Opinions delivered
November 4, 1999
Dean v. State (Corbin, J.) CR98-1498
Criminal procedure -- Speedy trial; trial court's ruling that period was properly excluded affirmed. [HTML, WP5.1]
In Re: Williams (Per Curiam) 99-426
Contempt -- Penalty imposed. [HTML, WP5.1]
King v. State (Per Curiam) CR99-1222
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Meister v. Safety Kleen (Glaze, J.) 99-318
Workers' compensation -- Commission's factual error on medical findings required reversal; matter remended for examination of relevant evidence. [HTML, WP5.1]
O'Brien v. State (Per Curiam) CR98-921
Criminal procedure -- Postconviction relief; appellant not entitled to counsel for purposes of Rule 37 petition; trial court's denial of petition as untimely affirmed. [HTML, WP5.1]
Riggs v. State (Brown, J.) CR98-1281
Constitutional law -- Confession by accused; failure to inform accused that counsel has been retained not enough to invalidate; admission of appellant's statement harmless error; cumulative evidence established guilt beyond reasonable doubt; jury instructions did not deprive appellant of due process; Franz hearing not warranted. [HTML, WP5.1]
Weaver v. State (Glaze, J.) CR98-33
Criminal procedure -- Postconviciton relief; trial court not clearly erroneous in finding counsel not ineffective for choosing not to assert entrapment defense; no abuse of discretion found in denial of appellant's last-minute attempt to amend postconviction petition. [HTML, WP5.1]
In Re: Harmon (Per Curiam) [HTML, WP5.1]
Brown v. State, 97-722 and 97-723 (Per Curiam), Pro Se Motion for Photocopy of Transcripts at Public Expense; denied November 4, 1999.
Emery v. State, CR 97-993 (Per Curiam), Motion to Withdraw granted; affirmed November 4, 1999.
Hussey v. State, CR 99-1004 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order; denied November 4, 1999.
Jones v. State, CR 98-924 (Per Curiam), reversed and remanded November 4, 1999.
Shibley v. State, 99-289 (Per Curiam), Pro Se Motion to File Belated Brief; granted November 4, 1999.
TOM GLAZE, JUSTICE:
CR98-33. Bobby D. Weaver v. State of Arkansas, from Fulton Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
99-318. Ernest Meister v. Safety Kleen, from Workers' Compensation Commission. Reversed and Remanded. Imber and Smith, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR98-1498. Howard Dean v. State of Arkansas, from Perry Circuit. Affirmed. Glaze, J., concurs. (7 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, First and Fourth Divisions. Affirmed. Thornton, J., dissents. (28 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR97-993. Paul Emery v. State of Arkansas, from Jackson Circuit. Motion to withdraw granted. Affirmed. (8 PAGES UNPUBLISHED)
CR98-921. Shawn O'Brien v. State of Arkansas, from Poinsett Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR98-924. Bobby Joe Jones v. State of Arkansas, from Lafayette Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED)
PETITIONS FOR REVIEW: Petitions for review were denied today in the following cases.
99-1180. Janice Kimberly May v. Robert D. May, Jr., from Lee Chancery.
99-1181. Charles Freeman v. T & S Sawmill Company, from Workers' Compensation Commission.
99-1198. Christy Evans v. Jim Evans, from Craighead Chancery, Western District.
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99-426. Committee on Professional Conduct v. Timothy D. Williams (Arkansas Bar ID #75140), an Original Action. Committee's final petition. Penalty for contempt imposed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and to stay briefing schedule. Granted 30 days to supplement the record.
CR99-1102. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and to stay briefing schedule. Granted 30 days to supplement the record.
CR99-1222. Milton Thomas King v. State of Arkansas, from Lonoke Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
99-816. Bobby Ullom and Angie Ullom v. Arkansas Department of Human Services, from Benton Circuit. Motion to intervene is denied.
99-1219. James E. Wilmans, Jr. v. Honorable Tom L. Hilburn, Judge et al., from Jackson Chancery. Petition for writ of prohibition is denied with costs awarded to respondents.
99-1219. James E. Wilmans, Jr. v. Honorable Tom L. Hilburn, Judge et al., from Jackson Chancery. Petition for temporary writ of prohibition is denied.
CR99-1074. Buford McDonald v. Hon. John S. Patterson, Judge, from Pope Circuit. Pro se motion for court order to stay jury trial until final disposition of the pending writ of prohibition is denied.
CR99-1004. Darryl Hussey a/k/a Daryl Desha Hussey v. State of Arkansas, from Drew Circuit. Pro se motion for rule on clerk to proceed with belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
97-722 and 97-723. Damien Brown v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopy of transcripts at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
99-289. K. Shibley a/k/a Kenneth O. Shibley v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to file belated brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Daniel Howard Harmon IV, Arkansas Bar ID #73051. Order barring Daniel Howard Harmon IV from the practice of law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
PETITION FOR REHEARING:
CR97-1415. Joe Louis Dansby v. State of Arkansas, from Nevada Circuit.
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PETITION FOR REVIEW:
99-1216. Russell Clark and Clark Properties v. Nancy B. Howe, Guardian, from Faulkner Chancery.
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CR99-1095. Jerry Riley v. Honorable John Homer Wright, Judge, from Garland Circuit. Appellant's motion for reconsideration.
99-420. Curtis Jason Green v. Honorable William Pickens Mills, Judge et al., from White Circuit. Respondent's motion to dismiss writ of prohibition.
99-420. Curtis Jason Green v. Honorable William Pickens Mills, Judge, from White Circuit. Motion of separate respondents Paul W. Howell and Lori Howell to quash petition for writ of prohibition.
99-1097. Patricia Osburn et al. v. Bryan Busbee d/b/a Busbee Construction, from Washington Chancery. Appellant's motion for reconsideration.
99-1141. Earl Oxford et al. v. Jim Perry et al., from Sebastian Circuit, Greenwood District. Appellants' motion to consolidate with Case No. 99-1142 and for extension of time to file brief.
99-1240. Ruby J. Watts v. State of Arkansas and The Arkansas State Claims Commission, from Jefferson Chancery. Motion for rule on the clerk.
99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Appellees' motion to dismiss appeal.
99-1258. G & D Construction, Inc. v. Doug Sperry and Jane Sperry, from Benton Circuit. Motion for rule on the clerk.
99-1258. G & D Construction, Inc. v. Doug Sperry and Jane Sperry, from Benton Circuit. Appellees' motion to dismiss appeal.
99-258. Camden Community Development Corporation et al. v. Mary Jo Sutton, from Ouachita Circuit. Argued orally.
99-359. Durwood King v. Sam Whitfield et al., from Phillips Circuit. Argued orally.
CR98-577. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fifth Division.
99-314. R. S. McCullough v. State of Arkansas, from Pulaski Circuit, Seventh Division.
99-406. Continental Express, Inc. et al. v. Marty Freeman, from Workers' Compensation Commission.
99-420. Curtis Jason Green v. Honorable William Pickens Mills, Judge et al., from White Circuit.