Arkansas Supreme Court Decisions 2012

Falcon Cable Media LP v. Ark. Pub. Serv. Comm'n (Majority)  
Date: December 13, 2012
Citation: 2012 Ark. 463
Docket Number: 11-1168

Justia Opinion Summary: Appellants in this case were three companies engaged in providing cable-television services to subscribers (collectively, "Charter"). In a consolidated petition for review, Charter challenged the Tax Division of Appellee...

LVNV Funding, LLC v. Nardi (Majority)  
Date: December 13, 2012
Citation: 2012 Ark. 460
Docket Number: 11-1308

Justia Opinion Summary: LVNV Funding, LLC filed a complaint against Rae Nardi for an amount due on her credit card account with Citibank. LVNV claimed, as an assignee, it had a contractual relationship between Nardi and Citibank and a cause of...

ProAssurance Indem. Co. v. Metheny (Majority, with Concurring)  
Date: December 13, 2012
Citation: 2012 Ark. 461
Docket Number: 11-823

Justia Opinion Summary: When Cody Metheny underwent brain surgery, the physician (Doctor) mistakenly operated on the wrong side of his brain. Fifteen months later, Cody's parents (the Methenys) learned tissue had been removed from the wrong sid...

Khabir v. Hobbs (Per Curiam)  
Date: December 13, 2012
Citation: 2012 Ark. 466
Docket Number: 12-401

Justia Opinion Summary: Appellant was convicted of delivery of a controlled substance and sentenced to an enhanced sentence of forty years' imprisonment and a fine. The Supreme Court affirmed on appeal. Appellant subsequently filed a petition f...

In Re State Bd. of Law Exam'rs (Per Curiam)
Date: December 13, 2012
Citation: 2012 Ark. 467
In re Admin. Order Nos. 14 & 18 (Per Curiam)
Date: December 13, 2012
Citation: 2012 Ark. 468
Sparks v. State (Per Curiam)  
Date: December 13, 2012
Citation: 2012 Ark. 464
Docket Number: CACR05-600

Justia Opinion Summary: Petitioner was convicted of three counts of rape and three counts of terroristic threatening. The convictions were affirmed on direct appeal. Petitioner subsequently filed a petition for postconviction relief, which was...

McDaniels v. State (Per Curiam)  
Date: December 13, 2012
Citation: 2012 Ark. 465
Docket Number: CACR11-350

Justia Opinion Summary: Petitioner was convicted of two counts of rape and sentenced to an aggregate sentence of 480 months' imprisonment. The court of appeals affirmed. Petitioner subsequently filed a pro se petition to reinvest jurisdiction i...

Riley v. State (Majority, with Dissenting)  
Date: December 13, 2012
Citation: 2012 Ark. 462
Docket Number: CR11-1282

Justia Opinion Summary: Appellant was convicted of rape and sentenced to 300 months' imprisonment. The Supreme Court affirmed Appellant's conviction and sentence, holding that the circuit court did not err in (1) denying Appellant's motion in l...

Kelley v. Hobbs (Per Curiam)
Date: December 6, 2012
Citation: 2012 Ark. 456
Docket Number: 10-127
McCutchen v. City of Fort Smith (Majority)  
Date: December 6, 2012
Citation: 2012 Ark. 452
Docket Number: 11-1086

Justia Opinion Summary: This case involved provisions of the Arkansas Freedom of Information Act (FOIA). The circuit court dismissed Appellant's complaint against Appellees, the city, the city administrator, and members of the board of director...

Tait v. Cmty. First Trust Co. (Majority)  
Date: December 6, 2012
Citation: 2012 Ark. 455
Docket Number: 12-406

Justia Opinion Summary: Trustee filed a petition to construe an inter vivos trust, taking the position that the interests of the deceased beneficiaries lapsed because they predeceased the surviving settlor and that Appellants, descendants of th...

Mancia v. Ark. Dep't of Human Servs. (Per Curiam)  
Date: December 6, 2012
Citation: 2012 Ark. 457
Docket Number: 12-947

Justia Opinion Summary: After Appellant's parental rights were terminated, Appellant timely filed a notice of appeal. The record was untimely tendered to the Supreme Court's clerk, however. Appellant subsequently filed a motion for rule on cler...

In re Supreme Court Committee on Child Support (Per Curiam)
Date: December 6, 2012
Citation: 2012 Ark. 459
Sims v. State (Per Curiam)  
Date: December 6, 2012
Citation: 2012 Ark. 458
Docket Number: CACR08-616

Justia Opinion Summary: After a jury trial, Petitioner was found guilty of first-degree murder and sentenced to 600 months' imprisonment. The judgment was affirmed on direct appeal. Petitioner then sought postconviction relief in the trial cour...

State v. Jones (Majority)  
Date: December 6, 2012
Citation: 2012 Ark. 454
Docket Number: CR12-412

Justia Opinion Summary: Appellee's husband, a parolee, resided with Appellee. After a parole agent determined that a parole search of the residence was warranted, the parole officer and other police officers searched the residence. Appellee was...

State v. Myers (Majority)  
Date: December 6, 2012
Citation: 2012 Ark. 453
Docket Number: CR12-413

Justia Opinion Summary: Appellee was charged with felony possession of drug paraphernalia and misdemeanor possession of a controlled substance. The charges stemmed from a probationary search of the bedroom he rented and sometimes shared with hi...

Ligon v. Davis (Majority)
Date: November 29, 2012
Citation: 2012 Ark. 440
Docket Number: 05-501
Smith v. Rebsamen Med. Ctr., Inc. (Majority)  
Date: November 29, 2012
Citation: 2012 Ark. 441
Docket Number: 11-1266

Justia Opinion Summary: Mark Smith died after he was taken to the emergency room at Rebsamen Medical Center. Appellants sought to be appointed as co-special administrators of Smith's estate and then filed the instant wrongful-death action. Howe...

Kimbrell v. McCleskey (Majority, with Dissenting)  
Date: November 29, 2012
Citation: 2012 Ark. 443
Docket Number: 11-1289

Justia Opinion Summary: This appeal stemmed from issues involving the school-funding system and the disbursement of uniform rate of tax (URT) revenues to Arkansas's public-school districts. Appellees, school districts and their taxpayers ("Scho...

Whitbeck v. Bradford (Majority)  
Date: November 29, 2012
Citation: 2012 Ark. 439
Docket Number: 11-961

Justia Opinion Summary: This matter began when the state insurance commissioner filed a petition for receivership against Signature Life Insurance Company of America, which had become insolvent. The commissioner was appointed receiver and began...

City of Rockport v. City of Malvern (Majority)  
Date: November 29, 2012
Citation: 2012 Ark. 445
Docket Number: 12-336

Justia Opinion Summary: This case involved the contest of several detachments and annexations of land from the city of Rockport to the city of Malvern. Rockpot contested the annexations. The circuit court granted Malvern's motion to dismiss, fi...

Girley v. Hobbs (Per Curiam)  
Date: November 29, 2012
Citation: 2012 Ark. 447
Docket Number: 12-797

Justia Opinion Summary: Appellant was found guilty of rape by a jury in the circuit court and was sentenced to 300 months' imprisonment. The court of appeals affirmed as modified. Appellant's subsequent petition for postconviction relief was de...

In re Sup. Ct. Comm. on Prof'l Conduct (Per Curiam)
Date: November 29, 2012
Citation: 2012 Ark. 448
Stewart v. State (Majority)  
Date: November 29, 2012
Citation: 2012 Ark. 444
Docket Number: CR12-441

Justia Opinion Summary: Appellant was convicted by a circuit court jury of one count of rape and one count of second-degree sexual assault. Appellant was sentenced to life imprisonment, an additional eighteen years, and $10,000 fine. Appellant...

Crouse v. State (Majority)  
Date: November 29, 2012
Citation: 2012 Ark. 442
Docket Number: CR12-63

Justia Opinion Summary: Appellant was convicted for possession with intent to sell/deliver and sentenced to 144 months' imprisonment. The court of appeals reversed and remanded the matter, holding that Appellant's original sentence to probation...

Fritts v. State (Per Curiam)
Date: November 29, 2012
Citation: 2012 Ark. 446
Docket Number: CR12-933
Chase Bank USA N.A. v. Dyke Henry Goldsholl & Winzerling PLC (Majority)
Date: November 19, 2012
Citation: 2012 Ark. 437
Docket Number: 11-900
Regions Bank N.A. v. Chase Bank USA N.A. (Majority)
Date: November 19, 2012
Citation: 2012 Ark. 438
Docket Number: 12-41
Kelley v. Hobbs (Per Curiam)
Date: November 15, 2012
Citation: 2012 Ark. 432
Docket Number: 10-127
Blake v. Shellstrom (Majority)  
Date: November 15, 2012
Citation: 2012 Ark. 428
Docket Number: 12-36

Justia Opinion Summary: This case arose out of a personal-injury action brought by Appellant against Appellees, an insurance company and two people who were involved with Appellant in a three-vehicle automobile accident. The jury returned a ver...

McWilliams v. Pope County Bd. of Equalization (Majority)  
Date: November 15, 2012
Citation: 2012 Ark. 427
Docket Number: 12-385

Justia Opinion Summary: This was an appeal from a circuit court judgment affirming the classification of real property for tax purposes. The Supreme Court affirmed, holding (1) the circuit court correctly found that the Arkansas Constitution an...

Ligon v. Shahan (Per Curiam)
Date: November 15, 2012
Citation: 2012 Ark. 433
Docket Number: 12-799
Hall v. Hall (Majority)  
Date: November 15, 2012
Citation: 2012 Ark. 429
Docket Number: 12-89

Justia Opinion Summary: This case began as a divorce action. The circuit court ordered Husband to pay Wife a judgment, and in compliance with that order, Husband paid Wife approximately forty percent of the total judgment entered against him. T...

Watson v. State (Majority)  
Date: November 15, 2012
Citation: 2012 Ark. 430
Docket Number: CR12-304

Justia Opinion Summary: Appellant appealed an order of the circuit court convicting him of capital murder and sentencing him to life imprisonment without parole. For reversal, Appellant argued that the circuit court erred in denying his motion...

Glaze v. Reynolds (Per Curiam)
Date: November 15, 2012
Citation: 2012 Ark. 434
Docket Number: CR12-433
Russell v. State (Per Curiam)
Date: November 15, 2012
Citation: 2012 Ark. 431
Docket Number: CR12-475
Muccio v. Hunt (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 416
Docket Number: 11-1273

Justia Opinion Summary: Appellants filed a complaint against Appellees asserting claims for conspiracy, fraud, and violating the Arkansas Deceptive Trade Practices Act after Appellees took control of a biotech company and bought out the former...

Brown v. Lee (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 417
Docket Number: 12-106

Justia Opinion Summary: Appellant was involved in an automobile accident with Appellee. After litigation involving Appellant, Appellee, Appellant's insurance carrier, and Appellee's insurer, the circuit court found that Appellant was entitled t...

Walls v. Ark. Oil & Gas Comm'n (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 418
Docket Number: 12-146

Justia Opinion Summary: Appellants appealed form the decision of the circuit court, which upheld an order of the Arkansas Oil and Gas Commission granting relief to SEECO, Inc. in connection with a proposed drilling and production unit. The cour...

Benefit Bank v. Rogers (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 419
Docket Number: 12-163

Justia Opinion Summary: Appellant Benefit Bank appealed from the circuit court's order finding that the mortgage it held to certain property was second and subordinate to the interest of Appellee Marilyn Rogers obtained in her divorce. Appellan...

Harrell v. State (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 421
Docket Number: 12-176

Justia Opinion Summary: In 1992, Appellant was convicted of indecency with a child and placed on ten years probation. After he relocated to Arkansas in 2007, Appellant was required to register as a sex offender. Appellant complied with this req...

40 Retail Corp. v. City of Clarksville (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 422
Docket Number: 12-276

Justia Opinion Summary: Appellant operated a sexually oriented business. Three weeks after the store's opening, the City Council enacted an ordinance establishing licensing requirements and regulations for sexually oriented businesses. Once a t...

In re Retirement of Justice Robert L. Brown (Per Curiam)
Date: November 8, 2012
Citation: 2012 Ark. 425
In re Retirement of Justice James H. Gunter Jr. (Per Curiam)
Date: November 8, 2012
Citation: 2012 Ark. 426
Conway v. State (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 420
Docket Number: CR11-1270

Justia Opinion Summary: Appellant was convicted by a circuit court jury of five counts of capital murder, two counts of aggravated residential burglary, and four counts of theft of property. Appellant was sentenced to five terms of life impriso...

Neely v. State (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 423
Docket Number: CR12-08

Justia Opinion Summary: Petitioner was convicted for criminal offenses and incarcerated. Petitioner later filed three petitions for postconviction relief, which were denied by the circuit court. Petitioner did not timely file a notice of appeal...

Owens v. State (Majority)  
Date: November 8, 2012
Citation: 2012 Ark. 424
Docket Number: CR12-884

Justia Opinion Summary: Judgment was entered reflecting that Petitioner had entered a plea of guilty to three felony offenses. Petitioner subsequently filed a motion seeking leave to proceed with a belated appeal, contending that she was misled...

Baylark v. Helena Reg'l Med. Ctr. (Majority)  
Date: November 1, 2012
Citation: 2012 Ark. 405
Docket Number: 11-1192

Justia Opinion Summary: After Appellant was treated for injuries at a medical center, Appellant filed a complaint against the Center, Phillips Hospital Corporation, and Exigence, LLC, alleging causes of action for negligence, breach of contract...

Pearson v. Worksource (Majority)  
Date: November 1, 2012
Citation: 2012 Ark. 406
Docket Number: 11-1295

Justia Opinion Summary: In this workers' compensation case, Employee filed a claim for benefits after receiving an injury to his left great toe. An ALJ found that Employee had sustained a compensable injury to his left great toe, either as an a...

HPD LLC v. TETRA Techs., Inc. (Majority)  
Date: November 1, 2012
Citation: 2012 Ark. 408
Docket Number: 11-1299

Justia Opinion Summary: HPD, LLC and TETRA Technologies Inc. entered into an agreement for HPD to supply equipment to be used in TETRA's future facility. The contract contained a provision for binding arbitration. After the construction of the...

