ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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338 Ark.

Opinions delivered
October 14, 1999


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Arkansas State Med. Bd. v. Schoen (Brown, J.) 98-1309

Equity -- Chancery court should retain jurisdiction where administrative remedy was inadequate; appellee Dental Board to remain party. [HTML, WP5.1]

Bush v. State (Imber, J.) CR99-355

Criminal law -- Custody; legislature did not intend credit for electronic monitoring while defendant awaits trial; "in custody" excludes defendants released on bond under condition of electronic monitoring; credit for time spent "in custody" available only to those in penal institute. [HTML, WP5.1]

Colbert v. State (Per Curiam) CR99-1101

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Criddle v. State (Corbin, J.) CR98-1157

Criminal law -- Out-of-state arrest valid; law enforcement officials had more than bare suspicion that appellant had committed felony; trial court did not err in finding that arrest was valid; Mississippi confession properly admitted. [HTML, WP5.1]

Greene v. State (Per Curiam) CR96-362

Certiorari, writ of -- Granted; trial court's findings affirmed. [HTML, WP5.1]

Grine v. Board of Trustees (Smith, J.) 99-18

Constitutional law -- Sovereign immunity; office does not shield officer acting unlawfully; appellant's claim against appellee Board of Trustees barred; chancery court was incompetent to grant legal relief sought by appellant. [HTML, WP5.1]

Hamel v. State (Brown, J.) CR98-23

Appeal & error -- Postconviction relief; appellant's petition filed on ninety-second day; correctly dismissed for lack of jurisdiction. [HTML, WP5.1]

National Bank of Commerce v. The Dow Chem. Co. (Corbin, J.) 98-1148

Courts -- Identical cases between same parties in both federal and state court; first forum to enter judgment binds parties; federal district court's grant of summary judgment binding; addition of defendants in state suit did not bar applicability of res judicata with respect to those defendants in former suit; trial court's finding that appellees were entitled to judgment as matter of law affirmed. [HTML, WP5.1]

Osburn v. Busbee (Per Curiam) 99-1097

Appeal & error -- Notice of appeal not timely filed; motion to dismiss granted. [HTML, WP5.1]

Richards v. State (Smith, J.) CR99-717

Appeal & error -- Interlocutory appeal not proper procedure for bringing pretrial speedy-trial issue; appeal dismissed without prejudice. [HTML, WP5.1]

State v. Jones (Imber, J.) CR99-352

Administrative law & procedure -- Trial court on notice that State was relying on regulations; formal judicial notice not necessary; issue was preserved for appeal. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Choate v. State, CR 98-818 (Per Curiam), affirmed October 14, 1999.

Clay v. State, CR 93-1262 (Per Curiam), Pro Se Motion for Photocopy of Opinions at Public Expense; denied October 14, 1999.

Cobb v. State, CR 99-631 (Per Curiam), Appellant's Pro Se Motion for Extension of Time to File Pro Se Brief; granted October 14, 1999.

Garner v. State, CR 98-703 (Per Curiam), affirmed October 14, 1999.

Gross v. State, CR 88-195 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis; denied October 14, 1999.

Hicks v. State, CR 98-353 (Per Curiam), affirmed October 14, 1999.

McNeese v. State, CR 96-924 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense; denied October 14, 1999.


ORIGINAL SYLLABUS

DONALD L. CORBIN, JUSTICE:

CR98-1157. Earnest M. Criddle, Jr. v. State of Arkansas, from Phillips Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

98-1148. National Bank of Commerce et al. v. The Dow Chemical Company et al., from Pulaski Circuit, Seventh Division. Affirmed. Special Justices Gail Inman-Campbell and Ted Sanders join in this opinion. Glaze and Imber, JJ., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR98-23. Eric Alan Hamel v. State of Arkansas, from Benton Circuit. Affirmed. Corbin, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

98-1309. Arkansas State Medical Board v. Scott A. Schoen, D.D.S. and Arkansas State Board of Dental Examiners, from Pulaski Chancery, Second Division. Motion to Dismiss Arkansas State Board of Dental Examiners. Granted in Part; Denied in Part. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-352. State of Arkansas v. Mike J. Jones, from Crawford Circuit. Reversed and Remanded. Glaze, J., dissents. (9 PAGES + 2-PAGE DISSENT) [HTML, WP5.1]

CR99-355. Henry Eugene Bush v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-717. Sylvester Richards v. State of Arkansas, from Lonoke Circuit. Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

99-18. Michael Grine v. Board of Trustees of the University of Arkansas, from Washington Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-353. Ben Wesley Hicks v. State of Arkansas, from Garland Circuit. Affirmed. (7 PAGES UNPUBLISHED)

CR98-703. Howard Vance Garner v. State of Arkansas, from Garland Circuit. Affirmed. (5 PAGES UNPUBLISHED)

CR98-818. Roy Roger Choate v. State of Arkansas, from Carroll Circuit. Affirmed. (3 PAGES UNPUBLISHED)

PER CURIAM ORDERS

98-1309. Arkansas State Medical Board v. Scott A. Schoen, D.D.S. and Arkansas State Board of Dental Examiners, from Pulaski Chancery, Second Division. Appellees' motion to dismiss appeal. Granted in part; denied in part. See opinion this date.

