American Civil Liberties Union of Ark., Inc. v. State (Imber, J.) 99-335

Constitutional law -- Ark. Const. art 7 § 4; superintending control over courts not so broad as to give third party right to intervene in merits of criminal case against another person. [HTML, WP5.1]

Barclay v. Melton (Thornton, J.) 99-376

Constitutional law -- Act 916 of 1995; violated Ark. Const. art. 5 § 21; amended legislation violated prohibition against altering bill as to change its purpose. [HTML, WP5.1]

Camden Community Dev. Corp. v. Sutton (Thornton, J.) 99-258

Constitutional law -- Trial court's finding that rezoning issue was not subject to initiated action not erroneous; restrictions imposed by Ark. Const. amend 7 not applicable to power of city board to engage in administrative action of spot zoning. [HTML, WP5.1]

Fraley v. Williams Ford Tractor and Equip. Co. (Imber, J.) 99-235

Action -- Class action; appellee's pre-certification communications with potential class members was improper; trial court abused discretion in considering; numerosity requirement satisfied; trial court erred in finding common questions did not predominate over individual issues; trial court erroneously applied finality principles to reconsideration of certification decision; reversed and remanded. [HTML, WP5.1]

Huddleston v. State (Arnold, C.J.) CR99-682

Criminal procedure -- Speedy-trial time; periods properly excludable; right to speedy trial not violated; ineffective-assistance of counsel claims meritless. [HTML, WP5.1]

Kellar v. Fayetteville Police Dep't (Glaze, J.) 99-517

Statutes -- Sex and Child Offender Registration Act of 1997 intended to protect public from sex offenders; Act did not transform civil remedy into criminal penalty; Act essentially regulatory and nonpunitive; no violation of ex post facto clauses of United States and Arkansas Constitutions. [HTML, WP5.1]

Leaks v. State (Imber, J.) CR99-624

Appeal & error-- Objection during closing overruled; matter preserved for review; prosecutor's reference in closing improper; trial court abused discretion in failing to sustain appellant's objection; deliberation skewed in favor of first-degree murder due to prosecutor's remarks; case reversed and remanded. [HTML, WP5.1]

McCullough v. State (Glaze, J.) 99-314

Contempt -- Evidence sufficient; finding of contempt affirmed. [HTML, WP5.1]

McDole v. State (Smith, J.) CR99-332

Constitutional law -- Equal protection clause does not mandate that civil and criminal defendants have equal discovery rights. [HTML, WP5.1]

Rainey v. Hartness (Corbin, J.) 99-529

Search & seizure -- Trial court did not err in finding no legitimate expectation of privacy in deer stand; appellee wildlife enforcement officer immune from damages for state civil-rights claims. [HTML, WP5.1]

Reeves v. State (Brown, J.) CR98-872

Criminal procedure -- Motion to modify condition of probation; trial court had authority to modify illegal condition; probation condition requiring exile void as matter of law; order denying motion to modify condition reversed and remanded. [HTML, WP5.1]

Shoemate v. State (Per Curiam) CR98-1107

Criminal procedure -- Postconviction relief; appellant's failure to file petition within ninety days foreclosed right; supreme court lacked jurisdiction to entertain appeal from denial of motion for which trial court also lacked jurisdiction. [HTML, WP5.1]

State v. Robbins (Thornton, J.) CR98-1394

Criminal law -- Death-penalty cases; supreme court has affirmative duty to review record for prejudicial error; holding of Franz v. State still valid; death penalty cases distinguished from cases in which defendant has received sentence of life imprisonment; case remended for preparation of record; writ of certiorari issued. [HTML, WP5.1]

In Re: Appointment of Counsel in Criminal Cases (Per Curiam) [HTML, WP5.1]

Sawyer v. State, CA CR 96-897 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense; denied December 2, 1999. [HTML, WP5.1]

Skinner v. State, CR 99-1068 (Per Curiam), Pro Se Motion for Duplication of Appellant's Briefs at Public Expense; denied and appeal dismissed December 2, 1999. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

CR99-682. John Lee Huddleston v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

99-314. R. S. McCullough v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

99-517. Larry Kellar v. Fayetteville Police Department, from Washington Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-529. Jerry Rainey and James Harton v. James Hartness, in His Individual Capacity as Wildlife Officer for Grant County, from Grant Circuit. Affirmed. Thornton, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR98-872. Emma Reeves v. State of Arkansas, from Lonoke Circuit. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-624. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit. Reversed and Remanded. (15 PAGES PUBLISHED) [HTML, WP5.1]

99-235. Wayne and Sylvia Fraley, Individually and on Behalf of Others Similarly Situated v. Williams Ford Tractor and Equipment Company, from Washington Circuit. Reversed and Remanded. (31 PAGES PUBLISHED) [HTML, WP5.1]

99-335. American Civil Liberties Union of Arkansas, Inc. v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Glaze, Corbin, and Smith, JJ., concur. Brown and Thornton, JJ., dissent. (6 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR98-1394. State of Arkansas v. Robert A. Robbins, Bobbye Jeanne Robbins, Next Friend and Intervenor, from Craighead Circuit, Western District. Writ of Certiorari Issued. Glaze, Corbin, and Smith, JJ., dissent. (12 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-258. Camden Community Development Corporation v. Mary Jo Sutton et al., from Ouachita Circuit. Affirmed. Corbin and Imber, JJ., dissent. (9 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-376. Dick Barclay, Director, Arkansas Department of Finance and Administration et al. v. Dan Melton et al., from Pulaski Chancery, Second Division. Affirmed and Remanded. Imber, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-332. John Mark McDole v. State of Arkansas, from Baxter Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1107. Melvin Shoemate v. State of Arkansas, from Fulton Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for rehearing was denied today in the following case.