In re Stevens (Majority)
Date: November 1, 2012
Citation: 2012 Ark. 410
Docket Number: 12-904
In re Sup. Ct. Comm. on Automation
Date: November 1, 2012
Citation: 2012 Ark. 414
Chambers v. State (Majority, with Concurring)  
Date: November 1, 2012
Citation: 2012 Ark. 407
Docket Number: CR12-538

Justia Opinion Summary: Appellant was convicted of driving while intoxicated (DWI) and following too close. Appellant appealed his conviction for DWI, arguing that the circuit court erred in allowing testimony regarding the administration and r...

Tolefree v. State (Majority)  
Date: November 1, 2012
Citation: 2012 Ark. 411
Docket Number: CR12-812

Justia Opinion Summary: Petitioner entered a plea of guilty to aggravated assault and possession of a firearm by a certain person. He was sentenced as a habitual offender to an aggregate term of 360 months' imprisonment. Petitioner then filed a...

Crain v. State (Majority)  
Date: November 1, 2012
Citation: 2012 Ark. 412
Docket Number: CR12-831

Justia Opinion Summary: Petitioner was found guilty by a jury of aggravated robbery and theft of property with a sentence enhancement for use of a firearm in commission of the offenses. The court of appeals affirmed. Subsequently, Petitioner ti...

State v. Williams (Majority)
Date: November 1, 2012
Citation: 2012 Ark. 409
Docket Number: CR12-861
Paige v. State (Majority)
Date: November 1, 2012
Citation: 2012 Ark. 413
Docket Number: CR12-869
Kelley v. Hobbs (Majority)
Date: October 25, 2012
Citation: 2012 Ark. 402
Docket Number: 10-127
Smith v. State (Majority)  
Date: October 25, 2012
Citation: 2012 Ark. 403
Docket Number: CACR02-228

Justia Opinion Summary: Petitioner was found guilty by a jury of two counts of rape for engaging in sexual intercourse with his girlfriend's daughters when they were both under the age of fourteen. After the judgment was affirmed, Petitioner's...

Lee v. State (Majority)  
Date: October 25, 2012
Citation: 2012 Ark. 401
Docket Number: CR11-852

Justia Opinion Summary: Appellant was convicted in 2006 of possession of drug paraphernalia with intent to manufacture methamphetamine. In 2011, Appellant filed a petition for writ of error coram nobis and an amended petition, alleging that the...

Brown v. State (Majority)  
Date: October 25, 2012
Citation: 2012 Ark. 399
Docket Number: CR12-182

Justia Opinion Summary: After a jury trial, Appellant was convicted of the rape of B.B., his minor stepdaughter, and sentenced to a term of imprisonment for life. Appellant appealed, arguing that the circuit court erred in (1) denying his motio...

Arnold v. State (Majority)  
Date: October 25, 2012
Citation: 2012 Ark. 400
Docket Number: CR12-378

Justia Opinion Summary: Appellant appealed from a circuit court order reflecting his convictions for capital murder and aggravated robbery and his sentence to life imprisonment without parole. Appellant's sole assertion on appeal was that the c...

Winnett v. State (Majority)  
Date: October 25, 2012
Citation: 2012 Ark. 404
Docket Number: CR12-642

Justia Opinion Summary: Appellant pled guilty to rape in 2007 and was sentenced to 240 months' incarceration. In 2012, Appellant filed a pleading that he captioned, "Motion/Petition to Vacate and/or Modifier Plus Correct The Judgment Pursuant t...

Gordon v. State (Majority)  
Date: October 25, 2012
Citation: 2012 Ark. 398
Docket Number: CR2011-24

Justia Opinion Summary: Appellant was convicted of first-degree murder and sentenced to a term of life imprisonment plus fifteen years. On appeal, Appellant argued that the circuit court abused its discretion (1) in admitting evidence of a jail...

Coker v. Coker (Majority, with Concurring and Dissenting)  
Date: October 11, 2012
Citation: 2012 Ark. 383
Docket Number: 11-1257

Justia Opinion Summary: Clayton Coker appealed a divorce decree entered in the circuit court, asserting (1) the circuit court committed clear error in granting Samantha Hess-Coker a divorce based on the ground of indignities, and (2) the circui...

Pepper v. Garrett (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 389
Docket Number: 12-102

Justia Opinion Summary: Following her resignation as a dental assistant in the dental office of Appellee, Appellant sued Appellee for sexual harassment and outrage. On remand, the circuit court granted Appellee's motion for partial summary judg...

City of Marion v. City of West Memphis (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 384
Docket Number: 12-203

Justia Opinion Summary: The City of West Memphis passed an ordinance providing for a special election to vote for the annexation of 5700 acres to West Memphis. Meanwhile, property owners of 2340 acres within the same 5700 acres petitioned the c...

Voltage Vehicles v. Ark. Motor Vehicle Comm'n (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 386
Docket Number: 12-211

Justia Opinion Summary: Appellant Voltage Vehicles appealed an order of the Arkansas Motor Vehicle Commission directing Voltage to repurchase six 2008 electric vehicles from two Arkansas dealers (collectively referred to as "Rainbow"). The orde...

Harrill & Sutter P.L.L.C. v. Kosin (Majority, with Concurring and Dissenting)  
Date: October 11, 2012
Citation: 2012 Ark. 385
Docket Number: 12-51

Justia Opinion Summary: At issue in the underlying case was the discharge of by Defendant of the law firm Harrill & Sutter and what attorneys' fees were owed following that discharge. The circuit court ruled that Defendant discharged Harrill fo...

Lambert v. LQ Mgmt. L.L.C. (Majority)
Date: October 11, 2012
Citation: 2012 Ark. 391
Docket Number: 12-835
Winbush v. State (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 392
Docket Number: CACR02-864

Justia Opinion Summary: Petitioner Jason Winbush was found guilty by a jury of murder in the first degree and sentenced to 540 months' imprisonment. The court of appeals affirmed. Petitioner subsequently filed a pro se petition to reinvest juri...

Rodriguez v. State (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 393
Docket Number: CR07-738

Justia Opinion Summary: Petitioner was found guilty by a jury of murder in the first degree in the stabbing death of Gabino Mendoza. Petitioner was sentenced to life imprisonment. The Supreme Court affirmed. Petitioner subsequently filed a peti...

Huff v. State (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 388
Docket Number: CR11-1071

Justia Opinion Summary: A jury convicted Appellant of aggravated residential burglary, aggravated robbery, kidnapping, terroristic threatening in the first degree, and battery in the second degree. Appellant appealed, arguing that the trial cou...

Craigg v. State (Majority, with Concurring)  
Date: October 11, 2012
Citation: 2012 Ark. 387
Docket Number: CR12-128

Justia Opinion Summary: A jury convicted Appellant of rape and sentenced him to life in prison without the possibility of parole. On appeal, Appellant argued that the trial judge erred by allowing the introduction of a prior offense into eviden...

Watson v. State (Majority)
Date: October 11, 2012
Citation: 2012 Ark. 390
Docket Number: CR12-304
Bates v. State (Majority)  
Date: October 11, 2012
Citation: 2012 Ark. 394
Docket Number: CR12-793

Justia Opinion Summary: In 2009, judgment was entered reflecting that Petitioner had been found guilty of multiple felony offenses. He was sentenced as a habitual offender to an aggregate term of 504 months' imprisonment. The court of appeals a...

DIRECTV, Inc. v. Murray (Majority, with Dissenting)  
Date: October 4, 2012
Citation: 2012 Ark. 366
Docket Number: 11-1061

Justia Opinion Summary: Appellee initiated this putative class-action lawsuit against DIRECTV, seeking damages for herself individually and on behalf of other former DIRECTV subscribers who paid an early cancellation fee to DIRECTV after they t...

Cannady v. St. Vincent Infirmary Med. Ctr. (Majority, with Concurring)  
Date: October 4, 2012
Citation: 2012 Ark. 369
Docket Number: 11-1298

Justia Opinion Summary: Appellant, individually and as the administratrix of the Estate of Anne Pressley, filed a complaint against Appellees, a medical center (the Center) and three individuals associated with the Center, alleging claims of in...

Lucas v. Jones (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 365
Docket Number: 12-133

Justia Opinion Summary: Appellant appealed the decree entered by the circuit court granting the petition of Appellees, Appellant's parents, to adopt Appellant's daughter. On appeal, Appellant contended that the circuit court erred in denying he...

Fuller v. State (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 376
Docket Number: 12-604

Justia Opinion Summary: In 1982, Appellant was found guilty by a jury of murder in the first degree and sentenced to life imprisonment. The Supreme Court affirmed. In 2012, Appellant filed a pro se petition for writ of habeas corpus, contending...

Todd v. Martin (Majority)
Date: October 4, 2012
Citation: 2012 Ark. 367
Docket Number: 12-713
Judicial Discipline & Disability Comm'n v. Pope (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 373
Docket Number: 12-763

Justia Opinion Summary: The Arkansas Judicial Discipline and Disability Commission recommended that the Supreme Court suspend Circuit Judge Sam Pope from his duties for thirty days without pay, basing its recommendation on its conclusions that...

Walmsley v. Todd (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 370
Docket Number: 12-798

Justia Opinion Summary: Intervenors were sponsors of a proposed constitutional amendment that would authorize them to own and operate casinos in four specified counties within the state. Respondent was the secretary of state and certified inter...

Ark. Found. for Med. Care v. Circuit Court (Majority, with Dissenting)  
Date: October 4, 2012
Citation: 2012 Ark. 372
Docket Number: 12-88

Justia Opinion Summary: This petition for writ of certiorari arose out of two pending nursing home malpractice cases alleging abuse and neglect at Bryant Healthcare Center (Bryant). The plaintiffs below served a subpoena on the Arkansas Foundat...

In re Ark. Access to Justice Comm'n
Date: October 4, 2012
Citation: 2012 Ark. 377
In re State Bd. of Law Exam'rs
Date: October 4, 2012
Citation: 2012 Ark. 378
In re Bd. Certified Ct. Repts. (Per Curiam)
Date: October 4, 2012
Citation: 2012 Ark. 382
Gulley v. State (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 368
Docket Number: CR11-271

Justia Opinion Summary: Appellant was convicted of capital murder and attempted capital murder and sentenced to consecutive sentences of life in prison without parole, thirty years' imprisonment, and a fifteen-year enhancement for using a firea...

Eagle v. State (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 371
Docket Number: CR12-236

Justia Opinion Summary: Appellant appealed from the judgment and commitment order of the circuit court convicting him of criminal attempt to commit theft of property and committing a fraudulent insurance act and sentencing him to a total time o...

Meadows v. State (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 374
Docket Number: CR12-434

Justia Opinion Summary: Petitioner entered a negotiated plea of guilty to a charge of first-degree murder and was sentenced to 360 months' incarceration. Six years later, Petitioner filed a pro se petition for writ of error coram nobis, which t...

Evans v. State (Majority)  
Date: October 4, 2012
Citation: 2012 Ark. 375
Docket Number: CR12-447

Justia Opinion Summary: In 1996, Appellant was convicted of rape and first-degree sexual abuse. The Supreme Court affirmed. In 2012, more than fourteen years after the judgment was affirmed, Appellant filed a pro se motion seeking a new trial,...

Ford Motor Co. v. Washington (Supplemental)  
Date: September 27, 2012
Citation: 2012 Ark. 354
Docket Number: 11-612

Justia Opinion Summary: Appellant and Appellee jointly petitioned the Supreme Court for rehearing following the dismissal of Appellant's appeal without prejudice due to lack of a final order. In the dismissal, the Supreme Court denied Appellee'...

Smith v. Hobbs (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 360
Docket Number: 12-308

Justia Opinion Summary: Appellant pled guilty to a charge of aggravated robbery, pursuant to a negotiated plea agreement, and was sentenced to 180 months' incarceration. Subsequently, Appellant filed a petition for postconviction relief, which...

McHaney v. Hobbs (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 361
Docket Number: 12-357

Justia Opinion Summary: Pursuant to a negotiated plea agreement, Appellant pled guilty to manufacturing a controlled substance, two counts of possession of drug paraphernalia with the intent to manufacture methamphetamine, and failure to appear...

Plunk v. State (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 362
Docket Number: 12-358

Justia Opinion Summary: Pursuant to a negotiated plea agreement, Appellant pled guilty in 1997 in the Pope County circuit court to criminal charges. He was sentenced to 120 months' incarceration. In 2011, Appellant was again convicted of crimin...

Cox v. Martin (Majority)  
Date: September 27, 2012
Citation: 2012 Ark. 352
Docket Number: 12-740

Justia Opinion Summary: Petitioners, individually and on behalf of Coalition to Preserve Arkansas Values (CPAV), brought this original action requesting the Supreme Court to review the legal sufficiency of the popular name and ballot title of t...

Robinson v. State (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 356
Docket Number: CACR08-1046

Justia Opinion Summary: Petitioner was found guilty by a jury of possession of a firearm by a felon as a result of his involvement in a shooting outside a nightclub. The court of appeals affirmed. Petitioner subsequently sought a writ of error...

Turner v. State (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 357
Docket Number: CACR09-212

Justia Opinion Summary: Petitioner was convicted of possession of cocaine with intent to deliver, possession of methamphetamine with intent to deliver, and maintaining a drug premises. Subsequently, Petitioner, through counsel, filed a petition...

Moore v. State (Majority, with Concurring and Dissenting)  
Date: September 27, 2012
Citation: 2012 Ark. 350
Docket Number: CR11-1010

Justia Opinion Summary: Appellant was convicted of battery in the third degree and sentenced to twelve months' probation. He was further ordered to pay costs and fees, as well as restitution of $40,304, "less any payments received through insur...

Guevara v. State (Majority)  
Date: September 27, 2012
Citation: 2012 Ark. 351
Docket Number: CR11-1171

Justia Opinion Summary: A jury convicted Appellant of possession of a controlled substance with intent to deliver methamphetamine and sentenced him to life imprisonment without parole. Appellant challenged his conviction on the basis that his r...

Fields v. State (Majority)  
Date: September 27, 2012
Citation: 2012 Ark. 353
Docket Number: CR11-1267

Justia Opinion Summary: Appellant appealed an order of the circuit court convicting him of rape for digitally penetrating a seven-year-old child and sentencing him as a habitual offender to life imprisonment. For reversal, Appellant argued that...

