Opinions delivered
April 22, 1999
Download
ZIP file containing today's WP5.1 files.Arkansas Dep't of Human Servs. v. Arkansas Health Care Ass'n (Per Curiam)
98-1342
Appeal & error -- Order appealed from must be final; motion to strike
denied; case remanded to settle record.
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Doty v. Payne (Brown, J.) 98-1231
Elections -- Challenge; appellants failed to contest propriety of ballot before
election.
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Henry v. State (Glaze, J.) CR98-569
Evidence -- Excited utterance admissible; probative value of evidence not
outweighed by danger of unfair prejudice; no abuse of discretion in trial court's
admission of tape.
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McQuay v. Arkansas State Bd. of Architects (Thornton, J.) 98-995
Administrative law & procedure -- Unauthorized practice of architecture;
substantial evidence supported appellee Board's decision that appellant was engaged in
unlicensed practice; assessment of penalty for each day until hearing was arbitrary and
capricious; reversed and remanded for additional findings.
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Scott v. State (Corbin, J.) CR98-1167
Criminal procedure -- Speedy trial; no merit to appellant's argument that delay
resulting from mental examination should not be excluded.
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Sutter v. Payne (Imber, J.) 98-1023
Civil procedure -- Common-defense doctrine; defaulting defendant can rely upon
answer of a co-defendant who is no longer in case; subsequent dismissal does not
"erase" answer.
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APPENDIX
In Re: Rule 28.3, Rules of Criminal Procedure (Per Curiam) [HTML, WP5.1]
In Re: Rules of Criminal Procedure -- Rules 28, 29, and 30 -- Speedy Trial (Per Curiam) [HTML, WP5.1]
In Re: Supreme Court Committee on Model Jury Instructions--Civil (Per Curiam) [HTML, WP5.1]
OPINIONS NOT DESIGNATED FOR PUBLICATION
Bilal v. State, TEN 98-19 (Per Curiam), Pro Se Motion for Reconsideration; tender declined April 22, 1999.
Epps v. State, CR 97-1490 (Per Curiam), affirmed in part; rebriefing ordered April 22, 1999.
Hawthorne v. State, CR 98-1434 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied April 22, 1999.
Moore v. Pope, CR 99-387 (Per Curiam), Pro Se Petition for Writ of Mandamus denied April 22, 1999.
Nooner v. State, CR 98-577 (Per Curiam), Pro Se Motion for Leave to Proceed in Eighth Circuit Court of Appeals denied; Pro Se Motion to Relieve Counsel denied; Pro Se petition for Writ of Mandamus to Compel Board of Apportionment to Act denied; and Pro Se Petition for Writ of Mandamus to Compel Interpreter for the Deaf to Correct Cause of Warrant denied April 22, 1999.
Thomas v. State, CR 96-528 (Per Curiam), reversed and remanded April 22, 1999.
ORIGINAL SYLLABUS
TOM GLAZE, JUSTICE:
CR98-569. Bobby Don Henry v. State of Arkansas, from Logan Circuit, Northern District. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Affirmed. Glaze, J., concurs. (6 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
98-1231. Garry Doty, Patricia Doty, Pearl Marie Roden, and James W. Roden v. Junaway Payne et al., Joan Cash, James Pagan, Vance McDaniel, Donna Pippinger and Carol Ann White, from Poinsett Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
98-1023. Joshua Sutter v. Mary Lou Sutter Payne and Cora Sue Sutter West, from Independence Chancery. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
98-995. Boyce McQuay v. Arkansas State Board of Architects, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Smith, J., concurs in part and dissents in part. (10 PAGES + 3 PAGES CONCUR/DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR96-528. Bobby G. Thomas v. State of Arkansas, from Miller Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED)
CR97-1490. Christopher Epps v. State of Arkansas, from Boone Circuit. Affirmed in Part; Rebriefing Ordered. (6 PAGES UNPUBLISHED)
Per Curiam Orders
REHEARING DENIED: Petition for rehearing was denied today in the following case.
