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Appeals with reported decisions: 13
United States Court of Appeals for the Eighth Circuit: 6
Supreme Court of Arkansas: 3
Arkansas Court of Appeals: 4
Appeals with unreported decisions: 4
United States Court of Appeals for the Eighth Circuit: 3
Arkansas Court of Appeals: 1
Appeals resolved without decisions: 3
United States Court of Appeals for the Eighth Circuit: 2
Arkansas Court of Appeals: 1
Appeals awaiting decisions after completing briefing: 5
United States Court of Appeals for the Eighth Circuit: 1
Arkansas Court of Appeals: 4
Amicus briefs filed: 3
Supreme Court of Arkansas: 1 (in 2018, drafting co-counsel)
Washington State Court of Appeals, Division II: 2 (in 2025, drafting co-counsel)
Reported decisions authored as Court of Appeals Judge, 1997-1998
Governor Mike Huckabee appointed me to the Arkansas Court of Appeals to fill a vacancy between elections from May 1997 through December 1998. I participated in 305 decisions and authored 103 opinions. At that time, not all opinions were published; the court selected 20 of my opinions for publication. These are listed below.
Sapp v. Phelps
Trucking, Inc.,
64 Ark. App. 221, 984 S.W.2d 817 (1998).
Richard v. State, 64 Ark. App.
177, 983 S.W.2d 438 (1998).
Taylor v. State, 63 Ark. App. 82,
973 S.W.2d 840 (1998).
Ingram v. Chandler, 63 Ark. App. 1,
971 S.W.2d 801 (1998).
Joe Brennan Gen.
Contracting v. Adair,
62 Ark. App. 240, 971 S.W.2d 798 (1998).
Grider v. Grider, 62 Ark. App. 99,
968 S.W.2d 653 (1998).
Oak Grove Lumber
Co. v. Highfill,
62 Ark. App. 42, 968 S.W.2d 637 (1998).
Dover v. Arkansas
Dep’t of Human Servs., 62 Ark. App. 37, 968 S.W.2d 635 (1998).
Crouch v. State, 62 Ark. App. 33,
968 S.W.2d 643 (1998).
Service Chevrolet
v. Atwood,
61 Ark. App. 190, 966 S.W.2d 909 (1998); overruled by Frances v. Gaylord
Container Corp., 341 Ark. 527, 20 S.W.3d 280 (2000).
Odom Antennas,
Inc. v. Stevens,
61 Ark. App. 182, 966 S.W.2d 279 (1998).
McGill v. State, 60 Ark. App.
246, 962 S.W.2d 382 (1998).
Rudick v. Unifirst
Corp.,
60 Ark. App. 173, 962 S.W.2d 819 (1998).
Bishop v. Bishop, 60 Ark. App.
164, 961 S.W.2d 770 (1998).
University of
Arkansas Med. Sciences v. Hart, 60 Ark. App. 13, 958 S.W.2d 546 (1997).
Ferren v. Director, 59 Ark. App.
213, 956 S.W.2d 198 (1997).
Green v. McAuley, 59 Ark. App. 114,
953 S.W.2d 66 (1997).
McMillan v. U.S.
Motors,
59 Ark. App. 85, 953 S.W.2d 907 (1997).
Priest v. United
Parcel Serv.,
58 Ark. App. 282, 950 S.W.2d 476 (1997),
Meyer v. Riverdale Harbor Mun. Prop. Owners Improvement Dist. No. 1, 58 Ark. App. 91, 947 S.W.2d 20 (1997).
Other relevant
experience or activities
1. Training
2025 Appellate Defender Training, May 6-9, 2025, Worcester, Massachusetts (sponsored by the National Legal Aid & Defender Association).
Eleventh Appellate Practice Institute, May 29-31, 1998, Washington, D.C. (sponsored by the American Bar Association’s Appellate Judges Conference and the Tort and Insurance Practice Section).
2. Appointments and organizations
Federal Advisory Committee, United States Court of Appeals for the Eighth Circuit. Member (March 2025 to December 2027).
Appellate Law Section, Arkansas Bar Association. Member (2022 to present); Secretary (2025 to 2026).
Judicial Discipline and Disability Commission, State of Arkansas. Alternate Member (August 1993 to June 1996).
3. Publications
D. Franklin Arey,
III, Competent Appellate Advocacy and Continuing Legal Education: Fitting
the Means to the End, 2 J. App. Prac. & Process 27 (2000).
Arkansas Appellate Spectator, https://areylaw.blogspot.com/ (blog published since October 2024 about appellate matters of interest to Arkansas lawyers).
4. Presentations
Panelist, “When,
Why, and How to Pursue an Appeal in a Workers’ Compensation Case,” 1998
Workers’ Compensation Law Institute, April 3, 1998 (sponsored by the Arkansas
Bar Association).
“Petitions for
Rehearing and Review,” Lunch with the Court of Appeals series, March 30, 1998,
Little Rock (sponsored by the Pulaski County Bar Association).
“Arkansas Court of
Appeals Update,” October 30, 1997, Little Rock (sponsored by the Pulaski County
Bar Association).
Panelist, “Standards of Review” and “Motions Practice,” Appellate Advocacy Institute, September 12, 1997 (sponsored by the Arkansas Bar Association).
