Download
ZIP file containing today's WP5.1 files.Baker v. Wyeth-Ayerst Lab. Div. (Imber, J.) 98-1479
Civil procedure -- Class certification improper; numerous and complex issues
predominated over individual issues; predominance and superiority requirements of Ark. R.
Civ. P. 23(b) not satisfied; denial of petition for class certification affirmed.
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Bryant v. Picado (Corbin, J.) 98-1223
Declaratory judgment -- Exclusive jurisdiction over criminal prosecution rested in
circuit court; case remanded with directions to transfer complaint to circuit court.
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Kirby v. State (Per Curiam) CR98-1442
Contempt -- Show-cause hearing; matter remanded for notice determination.
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Neal v. Hollingsworth (Imber, J.) 98-1456
Attorney & client -- Professional conduct; serious misconduct warranted
disbarment; appellee disbarred; reversed and remanded.
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Patterson v. Isom (Corbin, J.) 98-969
Courts -- Chancery court had exclusive jurisdiction; juvenile court erred in denying
appellant's motion to dismiss pursuant to Ark. R. Civ. P. 12 (b)(8).
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Rushing v. State (Thornton, J.) CR98-1312
Constitutional law -- Waiver of Miranda rights; trial court's finding that
appellant voluntarily waived right to remain silent not clearly against preponderance of
evidence.
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Slaughter v. State (Per Curiam) CR99-655
Appeal & error -- Motion for rule on clerk; good cause for granting.
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Vaughan v. State (Arnold, C.J.) CR98-1259
Appeal & error -- Appellant failed to timely object; issue not preserved for
appeal; appellant failed to demonstrate that cross-examination was so flagrantly and
highly prejudicial as to require trial court on its own motion to have instructed jury not
to consider it; trial court affirmed.
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APPENDIX
In Re: Administrative Order Number 2, Ark. R. Civ. P., Rules 5 and 58 (Per
Curiam)
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In Re: Client Security Fund Committee (Per Curiam)
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In Re: Rule 5.5, Rules of Criminal Procedure (Per Curiam)
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In Re: Rules of Criminal Procedure, New Rule 8.6 (Per Curiam)
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In Re: Rule 2, Rules of Appellate Procedure-Criminal (Per Curiam)
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In Re: Supreme Court Ad Hoc Committee on Foster Care and Adoption (Per Curiam)
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OPINIONS NOT DESIGNATED FOR PUBLICATION
Crespo v. State, CA CR 98-183 (Per Curiam), Pro Se Motion for Certified Photocopy of Transcript at Public Expense; denied June 23, 1999.
Davis v. State, CR 98-1082 (Per Curiam), Pro Se Motion to File Amended Brief; denied and appeal dismissed June 24, 1999.
Davis v. State, CR 99-576 (Per Curiam), Pro Se Motion for Belated Appeal of Order; denied June 24, 1999.
Hilderbrand v. State, CR 99-112 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Appointment of Counsel denied and Pro Se Motion for Extension of Time to File Brief granted June 24, 1999.
Neely v. State, CR 99-386 (Per Curiam), Pro Se Motions to Consolidate Record and Supplement Abstract moot, Pro Se Motion for Transcript and Extension of Time treated as motion for access to record and granted June 24, 1999.
Wright v. State, CR 98-926 (Per Curiam), Pro Se Motion to Have Court-Appointed Attorney Furnish Supplemental Abstract; denied June 24, 1999.