Green v. State (Majority)  
Date: September 27, 2012
Citation: 2012 Ark. 347
Docket Number: CR11-1269

Justia Opinion Summary: Appellant was convicted of four counts of capital murder and one count of kidnapping. On appeal, Appellant contended (1) the State's use of inconsistent prosecutorial theories in his trial and in the separate trial of a...

Stewart v. State (Majority)  
Date: September 27, 2012
Citation: 2012 Ark. 349
Docket Number: CR12-131

Justia Opinion Summary: After a jury trial, Appellant was convicted of rape and sentenced to seventy years' imprisonment. For his only point on appeal, Appellant argued that the circuit court erred in not allowing testimony concerning the victi...

Winnett v. State (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 358
Docket Number: CR12-270

Justia Opinion Summary: Appellant entered a negotiated plea of guilty to the offense of rape. More than four years after the judgment had been entered, Appellant filed a motion to withdraw a guilty plea under Ark. R. Crim. P. 26.1, which the ci...

State v. Robinson (Concurring)
Date: September 27, 2012
Citation: 2012 Ark. 355
Docket Numbers: CR12-342, CR12-397
Hickman v. State (Per Curiam)  
Date: September 27, 2012
Citation: 2012 Ark. 359
Docket Number: CR12-493

Justia Opinion Summary: Appellant lodged an appeal in the Supreme Court from an order of the circuit court that denied his petition to correct an illegal sentence pursuant to Ark. Code Ann. 16-90-111. Appellant filed a motion to be provided a c...

Birts v. State (Majority)  
Date: September 27, 2012
Citation: 2012 Ark. 348
Docket Number: CR12-74

Justia Opinion Summary: After a jury trial, Appellant was convicted of second-degree murder, first-degree murder, and capital murder. Appellant received an aggregate sentence of life imprisonment without parole. Appellant appealed, contending t...

Lee v. Ark. Dep't of Corr. Records Dep't (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 342
Docket Number: 11-1167

Justia Opinion Summary: Appellant pled guilty to possession of drug paraphernalia with the intent to manufacture methamphetamine and was sentenced to twenty years' imprisonment. Appellant subsequently filed a petition for postconviction relief,...

MacKool v. State (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 341
Docket Number: 11-524

Justia Opinion Summary: Petitioner was convicted of first-degree murder and theft of property, for which a cumulative sentence of sixty years' imprisonment in the Arkansas Department of Correction (ADC) was imposed. Later, the circuit court gra...

Young v. Sexton (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 334
Docket Number: 12-379

Justia Opinion Summary: Appellant appealed a decision of the circuit court denying her petition for change of custody, denying a petition for citation of contempt for parental alienation, and excluding expert testimony. In 2008, a dependency-ne...

Misenheimer v. Hobbs (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 343
Docket Number: 12-480

Justia Opinion Summary: Appellant entered a plea of guilty to four felony offenses in the Pulaski County Circuit Court. Appellant later entered plea of guilty in Saline County to four additional felony offenses and was sentenced as a habitual...

Pendleton v. Clifton (Majority)
Date: September 20, 2012
Citation: 2012 Ark. 344
Docket Number: 12-556
Ark. Hotels & Entm't Inc. v. Martin (Majority, with Concurring)  
Date: September 20, 2012
Citation: 2012 Ark. 335
Docket Number: 12-647

Justia Opinion Summary: Petitioner brought an original action seeking a writ of mandamus requiring the Secretary of State to accept its petitions for an initiated constitutional amendment to be placed on the November 6, 2012 ballot. Petitioner...

In re Sup. Ct. Comm. on Sec. & Emergency Preparedness
Date: September 20, 2012
Citation: 2012 Ark. 345
Thompson v. State (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 339
Docket Number: CACR98-1523

Justia Opinion Summary: In 1998, Petitioner was found guilty of rape in a trial to the bench and sentenced as a habitual offender to 480 months' imprisonment. The court of appeals affirmed. Petitioner subsequently filed a petition with the Supr...

Walton v. State (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 336
Docket Number: CR11-884

Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder and sentenced to a term of life imprisonment without parole. Appellant's sole argument on appeal was that he did not knowingly and intelligently waive...

Davis v. State (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 340
Docket Number: CR12-169

Justia Opinion Summary: Petitioner entered a plea of guilty to aggravated robbery in two separate criminal cases, for which he was sentenced as a habitual offender to 360 months' imprisonment in each case. Petitioner subsequently filed in the c...

Reed v. State (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 337
Docket Number: CR12-344

Justia Opinion Summary: Appellant, by and through his attorney, filed a motion for rule on clerk. Because there was no notice of appeal filed in this case, the Supreme Court treated Appellant's motion as one for belated appeal and remanded for...

Sellers v. State (Majority)  
Date: September 20, 2012
Citation: 2012 Ark. 338
Docket Number: CR12-753

Justia Opinion Summary: Appellant William J. Sellers, by and through his attorney, Andrew L. Clark, filed a motion for rule on clerk. Appellant's attorney accepted fault and stated in the motion that the clerk's office rejected Appellant's reco...

Nicholson v. Upland Indus. Dev. Co. (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 326
Docket Number: 11-1106

Justia Opinion Summary: Appellants appealed the order of the circuit court dismissing their claims and quieting title to mineral interests, including oil and gas rights, in appellee Upland Industrial Development Company, Inc. The Supreme Court...

Neal v. Sparks Reg'l Med. Ctr. (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 328
Docket Number: 11-1196

Justia Opinion Summary: Appellants, several individuals and the administratrix of the estate of Arvilla Langston, filed a medical-malpractice action against Appellees, Sparks Regional Medical Center (SRMC) and Sparks Medical Foundation, allegin...

Ford Motor Co. v. Washington (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 325
Docket Number: 11-612

Justia Opinion Summary: Defendant Ford Motor Company appealed from the judgment of the circuit court reflecting the jury's award of compensatory and punitive damages in favor of Plaintiff, individually and as administratrix of her husband's est...

Fluker v. Helena-West Helena Pub. Sch. Dist. (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 327
Docket Number: 11-793

Justia Opinion Summary: Appellants filed a complaint against Appellees, the public school district, members of the district's board of directors, and others, alleging (1) subsequent to the federal decennial census, the district was required to...

Stephens v. Hobbs (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 332
Docket Number: 12-179

Justia Opinion Summary: Appellant was a prisoner in the Arkansas Department of Correction (ADC). Appellant filed a petition in the circuit court that sought a declaratory judgment, contending that the ADC had erroneously applied Act 1805 of 200...

In re Sup. Ct. Comm. on Model Jury Instructions-Civ.
Date: September 13, 2012
Citation: 2012 Ark. 333
Russell v. State (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 329
Docket Number: CACR05-241

Justia Opinion Summary: The court of appeals affirmed a judgment reflecting Petitioner's conviction and sentence on a charge of first-degree domestic battering. Petitioner filed a petition in the Supreme Court to reinvest jurisdiction in the tr...

Glaze v. Reynolds (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 330
Docket Number: CR12-433

Justia Opinion Summary: Petitioner filed in the Supreme Court a pro se petition for writ of mandamus and an application for writ of prohibition, both of which referenced two criminal cases filed against him in the circuit court. The petition so...

Smith v. State (Majority)  
Date: September 13, 2012
Citation: 2012 Ark. 331
Docket Number: CR12-487

Justia Opinion Summary: On September 2, 2011, the circuit court entered an order denying Petitioner's petition for postconviction relief. Petitioner was represented in the proceeding by his retained attorney, Ronald Davis. No appeal was taken f...

Givens v. Scott (Per Curiam)
Date: September 6, 2012
Citation: 2012 Ark. 323
Docket Number: 03-308
Gulley v. State (Per Curiam, with Dissenting)
Date: September 6, 2012
Citation: 2012 Ark. 321
Docket Number: CR11-271
Nelson v. State (Per Curiam)
Date: September 6, 2012
Citation: 2012 Ark. 322
Docket Number: CR12-644
Walton v. State (Per Curiam)
Date: August 30, 2012
Citation: 2012 Ark. 320
Docket Number: CR11-884
Todd v. Martin (Per Curiam)
Date: August 29, 2012
Citation: 2012 Ark. 319
Docket Number: 12-713
Ligon v. Hogrobrooks (Per Curiam)
Date: August 27, 2012
Citation: 2012 Ark. 318
Docket Number: 12-459
In re Brown (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 301
Docket Number: 11-1156
In re Brown (Per Curiam)
Date: August 14, 2012
Docket Number: 11-1156
Bliss v. Hobbs (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 315
Docket Number: 12-341

Justia Opinion Summary: Appellant was a prisoner serving a life sentence on a rape conviction that followed his retrial after the Supreme Court reversed and remanded for an error for not requiring the prosecutor to file a bill of particulars. I...

May v. Goodman (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 302
Docket Number: 12-369
Carr v. Ark. Dep't of Human Servs. (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 303
Docket Number: 12-477
Carr v State (Per Curiam)
Date: August 14, 2012
Docket Number: 12-477
In re Jones (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 304
Docket Number: 12-589
In re Jones (Per Curiam)
Date: August 14, 2012
Docket Number: 12-589
In re Ark. Rules of Civ. P. --Summons Form (Per Curiam)
Date: August 14, 2012
Docket Number: 14-12
In re Sup. Ct. Comm. Civ. P. (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 316
In re Ark. R. Civ. P. Summons Form (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 317
McFerrin v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 305
Docket Number: CR00-922

Justia Opinion Summary: In 2000, Petitioner was found guilty by a jury of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. Petition subsequently filed a petition to reinvest jurisdiction in the trial...

McArty v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 306
Docket Number: CR11-1165

Justia Opinion Summary: Appellant was convicted in 1993 of first-degree murder. The judgment-and-commitment order showed that Appellant was sentenced to hard labor in the Arkansas Department of Correction for life. The Supreme Court affirmed. L...

Nelson v. Glover (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 307
Docket Number: CR12-156

Justia Opinion Summary: In 1990, a jury found Petitioner guilty of first-degree murder and sentenced him to life imprisonment. The Supreme Court affirmed. Petitioner subsequently filed a petition for postconviction relief, which was denied. Pet...

Wells v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 308
Docket Number: CR12-280

Justia Opinion Summary: In 2011, Appellant entered a plea of guilty to murder in the first degree and being a felon in possession of a firearm. Appellant subsequently filed a pro se petition for postconviction relief, raising two allegations th...

Hill v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 309
Docket Number: CR12-286

Justia Opinion Summary: Appellant lodged in the Supreme Court an appeal from three orders that denied a number of pleadings that Appellant had filed in the trial court where he was convicted of capital murder in 1995. Appellant filed his brief...

Lambert v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 310
Docket Number: CR12-314

Justia Opinion Summary: Pursuant to a negotiated plea agreement, Appellant pled guilty to first-degree domestic battery, second-degree battery, and second-degree terroristic threatening. No appeal was taken from the judgment. Appellant subseque...

Smith v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 311
Docket Number: CR12-374

Justia Opinion Summary: In 1994, Appellant was found guilty of multiple felony offenses and was sentenced to an aggregate term of forty years' imprisonment. The Supreme Court affirmed. Appellant later filed a petition to correct his sentence pu...

Martin v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 312
Docket Number: CR12-445

Justia Opinion Summary: Petitioner filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The petition contained a statement that the facts in the petition were true, correct, and complete, but the statement was no...

Wright v. State (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 313
Docket Number: CR12-464
Atchely v. State (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 297
Docket Number: CR12-485
Talley v. State (Per Curiam)  
Date: August 14, 2012
Citation: 2012 Ark. 314
Docket Number: CR12-490

Justia Opinion Summary: In 2003, Appellant entered a plea of guilty to four felony offenses. Appellant was sentenced to an aggregate term of 360 months' imprisonment. The judgment was amended later to reflect that the aggregate sentence imposed...

Kaufman v. State (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 298
Docket Number: CR12-501
Kaufman v. State (Per Curiam)
Date: August 14, 2012
Docket Number: CR12-501
Childress v. State (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 299
Docket Number: CR12-529
Breeden v. State (Per Curiam)
Date: August 14, 2012
Citation: 2012 Ark. 300
Docket Number: CR12-588
Hobbs v. Jones (Majority, with Dissenting)  
Date: June 22, 2012
Citation: 2012 Ark. 293
Docket Number: 11-1128

Justia Opinion Summary: Ten death-row inmates filed amended complaints against Appellants, the Arkansas Department of Correction (ADC) and its director, asserting several causes of action. Relevant to this appeal, the prisoners (1) asserted tha...

In re Adoption of Ark. R. Crim. P. 4.7 (Per Curiam)
Date: June 22, 2012
Citation: 2012 Ark. 294
In re Recommendations of the Crim. Practice Comm. (Per Curiam)
Date: June 22, 2012
Citation: 2012 Ark. 295
In re Guardianship of A.M. (Majority)  
Date: June 21, 2012
Citation: 2012 Ark. 278
Docket Number: 11-1092

Justia Opinion Summary: Appellant Brittany Mahavier appealed orders of the circuit court granting a permanent guardianship of her son to her mother, Appellee Teresa Mahavier, and declaring the Arkansas Statutes on guardianships to be unconstitu...

Tracy v. Dennie (Majority, with Concurring)  
Date: June 21, 2012
Citation: 2012 Ark. 281
Docket Number: 11-1109

Justia Opinion Summary: Appellee Theresa Dennie filed a paternity action, contending that Appellant Grady Tracy was the natural father of M.T. and requesting custody of the child, with Tracy having visitation. Tracy filed a motion for the appoi...

MacKool v. State (Per Curiam)  
Date: June 21, 2012
Citation: 2012 Ark. 287
Docket Number: 11-524

Justia Opinion Summary: Appellant Michael MacKool was convicted of first-degree murder and theft of property, for which a cumulative sentence of sixty years' imprisonment in the Arkansas Department of Correction (ADC) was imposed. The Supreme C...

