Opinions delivered
February 18, 1999
Allison v. Long (Smith, J.) 98-126
Civil procedure -- Pleading amended by supplemental
pleading to assert counterclaim; chancellor properly denied
appellant's motion to dismiss.
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Burns v. First Nat'l Bank (Corbin, J.) 98-717
Jurisdiction -- Complaint correctly filed in
chancery court; chancery court properly exercised subject-matter
jurisdiction.
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Campbell v. Campbell (Glaze, J.) 98-1288
Parent & child -- Change of custody ordered by
chancellor; no material change of circumstances had occurred;
appellant should have retained custody; case reversed and remanded.
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Green v. State (Per Curiam) CR99-126
Appeal & error -- Motion for rule on clerk; good
cause for granting.
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Hamm v. Office of Child Support Enforcement (Glaze, J.) 98-228
Parent & child -- Chancellor found sufficient
evidence to prove paternity; chancellor's findings not clearly
erroneous; minor parents not excluded from responsibility for
paternity and child support.
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Russey v. State (Glaze, J.) CR98-383
Evidence -- Substantial evidence showed victim had
been raped by appellant; trial court's rejection of appellant's
directed-verdict motion affirmed.
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The State Bd. of Workforce Educ. & Career Opportunities
(Brown, J.) 99-4
Constitutional law -- Separation of powers;
legislator's simultaneous service in state Senate and on appellant
board and commission violated Arkansas Constitution.
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Thompson v. State (Per Curiam) CR98-1243
Appeal & error -- Motion to be relieved as counsel;
denied and remanded to settle record.
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Trimble v. State (Per Curiam) CR97-764
Attorney & client -- Ineffective-assistance claim;
no merit to argument concerning attorney's failure to object to
testimony of witnesses prosecutor had made commitment not to use;
trial tactics and strategy outside purview of Ark. R. Crim. P. 37.
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Zinger v. Terrell (Brown, J.) 98-998
Courts -- Precedent; previous common law on
relitigation of issue of culpability after murder conviction
overruled; holding that acquittal in murder trial does not bar
later civil proceeding left intact.
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In Re: Committee on Automation (Per Curiam)
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Bennett v. Glover, CR 98-1294 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 18, 1999.
Dillard v. Storey, CR 98-1423 (Per Curiam), Pro Se Motion for Rule on Clerk to File Petition Without Record moot; Pro Se Petition for Writ of Mandamus, or in the Alternative for Writ of Prohibition moot in part and denied in part February 18, 1999.
Johnson v. Norris, 98-1123 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted February 18, 1999.
Petty v. State, CR 98-1305 (Per Curiam), Pro Se Motion for Appointment of Counsel denied and appeal dismissed February 18, 1999.
TOM GLAZE, JUSTICE:
CR98-383. Millard James Russey v. State of Arkansas, from Clark Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
98-228. Scott Hamm v. Office of Child Support Enforcement, from Sebastian Chancery, Fort Smith District. Affirmed. Corbin, J., dissents. (10 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
98-1288. Michael Scott Campbell v. Bonnie Campbell, from Sebastian Chancery, Fort Smith District. Reversed and Remanded. Arnold, C.J., and Brown and Thornton, JJ., concur. (13 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
98-717. Danny Burns v. First National Bank of Eastern Arkansas, from St. Francis Chancery. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
98-998. Nikki Zinger v. Jan Terrell, Individually and as Administratrix of the Estate of Linda Sue Holley, Deceased, from Columbia Chancery. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
99-4. The State Board of Workforce Education and Career Opportunities; and The Capitol Arts and Grounds Commission v. Miles King, from Pulaski Chancery, Fourth Division. Affirmed. Glaze, J., concurs. Corbin and Thornton, JJ., dissent. (11 PAGES + 2-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
98-126. Mattie Allison v. Alvin Long et al., from Lee Chancery. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR97-764. Kenneth Thomas Trimble v. State of Arkansas, from Saline Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]
REVIEW GRANTED: Petition for review was granted today in the following case.
CR99-31. Karriem Muhammad v. State of Arkansas, from Miller Circuit.
