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Decision Date

December 2, 2009
This is a termination-of-parental rights appeal brought by Vertis Davis. On April 17, 2009, the Pulaski County Circuit Court terminated her parental rights to D.W., born March 13, 2000, and M.L., born October 28, 2004. Appellant's attorney has filed a motion to withdraw pursuant to Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131, 194 S.W.3d 739 (2004), asserting that there are no issues of arguable merit to support the appeal. Under Rule 6-9(i)(1) of the Arkansas Rules of...  
December 2, 2009
On March 13, 2009, a Faulkner County judge found that Trent Richardson violated the terms and conditions of his probation and sentenced him to an eighteen-month term in a regional punishment facility, followed by twenty-four months' suspended imposition of sentence. Richardson's attorney has filed a motion to withdraw as counsel. The motion was accompanied by a no-merit brief, pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(k), wherein counsel contends that all...  
November 19, 2009
On July 30, 2009 our Clerk correctly refused to file the record in the above matter. The record was due by July 30, 2009 pursuant to the terms of an extension order. The terms of that order failed to comply with Ark. R. App. P.—Civ. 5(b)(1)(C). The failure was communicated to counsel for Appellant. Counsel for Appellant then submitted a Motion for Rule on Clerk on August 5, 2009. On September 10, 2009, by per curiam, we remanded for a determination by the circuit court whether Ark. R....  
November 19, 2009
On July 1, 2009, an order was entered in the Circuit Court of Garland County dismissing a pro se petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 filed by appellant Lonnie Dean Vickers. Appellant Vickers has lodged an appeal here from that order. Now before us is a motion filed by the appellee State asking that the appeal be dismissed for failure to submit a brief... Appellant was advised that his brief-in-chief was due here no later than September 15, 2009. He has...  
November 19, 2009
Terrance Quartez Jarrett appealed the revocation of his suspended sentence in four cases. The Arkansas Court of Appeals affirmed. Jarrett v. State, CACR 08-1295 (Ark. App. May 13, 2009) (unpublished)... On August 31, 2009, petitioner Jarrett, who was represented by counsel on appeal, tendered a pro se petition for review to this court after the eighteen days to file such a petition had elapsed. Ark. Sup. Ct. R. 2-4(a). Our clerk correctly declined to file the untimely petition, and petitioner...  
November 19, 2009
Honorable Rita Gruber, Arkansas Court of Appeals Judge, of Little Rock, and Mr. James A. McLarty, III, Esq., of Newport, are appointed to the Committee on Child Support for three-year terms to expire November 30, 2012. We thank Judge Gruber and Mr. McLarty for their willingness to serve on this important committee. The court thanks Honorable John Robbins and Honorable Mary McGowan whose terms have expired, for their service on the committee...  
November 19, 2009
Mayor Chris Claybaker of Camden is reappointed to the District Court Resource Assessment Board for a four-year term to expire April 30, 2013. We thank Mayor Claybaker for his willingness to serve on this important board...  
November 19, 2009
Upon her retirement as Associate Justice of the Supreme Court of Arkansas, the court recognizes and expresses appreciation to Justice Annabelle Clinton Imber for her dedicated service to the state of Arkansas and this court. Justice Imber's tireless devotion to the administration of justice is evidenced by her willingness to serve on committees of the court, the bar, and the Judicial Council; to teach continuing legal education seminars; and to judge moot court competitions, all while managing...  
November 19, 2009
Honorable J. Michael Fitzhugh of Fort Smith, Circuit Judge, 12th Judicial Circuit, and Morgan E. Welch, Esq., of North Little Rock, are appointed to the Committee on Model Jury Instructions—Civil for three-year terms to expire on September 30, 2012. The court extends its appreciation to Judge Fitzhugh and Mr. Welch for accepting appointment to this important committee...  
November 19, 2009
The court of appeals certified this divorce case for purposes of determining whether the circuit judge lost subject-matter jurisdiction over this case before he entered a Supplemental Divorce Decree. We hold that these facts do not raise an issue of subjectmatter jurisdiction, and we remand the matter to the court of appeals... Robert and Diane Edwards were married in 1986, and two children were born of the marriage. On August 18, 2006, a divorce decree was entered in the Columbia County...  