In re Petition for Readmission of Wayne (Majority, with Dissenting)
Date: June 21, 2012
Citation: 2012 Ark. 279
Docket Number: 12-345
In re Client Sec. Fund Comm. (Per Curiam)
Date: June 21, 2012
Citation: 2012 Ark. 288
Jordan v. State (Majority)  
Date: June 21, 2012
Citation: 2012 Ark. 277
Docket Number: CR11-1209

Justia Opinion Summary: Appellant Brian Jordan appealed an order of the circuit court convicting him of rape and sentencing him as a habitual offender to life imprisonment. The Supreme Court affirmed, holding (1) the circuit court did not err i...

Pickering v. State (Majority)  
Date: June 21, 2012
Citation: 2012 Ark. 280
Docket Number: CR12-19

Justia Opinion Summary: Appellant was found guilty of underage driving under the influence. Appellant subsequently appealed the denial of his motion to suppress the results of his breathalyzer test, arguing that the arresting officer was acting...

Brown v. Circuit Court (Gibson) (Per Curiam)  
Date: June 21, 2012
Citation: 2012 Ark. 285
Docket Number: CR12-355

Justia Opinion Summary: Petitioner was charged by an information with having committed three felony drug-related counts. Petitioner subsequently filed four pro se pleadings in those proceedings. Later, Petitioner filed a petition for writ of ma...

Hatton v. State (Per Curiam)  
Date: June 21, 2012
Citation: 2012 Ark. 286
Docket Number: CR12-383

Justia Opinion Summary: Appellant Bobby Hatton was found guilty of first-degree terroristic threatening and second-degree domestic battery in the presence of a child. The trial court subsequently found that Appellant had violated the conditions...

Wade v. State (Per Curiam)
Date: June 21, 2012
Citation: 2012 Ark. 282
Docket Number: CR12-463
Fisher v. State (Per Curiam)
Date: June 21, 2012
Citation: 2012 Ark. 283
Docket Number: CR12-465
Russell v. State (Per Curiam)
Date: June 21, 2012
Citation: 2012 Ark. 284
Docket Number: CR12-475
N.D. v. State (Majority)  
Date: June 14, 2012
Citation: 2012 Ark. 265
Docket Number: 11-1157

Justia Opinion Summary: Appellant N.D. was a juvenile when he was adjudicated delinquent for commission of aggravated robbery and possession of a weapon. After N.D. escaped from the detention center, the State filed a felony information chargin...

Clinical Study Ctrs. Inc. v. Boellner (Majority)  
Date: June 14, 2012
Citation: 2012 Ark. 266
Docket Number: 11-1225

Justia Opinion Summary: Appellants, a clinic study center and three medical doctors, filed an action against Appellees, Dr. Samuel and Marilyn Boellner, alleging breaches of contract for a covenant not to compete, tortious inteference with a bu...

Daugherty v. Jacksonville Police Dep't (Majority)  
Date: June 14, 2012
Citation: 2012 Ark. 264
Docket Number: 11-344

Justia Opinion Summary: This FOIA action stemmed from requests made by Appellant after she was stopped for speeding by a police officer. Appellant filed a complaint alleging (1) the police department (Department)'s refusal to provide the reques...

Kyle v. Gray Ritter & Graham P.C. (Majority)  
Date: June 14, 2012
Citation: 2012 Ark. 268
Docket Number: 11-495

Justia Opinion Summary: After it was discovered that the American long-grain rice supply was contaminated with genetically modified rice developed by Bayer Holding, Inc., all of the federal lawsuits against Bayer were centralized in the U.S. Di...

Brumley v. Keech (Majority)  
Date: June 14, 2012
Citation: 2012 Ark. 263
Docket Number: 11-874

Justia Opinion Summary: This case stemmed from an accident involving an automobile and a tractor-trailer. Appellants, the driver of the automobile and his wife, filed suit against Appellees, the driver of the truck, the individual who leased th...

Jewell v. Moser (Majority)  
Date: June 14, 2012
Citation: 2012 Ark. 267
Docket Number: 12-24

Justia Opinion Summary: Appellant Barry Jewell appealed from the denial of his motion for entry of satisfaction of judgment. For reversal, he contended that as one of four shareholders in the law firm of Jewell, Moser, Fletcher & Holleman (JMFH...

In re Oct. 11 2012 Session of the Ark. Sup. Ct. (Per Curiam)
Date: June 14, 2012
Citation: 2012 Ark. 273
In re Sup. Ct. Bd. of Certified Court Rep. Exam'rs (Per Curiam)
Date: June 14, 2012
Citation: 2012 Ark. 274
In re Judges & Lawyers Assistance Program (Per Curiam)
Date: June 14, 2012
Citation: 2012 Ark. 275
In re Prof'l Practicum Comm. (Per Curiam)
Date: June 14, 2012
Citation: 2012 Ark. 276
Anderson v. State (Per Curiam)  
Date: June 14, 2012
Citation: 2012 Ark. 270
Docket Number: CR02-161

Justia Opinion Summary: The court of appeals reversed and remanded Petitioner David Anderson's original conviction for first-degree murder. Following a new trial on the same charge, Petitioner was again convicted, and he received a life sentenc...

Walton v. State (Per Curiam)  
Date: June 14, 2012
Citation: 2012 Ark. 269
Docket Number: CR09-1167

Justia Opinion Summary: Appellant Jeremiah Walton was convicted of two counts of rape and received an aggregate sentence of 300 months' imprisonment. Appellant subsequently filed a petition for postconviction relief and, on the same day, motion...

Garner v. State (Per Curiam)  
Date: June 14, 2012
Citation: 2012 Ark. 271
Docket Number: CR12-181

Justia Opinion Summary: Appellant Frank Garner was found guilty by a jury of kidnapping and rape. Appellant subsequently filed in the circuit court in which he was convicted a petition for writ of habeas corpus. The circuit court denied the pet...

In re Guardianship of S.H.  
Date: May 31, 2012
Citation: 2012 Ark. 245
Docket Number: 11-1107

Justia Opinion Summary: Child was born to Father and Mother in Minnesota. After the family moved to Arkansas, Father's parents (Grandparents) filed a petition for guardianship of Child. The court ultimately entered an order of guardianship appo...

McArty v. Hobbs  
Date: May 31, 2012
Citation: 2012 Ark. 257
Docket Number: 11-1165

Justia Opinion Summary: Appellant Randall McArty was convicted of first-degree murder and was sentenced to "hard labor" in the Department of Correction for life. The Supreme Court affirmed. Appellant later filed a petition for writ of habeas co...

Fatpipe Inc. v. State  
Date: May 31, 2012
Citation: 2012 Ark. 248
Docket Number: 11-1213

Justia Opinion Summary: At issue in this appeal was a decision made by Appellee, Office of State Procurement (OSP), rejecting the protest submitted by Appellant, Fatpipe, Inc., of a contract award for the State's purchase of bandwidth equipment...

Rowe v. Hobbs  
Date: May 31, 2012
Citation: 2012 Ark. 244
Docket Number: 11-256

Justia Opinion Summary: Appellants, a group of inmates incarcerated for certain methamphetamine offenses, filed a complaint for declaratory judgment, writ of mandamus, and writ of prohibition, alleging that Act 1782 was an unconstitutional repe...

Scottsdale Ins. Co. v. Morrow Valley Land Co.  
Date: May 31, 2012
Citation: 2012 Ark. 247
Docket Number: 11-905

Justia Opinion Summary: Sixty-six plaintiffs filed the underlying lawsuit in Tennessee against Morrow Valley Land Company and Ben Cain (Appellees) and others, alleging that Defendants owned and operated a concentrated animal-feeding operation t...

Ground Zero Constr. v. Walnut Creek, LLC  
Date: May 31, 2012
Citation: 2012 Ark. 243
Docket Number: 12-15

Justia Opinion Summary: At issue in this appeal was whether a seventy-five-day lien notice sent by Appellant, Ground Zero Construction, to Appellees, Walnut Creek, LLC and Rees Development, complied with the requirements of Ark. Code Ann. 18-44...

In re Admin. Order No. 21--Electronic Filing
Date: May 31, 2012
Citation: 2012 Ark. 258
In re Judicial Discipline & Disability Comm'n
Date: May 31, 2012
Citation: 2012 Ark. 259
In re Dist. Ct. Resource Assessment Bd.
Date: May 31, 2012
Citation: 2012 Ark. 260
Maxwell v. State  
Date: May 31, 2012
Citation: 2012 Ark. 251
Docket Number: CR07-1318

Justia Opinion Summary: Petitioner Robert Maxwell was found guilty by a jury of one count of first-degree discharge of a firearm from a vehicle and four counts of second-degree discharge of a firearm from a vehicle and was sentenced as a habitu...

Charland v. State  
Date: May 31, 2012
Citation: 2012 Ark. 246
Docket Number: CR11-1051

Justia Opinion Summary: After a jury trial, Appellant was convicted of three counts of rape and sentenced to seventy-five years' imprisonment. The court of appeals affirmed Appellant's convictions and sentences. Appellant subsequently filed a t...

Mitchell v. State  
Date: May 31, 2012
Citation: 2012 Ark. 242
Docket Number: CR11-1204

Justia Opinion Summary: Appellant Theodis Mitchell was convicted of commercial burglary, terroristic threatening, fleeing, and criminal mischief. Mitchell's convictions and sentence were affirmed on appeal. Mitchell subsequently filed a petitio...

Garcia v. Arnold  
Date: May 31, 2012
Citation: 2012 Ark. 253
Docket Number: CR12-251

Justia Opinion Summary: Petitioner was convicted of two counts of rape and one count of second-degree sexual assault, for which he was sentenced to a total of 100 years' imprisonment. Petitioner subsequently filed a petition for postconviction...

Vance v. State
Date: May 31, 2012
Citation: 2012 Ark. 254
Docket Number: CR12-267
Lewis v. State
Date: May 31, 2012
Citation: 2012 Ark. 355
Docket Numbers: CR12-342, CR12-397
Mitchael v. State  
Date: May 31, 2012
Citation: 2012 Ark. 256
Docket Number: CR12-350

Justia Opinion Summary: Appellant Rodney Mitchael was convicted of rape and first-degree terroristic threatening. The court of appeals affirmed. Nearly five years after the date of his conviction, Appellant filed a petition to vacate and/or set...

Jones v. State.2
Date: May 31, 2012
Citation: 2012 Ark. 250
Docket Number: CR12-411
Jones v. State.1
Date: May 31, 2012
Citation: 2012 Ark. 249
Docket Number: CR12-411
Carter v. Circuit Court (Chandler)  
Date: May 31, 2012
Citation: 2012 Ark. 252
Docket Number: CR12-55

Justia Opinion Summary: Petitioner was convicted of two counts of aggravated robbery and one count of first-degree battery. The court of appeals affirmed. Subsequently, Petitioner filed a petition for postconviction relief, asserting five claim...

C.B. v. State (Majority)  
Date: May 24, 2012
Citation: 2012 Ark. 220
Docket Number: 11-1163

Justia Opinion Summary: Sixteen-year-old C.B. was charged with the felony offenses of, inter alia, capital murder, aggravated robbery, first-degree escape, and theft of property. C.B. filed a motion to dismiss and to declare Ark. Code Ann. 9-27...

Wilencewicz v. Hobbs (Per Curiam)
Date: May 24, 2012
Citation: 2012 Ark. 230
Docket Number: 11-1227
Lake Village Healthcare Ctr., LLC v. Hatchett (Majority, with Concurring)  
Date: May 24, 2012
Citation: 2012 Ark. 223
Docket Number: 11-458

Justia Opinion Summary: In this nursing-home, abuse-and-neglect complaint, Appellants, the licensee of the nursing home where Richard Hatchett was a resident, its management company, and the owner of both entities were sued for wrongful death,...

In re Amend. to Admin. Order No. 19 (Per Curiam)
Date: May 24, 2012
Citation: 2012 Ark. 231
In re Revised Income Withholding for Support Form (Per Curiam)
Date: May 24, 2012
Citation: 2012 Ark. 232
In re Sup. Ct. Comm. on Model Jury Instructions-Civ (Per Curiam)
Date: May 24, 2012
Citation: 2012 Ark. 234
In re Sup. Ct. Comm. Unauthorized Practice of Law (Per Curiam)
Date: May 24, 2012
Citation: 2012 Ark. 235
In re Rules of Civ. Procedure (Per Curiam)
Date: May 24, 2012
Citation: 2012 Ark. 236
Camp v. State (Per Curiam)  
Date: May 24, 2012
Citation: 2012 Ark. 226
Docket Number: CR10-290

Justia Opinion Summary: Petitioner Wyouman Camp was convicted of first-degree murder as an accomplice and sentenced to life imprisonment. The Supreme Court affirmed Petitioner's conviction and sentence. Petitioner subsequently filed a petition...

Chunestudy v. State (Majority)  
Date: May 24, 2012
Citation: 2012 Ark. 222
Docket Number: CR11-1161

Justia Opinion Summary: Appellant Joseph Chunestudy was found guilty by a jury of the rape of his minor daughter and sentenced to life imprisonment. The Supreme Court affirmed, holding (1) the circuit court did not err by allowing the introduct...

Morgan v. State (Per Curiam)  
Date: May 24, 2012
Citation: 2012 Ark. 227
Docket Number: CR11-1218

Justia Opinion Summary: Appellant Jeffery Morgan was convicted of kidnapping and sentenced to life imprisonment. Appellant subsequently filed a petition to correct an illegal sentence, alleging that the evidence in the court proceedings showed...

Johnson v. State (Per Curiam)  
Date: May 24, 2012
Citation: 2012 Ark. 225
Docket Number: CR11-216

Justia Opinion Summary: Appellant Jermiko Johnson was found guilty by a jury of sexual assault in the second degree. Appellant subsequently filed a verified pro se petition for postconviction relief, claiming (1) he was not afforded effective a...

Tornavacca v. State (Majority, with Concurring and Dissenting)  
Date: May 24, 2012
Citation: 2012 Ark. 224
Docket Number: CR11-702

Justia Opinion Summary: Appellant Michael Tornavacca entered a negotiated plea of guilty to theft of property, a class B felony, and theft of property, a class C felony. Appellant subsequently filed a petition for postconviction relief, which t...

White v. State (Majority, with Concurring)  
Date: May 24, 2012
Citation: 2012 Ark. 221
Docket Number: CR11-872

Justia Opinion Summary: Appellant Chad White was convicted of rape and second-degree battery and sentenced to life imprisonment. Appellant appealed, arguing that the circuit court erred in (1) ordering him to complete a sex-offender treatment p...

