Arnett v. State (Per Curiam) CR99-1442

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Gaines v. State (Imber, J.) CR99-88

Evidence -- Used to disclose motive for killing and of earlier fire; not prohibited by Ark. R. Evid. 404(b); testimony probative of intent and possible plan; no abuse of discretion found; drug use & drug dealing; admissible as part of res gestae; admission of ex parte order of protection not abuse of discretion; no error found; no basis for reversal. [HTML, WP5.1]

McKay v. McKay (Smith, J.) 99-617

Divorce -- Desire for alimony clear; grant of appellant's motion to set aside award of alimony constituted error; finding as to account funds not clearly erroneous. [HTML, WP5.1]

Oliver v. Pulaski County Circuit Court (Per Curiam) 00-33

Appeal & error -- Briefs requested; motion for intervention granted; temporary stay of deposition granted; motion for clarification denied. [HTML, WP5.1]

Osburn v. Arkansas Dep't of Human Servs. (Per Curiam) 99-1296

Appeal & error -- Request for appointment of counsel; denied. [HTML, WP5.1]

Sanders v. State (Thornton, J.) CR99-628

Evidence -- Properly submitted to jury; verdict supported by substantial evidence; photographs properly admitted as evidence of appellant's intent. [HTML, WP5.1]

Shelton v. Fiser (Brown, J.) 99-331

Statutes -- Neither exception to statute of limitations applicable; complaint time-barred; parent subject to same limitations period; fraudulent concealment not found; statute of limitations not tolled. [HTML, WP5.1]

Smith v. State (Imber, J.) CR99-913

Constitutional law -- Confrontation Clause; does not compel witness to make eye contact with defendant; no constitutional deprivation found; merits of appeal not reached. [HTML, WP5.1]

Steggall v. State (Smith, J.) CR99-712

Criminal procedure -- Denial of directed-verdict motion proper where evidence was ample that appellant knowingly caused death of daughter; trial court not clearly erroneous in denying motion to suppress. [HTML, WP5.1]

Womack v. Foster (Imber, J.) 99-953

Elections -- Electronic voting system in runoff constituted election by ballot; constitutional numbering requirement violated by election officials; secrecy of ballot subordinated to purity of election; request for voiding of election denied; absentee votes correctly invalidated where voters failed to attach medical affidavits to application forms; trial court did not err in invalidating votes of convicted felons. [HTML, WP5.1]

In Re: Proposed Reporting Form for Speedy-Trial Dismissals and Other Dispositions; Administrative Order Number 8 (Per Curiam) [HTML, WP5.1]

In Re: Tucker (Per Curiam) [HTML, WP5.1]

Anderson v. State, CR 98-1159 (Per Curiam), affirmed January 20, 2000. [HTML, WP5.1]

Anderson v. State, CR 98-1269 (Per Curiam), affirmed January 20, 2000. [HTML, WP5.1]

Bell v. Green, 99-840 (Per Curiam), Appellant's Pro Se Motion for Extension of Time to File Brief granted; Motion for Order to Compel Arkansas Dep't of Correction to Allow Appellant Additional Library Time; denied January 20, 2000. [HTML, WP5.1]

Drury v. State, CR 99-1303 (Per Curiam), Pro Se Motion for Access to Record; denied and appeal dismissed January 20, 2000. [HTML, WP5.1]

Johnson v. State, 99-1084 (Per Curiam), Pro Se Motion to File Partially Handwritten Brief and for Appointment of Counsel to Assist in Preparation of Reply Brief; denied and appeal dismissed January 20, 2000. [HTML, WP5.1]

Swanigan v. State, CR 99-1106 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief; granted January 20, 2000. [HTML, WP5.1]

Watson v. Norris, 98-1152 (Per Curiam), affirmed January 20, 2000. [HTML, WP5.1]

Williams v. Norris, CR 98-1027 (Per Curiam), affirmed January 20, 2000. [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-331. Karen Shelton, as Next Friend of Nathan Piccirilli v. William P. Fiser, M.D. et al., from Saline Circuit. Affirmed. Special Justice David Keith Rutledge and Special Justice James Pender join in this opinion. Glaze, Imber, and Smith, JJ., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-88. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Affirmed. (18 PAGES PUBLISHED) [HTML, WP5.1]

CR99-913. Henry Jackson Smith v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Brown, J., concurs. (8 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

