Opinions delivered
January 27, 2000
Arkansas Pub. Defender Comm'n v. Burnett (Thornton, J.) 99-1262
Certiorari -- Writ granted where appellant commission was protected by sovereign immunity & was not responsible for paying minors' attorneys' fees. [HTML, WP5.1]
City of Caddo Valley v. George (Glaze, J.) 99-182
Municipal corporations -- City not immune from suit to extent of liability coverage; substantial evidence of negligence; jury could reasonably have found officers to be at fault; sufficient evidence from which jury could have found proximate and efficient intervening cause; no error in refusal to direct verdict. [HTML, WP5.1]
Cobb v. State (Thornton, J.) CR99-631
Criminal law -- Capital-murder conviction supported by substantial evidence; refusal to give manslaughter instruction not reversible error. [HTML, WP5.1]
Diemer v. State (Brown, J.) CR99-638
Criminal procedure -- Custodial confession; circumstances of confession conflicting; trial court's denial of motion to suppress affirmed. [HTML, WP5.1]
Hill v. State (Per Curiam) CR99-1341
Criminal procedure -- Postconviciton relief; motion to reinstate appeal denied where Rule 37 petition was not timely filed. [HTML, WP5.1]
Hogue v. Neal (Per Curiam) 99-1451
Mandamus -- Petition granted; respondents ordered to initiate required professional-conduct procedures. [HTML, WP5.1]
Muñoz v. State (Glaze, J.) CR99-432
Motions -- Motion for DNA expert tantamount to continuance request; denial not abuse of discretion; refusal to exclude evidence of weapons not abuse of discretion. [HTML, WP5.1]
State v. Robbins (Per Curiam) CR98-1394
Appeal & error -- Counsel appointed to perform mandatory review; counsel with conflict relieved. [HTML, WP5.1]
State v. Smith (Per Curiam) CR99-353
Criminal law -- Death-penalty cases; writ of certiorari issued; counsel appointed. [HTML, WP5.1]
State v. Stephenson (Imber, J.) CR99-967
Criminal law -- Sentencing; Trial court exceeded statutory authority in imposing & suspending sentences; reversed & remanded. [HTML, WP5.1]
Stilley v. Priest (Per Curiam) 99-1387
Elections -- Challenge to sufficiency of ballot title failed to comply with requirements of Act 877 of 1999; original action dismissed without prejudice. [HTML, WP5.1]
In Re: Arkansas Rules of Civil Procedure 5, 6, 12, 45, and 60; and Arkansas Rules of Appellate Procedure--Civil 2, 4, and 5 (Per Curiam) [HTML, WP5.1]
Arnold v. State, CR 98-1154 (Per Curiam), affirmed January 27, 2000. [HTML, WP5.1]
Haywood v. State, CR 98-1227 (Per Curiam), affirmed January 27, 2000. [HTML, WP5.1]
Lewis v. State, CR 99-657 (Per Curiam), Pro Se Motion to File Belated Substituted Abstract and Brief granted; Motion for Photocopy of Guilty Plea Hearing and Reports denied January 27, 2000. [HTML, WP5.1]
Orsini v. Beck, 98-1013 (Per Curiam), dismissed January 27, 2000. [HTML, WP5.1]
Pardue v. State, CR 98-970 (Per Curiam), Pro Se Motion for Extension of Time to Submit Addendum to Appellant's Brief; granted January 27, 2000. [HTML, WP5.1]
Wright v. State, CR 99-1318 (Per Curiam), Pro Se Motion for Belated Appeal of Order; dismissed January 27, 2000. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR99-432. Alfredo Trejo Munoz v. State of Arkansas, from Washington Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
99-182. City of Caddo Valley v. Joan George, from Hot Spring Circuit. Affirmed on Direct Appeal; Reversed on Cross-Appeal. Thornton and Smith, JJ., dissent. Arnold, C.J., not participating. (12 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR99-638. Erich Lynn Diemer v. State of Arkansas, from Saline Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR99-967. State of Arkansas v. Timothy Mark Stephenson and Jonathan Fries, from Faulkner Circuit. Reversed and Remanded. (4 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR99-631. Louis Kenjuan Cobb v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
99-1262. The Arkansas Public Defender Commission v. The Honorable David Burnett, from Craighead Circuit, Western District. Petition for Writ of Certiorari Granted. Imber, J., concurs. Corbin, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-1154. Rocky Walter Arnold v. State of Arkansas, from Sharp Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR98-1227. Jeffery Haywood v. State of Arkansas, from Ouachita Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
98-1013. Mary "Lee" Orsini v. Bruce Beck, Sr., Warden et al., from Jackson Circuit. Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
REVIEW GRANTED: Petition for review was granted today in the following case.
