Baker v. Arkansas Dep't of Human Servs. (Corbin, J.) 99-526

Parent & child -- Termination of parental rights; finding that appellant was unable to provide type of setting that children required not in error; chancellor's order terminating parental rights affirmed. [HTML, WP5.1]

Barclay v. Farm Credit Servs. (Brown, J.) 99-1432

Mandamus -- Action and resulting writ intertwined with primary litigation; writ thwarted docketing of State's certiorari petition in U.S. Supreme Court; respondents waited three months after stay to file mandamus petition; supreme court could not countenance action. [HTML, WP5.1]

Beshears v. State (Imber, J.) CR98-97

Criminal procedure -- Order on remand contained written findings and conclusions on several issues; appellant had obligation to obtain ruling on any omitted issue; issue precluded on appeal where no request made for ruling on omitted issue. [HTML, WP5.1]

McIntosh v. State (Glaze, J.) CR99-64

Constitutional law -- Opening argument stated obvious; Fifth amendment rights not violated.[ HTML, WP5.1]

Pyle v. State (Corbin, J.) CR99-85

Attorney & client -- Ineffective-assistance claim; appellant's counsel not ineffective for not enforcing nonexistent plea agreement; attorney cannot be declared ineffective for failing to present inconsistent defense. [HTML, WP5.1]

Ross Explorations, Inc. v. Freedom Energy, Inc. (Smith, J.) 98-1415

Mines & minerals -- Oil & gas leases; chancellor did not err in considering costs reasonably associated with gas production in determining well's lack of profitability; chancellor did not err in using twenty-four-month period before well's shut-in for determining profitability. [HTML, WP5.1]

Rushing v. State (Smith, J.) CR98-1312

Criminal law -- Reference to appointed counsel in Ark. Sup. Ct. R. 6-6(c) is to attorneys not otherwise compensated for representation; salaried public defenders not included; appellant's counsel salaried full-time public defender; motion for attorney's fees denied. [HTML, WP5.1]

Wright v. State (Per Curiam) CR99-1457

Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

In Re: Appointment of an Ad Hoc Task Force to Determine the Need for Rule Changes for a Supreme Court Committee on Race and Gender Fairness in the Arkansas Legal System (Per Curiam) 98-1060 [HTML, WP5.1]

In Re: Arkansas Rules of Appellate Procedure - Criminal, Rules 10 and 16; Rules of Criminal Procedure, Rule 37.5 (Per Curiam) [HTML, WP5.1]

In Re: Board of Law Examiners (Per Curiam) [HTML, WP5.1]

In Re: Supreme Court Ad Hoc Committee on Foster Care and Adoption (Per Curiam) [HTML, WP5.1]

Burton v. State, CR 99-1271 (Per Curiam), Pro Se Motions for Rule on Clerk to Lodge Record and for Appointment of Counsel; denied January 13, 2000. [HTML, WP5.1]

Fox v. State, CR 98-1132 (Per Curiam), affirmed January 13, 2000. [HTML, WP5.1]

Koontz v. State, CR 99-791 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment; denied January 13, 2000. [HTML, WP5.1]

McArty v. Judicial Discipline and Disability Comm'n, 99-1225 (Per Curiam), Pro Se Motion for Expedited Consideration; denied January 13, 2000. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR99-64. Tommy McIntosh v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Thornton, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-85. Jimmy Lynn Pyle and John F. Tunnicliff v. State of Arkansas, from Baxter Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

99-526. Nakia Baker v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Affirmed. Glaze, J., dissents. (13 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

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. Writ of Mandamus Dissolved. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR98-97. Albert Beshears v. State of Arkansas, from Jackson Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR98-1312. Kenneth Joel Rushing v. State of Arkansas, from Miller Circuit. Motion Denied. (4 PAGES PUBLISHED) [HTML, WP5.1]

98-1415. Ross Explorations, Inc. v. Freedom Energy, Inc., from Sebastian Chancery, Greenwood District. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1132. Bobby Joe Fox v. State of Arkansas, from Logan Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR98-1046. Charles Patton v. State of Arkansas, from Bradley Circuit.

CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Glaze, Corbin, and Smith, JJ., would grant.

99-235. Wayne Fraley et al. v. Williams Ford Tractor & Equipment Company, from Washington Circuit.

99-644. Charlsie Johnson Luttrell and Lois Pruitt v. City of Conway, from Faulkner Chancery.

99-1353 and 99-1364. Joseph Dean et al. v. Honorable Randall L. Williams, Judge et al., from Phillips Circuit. Imber, J., not participating.

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

99-1413. Conagra, Inc. v. Vida Strother, from Independence Circuit.

99-1422. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery.

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

CR99-1370. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Fourth Division.

99-1261. Christopher Clark (Deceased) v. Sbarro, Inc., from Workers' Compensation Commission. Glaze, Brown, and Imber, JJ., would grant.

99-1368. Greg England v. Sara Lee Hosiery, from Workers' Compensation Commission.

99-1395. James Earl Ross et al. v. Irene Newman, from White Chancery.

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99-427. In Re: Robert Fuller Meurer (Arkansas Bar ID #85108), an Original Action. Committee's recommendation. Referred to Committee on Professional Conduct to proceed under Rule 5, Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law.

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 is denied. Mark A. Horoda appointed. Extension granted to file transcript within 90 days.

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Motion for extension of time for return of writ of certiorari is granted.

CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit, Northern District. Motion of Michael L. Allison to withdraw as attorney for appellant is denied.

CR98-1281. Christina Marie Riggs v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for enlargement of time to file attorney's fee motion is granted.

CR99-340. Donald R. Frazier v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari to complete the record is granted. Writ returnable in 90 days.