98-512. Alice L. Walton et al. v. David Lewis, from Washington Circuit. Corbin and Thornton, JJ., would grant.
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REVIEW GRANTED: Petition for review was granted today in the following case.
99-318. Ernest Meister v. Safety Kleen, from Workersþ Compensation Commission.
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98-1342. Arkansas Department of Human Services v. Arkansas Health Care Association, from Pulaski Circuit, Third Division. Appellant's motion to strike. Denied; remanded to settle the record. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
99-335. American Civil Liberties Union of Arkansas, Inc. v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion of Mark J. Mobley for extension of time, to withdraw as counsel, and to appoint public defender's office on appeal is denied.
99-380. Roderick W. Parker v. Director et al., from Board of Review. Appellant's motion to proceed in forma pauperis is denied.
CR98-1429. Michael Norris v. State of Arkansas, from Washington Circuit. Appellant's motion for oral argument is granted.
CR98-577. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for leave to proceed in Eighth Circuit Court of Appeals; pro se motion to relieve counsel; pro se petition for writ of mandamus to compel board of apportionment to act; and pro se petition for writ of mandamus to compel interpreter for the deaf to correct cause of warrant. Motions and petitions denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-1434. Johnnie Ray Hawthone a/k/a Johnnie Ray Hawthorne v. State of Arkansas, from Miller Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR99-387. Steve S. Moore v. Hon. Sam Pope, Circuit Judge, from Ashley Circuit. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (1 PAGE UNPUBLISHED)
TEN98-19. Kasib Tauheed Bilal v. State of Arkansas, from Pulaski Circuit, Third Division. Pro se motion for reconsideration. Tender declined. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Rules of Criminal Procedure - Rules 28, 29, and 30 - Speedy Trial. See per curiam this date. (7 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Rule 28.3, Rules of Criminal Procedure. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
The Honorable Kim Smith of Fayetteville, Donis Hamilton, Esq., of Paragould, Paul Rainwater, Esq., of Crossett, and Thomas Ray, Esq., of Little Rock, are hereby appointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2002.
The Court extends its thanks to Judge Smith, Messrs. Hamilton, Rainwater and Ray for accepting appointment to this most important Committee.
The Court expresses its appreciation to Judge David Bogard of Little Rock, Robert L. Jones, Esq., of Fort Smith, Phillip Carroll, Esq., of Little Rock, and David Blair, Esq., of Batesville, whose terms have expired, for their service as members of this Committee.
Peter Kumpe, a current member of the Committee, is hereby designated to serve as the Chairman of the Committee.
Motions Submitted
PETITIONS FOR REHEARING:
98-156. James Arthur, M.D. and Allan C. Gocio, M.D. v. Betty Jo Zearley and Herman Zearley, from Saline Circuit.
98-957. In the Matter of $3,166,199, Arkansas Highway Police v. Crittenden County Prosecuting Attorneyþs Office et al., from Crittenden Circuit.
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PETITIONS FOR REVIEW:
99-329. Employers Insurance of Wausau v. Didion Mid-South Corporation, from Sebastian Circuit, Fort Smith District.
99-377. Deneise Moulin v. Consolidated Stores, from Workers' Compensation Commission.
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CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Motion of Mickey Buchanan to withdraw as counsel.
CR99-225. State of Arkansas v. Dewayne Dee Dillard, from Sebastian Circuit, Fort Smith District. Appellant's motion to consolidate records.
CR99-399. Kevin Williams v. State of Arkansas, from Drew Circuit. Motion for rule on the clerk.
98-1505. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Appellee's motion to stay brief time.
98-1505. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Appellee's motion to supplement the record and for stay of brief time.
99-376. Richard Weiss, Director, Department of Finance and Administration et al. v. Dan Melton et al., from Pulaski Chancery, Second Division. Appellees' motion to dismiss appeal.
Submissions
CR99-166. Larron Clark McDaniel v. State of Arkansas, from Faulkner Circuit.
98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery.
98-604. Alvin M. Ashley v. Kayoko Ashley, from Mississippi Chancery, Chickasawba District.