99-953. Tim A. Womack v. Phillip Foster, from Ouachita Circuit. Affirmed. Special Justice Walter Skelton joins in this opinion. Arnold, C.J., Brown, J., and Special Justice Bud Cummins concur. Corbin and Thornton, JJ., not participating. (43 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR99-628. Corey Sanders v. State of Arkansas, from Columbia Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-712. Steven A. Steggall v. State of Arkansas, from Jackson Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

99-617. Verlon McKay v. Debra McKay, from Saline Chancery. Affirmed in Part and Reversed in Part. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-1027. Jackie Lee Williams v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1159. Gary D. Anderson v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1269. Gary D. Anderson v. State of Arkansas, from Marion Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1152. Albert Watson v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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

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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99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Petitioners' motion for appointment of counsel. Motion denied; directing briefs on jurisdiction issues. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR99-1442. Carolyn Arnett v. State of Arkansas, from Greene Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

99-1515. State of Arkansas et al. v. Zanone Properties, from Crittenden Chancery. Appellants' joint motion to consolidate appeals is granted.

00-33. Ron Oliver, President, First Arkansas Bail Bonds, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Petition for writ of prohibition. Temporary stay of deposition granted. Motion for intervention granted. Briefs requested. See per curiam this date. (2 PAGES PUBLISHED) [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 expedited review is granted. Motion for clarification is denied. Per curiam to follow. (Proceedings of January 13, 2000)

00-38. Minnesota Mining & Manufacturing Company v. Charles D. Jones et al., from Pulaski Circuit, Fifth Division. Appellant’s motion for expedited consideration is granted. Appellant’s motion for an order to stay proceedings pending appeal of an order disqualifying counsel is denied. See Seeco, Inc. v. Hales, 334 Ark. 134 (1998). (Proceedings of January 13, 2000)

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

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 is granted. Appellant's brief in compliance with Rule 4.3(h) due in thirty days. Appellee's brief due thirty days thereafter.

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

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

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

CA99-889. Jerry E. Smith v. Shana Benson Crumley Smith, from Union Chancery. Appellant's motion to certify to the Supreme Court and for oral argument is granted.

CR99-1106. Steve Swanigan v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR99-1303. James Robert Drury v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for access to record. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-840. Albert Bell v. J. W. Green, Jr. and Brad Green, from Arkansas Circuit, Northern District. Appellant's pro se motion for extension of time to file brief granted (final extension); motion for order to compel Arkansas Department of Correction to allow appellant additional library time denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1084. Cecil Edward Johnson v. State of Arkansas, from Lincoln Circuit. Pro se motion to file partially handwritten brief and for appointment of counsel to assist in preparation of reply brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Timothy Gement Tucker, Arkansas Bar ID #89055. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Proposed Reporting Form for Speedy Trial Dismissals and Other Dispositions; Administrative Order Number 8. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

99-1386. United States Fidelity & Guaranty Company et al. v. Triple H Electric Company, Inc., from Grant Circuit.

99-1465. Matthew Ragar et al. v. Chandra Ragar Turley, Administratrix, from Pope Probate.

99-1479. Kevin Fulton v. City of Fayetteville, from Workers' Compensation Commission.

99-1485. Lonnie Buie v. Government Employees Insurance Company, from Pulaski Circuit, Third Division.

99-1488. Roxanne H. Fox v. Glen E. Fox, from Columbia Chancery.

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CR99-985. David L. Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file enlarged brief.

99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Motion of Department of Finance and Administration for permission to participate in oral argument.

99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Appellees' motion for attorney's fees.

99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District. Appellant's motion for expedited consideration.

99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District. Appellees' motion to supplement the record.

99-1387. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion of Arkansas Casino Corporation to intervene.

99-1443. Arkansas Judicial Discipline & Disability Commission v. Morris W. Thompson, an Original Action. Motion of Dr. Dee Bennett and The W. Harold Flowers Law Society to file amicus curiae brief.

CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of R. David Lewis for entry of appearance.

CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk.

CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record.

99-127. Tiny Standoak Babb et al. v. Leanna Matlock et al., from Garland Probate. Argued orally.

CR99-432. Alfredo Trejo Munoz v. State of Arkansas, from Washington Circuit.

CR99-631. Louis Kenjuan Cobb v. State of Arkansas, from Pulaski Circuit, First Division.

CR99-638. Erich Lynn Diemer v. State of Arkansas, from Saline Circuit.

CR99-967. State of Arkansas v. Timothy Mark Stephenson et al., from Faulkner Circuit.

CR99-1026. Pamela Webb v. Honorable Gayle Ford, Judge, from Montgomery Circuit.

CR99-1027. James Gwin v. Honorable Gayle Ford, Judge, from Montgomery Circuit.