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Case Information

Filed 2022-08-12
Status FINALSEAL - FINAL/RECORD SEALED
Type Af Appellate Felony
Docket 150 entries

Parties

Plaintiff Crain, Larry Wilson,jr|Potts, Gary Wayne
Defendant Attorney General|Johnson, Darnisa C Evans|Eanes Jr , David L|State Of Arkansas
Photo of Hon. Puryear, Jack Crews

Judge

Hon. Puryear, Jack Crews

Arkansas County (AR)

Arkansas

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Docket Entries

  1. APPELLATE COVERSHEET
  2. Appellate court coversheet.
  3. No Images
  4. RECORD LODGED
  5. E-filed record. Pleadings: 1 volume; 86 pages. Transcript: 1 volume; 214 pages. Physical exhibits received August 17, 2022. Record sealed. See formal order dated December 14, 2022.
  6. No Images
  7. LOWER COURT INFORMATION
  8. none.
  9. No Images
  10. BRIEFING COMMENCED
  11. Appellant's brief due Septemebr 21, 2022.
  12. BRIEFING NOTICE
  13. ACTIVE/RECORD SEALED
  14. Sealed
  15. No Images
  16. MOTION OTHER
  17. Appellee's motion to preserve anonymity of a juvenile pursuant to Ark. Sup. Ct. R. 6-3(a).
  18. No Images
  19. MOTION SUBMITTED
  20. Appellee's motion to preserve anonymity of a juvenile pursuant to Ark. Sup. Ct. R. 6-3(a).
  21. No Images
  22. APPELLANT'S BRIEF
  23. Appellant's Brief e-filed by attorney. Paper copies not required.
  24. No Images
  25. ENTRY OF APPEARANCE
  26. Entry of appearance by David L. Eanes Jr. on behalf of appellee.
  27. No Images
  28. RECUSAL
  29. none.
  30. No Images
  31. FORMAL ORDERS - COA
  32. Appellee's motion to preserve anonymity of a juvenile pursuant to Ark. Sup. Ct. R. 6-3(a). Motion granted in part; denied in part and remanded with instructions. See per curiam this date. The circuit court and parties have forty-five days (October 29, 2022) in which to comply with Administrative Order No. 19 and file a compliant redacted record with this court's clerk, if nessecary. A revised briefing schedule will then issue, and all briefs must comply with Order No. 19. All briefing responsibilities are stayed while this case is on limited remand.
  33. ORDER
  34. PER CURIAM ORDER
  35. Appellee's motion to preserve anonymity of a juvenile pursuant to Ark. Sup. Ct. R. 6-3(a). Motion granted in part; denied in part and remanded with instructions. See per curiam this date.
  36. ORDER
  37. OPINION PANEL
  38. none.
  39. No Images
  40. MOTION FOR STAY
  41. Appellee's motion for stay and request for expedited consideration.
  42. No Images
  43. FORMAL ORDERS - COA
  44. Appellee's motion for stay and request for expedited consideration. Motion for stay is denied. Gladwin, Klappenbach, and Gruber, JJ., would grant. Request for expedited consideration is granted. Virden, J., not participating.
  45. ORDER
  46. MOTION FOR STAY
  47. Appellee's motion for stay and request for expedited consideration.
  48. No Images
  49. FORMAL ORDERS - SC
  50. Appellee's motion for stay and request for expedited consideration. Expedited consideration granted; motion for stay granted. All cases remanded per the authority of Crain v. State, 2022 Ark. App. 334, are stayed pending this Court's review.
  51. ORDER
  52. MAIL RETURNED UNDELIVERABLE
  53. Formal order mailed to Judge Puryear returned marked undeliverable. Address updated from Judiciary website. Order remailed this date.
  54. No Images
  55. MOTION OTHER
  56. Appellee's motion for leave to file petition for review.
  57. No Images
  58. PETITION TENDERED
  59. Appellee's petition for review tendered pending motion for leave to file petition for review.
  60. No Images
  61. LETTER ORDERS - SC
  62. Appellee's motion for leave to file petition for review is granted. Appellee's tendered petition for review filed this date.
  63. ORDER
  64. PETITION FOR REVIEW $
  65. Appellee's petition for review.
  66. No Images
  67. PETITION FOR REVIEW SUBMITTED
  68. none.
  69. No Images
  70. PETITION FOR REVIEW GRANTED
  71. none.
  72. No Images
  73. LETTER ORDERS - SC
  74. Appellee's petition for review granted; court of appeals per curiam vacated; appeal remanded to the court of appeals for a decision consistent with Rule 6-3 of the Rules of the Arkansas Supreme Court and Court of Appeals.
  75. ORDER
  76. PAYMENT RECEIVED
  77. A Payment of $25.00 was made on receipt ARCA4752.
  78. No Images
  79. MOTION SUBMITTED
  80. Appellee's motion to preserve anonymity of a juvenile pursuant to Ark. Sup. Ct. R. 6-3(a).
  81. No Images
  82. FORMAL ORDERS - COA
  83. Appellee's motion to preserve anonymity of a juvenile pursuant to Ark. Sup. Ct. R. 6-3(a) is granted. Harrison, C.J., and Virden, Klappenbach, Barrett, and Hixson, JJ., dissent. Virden, J., not participating. See dissenting opinion this date. Appellee's brief is due in thirty days (January 13, 2023). Appellant's reply brief is due fifteen days thereafter.
  84. Dissent
  85. ORDER
  86. BRIEF EXTENSION
  87. Appellee's brief is due January 13, 2023.
  88. No Images
  89. OPINION PANEL
  90. none.
  91. No Images
  92. APPELLEE'S BRIEF
  93. Appellee's Brief e-filed by attorney. Paper copies not required.
  94. No Images
  95. CASE SUBMITTED
  96. none.
  97. No Images
  98. MAJORITY OPINION
  99. Affirmed. Klappenbach and Wood, JJ., agree.
  100. OPINION
  101. CLOSED/RECORD SEALED
  102. none.
  103. No Images
  104. OPINION PANEL
  105. none.
  106. No Images
  107. MOTION ATTORNEY FEES
  108. Motion of Gary Wayne Potts for costs and attorney fees.
  109. MOTION
  110. MANDATE TO CLERK
  111. none.
  112. Mandate
  113. MOTION SUBMITTED
  114. Motion of Gary Wayne Potts for costs and attorney fees.
  115. No Images
  116. ATTORNEY'S FEES AND COST - COA
  117. Motion of Gary Wayne Potts for costs and attorney fees is granted. Allowed $2,250. Virden, J., not participating. invoice rec'd 5-1-23.
  118. ORDER

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