Opinions delivered
November 18, 1999
Dobie v. Rogers (Smith, J.) 99-531
Appeal & error -- No objection on apportionment of damages; ruling on joint and several liability affirmed; giving of instructions; objection required before or at time given. [HTML, WP5.1]
Fowler v. State (Imber, J.) CR99-802
Evidence -- Witnesses' commitment to truth in doubt; evidence relevant to issue of credibility; cross-examination allowed; no abuse of discretion found. [HTML, WP5.1]
Green v. Mills (Brown, J.) 99-420
Prohibition, writ of -- Ark. R. Civ. P. 4(d)(1) and 4(d)(2) will not be interpreted to carve out unique exception; petition denied. [HTML, WP5.1]
King v. Whitfield (Arnold, C.J.) 99-359
Elections -- Complaint properly dismissed for lack of jurisdiction; complaint properly dismissed for failure to state cause of action. [HTML, WP5.1]
Nance v. State (Arnold, C.J.) CR99-365
Criminal procedure -- Postconviction relief; evidentiary hearing not required where allegations have no merit; relief on claim of ineffective assistance of counsel properly denied by trial court. [HTML, WP5.1]
Nooner v. State (Smith, J.) CR98-577
Criminal procedure -- Postconviction relief; constitutional challenge not considered where previously rejected; decision not to request psychiatric evaluation did not constitute ineffective assistance of counsel. [HTML, WP5.1]
Osburn v. Busbee (Per Curiam) 99-1097
Appeal & error -- Motion to reconsider -- denied. [HTML, WP5.1]
Skelton v. Skelton (Thornton, J.) 99-152
Divorce -- Pension not designed to replace noncontractual social security benefits; trial court's inclusion of fireman's pension as marital property affirmed; Ark. Code Ann. § 9-12-315 rationally related to several legitimate governmental purposes; job-related disability benefits not marital property. [HTML, WP5.1]
Walls v. State (Per Curiam) CR99-1267
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Early v. State, CR 99-1113 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order; denied November 18, 1999.
Farris v. State, CR 99-765 (Per Curiam), Pro Se Motion to File Belated Reply Brief; denied and appeal dismissed November 18, 1999.
Kidd v. State, CR 97-586 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis; denied November 18, 1999.
Patton v. State, CR 98-1046 (Per Curiam), affirmed November 18, 1999.
Williams v. State, CR 99-1070 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order; denied November 18, 1999.
Wright v. State, CR 98-926 (Per Curiam), dismissed in part; affirmed in part November 18, 1999.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR99-365. Eric Randall Nance v. State of Arkansas, from Hot Spring Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
99-359. Durwood King v. Sam Whitfield, Marion Hickey, Dennis Littleton, Carolyn Doster, and The Phillips County Election Commission, from Phillips Circuit. Affirmed. Glaze, Brown, and Smith, JJ., concur. (7 PAGES + 6-PAGE CONCURRENCE + 8-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
99-420. Curtis Jason Green v. The Honorable William Pickens Mills, White County Circuit Judge, Paul W. Howell and Lori Howell, on Petition for Writ of Prohibition from White Circuit. Petition for Writ of Prohibition Denied. Motion to Dismiss Writ of Prohibition and Motion to Quash. Moot. (7 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR99-802. Gerald Dean Fowler v. State of Arkansas, from Washington Circuit. Affirmed, Court of Appeals Reversed. Glaze, Thornton, and Smith, JJ., dissent. (16 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
99-152. Roy Allen Skelton v. Kathy Diane Skelton, from Washington Chancery. Affirmed. Corbin, J., concurs in part and dissents in part. (11 PAGES + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
CR98-577. Terrick Terrell Nooner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
99-531. Kay Dobie v. Larry R. Rogers and Elizabeth H. Snipan, from Faulkner Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-926. Calvin Clyde Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Dismissed in Part; Affirmed in Part. (4 PAGES UNPUBLISHED)
CR98-1046. Charles Patton v. State of Arkansas, from Bradley Circuit. Affirmed. (3 PAGES UNPUBLISHED)
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
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. (Appellee Scott A. Schoen, D.D.S.)