99-247. Kathryn Ann Myrick v. Richard Dale Myrick, from Garland Chancery. Brown and Imber, JJ., would grant.

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REVIEW GRANTED: Petition for review was granted today in the following case.

99-1249. Newcourt Financial, Inc. v. Canal Insurance Company, from Crawford

Circuit.

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REVIEWS DENIED: Petitions for review were denied today in the following cases.

99-1228. Donald Jordan v. Jay Bird Manufacturing, from Workers' Compensation Commission.

99-1251. Daryl Byrum v. Winrock Development Company and Marlar Engineering Company, from Pulaski Circuit, Second Division. Glaze, J., not participating.

99-1286. John H. Ebbing and Peggy O. Ebbing v. State Farm Fire & Casualty Company, from Pulaski Circuit, Third Division. Glaze and Imber, JJ., would grant.

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 is granted.

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 is granted. See per curiam issued December 3, 1998.

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 is granted. Imber, J., not participating.

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 is denied. Imber, J., not participating.

99-858. Vernon Woodall v. Hunnicutt Construction Company, from Workers' Compensation Commission. Appellant's motion to file supplemental brief is granted.

99-858. Vernon Woodall v. Hunnicutt Construction Company, from Workers' Compensation Commission. Appellee's motion to file supplemental brief is granted.

99-1262. The Arkansas Public Defender Commission v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Respondent's motion to supplement the record is granted. Request for oral argument granted. Corbin, J., not participating.

CR99-1068. Mitchell Skinner v. State of Arkansas, from Jefferson Circuit. Pro se motion for duplication of appellant's briefs at public expense. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR96-897. Myron Sawyer v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointment of Counsel in Criminal Cases. See per curiam this date.  (1 PAGE PUBLISHED) [HTML, WP5.1]

99-78. BNL Equity Corporation et al. v. Myra Jo Pearson et al., from Pulaski Circuit, Third Division. Motion to reschedule oral argument is granted. (Proceedings of December 1, 1999)

99-1364 & 99-1353. Joseph Dean et al. v. Honorable Randall L. Williams, Judge, from Phillips Circuit. Petition for writ of certiorari or, alternatively, motion to stay and bail. Writ of certiorari granted. Stay issued. See per curiam. (Proceedings of November 22, 1999)

PETITION FOR REHEARING:

CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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PETITION FOR REVIEW:

99-1327. Bob Cole Bail Bonds, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

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CR98-922. Donnie Whitney v. State of Arkansas, from Lafayette Circuit. Motion for reconsideration.

CR98-1073. Mack E. Stephens v. State of Arkansas, from Van Buren Circuit. Motion for belated appeal and appointment of counsel.

CR99-809. James Avery Slack v. State of Arkansas, from Faulkner Circuit. Appellant's motion for extension of time to return writ of certiorari.

CR99-1063. Curtis Winfrey v. State of Arkansas, from Little River Circuit. Entry of appearance as counsel for appellant.

CR99-1352. Dana Daniel Thetford v. State of Arkansas, from Crawford Circuit. Motion for rule on the clerk.

98-1369. In Re: Rules Governing Professional Conduct, an Original Action. Amended and substituted petition to adopt the proposed modifications to Rules 1.6 and 8.3 of the Arkansas Model Rules of Professional Conduct and to Canon 3D of the Arkansas Code of Judicial Conduct.

99-1258. G & D Construction, Inc. v. Doug Sperry and Jane Sperry, from Benton Circuit. Appellees' motion for attorney's fees.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Petitioners' request for relief and appeal of chancery court orders.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Petitioners' motion for appointment of counsel.

99-1356. Pine Bluff Large Animal Veterinary Service v. Kay Marx, from Jefferson Circuit. Motion for rule on the clerk.

99-1357. Pine Bluff Large Animal Veterinary Service v. General Motors Corporation, from Jefferson Circuit. Motion for rule on the clerk.

CA99-1182. Lowell Taylor v. Zanone Properties, from Crittenden Circuit. Appellant's motion to stay briefing schedule and consolidate appeals.

99-953. Tim A. Womack v. Phillip Foster, from Ouachita Circuit. Argued orally.

CR99-886. Waymon Derrall Holbert v. Honorable Russell Rogers, Judge, from Arkansas Circuit, Southern District.

99-587. Ronnie D. Ford v. St. Paul Fire & Marine Insurance Company, from Craighead Circuit, Western District.

99-617. Verlon McKay v. Debra McKay, from Saline Chancery.

99-644. Charlsie Johnson Luttrell et al. v. City of Conway et al., from Faulkner Chancery.