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Petition for writ of certiorari. Granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

99-1097. Patricia Osburn et al. v. Bryan Busbee d/b/a Busbee Construction, from Washington Chancery. Appellee's motion to dismiss appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion to file belated brief is granted.

CR99-795. Albert A. Dirickson v. State of Arkansas, from Sevier Circuit. Appellee's motion to remand is granted.

CR99-821. Charles Bernard Watson v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.

CR99-1101. Isaac A. Colbert v. State of Arkansas, from Nevada Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

98-1342. Arkansas Department of Human Services et al. v. Arkansas Health Care Association et al., from Pulaski Circuit, Third Division. Appellees' motion for reconsideration is denied.

99-816. Angie Ullom et al. v. Arkansas Department of Human Services, from Benton Circuit. Appellee's motion to file supplemental brief is granted.

99-1138. James L. Braden et al. v. James Houston Gunter, from Hempstead Circuit. Motion for rule on the clerk is denied.

CA99-181. Simmons First Bank of Arkansas v. Bob Callahan Services, Inc., from Pulaski Chancery, Third Division. Appellee's motion for reassignment to Supreme Court is granted.

CR88-195. Billy Gross v. State of Arkansas, from Pulaski Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR93-1262. Michael Clay v. State of Arkansas, from Crittenden Circuit. Pro se motion for photocopy of opinions at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR96-924. Charles McNeese v. State of Arkansas, from Johnson Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR99-631. Louis Kenjuan Cobb v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's pro se motion for extension of time to file pro se brief. Motion for extension of time granted. (Final Extension). See per curiam this date. (1 PAGE UNPUBLISHED)

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR99-1098. Thomas Hill v. State of Arkansas, from Pope Circuit.

99-623. Richard A. Eisner, M.D. and Equivision, Inc. v. Ron Fields, from Sebastian Circuit, Fort Smith District.

99-818. Robert D. Brandon and Carl Brooks v. Arkansas Western Gas Company, from Public Service Commission.

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CR96-1237. Kenneth Monroe Strawbridge v. State of Arkansas, from Faulkner Circuit. Appellant's motion for extension of time to return writ of certiorari.

CR99-584. Larry James Osborn v. State of Arkansas, from Saline Circuit. Appellant's motion for extension of time to return writ of certiorari.

CR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Renewed motion for rule on the clerk.

CR99-1139. Carmen Buzbee and Janice Dotson v. Honorable Paul Danielson, Judge, from Logan Circuit, Northern District. Petition for temporary and permanent writs of prohibition.

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellee's motion to strike appellant's brief.

99-860. AT&T Communications of the Southwest et al. v. Arkansas Public Service Commission et al., from Public Service Commission. Appellant's motion to file supplemental brief on review.

99-878. Sharlett Craig, Personal Representative v. Bonita Carrigo and Edward J. Berrell, from Pulaski Probate, First Division. Motion of Kay L. Matthews for entry of appearance.

99-878. Sharlett Craig, Personal Representative v. Bonita Carrigo and Edward J. Berrell, from Pulaski Probate, First Division. Appellant's motion to clarify law or for withdrawal of counsel.

99-878. Sharlett Craig, Personal Representative v. Bonita Carrigo and Edward J. Berrell, from Pulaski Probate, First Division. Appellant's motion for extension of time to file brief.

99-953. Tim A. Womack v. Phillip Foster, from Ouachita Circuit. Appellant's motion to submit three copies of appendix.

99-1045. Joseph L. Perry, Jr. v. Lee County, Arkansas, from Lee Circuit. Petition for writ of certiorari to complete the record.

SUBMISSIONS

CR98-1354. Trent Harmon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Argued orally.

98-1540. William S.Warren, Jr. et al. v. Douglas Wayne Kelso, d/b/a The Kelso Firm, from Garland Chancery. Argued orally.

CR96-1477. Calvin Porter v. State of Arkansas, from Jefferson Circuit.

CR98-1471. Pearl Geanette Anthony v. State of Arkansas, from Hempstead Circuit.

CR99-802. Gerald Dean Fowler v. State of Arkansas, from Washington Circuit.

99-275. Clarence U. Smith v. Credit Service Company, from Sebastian Circuit, Fort Smith District.

99-306. S. Baker Fullington III v. John McCord, from Arkansas Circuit, Southern District.