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. (Appellee State Board of Dental Examiners)
98-1463. Cliff Biedenharn et al. v. Bobby L. Hogue, from Craighead Circuit, Western District. Brown and Smith, JJ., would grant.
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REVIEW GRANTED: Petition for review was granted today in the following case.
99-1217. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery. Arnold, C.J., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
99-1179. Robert T. Williams et al. v. Bill Harmon et al., from Pulaski Chancery, First Division.
99-1196. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission.
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99-420. Curtis Jason Green v. Honorable William Pickens Mills, Judge et al., from White Circuit. Respondent's motion to dismiss writ of prohibition. Moot. See opinion this date.
99-420. Curtis Jason Green v. Honorable William Pickens Mills, Judge et al., from White Circuit. Motion of separate respondents Paul W. Howell and Lori Howell to quash petition for writ of prohibition. Moot. See opinion this date.
99-1097. Patricia Osburn et al. v. Bryan Busbee d/b/a Busbee Construction, from Washington Chancery. Appellant's motion for reconsideration. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellant's motion to supplement the record is granted.
CR99-896. Kenneth R. Loehr v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal is granted.
CR99-943. Antoine Hopkins v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal is granted.
CR99-972. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is denied.
CR99-972. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Appellant's motion for rule on the clerk and motion for extension of time to file brief. Granted thirty days.
CR99-1003. Raymond Williams, III v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is granted.
CR99-1267. Charles A. "Jack" Walls, III 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]
98-1030. James M. Stickley/McPhearson, Jr. v. Larry Norris, from Jefferson Circuit. Appellee's motion to dismiss appeal is denied.
99-28. Lake View School District No. 25 of Phillips County et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellees' motion for substitution of counsel is granted.
99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Appellants' motion to file an enlarged reply brief is granted. Thornton and Smith, JJ., not participating.
99-1275. McBryde Family Limited Partnership et al. v. Athletic World Advertising, Inc. et al., from Washington Chancery. Motion for rule on the clerk is denied.
99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Request to proceed in forma pauperis is granted.
CR97-586. Larry Joe Kidd v. State of Arkansas, from White 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. (4 PAGES UNPUBLISHED)
CR99-765. Carl Farris v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to file belated reply brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR99-1070. Tony Williams v. State of Arkansas, from Garland 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)
CR99-1113. Reginald Early v. State of Arkansas, from Dallas 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)
PETITION FOR REHEARING:
99-247. Kathryn Ann Myrick v. Richard Dale Myrick, from Garland Chancery.
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PETITIONS FOR REVIEW:
99-1228. Donald Jordan v. Jay Bird Manufacturing, from Workers' Compensation Commission.
99-1249. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford Circuit.
99-1251. Daryl Byrum v. Winrock Development Company and Marlar Engineering Company, from Pulaski Circuit, Second Division.
99-1286. John H. Ebbing and Peggy O. Ebbing v. State Farm Fire & Casualty Company, from Pulaski Circuit, Third Division.
99-1288. Boardwalk-College Apartments v. Employment Security Department and John S. Rutherford, from Board of Review.
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CR98-436. Freddie Davis Matthews v. State of Arkansas, from Washington Circuit. Motion to withdraw as counsel.
CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion for access to sealed records and for permission to abstract and argue the sealed records.
99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor of the State of Arkansas et al., from Pulaski Chancery, Second Division. Appellants' motion to expedite.
99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor of the State of Arkansas et al., from Pulaski Chancery, Second Division. Appellants' motion for additional time for oral argument.
99-858. Vernon Woodall v. Hunnicutt Construction Company, from Workers' Compensation Commission. Appellant's motion to file supplemental brief.
99-858. Vernon Woodall v. Hunnicutt Construction Company, from Workers' Compensation Commission. Appellee's motion to file supplemental brief.
99-647. Jimmy White v. Georgia-Pacific Corporation, from Workers' Compensation Commission. Argued orally.
CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit.
CR99-332. John Mark McDole v. State of Arkansas, from Baxter Circuit.
CR99-682. John Lee Huddleston v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
99-583. William Mashburn, II v. Meeker Sharkey Financial Group, Inc. et al., from Garland Circuit.
99-612. State of Washington et al. v. William Gordon Thompson, from Pulaski Chancery, Tenth Division.