Opinions delivered
December 16, 1999
Brown v. Arkansas Dep't of Correction (Arnold, C.J.) 98-1012
Prisons -- Actions with respect to prison conditions may be dismissed for failure to state claim; appellant's complaint failed to set forth sufficient facts to support due-process claim. [HTML, WP5.1]
Buchheit v. State (Per Curiam) CR98-1042
Criminal procedure -- Postconviction relief; denial not error where counsel did not infirm appellant about parole-eligibility statute. [HTML, WP5.1]
Holbert v. Arkansas County Circuit Court (Glaze, J.) CR99-886
Prohibition, writ of -- Disputed questions of fact existed; petition denied. [HTML, WP5.1]
Johnson v. State (Per Curiam) CR98-1210
Criminal procedure -- Ark. R. Crim. P. 37 petition timely filed; reversed and remanded. [HTML, WP5.1]
Simpson v. State (Glaze, J.) CR98-423
Constitutional law -- Finding of voluntariness; not clearly against preponderance of evidence; motion to suppress properly denied; appellant lacked standing to object. [HTML, WP5.1]
Thetford v. State (Per Curiam) CR99-1352
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
White v. Georgia-Pacific Corp. (Corbin, J.) 99-647
Workers' compensation -- Substantial evidence lacking that appellant was not performing employment services when injured; reversed and remanded. [HTML, WP5.1]
Burton v. State, CR 99-1008 (Per Curiam), Pro Se Motion for Appointment of Counsel denied and appeal dismissed December 16, 1999. [HTML, WP5.1]
Doss v. State, CR 98-1128 (Per Curiam), affirmed December 16, 1999. [HTML, WP5.1]
McArty v. Judicial Discipline & Disability Comm'n, 99-1225 (Per Curiam), Pro Se Motion to Proceed in Forma Pauperis; granted December 16, 1999. [HTML, WP5.1]
McCoy v. State, CR 99-167 (Per Curiam), Pro Se Motion for Reply Brief to be Duplicated at Public Expense denied; Motion for Leave to Amend Tendered Reply Brief moot December 16, 1999. [HTML, WP5.1]
Murphy v. State, CR 99-1388 (Per Curiam), Petition for Review denied December 16, 1999. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
98-1012. Elizabeth Gammon Brown v. Arkansas Department of Correction, and Larry Norris, Director, and Doe Defendants Nos. 1 - 5, from Jackson Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR98-423. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
CR99-886. Waymon Derrall Holbert v. Arkansas County Circuit Court; The Honorable Russell Rogers, Arkansas County Circuit Judge, Arkansas County, Arkansas. Petition for Writ of Prohibition. Petition Denied. Corbin, J., concurs. (6 PAGES PUBLISHED) [HTML, WP5.1]
99-1353 & 99-1364. Joseph Dean, Earnest Simes, Geraldine Davis, Clausey Myton, and Arlanda Jacobs v. Honorable Randall L. Williams, Gene Schieffler, and Arnell Willis, Individually and as Chairman and Vice-Chairman of The Helena-West Helena-Phillips County Port Authority, and Turk Corder, Individually, and The Helena-West Helena-Phillips County Port Authority, from Phillips Circuit. Petition for Writ of Prohibition Denied; Reversed and Remanded. Imber, J., not participating. (Proceedings of December 10, 1999) (17 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
99-647. Jimmy White v. Georgia-Pacific Corporation, on Petition for Review from The Arkansas Court of Appeals. Reversed and Remanded; Court of Appeals Reversed. Glaze, J., concurs. (8 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-1042. Keith Aaron Buchheit v. State of Arkansas, from Nevada Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
CR98-1128. Robert Doss v. State of Arkansas, from Sharp Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR98-1210. Jerry Dewayne Johnson v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. (2 PAGES PUBLISHED) [HTML, WP5.1]
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR99-1388. Aca Colquitt Murphy, Jr. v. State of Arkansas, from Columbia Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
99-1379. Thomas Rackley Tackett v. McDonald's Corporation and McDonald's of Russellville, Inc., from Pope Circuit.
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CR99-1352. Dana Daniel Thetford v. State of Arkansas, from Crawford Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CA99-1332. Arkansas County v. Desha County and Arkansas Electric Cooperative Corporation. Appellant's motion to reassign or transfer is granted.
