaser of crops has a duty to make a reasonable investigation or inquiry as to whether the seller of crops is a tenant or owner of the farmland on which the crops were produced. The cross-appeal concerns attorneys' fees an... Virginia KOWALSKI, Individually and as Special Administratrix of the Estate of Kevin Allen Curry, Deceased, and on Behalf of the Statutory Beneficiaries of the Estate of Kevin Allen Curry, Appellant, v. ROSE DRUGS OF DARDANELLE, INC. and Randeep Ma, Ark., October 29, 2009 Appeal from the Yell County Circuit Court, No. CV-2007-78, Terry Sullivan, Judge. PAUL E. DANIELSON, Justice. Appellant Virginia Kowalski, individually and as special administratrix of the Estate of Kevin Allen Curry, Deceased, and on behalf of the statutory beneficiaries of the Estate of Kevin Allen Curry ("the Estate"), appeals from the circuit court's order granting summary judgment to appellee Rose Drugs of Dardanelle, Inc. Its sole point on appeal is that the circuit court erred in c... Derrick DISHMAN, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Pulaski County Circuit Court, [No. CR 07-3829], Willard Proctor, Jr., Judge. COURTNEY HUDSON HENRY, Judge. After a bench trial, the Circuit Court of Pulaski County found appellant Derrick Dishman guilty of second-degree murder and fixed his sentence at twenty years in prison. For reversal, appellant contends that the trial court's finding of guilt is not supported by the evidence. We hold that substantial evidence supports the trial court's decision, and we therefore affir... R.A.S., Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Benton County Circuit Court, [No. CR-2008-337 (D) ]; Jay T. Finch, Judge. D.P. MARSHALL JR., Judge. The Benton County prosecutor charged R.A.S., along with six others, with aggravated robbery, kidnapping, criminal use of a prohibited weapon, and fleeing. R.A.S. was seventeen when he allegedly committed these crimes. R.A.S. moved to transfer his case to the juvenile division of the circuit court. The circuit court held a hearing and then denied R.A.S.'s motion. R.A.S. appea... Hlamba BELL, Appellant v. ARKANSAS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellee. , Ark.App., October 28, 2009 Appeal from the Pulaski County Circuit Court, [No. JN2007-2138]; Wiley A. Branton, Jr., Judge. KAREN R. BAKER, Judge. The Pulaski County Circuit Court terminated Hlamba Bell's parental rights to D.B. (born May 18, 1997); K.H. (born November 17, 1998); R.V. (born December 1, 2001); and D.B. (born November 23, 2004). Bell's attorney has filed a motion to withdraw and a no-merit brief pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), and... Neal HOLLINGSWORTH, Appellant v. Courtney HOLLINGSWORTH, Appellee. , Ark.App., October 28, 2009 Appeal from the Washington County Circuit Court, [No. DR-08-1151-5]; Gary L. Carson, Judge. JOHN B. ROBBINS, Judge. Appellant Neal Hollingsworth appeals from the trial court's order denying his petition for grandparental visitation rights. Because Mr. HoUingsworth has submitted a brief without a proper addendum in violation of Arkansas Supreme Court Rule 4-2(a)(8), we order rebriefing. Rule 4-2(a)(8) provides, in pertinent part: Following the signature and certificate of service, t... Felipe Nevarez IBARRA, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Washington County Circuit Court, [No. CR 2008-49-1]; William A. Storey, Judge. M. MICHAEL KINARD, Judge. A Washington County jury found appellant, Felipe Nevarez Ibarra, guilty of two counts of delivery of a controlled substance (ecstasy), possession of a controlled substance with intent to deliver (ecstasy), and simultaneous possession of drugs and firearms. He was sentenced to a total of forty-five years' imprisonment in the Department of Correction. Appellant challenge... Joe Anthony SIMMONS, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Washington County Circuit Court, [Nos. CR2007-2359-1, CR2008-92-1], William A. Storey, Judge. JOHN B. ROBBINS, Judge. Appellant Joe Anthony Simmons appeals his convictions for drug-related offenses following a jury trial in Washington County Circuit Court. Appellant asserts three points on appeal: (1) that there was insufficient evidence to convict him of the drug and paraphernalia offenses; (2) that the trial court clearly erred in not suppressing the evidence gleaned fro... Blake Dowell McKENZIE, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Carroll County Circuit Court, [No. CR-08-21-WD]; Alan D. Epley, Judge. D.P. MARSHALL JR., Judge. Did the circuit court have jurisdiction over Blake McKenzie's criminal appeal from district court? Several months ago, we ordered a supplemental record and rebriefing to help us answer this question. McKenzie v. State, 2009 Ark.App. 485 (unpublished). The State--in light of the expanded record-- confesses error and agrees with McKenzie's argument that we should reverse the circ... Souvanny MINGBOUPHA, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Sebastian County Circuit Court, [No. CR-08-234]; Stephen Tabor, Judge. RITA W. GRUBER, Judge. Souvanny Mingboupha was charged by felony information with rape allegedly committed in the time period from August 1, 2007, through January 4, 2008, in the house in Fort Smith he shared with his girlfriend and members of both families. The victim was his then-girlfriend's daughter, who was nine and ten years old when the acts occurred. Mingboupha was found guilty by a jury and was... Theotrice MITCHELL, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Pulaski County Circuit Court, First Division [CR-2008-1312], Marion A. Humphrey, Judge. DAVID