CR99-83. Alvin Jackson v. State of Arkansas, from Jefferson Circuit. Motion for reinstatement of stay of execution is granted.
CR98-1243. Bill Thompson v. State of Arkansas, from Faulkner Circuit. Motion of Robert W. Bush to be relieved as counsel is denied and remanded to settle record. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR99-126. Charles Green v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
99-147. Clifton R. White v. Bethlehem Missionary Baptist Church, from Columbia Circuit. Motion for extension of time to file record and writ of certiorari to complete the record is denied.
CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file enlarged statement of the case and brief. Motion to file enlarged statement of the case is granted; allowed 30 pages maximum for brief.
CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to abstract some photographs on CD-Rom is granted.
CR98-1294. James Bennett v. Honorable Don Glover, Judge, from Ashley Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)
CR98-1305. Shawn Allen Petty v. State of Arkansas, from Lawrence Circuit. Pro se motion for appointment of counsel. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-1423. Rickey Lee Dillard v. Honorable William Storey, Jr., Judge, from Washington Circuit. Pro se motion for rule on clerk to file petition without record. Moot. Pro se petition for writ of mandamus, or in the alternative for writ of prohibition. Petition moot in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED)
98-1123. Ronnie Drew Johnson v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for extension of time to file reply brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED)
In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Terry Lynn, Esq., of Heber Springs and Senator David Malone of Fayetteville are reappointed to our Committee on Automation for three-year terms to end on October 31, 2001. Tim Holthoff, Attorney at Law and Supreme Court Librarian, of Little Rock is also appointed to the Committee for a three-year term ending October 31, 2001.
The Court thanks Mr. Lynn and Senator Malone for accepting reappointment to this most important Committee. The Court further thanks Mr. Holthoff for accepting this appointment.
PETITION FOR REHEARING:
CR98-855. State of Arkansas v. Hon. John Cole, Circuit Judge, from Lincoln Circuit.
PETITIONS FOR REVIEW:
99-12. Susan G. Roberts v. Employment Security Department and Midsouth Vending, Inc., from Board of Review.
99-92. Lynn Simonetti Newman et al. v. Marie B. McCaskill et al., from Crittenden Chancery.
99-115. National Security Fire & Casualty v. Karen Barnes, from Pulaski Circuit, Seventh Division.
CR97-949. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's motion to file enlarged brief. CR98-330. Walter Don Mazepink and Janice Gail Schnitzlein v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to stay mandate.
CR98-353. Ben Wesley Hicks v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated reply brief.
CR98-922. Donnie Whitney v. State of Arkansas, from Lafayette Circuit. Appellant's motion to file belated reply brief.
CR98-924. Bobby Joe Jones v. State of Arkansas, from Lafayette Circuit. Appellant's motion to file belated reply brief.
CR98-1250. James I. Johnson v. State of Arkansas, from Cleburne Circuit. Appellee's motion to file belated brief.
CR98-1446. John Stephen Brantley v. State of Arkansas, from Columbia Circuit. Appellee's motion to dismiss appeal.
CR99-85. Jimmy Lynn Pyle v. State of Arkansas, from Baxter Circuit. Motion for entry of appearance and request for notice.
98-1325. Murray F. Armstrong v. Larry Norris, Director, Arkansas Department of Correction et al., from Lincoln Circuit. Appellant's motion to expedite appeal.
99-138. Home Mutual Fire Insurance Company v. Clinton Hampton, from Chicot Circuit. Appellee's motion to dismiss appeal.
98-552. Lillian Yarbrough v. David Witty, from Boone Chancery. Argued orally.
98-574. Pam Jackson v. Cadillac Cowboy, Inc., from Howard Circuit. Argued orally.
98-712. Joe E. Looney, Jr. v. Bill Looney, from Crittenden Chancery.
98-1169. Harry McDermott v. Rhonda McDermott, from Washington Chancery.
98-1275. Springdale Winnelson Company v. Alan Rakes, from Benton Circuit.
98-1398. Burlington Industries v. Alice Pickett, from Workers' Compensation Commission.
98-1443. Michelle Williams v. Prostaff Temporaries, from Workers' Compensation Commission.
Published opinions are available on the Internet at http://courts.state.ar.us