Opinions delivered
October 21, 1999
Anthony v. State (Glaze, J.)
CR98-1471
Motions -- Trial court's denial of motion for continuance not abuse of discretion. [HTML, WP5.1]
Dye v. State (Per Curiam) CR99-1023
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Fullerton v. McCord (Smith, J.) 99-306
Habeas corpus -- Writ sought to prevent extradition; substantial evidence supported denial of petition. [HTML, WP5.1]
Harris v. State (Thornton, J.) CR99-593
Evidence - Prior consistent statement admitted; trial court's ruling correct. [HTML, WP5.1]
Lord v. Mazzanti (Glaze, J.) 99-163
Civil procedure -- Ark. R. Civ. P. 60(a) permits correction of clerical mistakes at any time; mistake here clearly clerical; chancellor's amended decree proper. [HTML, WP5.1]
Myrick v. Myrick (Arnold, C.J.) 99-247
Gifts -- Presumption of invalidity; first prong of test to shift burden not met; no error in trial court's failure to ward appellant certain property as separate estate; no abuse of discretion found in award of alimony. [HTML, WP5.1]
Norman v. State (Per Curiam) CR98-582
Criminal procedure -- Postconviction relief; decision that appellant's attorney was not representing confidential informant clearly against preponderance of evidence; matter remanded for analysis of whether counsel's dual representation was actual conflict of interest and for specific written findings. [HTML, WP5.1]
Porter v. State (Arnold, C.J.) CR96-1477
Criminal procedure -- Postconviction relief; fundamental fairness dictated that appellant be allowed to proceed with Rule 37 petition. [HTML, WP5.1]
Rash v. Huffman (Per Curiam) 99-1062
Certiorari -- Petition for treated as one for mandamus; chancellor directed to conduct hearing. [HTML, WP5.1]
Slack v. State (Per Curiam) CR99-809
Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]
Smith v. Credit Serv. Co. (Thornton, J.) 99-275
Judgment -- Judgment did not become a lien on appellant's real property; trial court erred in denying appellant's motion to quash execution and vacate sale of property. [HTML, WP5.1]
In Re: Rule 6, Rules of Appellate Procedure--Criminal (Per
Curiam)
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WP5.1]
Barrett v. Norris, 98-700 (Per Curiam), affirmed October 21, 1999.
Bell v. Green, 99-840 (Per Curiam), Appellant's Pro Se Motion for Extension of Time to File Pro Se Brief; granted October 21, 1999.
Gilliam v. State, CR 87-116 (Per Curiam), Pro Se Motion for Photocopies at Public Expense; denied October 21, 1999.
Hunes v. State, CR 99-82 (Per Curiam), Pro Se Motion for Appointment of Counsel; denied and appeal dismissed October 21, 1999.
Norman v. State, CR 98-582 (Per Curiam), Motion to Withdraw and Substitute Counsel; denied October 21, 1999.
Ray v. State, 99-847 (Per Curiam), Pro Se Motion for Extension of Time to File Brief; denied and appeal dismissed October 21, 1999.
Vaughn v. State, CR 98-741 (Per Curiam), affirmed October 21, 1999.
West v. State, CR 99-961 (Per Curiam), Pro Se Motion for Belated Appeal of Order; denied October 21, 1999.
Williams v. State, CR 98-740 (Per Curiam), affirmed October 21, 1999.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR96-1477. Calvin Porter v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]
99-247. Kathryn Ann Myrick v. Richard Dale Myrick, from Garland Chancery. Affirmed. Corbin, J., concurs. Brown and Imber, JJ., dissent. (12 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR98-1471. Pearl Anthony v. State of Arkansas, from Hempstead Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
99-163. John E. Lord and Sue F. Lord v. O. B. Mazzanti et al., from Chicot Chancery. Affirmed. Brown, J., concurs. (8 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
99-275. Clarence U. Smith v. Credit Service Company, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]
CR99-593. Corey Roshan Harris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
99-306. S. Baker Fullerton v. John McCord, from Arkansas Circuit, Southern District. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-582. Dinzel Earl Norman v. State of Arkansas, from Newton Circuit. Reversed and Remanded in Part; Affirmed in Part. (7 PAGES PUBLISHED) [HTML, WP5.1]
CR98-740. Preston Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (7 PAGES UNPUBLISHED)
CR98-741. Daryl Vaughn v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (3 PAGES UNPUBLISHED)
98-700. Donald Barrett v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED)
PER CURIAM ORDERS
REVIEWS DENIED: Petitions for review were denied today in the following cases.