Davis v. State (Per Curiam)  
Date: May 24, 2012
Citation: 2012 Ark. 228
Docket Number: CR12-169

Justia Opinion Summary: Appellant Andrew Davis entered a plea of guilty to aggravated robbery in two separate criminal cases in the circuit court. Appellant was sentenced as a habitual offender to 360 months' imprisonment in each case to be ser...

Cowan v. State (Per Curiam)  
Date: May 24, 2012
Citation: 2012 Ark. 229
Docket Number: CR12-202

Justia Opinion Summary: Appellant Michael Cowan was convicted of two counts of sexual assault in the second degree and sentenced as a habitual offender to 960 months' imprisonment. The court of appeals affirmed. Appellant subsequently filed a p...

Boyajian v. State (Majority)  
Date: May 17, 2012
Citation: 2012 Ark. 210
Docket Number: 11-1013

Justia Opinion Summary: Defendant Jack Boyajian, a licensed attorney, was engaged by clients seeking recovery of debts from individuals. The State brought a consumer-protection complaint against Boyajian and his two law offices asserting violat...

Robinson v. Villines (Majority)  
Date: May 17, 2012
Citation: 2012 Ark. 211
Docket Number: 11-1057

Justia Opinion Summary: A taxpayer class filed an illegal-exaction complaint. The case was remanded for the circuit court to ascertain a remedy consistent with the Supreme Court's decision that the taxpayers had proved a valid claim for illegal...

Craig v. Hobbs (Per Curiam)  
Date: May 17, 2012
Citation: 2012 Ark. 218
Docket Number: 12-45

Justia Opinion Summary: Appellant Johnny Craig, an incarcerated inmate, filed in the county in which he was incarcerated a petition for writ of habeas corpus, alleging that the information charging him was insufficient, the trial court lacked j...

In re Sup. Ct. Comm. Unauthorized Practice of Law (Per Curiam)
Date: May 17, 2012
Citation: 2012 Ark. 219
Johnson M. v. State (Per Curiam)
Date: May 17, 2012
Citation: 2012 Ark. 214
Docket Number: CR11-1191
Johnson v. State (Majority)  
Date: May 17, 2012
Citation: 2012 Ark. 212
Docket Number: CR11-736

Justia Opinion Summary: On October 24, 2007, Napolean Johnson was charged with several drug-related offenses. On March 23, 2010, Johnson was charged with two misdemeanors and kidnapping, a felony. Johnson entered negotiated pleas of guilty in b...

Tucker v. State (Per Curiam)
Date: May 17, 2012
Citation: 2012 Ark. 216
Docket Number: CR12-141
Nelson v. State (Per Curiam)
Date: May 17, 2012
Citation: 2012 Ark. 217
Docket Number: CR12-241
Reed v. State (Per Curiam)  
Date: May 17, 2012
Citation: 2012 Ark. 213
Docket Number: CR12-344

Justia Opinion Summary: Following a jury trial, Appellant Simon Reed was convicted of one count of assault in the third degree and one count of assault in the first degree. Appellant subsequently filed a pro se "Intent to Appeal" with the circu...

Jones v. State (Per Curiam)  
Date: May 17, 2012
Citation: 2012 Ark. 215
Docket Number: CR12-43

Justia Opinion Summary: Judgment was entered reflecting that Appellant Joe Jones had been found guilty of having violated the conditions of a suspended sentence imposed on him in 2002. The court of appeals affirmed the revocation of the suspend...

Rodgers v. Rodgers (Majority, with Dissenting)  
Date: May 10, 2012
Citation: 2012 Ark. 200
Docket Number: 11-1020

Justia Opinion Summary: At issue in this case was whether the proceeds from the sale of timber, which was harvested from land that was specifically devised in a will, should be considered part of the decedent's residuary estate. Appellant, the...

Entertainer, Inc. v. Duffy (Majority)  
Date: May 10, 2012
Citation: 2012 Ark. 202
Docket Number: 11-766

Justia Opinion Summary: Appellee Cory Duffy filed a complaint alleging that he was shot twice while standing outside The Entertainer, Inc. waiting for a taxi. Appellee named as defendants The Entertainer, an Arkansas corporation, and Charles We...

State v. Harrison (Majority, with Dissenting)  
Date: May 10, 2012
Citation: 2012 Ark. 198
Docket Number: CR10-638

Justia Opinion Summary: Appellee Kenneth Harrison was tried and convicted of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. Harrison subsequently filed a petition for postconviction relief. The cir...

Hill v. State (Per Curiam)  
Date: May 10, 2012
Citation: 2012 Ark. 204
Docket Number: CR11-1064

Justia Opinion Summary: Appellant Jessie Hill was convicted of capital murder. Appellant subsequently filed a motion to vacate judgment under Act 1780, seeking a hearing to establish a scientific predicate for a new trial, the production of a r...

Barrow v. State (Majority)  
Date: May 10, 2012
Citation: 2012 Ark. 197
Docket Number: CR11-621

Justia Opinion Summary: Appellant Kenneth Barrow was found guilty of sexual indecency with a child, second-degree sexual assault, rape, and first-degree terroristic threatening. The court of appeals affirmed. Barrow filed an amended petition fo...

Scott v. State (Majority)  
Date: May 10, 2012
Citation: 2012 Ark. 199
Docket Number: CR11-689

Justia Opinion Summary: Appellant Avery Scott entered a plea of guilty to sexual assault in the second degree and was sentenced to a term of 180 months' imprisonment. Scott subsequently filed a motion to withdraw his plea, arguing that his plea...

Laswell v. State (Majority)  
Date: May 10, 2012
Citation: 2012 Ark. 201
Docket Number: CR11-940

Justia Opinion Summary: Appellant Broderick Laswell was found guilty of capital murder and aggravated robbery and was sentenced as a habitual offender to life imprisonment without parole plus 720 months' imprisonment, respectively. Appellant ap...

Nelson v. Glover (Per Curiam)
Date: May 10, 2012
Citation: 2012 Ark. 207
Docket Number: CR12-156
Watson v. State (Per Curiam)
Date: May 10, 2012
Citation: 2012 Ark. 203
Docket Number: CR12-304
Thacker v. State (Per Curiam)  
Date: May 10, 2012
Citation: 2012 Ark. 205
Docket Number: CR12-61

Justia Opinion Summary: Appellant Elvis Thacker entered a plea of guilty to attempted capital murder and kidnapping. Appellant subsequently filed a pro se petition for postconviction relief, alleging that his attorney was ineffective for severa...

Wilson v. State (Per Curiam)  
Date: May 10, 2012
Citation: 2012 Ark. 206
Docket Number: CR12-96

Justia Opinion Summary: Appellant Charles Wilson was found guilty by a jury of delivery of a controlled substance and was sentenced as a habitual offender to serve a term of 480 months' imprisonment. Appellant subsequently filed an untimely pro...

Goins v. Norris  
Date: May 3, 2012
Citation: 2012 Ark. 192
Docket Number: 10-376

Justia Opinion Summary: Appellant Jessie Goins was convicted by a jury of aggravated robbery and was sentenced as a habitual offender to life imprisonment. The Supreme Court affirmed. Appellant subsequently filed a petition for writ of habeas c...

Tripcony v. Ark. Sch. for the Deaf  
Date: May 3, 2012
Citation: 2012 Ark. 188
Docket Number: 11-899

Justia Opinion Summary: The Arkansas School for the Deaf's Board of Trustees terminated Appellant Darleen Tripcony from her employment with the School as part of a reduction in force (RIF). The Arkansas State Employee Grievance Appeal Panel (SE...

McKenzie v. Pierce  
Date: May 3, 2012
Citation: 2012 Ark. 190
Docket Number: 11-933

Justia Opinion Summary: Upon the divorce of Kayla Pierce McKenzie and Appellee Joshua Pierce, Kayla was awarded custody of their minor child. Kayla subsequently married Appellant, Cleo McKenzie. Appellee later filed a motion for a change of cus...

Earl v. State  
Date: May 3, 2012
Citation: 2012 Ark. 189
Docket Number: 2008-224

Justia Opinion Summary: Appellant Cornelius Earl was convicted on three counts of delivery of a controlled substance and was sentenced to a total of 960 months' imprisonment. The court of appeals affirmed his convictions and sentence. Earl subs...

Rodgers v. State  
Date: May 3, 2012
Citation: 2012 Ark. 193
Docket Number: CR04-534

Justia Opinion Summary: Petitioner Charles Rodgers was convicted of rape and sentenced to life imprisonment. Petitioner subsequently filed a petition in the Supreme Court that sought to reinvest jurisdiction in the trial court to consider a pet...

Little v. State  
Date: May 3, 2012
Citation: 2012 Ark. 194
Docket Number: CR11-1038

Justia Opinion Summary: Appellant Ronald Little pled no contest to one charge of manslaughter and one charge of second-degree battery, for which he received a cumulative sentence of 240 months' incarceration. Appellant subsequently filed a veri...

State v. Martin  
Date: May 3, 2012
Citation: 2012 Ark. 191
Docket Number: CR11-1232

Justia Opinion Summary: On October 12, 1993, Appellee Harris Martin was found guilty of negligent homicide and sentenced to five years probation. On April 9, 2009, Martin filed a petition to seal the record of his negligent-homicide conviction....

Harrill & Sutter, PLLC v. Farrar  
Date: April 26, 2012
Citation: 2012 Ark. 180
Docket Number: 11-894

Justia Opinion Summary: Appellant Harrill & Sutter filed a complaint in the circuit court alleging a violation of Arkansas's Freedom of Information Act (FOIA). Appellant had previously filed a medical-malpractice action against three physicians...

Howard v. State  
Date: April 26, 2012
Citation: 2012 Ark. 177
Docket Number: CR00-803

Justia Opinion Summary: Timothy Howard was convicted by a jury of two counts of capital murder and one count of attempted capital murder. Howard was sentenced to death plus thirty years and a $15,000 fine. The Supreme Court affirmed Howard's co...

Croston v. State  
Date: April 26, 2012
Citation: 2012 Ark. 183
Docket Number: CR06-425

Justia Opinion Summary: Petitioner Detrick Croston was convicted of aggravated robbery. The Supreme Court denied Petitioner's motion for belated appeal. Petitioner subsequently tendered a motion for belated appeal of the same case. Before the S...

Strain v. State  
Date: April 26, 2012
Citation: 2012 Ark. 184
Docket Number: CR10-888

Justia Opinion Summary: Petitioner Rickey Strain was convicted by a jury of first-degree murder and was sentenced to 300 months' incarceration. The court of appeals affirmed. Appellant subsequently filed a timely petition for postconviction rel...

Huff v. State
Date: April 26, 2012
Citation: 2012 Ark. 182
Docket Number: CR11-1071
Carter v. State  
Date: April 26, 2012
Citation: 2012 Ark. 186
Docket Number: CR11-1301

Justia Opinion Summary: Appellant Nickol Carter entered a negotiated plea of guilty to aggravated robbery, possession of a firearm by certain persons, and robbery. Appellant subsequently filed a petition for writ of error coram nobis, in which...

Henington v. State (Majority, with Concurring)  
Date: April 26, 2012
Citation: 2012 Ark. 181
Docket Number: CR11-523

Justia Opinion Summary: Following a jury trial, Appellant Danny Henington was convicted of felony rape and sentenced to thirty-six years' imprisonment. The court of appeals affirmed. Appellant timely filed a petition for postconviction relief,...

Lowe v. State  
Date: April 26, 2012
Citation: 2012 Ark. 185
Docket Number: CR11-863

Justia Opinion Summary: Appellant James Lowe was convicted of possession of drug paraphernalia with intent to manufacture methamphetamine. Appellant subsequently filed a petition for postconviction relief, setting forth nine claims of ineffecti...

Sullivan v. State  
Date: April 26, 2012
Citation: 2012 Ark. 178
Docket Number: CR11-919

Justia Opinion Summary: In 1997, Phillip Sullivan pled guilty to theft of property and was sentenced pursuant to the Community Punishment Act. In 2011, Sullivan filed a petition to seal the record in his theft-of-property case, claiming he was...

Leach v. State  
Date: April 26, 2012
Citation: 2012 Ark. 179
Docket Number: CR11-932

Justia Opinion Summary: Appellant Raymond Leach was convicted of capital murder and sentenced to life in prison without parole. On appeal, Appellant claimed five points warranted reversal of his conviction. The Supreme Court affirmed, holding t...

Tornavacca v. State
Date: April 24, 2012
Citation: 2012 Ark. 176
Docket Number: CR11-702
Gilliland v. State  
Date: April 19, 2012
Citation: 2012 Ark. 162
Docket Number: 11-1151

Justia Opinion Summary: Appellant Michael Gilliland was convicted of the rape and second-degree sexual assault of his fourteen-year-old stepdaughter and was sentenced to life imprisonment. The Supreme Court affirmed Appellant's conviction and s...

Schultz v. Butterball, LLC  
Date: April 19, 2012
Citation: 2012 Ark. 163
Docket Number: 11-1212

Justia Opinion Summary: Employer began withholding a portion of wages from Employee's paycheck as the result of an income-withholding order stemming from child-support arrearages. Employee filed a complaint against Employer, asking the circuit...

Davis v. Hobbs  
Date: April 19, 2012
Citation: 2012 Ark. 167
Docket Number: 11-61

Justia Opinion Summary: Appellant Timothy Davis was found guilty by a jury of capital murder and kidnapping with a firearm enhancement. Appellant was sentenced as a habitual offender to an aggregate term of life imprisonment without parole. The...

McMillan v. Live Nation Entm't, Inc.  
Date: April 19, 2012
Citation: 2012 Ark. 166
Docket Number: 11-732

Justia Opinion Summary: Corey McMillan, individually and on behalf of a purported class, filed a complaint against Live Nation Entertainment and Ticketmaster (collectively Ticketmaster), alleging that Ticketmaster charged fees in excess of the...

Miller v. Ark. Dep't of Human Servs.  
Date: April 19, 2012
Citation: 2012 Ark. 165
Docket Number: 11-879

Justia Opinion Summary: Appellant Michael Miller was placed under arrest for the offense of driving while intoxicated. Appellant's driver's license was suspended for six months and his commercial driver's license was disqualified for one year....

