Arkansas Supreme Court

The Arkansas Supreme Court released opinions Thursday. The court's ruling and the names of the cases are reprinted here. The full opinions and other court proceedings, including per curiam decisions, orders and submissions, can be found on the Internet at courts.state.ar.us.

PROCEEDINGS OF , 2018

CHIEF JUSTICE JOHN DAN KEMP

CR-17-1003. Kenneth Roshell Isom v. State of Arkansas, from Drew County Circuit Court. Affirmed. Hart and Wood, JJ., dissent.

CV-18-391. James E. Whitney v. Wells, Gayden, Lloyd, and Brooks, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

CV-18-405. James E. Whitney v. Jamie Cruce, Donald Compton, Claudia M. Harris, Keith Waddle, Randall Watson, Raymond Naylor, and Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

CV-18-407. James E. Whitney v. Carolyn Wallace, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

JUSTICE JOSEPHINE LINKER HART

CR-07-8. Anthony Jerome Fitzgerald v. Gregory Neal Robinson, from Jefferson County Circuit Court. Petitioner's pro se motion requesting copies of records; notice of application for judgment; and motion for default judgment; motion requesting leave to amend motion requesting records. Response ordered; notice of application for judgment moot; motion for default judgment denied; motion requesting leave to amend motion requesting records denied. Kemp, C.J., Wood and Womack, JJ., dissent.

CR-18-177. Mo Shay v. State of Arkansas, from Johnson County Circuit Court. Reversed and remanded; court of appeals opinion vacated. Goodson, J., concurs. Wood and Womack, JJ., dissent.

JUSTICE SHAWN A. WOMACK

CR-18-493. Gary Robinson v. State of Arkansas, from Faulkner County Circuit Court. Appellant's pro se motion to file a belated brief. Appeal dismissed; motion moot.

CV-18-245. Ben Grimes v. State of Arkansas, from Lee County Circuit Court. Affirmed.

JUSTICE KAREN R. BAKER

CR-97-1344. Androus Hall v. State of Arkansas, from Phillips County Circuit Court. Petitioner's pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. Hart, J., concurs.

JUSTICE COURTNEY HUDSON GOODSON

CR-00-1360. Rodney Bunch v. State of Arkansas, from Pulaski County Circuit Court, Sixth Division. Petitioner's pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis; pro se motion for sanctions to be placed upon the office of the Attorney General for the State of Arkansas for violation of Rule 11 of the Arkansas Rules of Appellate Procedure --Civil. Petition denied; motion for sanctions denied.

CR-18-107. Cecil D. Beene v. State of Arkansas, from Pulaski County Circuit Court, Fourth Division. Petitioner's pro se motion for belated appeal and rule on clerk. Motion treated as motion for belated appeal and denied.

CV-17-385. Russell Berger v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Remanded for findings of fact.

CV-18-144. Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Affirmed. Hart, J., concurs.

CV-18-384. James Edward Whitney v. Wendy Kelley, Director, Arkansas Department of Correction, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Remanded for additional findings; motion moot. Kemp, C.J., and Wood, J., dissent.

CV-18-385. James E. Whitney v. Asa Hutchinson, Governor, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot.

CV-18-392. James E. Whitney v. Washington County, Arkansas; Washington County, Arkansas, Sheriff's Office; and Sheriff Tim Helder, Sgt. Kenneth Albright, Detective Yvette Schrock, Detective Steven Hulsey, Deputy Melancon, Deputy Hammersla, and Cpl. Bruce Strain, Individually, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

CV-18-396. James E. Whitney v. Unknown Jenkins, Donald Compton, Randall Watson, and Rory Griffin, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

JUSTICE ROBIN F. WYNNE

CR-07-277. Jimmy Smith v. State of Arkansas, from Pulaski County Circuit Court, Fifth Division. Petitioner's pro se second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied.

CV-18-223. Arkansas Oil & Gas Commission; Lawrence Bengal, in His Official Capacity as Director of the Arkansas Oil & Gas Commission; W. Frank Morledge, Mike Davis, Lee Dawkins, Jerry Langley, Jim Phillips, Chris Weiser, Timothy Smith, Charles Wohlford, and Thomas McWilliams, in Their Official Capacities as Commissioners of the Arkansas Oil & Gas Commission; and SWN Production (Arkansas), LLC v. J.R. Hurd; Sara Smith Hurd; Patricia Hurd McGregor; Victoria Hurd Goebel; David W. Killam; Adrian Kathleen Killam; Tracy Leigh Killam-Dileo; Hurd Enterprises, Ltd.; and Killam Oil Co., Ltd., from Pulaski County Circuit Court, Sixth Division. Reversed and remanded on direct appeal and on cross-appeal. Hart, J., concurs. Wood and Womack, JJ., concur in part and dissent in part. Baker, J., dissents.

CV-18-270. Dolandon V. Mack v. Wendy Kelley, Director, Arkansas Department of Correction, from Jefferson County Circuit Court. Affirmed. Hart, J., dissents.

CV-18-398. James E. Whitney v. Allen, Boreani, Ross, Watson, and Payne, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

CV-18-399. James Edward Whitney v. James Plummer, from Lincoln County Circuit Court. Appellant's pro se notice and advisement (motion to file nonconforming brief). Appeal dismissed; motion moot. Hart, J., dissents.

Metro on 12/21/2018

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