M. GLOVER, Judge. Appellant, Theotrice Mitchell, was convicted in a bench trial in Pulaski County Circuit Court of the offenses of possession of cocaine with intent to deliver, possession of marijuana with intent to deliver, possession of drug paraphernalia, and maintaining a drug premises. He was sentenced to a total of ten years' imprisonment, with the recommendation of boot ca... Routy ABERNATHY, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Sebastian County Circuit Court [No. CR-2007-135G]; James O. Cox, Judge. JOSEPHINE LINKER HART, Judge. A jury found appellant, Routy Abernathy, guilty of two counts of rape. On appeal, appellant challenges the sufficiency of the evidence to support the convictions. We hold that the evidence is sufficient to support the convictions. Further, appellant argues that, for three reasons, the "pedophile exception" to Rule 404(b) of the Arkansas Rules of Evidence is unconstitutiona... Bobby J. MAY, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal fRom the Sebastian County Circuit Court, [No. CR-1198-470]; James O. Cox, Judge. ROBERT J. GLADWIN, Judge. Appellant Bobby J. May appeals the revocation of his suspended imposition of sentence, for which he was sentenced to a term of imprisonment of three years in the Arkansas Department of Correction and an additional ten years suspended. On appeal, he challenges the sufficiency of the evidence. We affirm. On October 12, 1998, appellant pleaded guilty to delivery of cocaine. He... James HERRINGTON, et al., Appellants v. FORD MOTOR CO., INC., Appellee. , Ark.App., October 28, 2009 Appeal from the Washington County Circuit Court, [No. CV04-1313-2]; Kim M. Smith, Judge. M. MICHAEL KINARD, Judge. This case arises from a 2003 roll-over accident involving a Ford van. The twelve appellants herein sued Ford, alleging that they, their decedents, or their minor children sustained injuries as the result of Ford's defective design and testing of the van. A jury found in favor of Ford, after which appellants filed a motion for a new trial. The circuit court denied the motion, ... J.S., a Minor, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Benton County Circuit Court, [No. CR-08-337-A]; Jay T. Finch, Judge. RITA W. GRUBER, Judge. J.S. was charged in the Benton County Circuit Court with aggravated robbery, felony kidnapping, felony fleeing on foot with serious physical injury, and criminal use of a prohibited weapon. J .S. was sixteen at the time of the alleged crimes. The charges stem from an incident in which appellant and six other teenagers allegedly robbed a Wendy's restaurant in Rogers while under the i... Colten COCKRELL, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Pulaski County Circuit Court [No. CR 2008-1292], Christopher Charles Piazza, Judge. LARRY D. VAUGHT, Chief Judge. Appellant Colten Cockrell was convicted by the Pulaski County Circuit Court of possession of a controlled substance (two counts), possession of drug paraphernalia, and carrying a weapon. He was sentenced to five years' probation. On appeal he argues that the trial court erred in (1) denying his motions for directed verdict because there was insufficient eviden... Tyrice BRADLEY, Appellant v. STATE of Arkansas, Appellee. , Ark.App., October 28, 2009 Appeal from the Monroe County Circuit Court, [No. CR-07-133]; L.T. Simes, Judge. COURTNEY HUDSON HENRY, Judge. After a bench trial, the Monroe County Circuit Court found appellant Tyrice Bradley guilty of second-degree murder and first-degree battery and sentenced him to concurrent terms of twenty years in prison. Appellant raises four issues for reversal of his convictions. He contends that the trial court (1) erred by failing to require the prosecutor to disclose the identity of a confi... Steven W. PIPER, Appellant v. POTLATCH FEDERAL CREDIT UNION, Appellee. , Ark.App., October 28, 2009 Appeal from the Drew County Circuit Court [No. CV-08-173-4], Don Glover, Judge. LARRY D. VAUGHT, Chief Judge. Appellant Steven Piper appeals the order of the Drew County Circuit Court granting appellee Potlatch Federal Credit Union's motion to dismiss his district-court appeal in a civil case. Piper argues that the circuit court erred when it failed to grant his motion to vacate the default judgment entered against him by the district court because that court was without subject-matter ju... UNITED FARMS, INC. and Ag-Comp SIF, Appellants v. Jessie GIST, Appellee. , Ark.App., October 28, 2009 Appeal from the Arkansas Workers' Compensation Commission [No. F704097]. WAYMOND M. BROWN, Judge. On February 27, 2009, the Workers' Compensation Commission found that Jessie Gist suffered a compensable injury, that he was entitled to five-percent permanent impairment, and that he was temporarily totally disabled from March 29 through July 28, 2007. Gist's employer, United Farms, Inc., and its carrier, Ag-Comp SIF (collectively "United Farms"), appeal from that decision. First, they argue... Brandi FLOWERS, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES AND MINOR CHILD, Appellees. , Ark.App., October 28, 2009 Appeal from the Pulaski County Circuit Court [No. JN-07-1985]; Wiley A. Branton, Jr., Judge. ROBERT J. GLADWIN, Judge. This is a termination-of-parental-rights appeal brought by Brandi Flowers, with whom DHS has been involved since November 2004. On March 20, 2009, the Pulaski County Circuit Court terminated her parental rights to M.C., born December 6, 2006. Appellant's attorney has filed a motion to withdraw pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 13... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com