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ZIP file containing today's WP5.1 files.Collins v. State (Glaze, J.) CR98-563
Criminal law - Death penalty; proof of prior-violent-felony aggravator
sufficient; no mitigating circumstance found; affirmed.
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Ghegan & Ghegan, Inc. v. Weiss (Imber, J.) 98-1310
Taxation -- Illegal exaction; appellant and distributor sufficiently
"interested" to have standing; trial court erred in ruling appellant did not
have standing; reversed and remanded.
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Jones v. State (Per Curiam) CR99-320
Appeal & error -- Motion for rule on clerk; good cause for granting.
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Malone v. Malone (Imber, J.) 98-833
Limitation of actions -- Collection of child-support judgments; Ark. Code Ann.
§ 9-14-235( Repl. 1991) governs; statute became effective before collection of judgment
was time barred; trial court's order affirmed as modified.
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OPINIONS NOT DESIGNATED FOR PUBLICATION
Elliott v. Keith, CR 99-499 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot June 3, 1999.
Jones, Chad E. v. State, CR 99-257 (Per Curiam), Pro Se Motion to Stay Brief Time; denied and appeal dismissed June 3, 1999.
Jones, Michael L. v. State, CR 97-1167 (Per Curiam), Appellant's Pro Se Motions to File a Belated Brief denied, to Submit Only Three Copies of Brief, to File an Enlarged Brief, and for Injunctive Relief; motions moot; appeal dismissed June 3, 1999.
McMinn v. State, CR 99-139 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief; denied and appeal dismissed June 3, 1999.
Mobbs v. State, CR 99-404 (Per Curiam), Pro Se Motion for Belated Appeal of Order; denied June 3, 1999.
Thomas v. State, CR 98-1084 (Per Curiam), Pro Se Motion for Evidentiary Hearing, Pro Se Motion for Appointment of Counsel, and Two Pro Se Motions for Discovery; denied June 3, 1999. Substituted per curiam handed down June 10, 1999, and appears in syllabus that date.
Tyler v. Neal, CR 99-385 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk; dismissed June 3, 1999.
ORIGINAL SYLLABUS
TOM GLAZE, JUSTICE:
CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Affirmed. (8 PAGES PUBLISHED)[HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
98-833. Donald Malone v. Linda Malone, from Ouachita Chancery. Affirmed as Modified. Brown, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE PUBLISHED)[HTML, WP5.1]
98-1310. Ghegan & Ghegan, Inc., on Behalf of Itself and All Taxpayers Similarly Situated v. Richard Weiss, Director of the Arkansas Department of Finance and Administration, from Pulaski Chancery, Sixth Division. Reversed and Remanded. Brown and Thornton, JJ., concur. (9 PAGES + 2-PAGE CONCURRENCE PUBLISHED)[HTML, WP5.1]
PER CURIAM ORDERS
CR98-1432. Steven Ron Fortson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for review. Moot.
99-335. American Civil Liberties Union of Arkansas, Inc. v. State of Arkansas and James Stanley, from Sebastian Circuit, Greenwood District. Motion of Mark Mobley to withdraw as counsel for appellee James Stanley is denied.
CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time to return writ of certiorari is granted.
CR98-1480. James Wesley Bilyeu v. State of Arkansas, from Faulkner Circuit. Appellee's motion for extension of time to return writ of certiorari is granted.
CR99-125. James Bradley McMinn v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal is granted.
CR99-320. David Bruce Jones v. State of Arkansas, from Hot Spring Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED)[HTML, WP5.1]
CR99-557. David E. Nicklas v. Hon. Marion A. Humphrey, Judge, from Pulaski Circuit, First Division. Petition for writ of prohibition is denied.
98-1025. Yliyah Ben Yisrayl v. Mike Huckabee, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.
98-1329. Howard Wayne Jones v. Larry Norris, Director, Arkansas Department of Correction, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal is granted.
98-1505. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Motion of appellants, Unigard Security Insurance Company and Associated International Insurance Company, to dismiss appeal. Motion granted as to Unigard Security Insurance Company and Associated International Insurance Company. Glaze and Corbin, JJ., not participating.