99-1465. Matthew Ragar et al. v. Chandra Ragar Turley, Administratrix, from Pope Probate.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
99-1386. United States Fidelity & Guaranty Company et al. v. Triple H Electric Company, Inc., from Grant Circuit.
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. Glaze, J., not participating.
99-1488. Roxanne H. Fox v. Glen E. Fox, from Columbia Chancery.
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CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Appellant's motion to stay briefing schedule is granted; appointment of counsel. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Appellee's motion for clarification. Moot. See per curiam this date.
CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Appellee's motion to compel compliance with writ of certiorari. Moot. See per curiam this date.
CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Intervenor's supplement to motion to compel compliance with writ of certiorari and motion to stay brief time. Moot. See per curiam this date.
CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari. Writ of certiorari issued; appointment of counsel. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR99-985. David L. Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file enlarged brief is granted.
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 is denied.
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. To be submitted with case.
99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District. Appellant's motion for expedited consideration is denied.
99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District. Appellees' motion to supplement the record is denied.
99-1387. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Petition pursuant to Arkansas Constitution Amendment Seven. Dismissed without prejudice. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
99-1387. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Respondent's motion to dismiss is granted. See per curiam this date.
99-1387. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Joint motion to dismiss is granted. See per curiam this date.
99-1387. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion of Arkansas Casino Corporation to intervene. Moot. See per curiam this date.
99-1387. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion for extension of time to respond to petition. Moot. See per curiam this date.
99-1443. Arkansas Judicial Discipline & Disability Commission v. Honorable Morris W. Thompson, an Original Action. Motion of Dr. Dee Bennett and The W. Harold Flowers Law Society to file amicus curiae brief is granted.
99-1451. L. Lynn Hogue, Individually et al. v. James Neal, Executive Director et al., an Original Action. Petition for mandamus. Petition granted. See per curiam this date. Arnold, C.J., and Thornton, J., concur. (5 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of R. David Lewis for entry of appearance. Noted.
CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk is denied.
CACR99-1215. Albert Wayne Davis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record is denied.
CR98-970. David Pardue v. State of Arkansas, from Benton Circuit. Pro se motion for extension of time to submit addendum to appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR99-657. Arthur Lewis v. State of Arkansas, from Mississippi Circuit, Blytheville District. Pro se motion to file belated substituted abstract and brief granted; motion for photocopy of guilty plea hearing and reports denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1318. Johnny Wright v. State of Arkansas, from Grant Circuit. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1341. Steven E. Hill v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion to reinstate appeal. Motion denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Arkansas Rules of Civil Procedure 5, 6, 12, 45, and 60; and Arkansas Rules of Appellate Procedure - Civil 2, 4, and 5. See per curiam this date. (10 PAGES PUBLISHED) [HTML, WP5.1]
99-28. Lake View School District No. 25 of Phillips County, et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion for continuance is denied. Special Justice Carol Dalby joins. Corbin and Imber, JJ., not participating. (Proceedings of January 26, 2000)
PETITIONS FOR REVIEW:
99-1425. T & T Materials, Inc. v. Willie Mooney et al., from Van Buren Circuit.
99-1480. Milford Raymond Smith v. Wilma Jean Smith, from Pulaski Chancery, Second Division.
99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit.
99-1520. James L. Flowers v. Norman Oaks Construction Company, Inc., from Workers' Compensation Commission.
99-1521. Brenda Delancey v. Dollar General, from Workers' Compensation Commission.
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CR98-715. Roland Murray v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to supplement the record.
99-181. Simmons First Bank of Arkansas v. Bob Callahan Services, Inc., from Pulaski Chancery, Third Division. Appellant's motion to reschedule oral argument.
00-38. Minnesota Mining & Manufacturing Company v. Charles D. Jones et al., from Pulaski Circuit, Fifth Division. Appellant's notice of mootness and motion to withdraw appeal.
00-40. Bill Odell Rosenthal et al. v. Gary L. McMellon and Rose M. McMellon, from Scott Chancery. Motion for rule on the clerk.
99-28. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Argued orally.
CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit.
99-57. Steve Dalrymple, Jefferson County Prosecuting Attorney et al. v. Signal Peak Enterprises et al., from Jefferson Chancery.
99-108. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery.
99-131. Gary Bean v. Office of Child Support Enforcement, from Nevada Chancery.
99-378. Charles E. Smith v. Prudential Property and Casualty Insurance Company, from Greene Circuit.
99-497. Tamara Nation v. Bill Ayers et al., from Washington Circuit.