R.R. v. State (Concurring)
Date: April 19, 2012
Citation: 2012 Ark. 168
Docket Number: 12-222
In Memory of Jack Graves
Date: April 19, 2012
Citation: 2012 Ark. 172
Millsap v. State  
Date: April 19, 2012
Citation: 2012 Ark. 169
Docket Number: CR11-1279

Justia Opinion Summary: Appellant Lee Millsap entered a plea of guilty to multiple offenses and was sentenced to an aggregate term of life imprisonment without parole. Appellant subsequently filed a pro se "third motion for appointment of couns...

Prater v. State  
Date: April 19, 2012
Citation: 2012 Ark. 164
Docket Number: CR11-437

Justia Opinion Summary: After a jury trial, Appellant Chase Prater was convicted of rape, kidnapping, sexual assault in the second degree, and felony impersonation. The court of appeals affirmed Appellant's conviction and sentence. Appellant su...

Gilliland v. State (Majority)
Date: April 19, 2012
Citation: 2012 Ark. 175
Docket Number: CR11-539
Williamson v. State  
Date: April 19, 2012
Citation: 2012 Ark. 170
Docket Number: CR12-16

Justia Opinion Summary: Appellant Anthony Williamson was convicted of aggravated robbery and kidnapping. The court of appeals affirmed. Appellant subsequently filed four petitions for postconviction relief in the trial court, one original petit...

Hogue v. State  
Date: April 19, 2012
Citation: 2012 Ark. 171
Docket Number: CR12-90

Justia Opinion Summary: Petitioner Greg Hogue was convicted of capital murder. Petitioner subsequently filed a pro se petition for forensics testing, seeking to challenge his conviction through a writ of habeas corpus. The lower court denied th...

Vickers v. Norris  
Date: April 12, 2012
Citation: 2012 Ark. 160
Docket Number: 09-1274

Justia Opinion Summary: Appellant Dustin Vickers was convicted of first-degree murder and sentenced to life imprisonment. The Supreme Court affirmed his conviction and sentence. Appellant subsequently filed a petition for writ of habeas corpus...

Cancun Cyber Cafe & Bus. Ctr., Inc. v. City of N. Little Rock  
Date: April 12, 2012
Citation: 2012 Ark. 154
Docket Number: 11-1130

Justia Opinion Summary: Cancun Cyber Cafe and Business Center was an internet cafe and business center that operated a sweepstakes promotion whereby Cancun's customers could play casino-style video games to learn whether they had won prizes thr...

Butler v. Hobbs
Date: April 12, 2012
Citation: 2012 Ark. 162
Docket Numbers: 11-1151, CR11-539
Staggs v. Union Pac. R.R.  
Date: April 12, 2012
Citation: 2012 Ark. 156
Docket Number: 11-902

Justia Opinion Summary: Kenny and Shelia Staggs brought suit in circuit court seeking quiet title to the oil and gas rights on certain real property of which they claimed ownership of the surface and subsurface rights. The Staggses asserted tha...

Cent. Okla. Pipeline, Inc. v. Hawk Field Servs., LLC  
Date: April 12, 2012
Citation: 2012 Ark. 157
Docket Number: 11-992

Justia Opinion Summary: Appellant Central Oklahoma Pipeline successfully bid for the construction of a natural gas pipeline. Appellant subsequently sued the companies that engaged it (the Hawk defendants), and an engineering company (CTS), asse...

Evans v. State  
Date: April 12, 2012
Citation: 2012 Ark. 161
Docket Number: CACR07-276

Justia Opinion Summary: Petitioner Lavelle Evans was found guilty by a jury of several drug offenses. Petitioner was sentenced as a habitual offender to an aggregate sentence of 960 months' imprisonment. The court of appeals affirmed. Petitione...

Greer v. State  
Date: April 12, 2012
Citation: 2012 Ark. 158
Docket Number: CR09-929

Justia Opinion Summary: A jury found Appellant Vince Greer guilty of internet stalking of a child and sentenced him to sixteen years' imprisonment. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief...

Scott v. State  
Date: April 12, 2012
Citation: 2012 Ark. 159
Docket Number: CR11-102

Justia Opinion Summary: Pursuant to a negotiated plea agreement, Appellant Mario Scott pled nolo contendere to first-degree murder. Appellant subsequently filed a petition for postconviction relief, alleging ineffective assistance of counsel an...

Sartin v. State  
Date: April 12, 2012
Citation: 2012 Ark. 155
Docket Number: CR11-606

Justia Opinion Summary: Appellant Antonio Sartin was tried and convicted by a jury of aggravated robbery and felony theft of property and sentenced as a habitual offender. The court of appeals affirmed Appellant's convictions. Appellant subsequ...

Ewells v. Constant  
Date: April 5, 2012
Citation: 2012 Ark. 148
Docket Number: 10-1121

Justia Opinion Summary: Appellant Damont Ewells, who was incarcerated, filed a civil complaint against Appellees, three law enforcement officers, seeking compensatory and punitive damages and injunctive relief. In his complaint, Appellant alleg...

Tarkington v. Norris  
Date: April 5, 2012
Citation: 2012 Ark. 147
Docket Number: 10-274

Justia Opinion Summary: After a jury trial, Appellant Johnny Tarkington was found guilty of aggravated robbery and sentenced, as a habitual offender, to life imprisonment. The Supreme Court affirmed. Appellant subsequently filed a pro se petiti...

In re Oral Argument
Date: April 5, 2012
Citation: 2012 Ark. 151
In Memory of Justice Thomas Glaze
Date: April 5, 2012
Citation: 2012 Ark. 152
In re Judges & Lawyers Assistance Program
Date: April 5, 2012
Citation: 2012 Ark. 153
Myers v. State  
Date: April 5, 2012
Citation: 2012 Ark. 143
Docket Number: CR11-111

Justia Opinion Summary: After a jury trial, Appellants Michael Myers and Scott Hall were convicted of several drug-related crimes. Appellants' convictions were affirmed by the court of appeals. Appellants subsequently filed petitions for postco...

Harrison v. State  
Date: April 5, 2012
Citation: 2012 Ark. 149
Docket Number: CR11-1221

Justia Opinion Summary: Appellant Phillip Harrison was convicted of two counts of theft of property. Appellant subsequently filed a pro se petition for postconviction relief. The trial court denied the petition, finding that it was not timely f...

Lambert v. State  
Date: April 5, 2012
Citation: 2012 Ark. 150
Docket Number: CR11-1251

Justia Opinion Summary: Appellant Corey Lambert was convicted on charges of attempted murder in the first degree, aggravated robbery, and theft of property. The court of appeals affirmed Appellant's convictions. Appellant subsequently filed a p...

Samples v. State  
Date: April 5, 2012
Citation: 2012 Ark. 146
Docket Number: CR11-217

Justia Opinion Summary: Appellant Steven Samples entered into a negotiated plea of guilty to six drug-related charges and was sentenced to 300 months' imprisonment. On December 2, 2009, a judgment-and-commitment order was entered reflecting App...

Rueda v. State  
Date: April 5, 2012
Citation: 2012 Ark. 144
Docket Number: CR11-366

Justia Opinion Summary: Following a jury trial, Appellant Julian Rueda was convicted of three drug-related offenses and was sentenced to a total of 600 months' imprisonment. The court of appeals affirmed his convictions and sentence. Appellant...

Keck v. State  
Date: April 5, 2012
Citation: 2012 Ark. 145
Docket Number: CR11-373

Justia Opinion Summary: Appellant Carlos Keck was convicted of rape and sentenced to twenty-five years' imprisonment. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief, asserting that his trial cou...

Eubanks v. State  
Date: April 5, 2012
Citation: 2012 Ark. 142
Docket Number: CR11-406

Justia Opinion Summary: William Eubanks was convicted of rape and sentenced to life imprisonment. Eubanks subsequently filed a petition for postconviction relief, asserting that his trial counsel was ineffective for failing to challenge his pro...

Jewell v. Fletcher  
Date: March 29, 2012
Citation: 2012 Ark. 132
Docket Number: 11-1062

Justia Opinion Summary: In this corporate-dissolution action, the circuit court awarded the estate of Michael Sims a personal judgment against Barry Jewell, a former shareholder of the dissolved corporation of Jewell, Moser, Fletcher & Holleman...

Givens v. Greene
Date: March 29, 2012
Citation: 2012 Ark. 135
Docket Number: 11-1114
Richard v. Union Pac. R.R. Co.  
Date: March 29, 2012
Citation: 2012 Ark. 129
Docket Number: 11-650

Justia Opinion Summary: Donnell Richard filed a complaint in the federal district court in Texas against Union Pacific alleging that, during the course and scope of his employment, he suffered physical injuries because of Union Pacific's neglig...

Paschal v. State (Majority, with Concurring and Dissenting)  
Date: March 29, 2012
Citation: 2012 Ark. 127
Docket Number: 11-673

Justia Opinion Summary: Appellant David Paschal was convicted of four counts of second-degree sexual assault and one count of witness bribery. The Supreme Court affirmed in part, reversed and remanded in part, and reversed and dismissed in part...

Carnegie Pub. Library of Eureka Springs v. Carrroll County  
Date: March 29, 2012
Citation: 2012 Ark. 128
Docket Number: 11-784

Justia Opinion Summary: The Carnegie Public Library is located within Carroll County. It and two other libraries within the county are maintained through funds generated by an ad valorem tax. Appellees, the county officials responsible for dist...

Middleton v. Lockhart  
Date: March 29, 2012
Citation: 2012 Ark. 131
Docket Number: 11-790

Justia Opinion Summary: In the early 1990s Appellant Kenneth Middleton was convicted of murdering his wife and sentenced to life in prison. In 1992, a default judgment was entered against Appellant in a wrongful death action brought by Appellee...

NISHA LLC v. TriBuilt Constr. Group, LLC  
Date: March 29, 2012
Citation: 2012 Ark. 130
Docket Number: 11-927

Justia Opinion Summary: This case began as a dispute over construction costs between Appellee TriBuilt Construction Group, LLC and Appellants NISHA, LLC and Centennial Bank. After Appellee filed suit against Appellants, the circuit court ordere...

In re Sup. Ct. Comm. on Model Jury Instructions-Crim. (Per Curiam)
Date: March 29, 2012
Citation: 2012 Ark. 138
Hoover v. State  
Date: March 29, 2012
Citation: 2012 Ark. 136
Docket Number: CR02-1150

Justia Opinion Summary: Petitioner Robert Hoover was convicted of capital murder and aggravated robbery and was sentenced to two life sentences. Hoover subsequently petitioned the Supreme Court to reinvest jurisdiction in the trial court to con...

Romero v. State  
Date: March 29, 2012
Citation: 2012 Ark. 133
Docket Number: CR10-600

Justia Opinion Summary: A jury convicted Appellants Angel Romero and Conrado Cordona-Duarte of possession of cocaine with intent to deliver and possession of drug paraphernalia. The court of appeals affirmed Appellants' felony drug convictions,...

Goodwin v. Keaton  
Date: March 29, 2012
Citation: 2012 Ark. 137
Docket Number: CR11-1186

Justia Opinion Summary: After a jury trial, Charles Goodwin was convicted of attempted capital-felony murder with aggravated robbery as the underlying offense and sentenced to life imprisonment. Petitioner timely filed a pro se petition for pos...

Gulley v. State
Date: March 29, 2012
Citation: 2012 Ark. 134
Docket Number: CR11-271
Tyson Poultry Inc. v. Narvaiz  
Date: March 15, 2012
Citation: 2012 Ark. 118
Docket Number: 11-3

Justia Opinion Summary: Employee had previously been injured on the job and was working on light duty when Employer terminated Employee's employment due to insubordination and gross misconduct. The ALJ denied Employee's claim for temporary-tota...

Grand Valley Ridge LLC v. Metropolitan Nat'l Bank  
Date: March 15, 2012
Citation: 2012 Ark. 121
Docket Number: 11-483

Justia Opinion Summary: Metropolitan National Bank (MNB) loaned Grand Valley Ridge several million dollars for the completion of a subdivision. After Grand Valley failed to make its interest payments, MNB filed a petition for foreclosure. Grand...

Thomas v. City of Fayetteville  
Date: March 15, 2012
Citation: 2012 Ark. 120
Docket Number: 11-930

Justia Opinion Summary: The City filed a complaint in eminent domain against Zara Thomas, trustee of two revocable trusts, and a motion for an order of immediate possession, seeking to procure a portion of Thomas's property for the purpose of c...

Bennett & Deloney P.C. v. State  
Date: March 15, 2012
Citation: 2012 Ark. 119
Docket Number: 11-931

Justia Opinion Summary: The State brought a consumer-protection action against Bennett & DeLoney, a Utah law firm, and the owners and principals thereof to redress and restrain alleged violations of the Arkansas Deceptive Trade Practices Act (A...

Williams v. Helena Reg'l Med. Ctr.  
Date: March 15, 2012
Citation: 2012 Ark. 126
Docket Number: 12-113

Justia Opinion Summary: Petitioner Al Williams tendered a pro se motion for rule on clerk, seeking to file a motion for belated appeal of a civil order without a certified record. A few days later, Petitioner filed the instant motion to proceed...

Daniels v. State  
Date: March 15, 2012
Citation: 2012 Ark. 124
Docket Number: CACR07-647

Justia Opinion Summary: Petitioner David Daniels was found guilty by a jury of possession of a controlled substance and possession of drug paraphernalia. The court of appeals affirmed. Petitioner subsequently filed a pro se motion seeking at pu...

Sevier v. State
Date: March 15, 2012
Citation: 2012 Ark. 122
Docket Number: CR09-1396
Aaron v. State  
Date: March 15, 2012
Citation: 2012 Ark. 125
Docket Number: CR11-953 & CR11-1097

Justia Opinion Summary: Appellant Barry Aaron received two life sentences for his convictions on charges of kidnapping and rape. Appellant subsequently filed two pro se motions referencing an action under Ark. Code Ann. 16-112-201 to -208, or A...