November 19, 2009
On September 12, 2005, judgment was entered reflecting that petitioner Frank R. Garner had been found guilty by a jury of kidnapping and rape. Consecutive sentences of 240 months' imprisonment and life imprisonment were imposed, respectively. No appeal was taken, and on September 21, 2009, petitioner filed the motion that is now before us seeking leave to proceed with a belated appeal of the judgment... Belated appeals in criminal cases are governed by Rule 2(e) of the Rules of Appellate...  
November 19, 2009
On October 20, 2009, petitioner John Cummings filed the pro se petition for writ of mandamus that is now before us. He contended in the petition that the Honorable Willard Proctor, Circuit Judge, had failed to act on a petition for postconviction relief pursuant to Criminal Procedure Rule 37.1 that petitioner had filed in the Circuit Court of Pulaski County on November 21, 2008... On October 23, 2009, Judge Proctor provided this court with a copy of the order that he had entered August 7, 2009,...  
November 19, 2009
Petitioner James Edward Williams was found guilty by a jury of two counts of aggravated robbery, two counts of terroristic threatening in the first degree, theft of property, and battery in the third degree. An aggregate term of 360 months' imprisonment was imposed. The Arkansas Court of Appeals affirmed. Williams v. State, 2009 Ark. 684. Now before us is a petition for review filed by petitioner Williams pro se... We do not reach the merits of the petition as it was filed pro se. Petitioner...  
November 19, 2009
Appellant, James Clemons, by and through his attorney, Rickey Hicks, seeks a motion for rule on clerk. The State has not filed a response... Appellant was convicted of capital murder in the Union County Circuit Court on March 26, 2009, and sentenced to life imprisonment without parole. A timely notice of appeal was filed on April, 17, 2009. Pursuant to an order of the circuit court, the time for filing the record was extended to October 26, 2009. The record was not tendered to this court,...  
November 19, 2009
Appellant Roderick Williams appeals from his convictions for capital murder, kidnapping, felon in possession of a firearm, first-degree domestic battery, and first-degree child endangerment and his sentence to life imprisonment without parole. Among his points on appeal is a claim that he was prejudiced by the circuit judge's erroneous admission of hearsay evidence. Williams claims that the hearsay evidence was "manifestly prejudicial because it constituted the only evidence heard by the...  
November 19, 2009
Appellant Lisa Pounders appeals from the order of the Pulaski County Circuit Court dismissing her complaint with prejudice. Her sole point on appeal is that the court erred in applying the three-year statute of limitations that governs legal-malpractice claims to her complaint rather than the five-year statute of limitations applicable to a breach-of-contract claim. This case was certified to our court on September 1, 2009, as an appeal involving the power of the Arkansas Supreme Court to...  
November 18, 2009
Appellant Charles Scott appeals from a decision by the Arkansas Workers' Compensation Commission affirming and adopting the decision of the administrative law judge. Appellant argues on appeal that there is insufficient evidence supporting the Commission's denial of benefits for a gradual-onset back injury. We find no error and affirm... In reviewing decisions from the Workers' Compensation Commission, we view the evidence and all reasonable inferences deducible therefrom in the light most...  
November 18, 2009
This is a legal-malpractice case. Charles Grassi, Sr., appeals from the circuit court's entry of judgment on a directed verdict for appellees James Hyden and his firm, Hyden, Miron & Foster, P.L.L.C. We order rebriefing because appellant's addendum does not comply with Ark. Sup. Ct. R. 4-2(a)(8)... The addendum does not reflect that this case is final for purposes of appeal. An appellant's addendum must include relevant pleadings, documents, or exhibits essential to an understanding of the case...  
November 18, 2009
Appellant Robert Maulding appeals from the Commission's opinion affirming and adopting the decision of the administrative law judge (ALJ), who found that appellant is not permanently and totally disabled; that he is entitled to a ten-percent permanent anatomical impairment rating; that, for purposes of calculating appellant's average weekly wages, appellant was not a full-time employee at the time of his injury; and that Cincinnati was entitled to a three-percent offset against future amounts...  
November 18, 2009
Two brothers, Myron and Michael, were convicted of crimes arising out of a nightclub shooting spree. They were tried together and the brothers' respective attorneys filed a joint notice of appeal. Myron's attorney filed a brief on his client's behalf, and we decided his appeal in Myron Newjean Anderson v. State, CACR08-458 (Jan. 28, 2009). Michael's attorney failed to file a timely abstract, addendum, and brief and was ordered to do so. He has now submitted a brief, but it is defective. One...