99-74. Danny Jewell et al. v. The City of Texarkana, Arkansas and Lifenet, Inc., from Miller Chancery. Motion of appellee, Lifenet, Inc., to strike. Motion to be submitted with case.
99-297. Floyd Villines, Pulaski County Judge et al. v. Nora Harris et al., from Pulaski Circuit, Third Division. Appellees' motion to suggest disqualification. Glaze, Corbin, Brown, Imber, Thornton, and Smith, JJ., recuse.
CR97-1167. Michael L. Jones a/k/a Mikneyah Ben Yahweh v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motions to file a belated brief, to submit only three copies of brief, to file an enlarged brief, and for injunctive relief. Motion to file belated brief denied; companion motions moot; appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)
CR98-1084. Ronald G. Thomas v. State of Arkansas, from Washington Circuit. Pro se motion for evidentiary hearing, pro se motion for appointment of counsel, and two pro se motions for discovery. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-139. James Arthur McMinn v. State of Arkansas, from Pope Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-257. Chad E. Jones v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion to stay brief time. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-385. Billy Roy Tyler v. James Neal, Executive Director of the Arkansas Supreme Court Committee on Professional Conduct, an Original Action. Pro se motion for reconsideration of motion for rule on clerk. Motion for reconsideration dismissed. See per curiam this date. Brown, J., not participating. (1 PAGE UNPUBLISHED)
CR99-404. Donald Mobbs v. State of Arkansas, from Lonoke Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-499. William Elliott v. Honorable Tom Keith, Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
CR97-1362. Carl Dwayne Prince v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CR98-1087. Clinton Eugene Byrd v. State of Arkansas, from Craighead Circuit, Western District.
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PETITIONS FOR REVIEW:
CR99-561. Pierre L. Weaver v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
99-495. Judy Beaver v. Benton County Child Support Unit, from Workers' Compensation Commission.
99-535. Gudrun Ray v. University of Arkansas, from Workers' Compensation Commission.
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CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Appellee's motion for extension of time to return writ of certiorari.
CR97-993. Paul Emery v. State of Arkansas, from Jackson Circuit. Appellant's motion for clarification and extension of time.
CR98-577. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for correction of opinion.
CR98-1419. James T. McFarland v. Mark Lindsay, Judge, West Fork Municipal Court, from Washington Circuit. Appellee's motion to file belated brief.
CR99-85. Jimmy Lynn Pyle and John Tunnicliff v. State of Arkansas, from Baxter Circuit. Joint motion for permission to file a joint abstract but separate briefs on behalf of each appellant.
CR99-323. Willie Leon Green v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to incorporate record of original appeal into Rule 37 appeal.
98-704. Kennith Elmore et al. v. Sue Burke and Charles Chapman, from Sebastian Circuit, Fort Smith District. Appellees' motion to amend the mandate.
99-47. Brian Alan Hodges v. Jody Lamora et al., from Sebastian Chancery, Fort Smith District. Appellee Jim Rush's motion for costs.
99-151. Citizens for a Safer Carroll County et al. v. Billie Jean Epley et al., from Carroll Circuit, Eastern District. Appellees' motion to dismiss appeal.
SUBMISSIONS
CR98-510. Jason McGehee v. State of Arkansas, from Boone Circuit. Argued orally.
98-612. Western Foods, Inc. and Beverly Enterprises, Inc. v. Richard Weiss et al., from Pulaski Chancery, Third Division. Argued orally.
CR98-1360. State of Arkansas v. Harold Rufus, from Craighead Circuit, Western District.
99-8. Kimberly Anne Tadlock Bruner v. Charlie E. Tadlock and Loretta G. Tadlock, from Sevier Chancery.
99-17. State Auto Property & Casualty Insurance Company et al. v. Larry Swaim and Drenda Swaim, from Crawford Circuit.
99-151. Citizens for a Safer Carroll County et al. v. Billie Jean Epley et al., from Carroll Circuit, Eastern District.
Published opinions are available on the Internet at