W.H. "DUB" ARNOLD, CHIEF JUSTICE:
CR98-1259. Gary Vaughan v. State of Arkansas, from Logan Circuit. Affirmed. (8 PAGES PUBLISHED)[HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
98-969. Brian Patterson v. Steve Isom, from Pope Chancery. Reversed and Remanded. (8 PAGES PUBLISHED)[HTML, WP5.1]
98-1223. Winston Bryant, Attorney General, and Larry Jegley, Prosecuting Attorney for Pulaski County, Sixth Judicial District v. Elena Picado, Randy McCain, Robin White, Bryan Manire, Vernon Stokay, Charlotte Downey, and George Townsand, from Pulaski Chancery, Second Division. Reversed and Remanded. Brown and Imber, JJ., concur. (5 PAGES + 3-PAGE CONCURRENCE PUBLISHED)[HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
98-1456. James Neal, Director, Committee on Professional Conduct v. Perlesta Arthur Hollingsworth, from Pulaski Circuit, Third Division. Reversed and Remanded. (28 PAGES PUBLISHED)[HTML, WP5.1]
98-1479. Jeanne Baker, Maria Valencia, Tina Thomas and Mirtha Breslin, Individually, and on Behalf of All Other Arkansas Residents Similarly Situated v. Wyeth-Ayerst Laboratories Division, a Division of American Home Products Corporation; American Home Products Corporation; Interneuron Pharmaceuticals, Inc.; and A. H. Robins Company, Incorporated, from Washington Circuit. Affirmed. (10 PAGES PUBLISHED)[HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR98-1312. Kenneth Joel Rushing v. State of Arkansas, from Miller Circuit. Affirmed. (6 PAGES PUBLISHED)[HTML, WP5.1]
PER CURIAM ORDERS
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR99-592. Terrence Washington v. State of Arkansas, from Crittenden Circuit.
99-586. Margaret Mobley Burgess et al. v. Bradley E. Allen and Barbara J. Allen, from Pope Chancery.
99-589. B. W. Dalton v. Allen Engineering Corporation et al., from Workers' Compensation Commission.
99-591. Patricia Kimbrell v. Arkansas Department of Health, from Workers' Compensation Commission.
99-598. George Lewis v. Worth James Construction, from Workers' Compensation Commission. Glaze and Imber, JJ., not participating.
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CR98-1442. James L. Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division. Show cause hearing. Remanded. See per curiam this date. (2 PAGES PUBLISHED)[HTML, WP5.1]
CR99-68. Jerry Johnson v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal is denied.
CR99-614. Veronica Butler v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of Harold W. Madden to be relieved as attorney for appellant is denied. Attorneys Harold Madden and J. Ted Blagg are appointed to represent appellant on appeal.
CR99-655. John Slaughter v. State of Arkansas, from Jefferson Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED)[HTML, WP5.1]
CR99-658. David E. Nicklas v. Honorable Marion A. Humphrey, Judge, from Pulaski Circuit, First Division. Petition for writ of mandamus is denied without prejudice.
CR99-658. David E. Nicklas v. Honorable Marion A. Humphrey, Judge, from Pulaski Circuit, First Division. Motion to replace petition with correct appellee is granted.
98-156. James Arthur, M.D. and Alan C. Gocio, M.D. v. Betty Jo Zearley and Herman Zearley, from Saline Circuit. Appellees' motion to amend mandate is denied. Glaze and Corbin, JJ., not participating.