CA99-1332. Arkansas County v. Desha County and Arkansas Electric Cooperative Corporation. Appellant's motion for expedited appeal is denied.
In the Matter of: Honorable Jim Bob Steel, from the Arkansas Judicial Discipline and Disability Commission. Final decision and order. Noted.
99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellants' motion to file belated brief is granted. Corbin, J., not participating.
99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellees' motion to dismiss appeal is denied. Corbin, J., not participating.
99-681. Tulsi K. Bharodia and Amratben T. Patel v. Norman and Linda Pledger, from Pulaski Chancery, Third Division. Appellants' motion for extension of time to file supplemental brief is granted. Corbin, J., not participating.
99-1389. Tameron Cudney, Arkansas Bar Applicant v. State Board of Law Examiners, an Original Action. Motion to sit for the February 2000 Arkansas bar examination is denied.
CR99-88. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Pro se motion for leave to amend defendant's brief with pro se brief is denied.
CR99-88. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file defendant's pro se brief is denied.
CR99-167. Leroy K. McCoy v. State of Arkansas, from Jackson Circuit. Pro se motion for reply brief to be duplicated at public expense denied; motion for leave to amend tendered reply brief moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1008. Willie Burton, Jr. v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of counsel. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
99-1225. Randall McArty v. Judicial Discipline and Disability Commission, from Judicial Discipline and Disability Commission. Pro se motion to proceed in forma pauperis. Motion granted. See per curiam this date. Arnold, C.J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Petition to stay execution pending appeal is granted. Petition for writ of certiorari is granted. Motion for permission to withdraw and for substitution of counsel is granted. Corbin, J., not participating. (Proceedings of December 9, 1999)
99-1432. Dick Barclay, Director, Arkansas Department of Finance and Administration v. Farm Credit Services et al., from Pulaski Chancery, Sixth Division. Petition for writ of certiorari; motion for expedited consideration; application for temporary relief. Motion for expedited consideration and application for temporary relief granted; briefing ordered. See per curiam. (Proceedings of December 10, 1999) (3 PAGES PUBLISHED) [HTML, WP5.1]
CR99-1440. James Ronnie Bowen and James Richard Cagle v. State of Arkansas, from Ouachita Circuit. Petition for writ of prohibition and request for emergency stay. Denied without prejudice. Smith, J., not participating. (Proceedings of December 13, 1999)
99-78. BNL Equity Corporation et al. v. Myra Jo Pearson et al., from Pulaski Circuit, Third Division. Appellees' motion to reschedule oral argument is granted. Smith, J., not participating. (Proceedings of December 13, 1999)
CR98-456. Robert Earl Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file belated petition for rehearing.
CR99-112. Chad Hilderbrand v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal.
CR99-614. Veronica Butler v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to file a substituted brief to comply with Ark. Sup. Ct. R. 4-3(h).
CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Motion of Patrick J. Benca for entry of appearance.
CR99-1083. Frank Crae v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.
CR99-1137. Martin Blake Skarda v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Patrick J. Benca for entry of appearance.
CR99-1304. Harold Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion for appeal bond pending appeal.
CR99-1418. State of Arkansas v. Vincent Fernell Hopes, from Pulaski Circuit, First Division. Motion for rule on the clerk.
99-1118. Harry W. Andrews v. Willis H. Sargent, Warden et al, from Lincoln Circuit. Appellee's motion to dismiss appeal.
99-1156. Arvin Brad Stanley v. State of Arkansas, from Jackson Circuit. Appellee's motion to dismiss appeal.
99-1217. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery. Appellants' motion to file supplemental brief.
99-1406. Phillip Clark v. Elizabeth Clark, from Garland Chancery. Motion for rule on the clerk.
99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Motion to proceed in forma pauperis.
99-1429. Justin Putman v. State of Arkansas, from Sebastian Chancery, Fort Smith District. Motion of Mark A. Horoda to withdraw as attorney for appellant.
99-89. Clarence J. Worth et al. v. City of Rogers et al., from Benton Circuit. Argued orally.
CR98-97. Albert Beshears v. State of Arkansas, from Jackson Circuit.
CR98-1091. Jack Harold Jones, Jr. v. State of Arkansas, from White Circuit.
CR98-1438. Darrell Lamar Haire v. State of Arkansas, from Pulaski Circuit, Sixth Division.
99-331. Karen Shelton v. William P. Fiser, M.D., from Saline Circuit.