Culbertson v. State  
Date: March 8, 2012
Citation: 2012 Ark. 112
Docket Number: 11-1166

Justia Opinion Summary: Appellant Billy Culbertson, who was incarcerated at the Arkansas Department of Correction located in Lee County, filed a pro se petition for writ of habeas corpus in the Lee County circuit court. The petition pertained t...

Ligon v. Bennett (Other)
Date: March 8, 2012
Citation: 2012 Ark. 111
Docket Number: 11-1259
Bulsara v. Watkins (Majority, with Concurring and Dissenting)  
Date: March 8, 2012
Citation: 2012 Ark. 108
Docket Number: 11-230

Justia Opinion Summary: Ketan Bulsara filed a medical-malpractice and wrongful-death action against Dr. Julia Watkins stemming from the stillbirth of his child. A jury returned a judgment in favor of Dr. Watkins. The trial court subsequently de...

Ark. Office of Child Support Enforcement v. Perry  
Date: March 8, 2012
Citation: 2012 Ark. 106
Docket Number: 11-948

Justia Opinion Summary: A paternity complaint was filed against Appellee, alleging that he was the father of a child. A default judgment was later entered against Appellee ordering him to pay child support. More than fourteen years later and af...

Dockery v. State  
Date: March 8, 2012
Citation: 2012 Ark. 109
Docket Number: CR10-153

Justia Opinion Summary: Appellant Yvonne Dockery pled no contest to one count of theft pursuant to a negotiated plea. On October 26, Appellant filed a motion to withdraw her no-contest plea. On October 30, the circuit court denied the motion af...

Gulley v. State (Other)
Date: March 8, 2012
Citation: 2012 Ark. 110
Docket Number: CR11-271
State v. Tyson (Majority, with Dissenting)  
Date: March 8, 2012
Citation: 2012 Ark. 107
Docket Number: CR11-713

Justia Opinion Summary: After receiving complaints of narcotic activity, patrol officers began to watch an area around a trailer. An officer opened three trash bags from a nearby dumpster to investigate the names of the adults living in the tra...

Samontry v. State  
Date: March 8, 2012
Citation: 2012 Ark. 105
Docket Number: CR11-985

Justia Opinion Summary: This interlocutory appeal stemmed from the circuit court's disqualification of Reggie Koch as counsel for appellants, Ae Samontry and Pornpiemon Phouangmany. Appellants were charged with prostitution and promoting prosti...

Rueda v. State
Date: March 5, 2012
Citation: 2012 Ark. 104
Docket Number: CR11-366
Kelley v. Norris  
Date: March 1, 2012
Citation: 2012 Ark. 86
Docket Number: 10-127

Justia Opinion Summary: Joe Kelley was sentenced to five years' imprisonment by the Fourth Division circuit court on conviction of a terroristic act. Subsequently, Kelley was convicted of forgery in the Second Division circuit court and receive...

Brown v. Brown  
Date: March 1, 2012
Citation: 2012 Ark. 89
Docket Number: 11-1129

Justia Opinion Summary: Wife and Husband gave birth to a daughter, after which Husband filed for a divorce. The divorce decree filed by the circuit court provided that Wife would be granted custody of the child and adopted a limited visitation...

In re Appointment of a Temp. Guardian for Baby Boy B
Date: March 1, 2012
Citation: 2012 Ark. 90
Docket Number: 11-356
In re Adoption of Baby Boy B. (Majority, with Concurring)  
Date: March 1, 2012
Citation: 2012 Ark. 92
Docket Number: 11-374

Justia Opinion Summary: After Mother got pregnant, she told Father she wanted to put the baby up for adoption. Mother subsequently moved several times without telling Father her location. Father filed with the putative-father registries in four...

Deer-Mt. Judea Sch. Dist. v. Beebe  
Date: March 1, 2012
Citation: 2012 Ark. 93
Docket Number: 11-671

Justia Opinion Summary: Appellant school district filed an action on its own behalf and on behalf of its students and taxpayers to enjoin State actions in violation of state law and the Arkansas Constitution, asserting two claims for relief. Th...

Fluker v. Helena W.-Helena Pub. Sch. Dist.
Date: March 1, 2012
Citation: 2012 Ark. 101
Docket Number: 11-793
City of Clinton v. S. Paramedic Servs., Inc.  
Date: March 1, 2012
Citation: 2012 Ark. 88
Docket Number: 11-870

Justia Opinion Summary: This case began as a criminal action filed by the City of Clinton against Southern Paramedic Services, alleging that Southern Paramedic violated two of the City ordinances prohibiting an entity from engaging in the ambul...

Mann v. Ark. Dep't of Human Servs.  
Date: March 1, 2012
Citation: 2012 Ark. 96
Docket Number: CA12-12

Justia Opinion Summary: The circuit court entered an order denying Jimmy Mann's petition to intervene in a dependency-neglect case. Mann filed an unsigned notice of appeal belatedly. The Arkansas Department of Human Services (DHS) moved to dism...

Loggins v. State  
Date: March 1, 2012
Citation: 2012 Ark. 97
Docket Number: CR09-788

Justia Opinion Summary: Petitioner Robert Loggins was found guilty by a jury of several drug-related crimes. The Supreme Court affirmed. Petitioner subsequently filed a pro se petition to reinvest jurisdiction in the trial court to consider a p...

Springs v. State  
Date: March 1, 2012
Citation: 2012 Ark. 87
Docket Number: CR09-824

Justia Opinion Summary: Appellant was charged with capital murder and two counts of aggravated assault. Appellant was convicted of all three charges and sentenced to death on the murder charge. Thereafter, Appellant filed a timely petition for...

Schniepp v. State  
Date: March 1, 2012
Citation: 2012 Ark. 94
Docket Number: CR10-174

Justia Opinion Summary: Appellant Michael Schniepp pled guilty to manufacturing methamphetamine, possession of methamphetamine with intent to deliver, simultaneous possession of drugs and firearms, possession of a firearm by certain persons, an...

Perry v. State  
Date: March 1, 2012
Citation: 2012 Ark. 98
Docket Number: CR11-1059

Justia Opinion Summary: Appellant Michael Perry entered a plea of guilty to aggravated residential burglary, aggravated robbery, battery in the second degree, aggravated assault, misdemeanor theft of property, and misdemeanor interference with...

Turner v. State  
Date: March 1, 2012
Citation: 2012 Ark. 99
Docket Number: CR11-1068

Justia Opinion Summary: Appellant Corey Turner was convicted, by way of an entry of a negotiated guilty plea in circuit court, on charges of delivery of hydrocodone and first-degree endangering the welfare of a minor. Appellant subsequently fil...

Carroll v. State  
Date: March 1, 2012
Citation: 2012 Ark. 100
Docket Number: CR11-1217

Justia Opinion Summary: Appellant Conray Carroll pled guilty to rape, for which he was sentenced as a habitual offender to 720 months' imprisonment. Approximately fourteen years later, Appellant filed a pro se motion for depositions and discove...

Justus v. State (Majority, with Concurring)  
Date: March 1, 2012
Citation: 2012 Ark. 91
Docket Number: CR11-695

Justia Opinion Summary: Ricky Justus pled guilty to two counts of false imprisonment, theft of property, and domestic battery and was sentenced to the maximum sentence. The court of appeals affirmed. More than five years later, Justus pro se fi...

Craigg v. State
Date: March 1, 2012
Citation: 2012 Ark. 95
Docket Number: CR12-128
Ligon v. Jenkins
Date: February 23, 2012
Citation: 2012 Ark. 78
Docket Number: 11-1260
Hotfoot Logistics LLC v. Shipping Point Mktg., Inc.  
Date: February 23, 2012
Citation: 2012 Ark. 76
Docket Number: 11-425

Justia Opinion Summary: Shipping Point Marketing (SPM), an independent shipper, and three other independent shippers engaged Western Brokerage (Western) to arrange for he transportation of produce from Arizona to Pennsylvania and New York. Hotf...

Bedell v. Williams  
Date: February 23, 2012
Citation: 2012 Ark. 75
Docket Number: 11-664

Justia Opinion Summary: Appellants, Little Rock Healthcare (LRHC), a nursing care facility; Donald Bedell, the sole member of the governing body for LRHC; and Heartland Personnel Leasing, appealed from a judgment in favor of Appellee Brenda Wil...

State v. S.L.  
Date: February 23, 2012
Citation: 2012 Ark. 73
Docket Number: 11-753

Justia Opinion Summary: S.L. was charged with one count of rape in the juvenile division of the circuit court. Before the adjudication hearing, S.L. filed a motion to dismiss for violation of his right to a speedy trial, which the circuit court...

Fudge v. Hobbs  
Date: February 23, 2012
Citation: 2012 Ark. 80
Docket Number: 11-945

Justia Opinion Summary: Appellant was found guilty by a jury of capital murder and sentenced to death. In subsequent proceedings under Ark. R. Crim. P. 37.5, the trial court granted Appellant a new sentencing hearing based upon trial counsel's...

In re Admin. Order No. 19-Proposed Amends.
Date: February 23, 2012
Citation: 2012 Ark. 81
Docket Number: 16-10
In re Attorney Oath of Admission
Date: February 23, 2012
Citation: 2012 Ark. 82
In re Ark. R. Crim. P.
Date: February 23, 2012
Citation: 2012 Ark. 83
In re Rules of Civ. P. 3 & 72
Date: February 23, 2012
Citation: 2012 Ark. 84
Sullivan v. State (Majority, with Concurring)  
Date: February 23, 2012
Citation: 2012 Ark. 74
Docket Number: CR11-1026

Justia Opinion Summary: Appellant Cameka Sullivan was convicted of permitting the abuse of her minor child and hindering the apprehension or prosecution of her child's abuser and sentenced to a cumulative sentence of 216 months' imprisonment. T...

Thomas v. State  
Date: February 23, 2012
Citation: 2012 Ark. 79
Docket Number: CR11-1085

Justia Opinion Summary: Appellant Tony Thomas entered a plea of guilty in the circuit court to aggravated robbery and theft of property and was sentenced to serve an aggregate term of 240 months' imprisonment. Appellant subsequently filed a pro...

Gulley v. State
Date: February 23, 2012
Citation: 2012 Ark. 77
Docket Number: CR11-271
Thomas v. Hall  
Date: February 16, 2012
Citation: 2012 Ark. 66
Docket Number: 11-1199

Justia Opinion Summary: An incident at a restaurant resulted in the use of force by police Police Lieutenant David Hudson against Chris Erwin. Erwin was charged with three misdemeanor offenses. Hudson then wrote a use-of-force report to his sup...

City of Clinton v. S. Paramedic Servs. Inc.
Date: February 16, 2012
Citation: 2012 Ark. 72
Docket Number: 11-870
Heard v. State  
Date: February 16, 2012
Citation: 2012 Ark. 67
Docket Number: CR10-808

Justia Opinion Summary: In two separate cases, Appellant Brian Heard entered negotiated pleas to a total of four counts of delivery of a controlled substance as to various drugs and that eleven other charges were nolle prossed. Appellant timely...

Terrell v. State  
Date: February 16, 2012
Citation: 2012 Ark. 69
Docket Number: CR11-1089

Justia Opinion Summary: Appellant Terrell Davis pleaded guilty to multiple felony offenses. Ninety-five days after the judgments were entered-of-record, Appellant filed in the trial court a pro se petition for postconviction relief pursuant to...

Timothy. v. State  
Date: February 16, 2012
Citation: 2012 Ark. 70
Docket Number: CR11-1176

Justia Opinion Summary: Petitioner Timothy Davis entered a plea of guilty to capital murder and was sentenced to life imprisonment without parole. Davis subsequently filed a petition for postconviction relief, which the trial court denied on it...

Wedgeworth v. State  
Date: February 16, 2012
Citation: 2012 Ark. 63
Docket Number: CR11-416

Justia Opinion Summary: James Wedgeworth was convicted of capital murder and sentenced to life without parole. The Supreme Court affirmed the conviction and sentence entered in this case, holding (1) Wedgeworth's argument that the circuit court...

Ellis v. State  
Date: February 16, 2012
Citation: 2012 Ark. 65
Docket Number: CR11-604

Justia Opinion Summary: Appellant Tyrone Ellis was convicted of first-degree murder and felon in possession of a firearm and was sentenced to life in prison. Ellis appealed, contending (1) the evidence was insufficient to support his conviction...

Webb v. State  
Date: February 16, 2012
Citation: 2012 Ark. 64
Docket Number: CR11-818

Justia Opinion Summary: Appellant Vincent Webb was convicted of the kidnapping and rape of a twelve-year-old girl and was sentenced as a habitual offender to concurrent sentences of forty years and life imprisonment. Appellant appealed, contend...

Goff v. State  
Date: February 16, 2012
Citation: 2012 Ark. 68
Docket Number: CR97-135

Justia Opinion Summary: Petitioner Belynda Goff was found guilty by a jury of first-degree murder in the death of her husband and was sentenced to life imprisonment. Petitioner subsequently requested that the Supreme Court reinvest jurisdiction...

Reed v. Hobbs  
Date: February 9, 2012
Citation: 2012 Ark. 61
Docket Number: 11-1081

Justia Opinion Summary: Appellant Anthony Reed was found guilty by a jury of aggravated robbery, theft of property, and two counts of second-degree battery. The court of appeals affirmed. Appellant subsequently filed a pro se petition for writ...

Crafton, Tull, Sparks & Assocs. v. Ruskin Heights, LLC  
Date: February 9, 2012
Citation: 2012 Ark. 56
Docket Number: 11-226

Justia Opinion Summary: Appellant Crafton, Tull, Sparks & Associates (CTSA) appealed an order of the circuit court granting summary judgment against CTSA and finding that CTSA's lien was second in priority to Appellee Metropolitan National Bank...

Paulino v. QHG of Springdale, Inc.  
Date: February 9, 2012
Citation: 2012 Ark. 55
Docket Number: 11-26

Justia Opinion Summary: Appellants, Theresa and Eddie Paulino, filed an action against Appellees, QHG of Springdale and NorthWest Arkansas Hospitals (collectively, NMC), for negligent credentialing and negligent retention after three surgeries...

Ark. Dep't of Human Servs. v. Shelby  
Date: February 9, 2012
Citation: 2012 Ark. 54
Docket Number: 11-946

Justia Opinion Summary: This case arose from a dependency-neglect proceeding. After a permanency-planning hearing was set, the circuit court discovered that the Department of Human Services (DHS) had failed to draft and put into place a case pl...