CR99-1347. William Otis Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and stay briefing schedule is granted.

CR99-1457. Mishon Laron Wright v. State of Arkansas, from Pulaski Circuit, First Division. Motion to file a belated appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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 requesting disqualification is denied. Arnold, C.J., Glaze and Corbin, JJ., and Special Justice Carol Dalby each deny request for disqualification.

99-878. Sharlett Craig v. Bonita Carrigo, from Pulaski Probate, First Division. Appellee's motion for extension of time to file brief is denied.

99-1217. Julia D. Jones et al. v. Fairfax Abraham et al., from Clark Chancery. Appellees' motion for taxation of costs and attorneys fees. Passed until case submitted. Arnold, C.J., not participating.

99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit. Appellee's motion to file supplemental brief is granted.

99-1327. Bob Cole Bonding v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for extension of time and to relieve counsel is denied.

99-1353 and 99-1364. Joseph Dean et al. v. Honorable Randall L. Williams, Judge et al., from Phillips Circuit. Petitioners' motion to file belated petition for rehearing is denied. Imber, J., not participating.

99-1435. Jerry Lee Bogard et al. v. Arkansas Soil & Water Conservation Commission et al., from Arkansas Circuit, Southern District. Appellees' motion to dismiss appeal is granted without prejudice.

99-1458. Milberg Weiss Bershad Hynes & Lerach LLP, et al. v. The American Tobacco Company et al., from Pulaski Chancery, Sixth Division. Appellee's motion to expedite appeal is denied.

99-1458. Milberg Weiss Bershad Hynes & Lerach LLP et al. v. The American Tobacco Company et al., from Pulaski Chancery, Sixth Division. Appellees' motion to substitute record is denied.

99-1501. Zelma Reed v. Charles D. Hunley et al., from Pope Probate. Motion for rule on the clerk is denied.

00-4. Steve Lamont Womack v. Office of Child Support Enforcement et al., from Pulaski Chancery. Motion to proceed in forma pauperis is denied.

CA99-1342. Bill Tomerlin and All Arkansas Bail Bond Co. Inc. v. Tom Nickolich et al., from Pulaski Circuit, Third Division. Appellants' motion to transfer to Arkansas Supreme Court is granted.

CACR99-926. Patrick Olive v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to certify appeal to the Arkansas Supreme Court is granted.

CACR99-985. David L. Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to transfer to the Arkansas Supreme Court is granted.

CR99-791. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1271. Willie Burton, Jr. v. State of Arkansas, from Columbia Circuit. Pro se motions for rule on clerk to lodge record and for appointment of counsel. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1225. Randall McArty v. Judicial Discipline and Disability Commission, an Original Action. Pro se motion for expedited consideration. Motion denied. See per curiam this date. Arnold, C.J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

00-33. Ron Oliver, President, First Arkansas Bail Bonds, Inc. v. Honorable Morris

Thompson, Judge, from Pulaski Circuit, Fifth Division. Motion for temporary stay is granted. Per curiam will follow. (Proceedings of January 12, 2000)

CR97-33. Clarence Williams v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to release and retain exhibits attached to appeal transcript and for expedited consideration is granted. (Proceedings of January 11, 2000)

98-1060. In Re: Appointment of an Ad Hoc Task Force to Determine the Need for Rule Changes for a Supreme Court Committee on Race and Gender Fairness in the Arkansas Legal System. Amended report accepted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Appellate Procedure - Criminal, Rules 10 and 16; Rules of Criminal Procedure, Rule 37.5. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Ad Hoc Committee on Foster Care and Adoption. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Rodney K. Smith, Donaghey Dean of the University of Arkansas at Little Rock School of Law, and Lisa G. Peters, Attorney at Law, of Little Rock are hereby appointed to the Supreme Court Ad Hoc Committee on Foster Care and Adoption. The Court thanks Dean Smith and Ms. Peters for accepting appointment to the Committee.

The Court expresses its appreciation to Beverly Jones and Gerald Glynn for their years of faithful service to this Committee.

In Re: Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Frank Morledge, of Forrest City, First Congressional District, is appointed to the Board of Law Examiners for the purpose of grading the February 2000 Bar Examination. Mr. Morledge replaces Lucinda McDaniel, of Jonesboro.

The Court thanks Mr. Morledge for accepting appointment to this Board for purposes of grading this examination.

PETITIONS FOR REVIEW:

CR99-1461. Jimmie Don Montague v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

99-1424. Brad Smith v. Russell O. Loyd and Emogene T. Loyd, from Saline Chancery.

99-1462. Rita Hodges v. Lavern Cannon et al., from Benton Probate.

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CR99-630. Larry Jones v. State of Arkansas, from Crittenden Circuit. Motion for stay of execution.

CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion for compliance with Rule 4-3(h) and alternative motion to stay briefing schedule.

CR00-17. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Motion for stay of execution.

99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Motion for rule on clerk.

99-1518. Cozetta A. Ausler v. Arkansas Broadcasting Foundation, from Pulaski Circuit, Second Division. Motion for rule on the clerk.

CA99-515. St. Paul Fire & Marine Insurance Company v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Appellant's motion to lift stay and consolidate with case no. 99-891.

99-78. BNL Equity Corporation et al. v. Myra Jo Pearson et al., from Pulaski Circuit, Third Division. Argued orally.

99-182. City of Caddo Valley et al. v. Joan George, from Hot Spring Circuit. Argued orally.

CR99-628. Corey Sanders v. State of Arkansas, from Columbia Circuit.

CR99-712. Steven A. Steggall v. State of Arkansas, from Jackson Circuit.

CR99-913. Henry Jackson Smith v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR99-982. Eric Scott Pike v. Honorable Tom Keith, Judge, from Benton Circuit.