98-1369. In Re: Rules Governing Professional Conduct, an Original Action. Amended petition of the Pulaski County Bar Association to adopt proposed additions to Rules 1.6 and 8.3 of the Arkansas Rules of Professional Conduct. See per curiam issued June 18, 1999. [HTML, WP5.1]
CR99-734. Charles A. "Jack" Walls III v. State of Arkansas, from Lonoke Circuit. Petitioner's motion to expedite and stay proceedings pending appeal. Motion to expedite granted. Motion to stay proceedings denied. Petition for writ of prohibition is denied without prejudice. (Proceedings of June 22, 1999)
CR98-926. Calvin Clyde Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion to have court-appointed attorney furnish supplemental abstract. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-1082. Gary D. Davis v. State of Arkansas, from Garland Circuit. Pro se motion to file amended brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-112. Chad Hilderbrand v. State of Arkansas, from Pope Circuit. Pro se motion for reconsideration of motion for appointment of counsel and pro se motion for extension of time to file brief. Motion for reconsideration denied; motion for extension of time granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-386. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to consolidate record, supplement abstract, and for transcript and extension of time. Motions to consolidate record and supplement abstract moot; motion for transcript and extension of time treated as motion for access to record and granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-576. Kelly Davis v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CACR98-183. Romero Ben Crespo a/k/a Bienuendo Ben Crespo v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for certified photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Administrative Order Number 2, Ark. R. Civ. P., Rules 5 and 58. See per curiam this date. (4 PAGES PUBLISHED)[HTML, WP5.1]
In Re: Supreme Court Ad Hoc Committee on Foster Care and Adoption. See per curiam this date. (5 PAGES PUBLISHED)[HTML, WP5.1]
In Re: Rule 5.5, Rules of Criminal Procedure. See per curiam this date. (1 PAGE PUBLISHED)[HTML, WP5.1]
In Re: Rules of Criminal Procedure, New Rule 8.6. See per curiam this date. (1 PAGE PUBLISHED)[HTML, WP5.1]
In Re: Rule 2, Rules of Appellate Procedure-Criminal. See per curiam this date. (7 PAGES PUBLISHED)[HTML, WP5.1]
In Re: Client Security Fund Committee. See per curiam this date. (1 PAGE PUBLISHED)[HTML, WP5.1]
Bill W. Bristow, Esq., of Jonesboro, First Congressional District, is hereby appointed to the Client Security Fund Committee for a five year term to expire on July 31, 2004.
The Court thanks Mr. Bristow for accepting appointment to this most important Committee.
The Court expresses its appreciation to Mr. Richard A. Jarboe, Esq., whose term has expired, for his years of service to this Committee.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING:
98-1002. Daniel Buchte v. State of Arkansas, from Independence Probate.
98-1193. Saforo & Associates, Inc. et al. v. Porocel Corporation, from Pulaski Chancery, Sixth Division.
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PETITIONS FOR REVIEW:
CR99-624. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit.
99-607. Boatmen's Arkansas, Inc. v. Jim G. Farmer III, from Pulaski Circuit, Third Division.
99-637. Louise Maxey v. Tyson Foods, Inc., from Workers' Compensation Commission.
99-645. Van Thielemier v. East Arkansas Area Agency on Aging, from Workers' Compensation Commission.
99-647. Jimmy White v. Georgia-Pacific Corporation, from Workers' Compensation Commission.
99-649. Sarah Ellison v. Therma-Tru, from Workers' Compensation Commission.
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99-426. In Re: Timothy D. Williams (Arkansas Bar ID #75140). Timothy D. Williams is ordered to appear today at 9:00 a.m.
99-427. In Re: Robert Fuller Meurer (Arkansas Bar ID #85108). Robert Fuller Meurer is ordered to appear today at 9:00 a.m.
CR86-163. Mark Edward Gardner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for appointment of counsel.
CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file supplemental brief.
CR98-1475. Phillip Todd Chenowith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to strike and alternatively to remand to settle the record.
CR99-411. Wilbert Muldrew v. State of Arkansas, from Hempstead Circuit. Appellee's motion to dismiss appeal.
CR99-678. Robert Todd Burmingham v. State of Arkansas, from Cross Circuit. Motion for rule on the clerk.
CR99-680. Elliott Ward v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to dismiss appeal and relieve attorney of record.
98-698. J. Stephen Warnock v. Ann Warnock (Laser), from Pulaski Chancery, First Division. Appellee's motion for clarification and determination.
99-687. Mark Bauswell, Sr. et al. v. Arkansas Department of Human Services, from Searcy Chancery. Motion for rule on the clerk.
SUBMISSIONS
98-1518. State of Arkansas v. Farm Credit Services of Central Arkansas et al., from Pulaski Chancery, First Division. Argued orally.
99-25. Cleo Raynor v. Dr. James Kyser, from Pulaski Circuit, Sixth Division. Argued orally.
98-1505. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit.
99-20. Franklin David Chambers, M.D. v. Harold Patrick Stern, M.D. and George Hamilton, M.D., from Pulaski Circuit, Sixth Division.
99-69. Gould School District v. Gloria Dobbs, from Lincoln Circuit.
Published opinions are available on the Internet at