Simmons v. State  
Date: February 9, 2012
Citation: 2012 Ark. 58
Docket Number: CR10-716

Justia Opinion Summary: Appellant Joe Simmons was convicted on drug-related charges and failure to appear. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief, alleging ineffective assistance of tria...

Abernathy v. State  
Date: February 9, 2012
Citation: 2012 Ark. 59
Docket Number: CR10-941

Justia Opinion Summary: Appellant Routy Abernathy was convicted of two counts of rape. Appellant subsequently filed a pro se petition for postconviction relief, raising a number of claims of ineffective assistance of counsel. The trial court de...

Cannon v. State
Date: February 9, 2012
Citation: 2012 Ark. 60
Docket Number: CR11-1256
Meadows v. State  
Date: February 9, 2012
Citation: 2012 Ark. 57
Docket Number: CR11-602

Justia Opinion Summary: Following a jury trial, Appellant Vadarian Meadows was found guilty of capital murder, residential burglary, and theft of property. For reversal, Appellant contended (1) the evidence was not sufficient to support his con...

Ashby v. State  
Date: February 2, 2012
Citation: 2012 Ark. 48
Docket Number: 11-1148

Justia Opinion Summary: Appellant Clarence Ashby was found guilty of rape, for which a sentence of thirty years' imprisonment was imposed. The court of appeals affirmed. Appellant subsequently filed a pro se petition for writ of habeas corpus,...

Daniel v. Spivey  
Date: February 2, 2012
Citation: 2012 Ark. 39
Docket Number: 11-152

Justia Opinion Summary: Child was born to Appellant and her former husband. When Appellant and her former husband divorced, Appellant was given custody of Child. Appellant subsequently married Appellee. Appellant later filed for divorce from Ap...

Yanmar Co. Ltd. v. Slater  
Date: February 2, 2012
Citation: 2012 Ark. 36
Docket Number: 11-370

Justia Opinion Summary: Rudolph Slater was killed while operating a Yanmar tractor he purchased from Chris Elder Enterprises. The tractor had been manfactured by Yanmar Japan and later sold to Chris Elder Enterprises. Slater's wife, Wanda, file...

Ark. Dep't of Human Servs. v. Civitan Ctr., Inc.  
Date: February 2, 2012
Citation: 2012 Ark. 40
Docket Number: 11-574

Justia Opinion Summary: Civitan Center, Inc. brought a declaratory judgment action against the Division of Developmental Disabilities Services of the Arkansas Department of Human Services (DDS). Civitan, a corporation licensed by DDS to operate...

In re Rules of Civ. P.
Date: February 2, 2012
Citation: 2012 Ark. 49
Pinder v. State  
Date: February 2, 2012
Citation: 2012 Ark. 45
Docket Number: CR02-1289

Justia Opinion Summary: After a jury trial, Petitioner Steven Pinder was found guilty of two counts of rape and sentenced to life imprisonment. The Supreme Court affirmed. Petitioner subsequently filed a petition in the Supreme Court seeking to...

Menne v. State (Majority)  
Date: February 2, 2012
Citation: 2012 Ark. 37
Docket Number: CR10-1304

Justia Opinion Summary: After a jury trial, Appellant Lesa Menne was found guilty of possession of drug paraphernalia with the intent to use, and possession of marijuana. On appeal, Menne challenged the circuit court's denial of her motion to s...

Menne v. State  
Date: February 2, 2012
Citation: 2012 Ark. 37
Docket Number: CR10-1304

Justia Opinion Summary: After Lesa Menne was stopped for a traffic violation, a law enforcement officer searched her vehicle and discovered illegal drugs. Menne was charged with possession of marijuana, possession of drug paraphernalia, and pos...

Jackson v. State  
Date: February 2, 2012
Citation: 2012 Ark. 41
Docket Number: CR10-313

Justia Opinion Summary: Appellant Dwight Jackson pled guilty to one count of delivery of a counterfeit substance and was sentenced by the circuit court to ninety-six months' imprisonment. Appellant subsequently filed a petition for postconvicti...

Strain v. State  
Date: February 2, 2012
Citation: 2012 Ark. 42
Docket Number: CR10-888

Justia Opinion Summary: Appellant Ricky Strain was convicted by a jury of first-degree murder and was sentenced to 300 months' incarceration. Appellant subsequently filed a timely petition for postconviction relief, which the trial court denied...

Tolliver v. State  
Date: February 2, 2012
Citation: 2012 Ark. 46
Docket Number: CR11-1183

Justia Opinion Summary: Appellant Darcel Tolliver entered in the circuit court a plea of guilty to multiple felony offenses. Appellant was sentenced as a habitual offender to 240 months' imprisonment. Appellant subsequently filed a pro se petit...

Johnson v. State  
Date: February 2, 2012
Citation: 2012 Ark. 47
Docket Number: CR11-1191

Justia Opinion Summary: Petitioner Mitchell Johnson entered a plea of guilty to financial identity fraud, theft by receiving, and misdemeanor possession of a controlled substance. Petitioner subsequently filed a timely pro se petition for postc...

Jones v. State  
Date: February 2, 2012
Citation: 2012 Ark. 38
Docket Number: CR11-576

Justia Opinion Summary: After a jury trial, Appellant Rodney Jones was convicted of capital murder in the shooting death of his ex-wife. The jury sentenced Appellant to life imprisonment without parole. The Supreme Court affirmed the conviction...

Green v. State
Date: February 2, 2012
Citation: 2012 Ark. 43
Docket Number: CR12-34
Martin v. State  
Date: February 2, 2012
Citation: 2012 Ark. 44
Docket Number: CR95-1314

Justia Opinion Summary: Petitioner Lawrence Martin was convicted of capital murder. The Supreme Court affirmed. Petitioner subsequently petitioned the Court to reinvest jurisdiction in the trial court to consider a petition for writ of error co...

Unimeks LLC v. Purolite (Majority)  
Date: January 26, 2012
Citation: 2012 Ark. 20
Docket Number: 11-371

Justia Opinion Summary: Appellee filed a complaint against Appellant, alleging the nonpayment of goods totaling $713,970. Appellant did not answer the complaint, and the circuit court entered a default judgment awarding the amount alleged in th...

Ark. Lottery Comm'n v. Alpha Marketing (Majority, with Dissenting)  
Date: January 26, 2012
Citation: 2012 Ark. 23
Docket Number: 11-383

Justia Opinion Summary: At issue in this case were three trademarks registered to Plaintiff by the secretary of state. Plaintiff filed an amended complaint for declaratory judgment, seeking a determination that its trademarks were valid and tha...

Williams v. Norris (Per Curiam)  
Date: January 26, 2012
Citation: 2012 Ark. 30
Docket Number: 11-605

Justia Opinion Summary: Appellant Rodney Williams was found guilty by a jury of felony murder in the first degree and aggravated robbery. The Supreme Court affirmed his convictions and sentences. Appellant subsequently filed a petition for writ...

Ligon v. Clouette (Majority)
Date: January 26, 2012
Citation: 2012 Ark. 21
Docket Number: 11-770
Bohot v. State Farm Mut. Auto. Ins. Co. (Majority)  
Date: January 26, 2012
Citation: 2012 Ark. 22
Docket Number: 11-881

Justia Opinion Summary: Employee was injured in an automobile accident while working for Employer. Employer had a state-certified workers' compensation plan in effect that provided coverage to Employee, and some of Employee's medical bills were...

In re Ark. Sup. Ct. Comm. on Crim. Practice
Date: January 26, 2012
Citation: 2012 Ark. 31
In re Ark. Continuing Legal Education Bd.
Date: January 26, 2012
Citation: 2012 Ark. 32
Green v. State (Majority)  
Date: January 26, 2012
Citation: 2012 Ark. 19
Docket Number: CR10-369

Justia Opinion Summary: Appellant Charles Green was convicted of four counts of rape and one count of terroristic threatening in the first degree. The Supreme Court affirmed, holding (1) the circuit court did not abuse its discretion in denying...

Goodwin v. State (Per Curiam)
Date: January 26, 2012
Citation: 2012 Ark. 28
Docket Number: CR11-1186
Kinard v. State (Per Curiam)  
Date: January 26, 2012
Citation: 2012 Ark. 29
Docket Number: CR11-1187

Justia Opinion Summary: Petitioner Mychael Kinard entered a conditional plea to simultaneous possession of drugs and firearms and possession of a controlled substance with intent to deliver. The plea was entered on July 13, 2010, at which time...

Watson v. State (Per Curiam)  
Date: January 26, 2012
Citation: 2012 Ark. 27
Docket Number: CR11-148

Justia Opinion Summary: Appellant Sherman Watson appealed the denial of his pro se petition for postconviction relief and filed a number of motions regarding the appeal. The Supreme Court dismissed Appellant's petition for writ of certiorari an...

Olivarez v. State (Per Curiam)  
Date: January 26, 2012
Citation: 2012 Ark. 24
Docket Number: CR11-215

Justia Opinion Summary: Appellant Jonathan Olivarez pled guilty to charges of delivery of methamphetamine, attempted murder in the first degree, and being a felon in possession of a firearm. Appellant timely filed a petition for postconviction...

Mancia v. State (Per Curiam)
Date: January 26, 2012
Citation: 2012 Ark. 25
Docket Number: CR11-556
Federick v. State (Per Curiam)
Date: January 26, 2012
Citation: 2012 Ark. 26
Docket Number: CR12-30
Independence County v. City of Clarksville (Majority)  
Date: January 19, 2012
Citation: 2012 Ark. 17
Docket Number: 11-268

Justia Opinion Summary: Independence County and the City of Clarksville entered into a power purchase and sale agreement that included an arbitration provision. After the City informed the County that it was going to terminate the agreement, th...

Broussard v. St. Edward Mercy Health Sys. (Majority)  
Date: January 19, 2012
Citation: 2012 Ark. 14
Docket Number: 11-561

Justia Opinion Summary: Teresa Broussard brought a medical malpractice action against, inter alia, Dr. Stephen Seffense and Dr. Michael Coleman, Jr. after she developed and was treated for a burn following a surgery. The circuit court entered j...

Smith v. Hobbs (Per Curiam)  
Date: January 19, 2012
Citation: 2012 Ark. 18
Docket Number: 11-579

Justia Opinion Summary: Appellant, an inmate incarcerated in the state Department of Correction, filed a pro se petition for writ of habeas corpus in the county where he was incarcerated, alleging several grounds for the writ. The circuit court...

Twin Rivers Health & Rehab, LLC v. Health Servs. Permit Comm'n (Majority)  
Date: January 19, 2012
Citation: 2012 Ark. 15
Docket Number: 11-740

Justia Opinion Summary: The Arkansas Health Services Permit Commission awarded Hospitality Care Center a permit of approval (POA) for a nursing facility. Gracewood Nursing and Rehabilitation Center subsequently requested approval from the Commi...

Brodie v. City of Jonesboro (Majority, with Concurring)  
Date: January 12, 2012
Citation: 2012 Ark. 5
Docket Number: 11-563

Justia Opinion Summary: Monica Brodie, an African-American female, was employed by the City of Jonesboro when she applied for a promotion. When she was informed that she was not be receiving the promotion, she submitted a letter of resignation....

May v. Akers-Lang (Majority)  
Date: January 12, 2012
Citation: 2012 Ark. 7
Docket Number: 11-652

Justia Opinion Summary: Appellant Taxpayers were the owners of all or a portion of the oil, gas and other minerals in, on, and under each of their real property located in the counties party to this lawsuit. Taxpayers filed a complaint against...

Faigin v. Diamante LLC (Majority)  
Date: January 12, 2012
Citation: 2012 Ark. 8
Docket Number: 11-691

Justia Opinion Summary: The Faigins owned a lot in the Diamante subdivision. Diamante asserted a lien on the Faigins' lot for failure to pay monthly membership dues and thereafter filed a complaint in foreclosure on the lot. The Faigins filed a...

Riddell v. State (Per Curiam)  
Date: January 12, 2012
Citation: 2012 Ark. 11
Docket Number: CR11-1037

Justia Opinion Summary: Appellant Marion Riddell was found guilty by a jury of rape and sentenced to life imprisonment. The Supreme Court affirmed. One hundred and sixty-eight days after the Court's mandate issued, Appellant filed in the trial...

Delgado v. State (Per Curiam)  
Date: January 12, 2012
Citation: 2012 Ark. 9
Docket Number: CR11-1252

Justia Opinion Summary: Lydia Delgadio was convicted and sentenced for possession of drug paraphernalia and possession of methamphetamine with intent to deliver. The circuit court denied Delgado's petition for postconviction relief. Delgado fil...

Lynn v. State  
Date: January 12, 2012
Citation: 2012 Ark. 6
Docket Number: CR11-161

Justia Opinion Summary: Appellant Sarah Lynn entered a negotiated plea of guilty to possession of marijuana and possession of drug paraphernalia. A judgment and disposition order showed that Lynn had entered a negotiated plea of guilty or nolo...

Hendrix v. State (Per Curiam)  
Date: January 12, 2012
Citation: 2012 Ark. 10
Docket Number: CR11-866

Justia Opinion Summary: Appellant Milton Hendrix was found guilty by a jury of second-degree sexual assault, a felony, and fourth-degree sexual assault, a misdemeanor. Appellant subsequently filed a pro se petition for postconviction relief, wh...

Thomas v. Hall (Per Curiam)
Date: January 11, 2012
Citation: 2012 Ark. 4
Docket Number: 11-1199
BDO Seidman, LLP v. SSW Holding Co. (Majority)  
Date: January 5, 2012
Citation: 2012 Ark. 1
Docket Number: 11-165

Justia Opinion Summary: SSW Holding filed a complaint against BDO Seidman and other defendants, asserting several causes of action and seeking damages arising from a tax-advantaged investment strategy involving investments in distressed debt th...

Jordan v. State (Per Curiam)
Date: January 5, 2012
Citation: 2012 Ark. 3
Docket Number: CR11-1209
Sey v. State (Per Curiam)
Date: January 5, 2012
Citation: 2012 Ark. 2
Docket Number: CR11-776
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