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. Smith, J., not participating.
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99-1062. Arthur Rash and Shirley Rash v. Honorable Donald R. Huffman, Judge, from Carroll Chancery, Eastern District. Petition for writ of certiorari. Mandamus granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR96-1237. Kenneth Monroe Strawbridge v. State of Arkansas, from Faulkner Circuit. Appellant's motion for extension of time to return writ of certiorari. Moot.
CR99-584. Larry James Osborn v. State of Arkansas, from Saline Circuit. Appellant's motion for extension of time to return writ of certiorari is granted. Final extension.
CR99-1023. Jerry Shelton Dye v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
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 is denied without prejudice.
99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellee's motion to strike appellant's brief. Passed until case submitted. Corbin and Imber, JJ., not participating.
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 is granted. Thornton and Smith, JJ., not participating.
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. Noted.
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. Based upon the record before us we are unable to reach the motion to clarify law. Mr. Matthews' request to appear is noted and he may proceed as appellant's counsel if Mr. Sherman chooses to withdraw.
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 is granted.
99-953. Tim A. Womack v. Phillip Foster, from Ouachita Circuit. Appellant's motion to submit three copies of appendix is denied. Corbin and Thornton, JJ., not participating.
99-1045. Joseph L. Perry, Jr. v. Lee County, Arkansas, from Lee Circuit. Petition for writ of certiorari to complete the record is granted.
CR99-809. James Slack v. State of Arkansas, from Faulkner Circuit. Motion for belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR87-116. Leon Gilliam v. State of Arkansas, from Pulaski Circuit. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-582. Dinzel Earl Norman v. State of Arkansas, from Newton Circuit. Motion to withdraw and substitute counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-82. Cardell Hunes v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for appointment of counsel. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)
CR99-961. Shelly A. West v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
99-840. Albert Bell v. J. W. Green, Jr. and Brad Green, from Arkansas Circuit, Northern District. Appellant's pro se motion for extension of time to file pro se brief. Motion for extension of time granted. See per curiam this date. (1 PAGE UNPUBLISHED)
99-847. Tori Ray v. State of Arkansas, from Jackson Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Rule 6, Rules of Appellate Procedure-Criminal. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
PETITION FOR REVIEW:
99-858. Vernon Woodall v. Hunnicutt Construction, from Workers' Compensation Commission.
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CR98-411. Walter Anthony Webb v. State of Arkansas, from Greene Circuit. Motion to withdraw as counsel of record.
CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellant's motion to waive abstracting requirement as to videotape.
CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellant's motion to consolidate records.
CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for extension of time to file brief.
CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's petition for writ of certiorari to complete the record.
99-426. Committee on Professional Conduct v. Timothy D. Williams (Arkansas Bar ID #75140), an Original Action. Committee's final petition.
99-665. Arkansas Tech University et al. v. Michael A. Link et al., from Pope Chancery. Appellees' motion to strike appellants' statement of case.
99-681. Tulsi K. Bharodia et al. v. Norman Pledger and Linda Pledger, from Pulaski Chancery, Third Division. Appellees' motion to strike appellant's supplemental brief or in the alternative motion for extension of time.
99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. United States' motion for voluntary dismissal of cross-appeal.
99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Appellees' motion for an expansion of the page limit.
99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellant's motion for oral argument.
99-884. David Davison v. Hon. Karen Baker Judge, from Searcy Chancery. Appellant's motion to consolidate cases before this court and to render decision as to jurisdiction of trial court, or in the alternative to combine cases for the purposes of writ of certiorari to United States Supreme Court.
99-1190. Ted R. Pittman et al. v. Huey Bullington et al., from Washington Circuit. Motion for rule on clerk.
SUBMISSIONS
CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Argued orally.
99-235. Wayne Fraley et al. v. Williams Ford Tractor and Equipment Co., from Washington Circuit. Argued orally.
CR99-513. Gregory R. Larimore v. State of Arkansas, from Crittenden Circuit.
CR99-594. Adrian Zawodniak v. State of Arkansas, from Pulaski Circuit, First Division.
99-302. Gerlinda R. Martin et al. v. James Arthur et al., from Garland Circuit.
99-318. Ernest Meister v. Safety Kleen, from Workers' Compensation Commission.