Opinions delivered
February 3, 2000
Babb v. Matlock (Corbin, J.) 99-127
Parent & child -- In loco parentis; appellants not beneficiaries & lacked standing to claim interest wrongful-death settlement. [HTML, WP5.1]
Bean v. Office of Child Support Enfcm't (Smith, J.) 99-131
Parent & child -- Ark. Code Ann. § 9-10-115 not retroactively applied; award of support from date of complaint not clearly erroneous. [HTML, WP5.1]
Dickey v. Signal Peak Enters. (Imber, J.) 99-57
Jurisdiction -- Chancery court without jurisdiction to enjoin prosecutor; reversed & dismissed. [HTML, WP5.1]
Gwin v. State (Smith, J.) CR99-1027
Criminal procedure -- Speedy trial; writ of prohibition denied where appellant obtained benefit in jointly requested continuances. [HTML, WP5.1]
Nation v. Ayres (Corbin, J.) 99-497
Statutes -- Language of statute concerning private roads consistently interpreted; precedent upheld; private road following rail bed necessary; finding of circuit court affirmed. [HTML, WP5.1]
St. Paul Fire & Marine Ins. Co. v. Murray Guard, Inc. (Per Curiam) 99-515
Appeal & error -- Motion to lift stay & consolidate denied without prejudice; case reassigned to supreme court. [HTML, WP5.1]
Taylor v. State (Per Curiam) CR98-15
Criminal procedure -- Postconviction relief; reversed & remanded for findings in compliance with requirement for written findings of fact. [HTML, WP5.1]
Webb v. Ford (Thornton, J.) CR99-1026
Criminal procedure -- Speedy trial; suppression motion by one defendant does not toll time for another defendant in different case; charges dismissed & further prosecution barred. [HTML, WP5.1]
Austin v. State, CR 98-1171 (Per Curiam), affirmed February 3, 2000. [HTML, WP5.1]
Dennis v. State, CR 99-1159 (Per Curiam), Pro Se Motion to Consolidate Record; moot February 3, 2000. [HTML, WP5.1]
Gross v. State, CR 88-195 (Per Curiam), Pro Se Motion for Reconsideration of Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis; denied February 3, 2000. [HTML, WP5.1]
Hussey v. State, CR 99-1004 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk to Proceed with Belated Appeal of Order; denied February 3, 2000. [HTML, WP5.1]
Kelly v. State, CR 99-930 (Per Curiam), Pro Se Motion to File Substituted Brief; granted February 3, 2000. [HTML, WP5.1]
Stickley v. Bryant, 98-1030 (Per Curiam), dismissed February 3, 2000. [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
99-127. Tiny Standoak Babb, Gregory Franks, Shilena Easter, Michael Easter, Felisha Easter, Frederick Easter, and Daryl Standoak v. Leanna Matlock and Curtis Standoak, from Garland Probate. Affirmed. Brown and Imber, JJ., concur. Arnold, C.J., and Thornton, J., dissent. (5 PAGES + 2-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
99-497. Tamara Nation v. Bill Ayres and Carol Ayres, Husband and Wife; Edward A. Allen and Elizabeth Buchanan Allen, Husband and Wife, from Washington Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
99-57. Betty Dickey, Jefferson County Prosecuting Attorney v. Signal Peak Enterprises et al., from Jefferson Chancery. Reversed and Dismissed. (6 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR99-1026. Pamela Webb v. Gayle Ford, Judge, Montgomery County Circuit Court, from Montgomery Circuit. Petition for Writ of Prohibition; Granted. Glaze and Corbin, JJ., dissent. (4 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
CR99-1027. James Gwin v. State of Arkansas, from Montgomery Circuit. Petition for Writ of Prohibition. Petition Denied. (6 PAGES PUBLISHED) [HTML, WP5.1]
99-131. Gary Bean v. Office of Child Support Enforcement, from Nevada Chancery. Affirmed. (19 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-15. Steven F. Taylor v. State of Arkansas, from White Circuit. Reversed and Remanded. (4 PAGES PUBLISHED) [HTML, WP5.1]
CR98-1171. Eddie Austin v. State of Arkansas, from Crittenden Circuit. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
98-1030. James M. Stickley/McPhearson, Jr. v. Winston Bryant, Attorney General, Larry Norris, Director, Arkansas Department of Correction, Greg Harmon, Warden and Carla Slayden, Records Supervisor, from Jefferson Circuit. Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
99-1425. T & T Materials, Inc. v. Willie Mooney et al., from Van Buren Circuit.
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. Thornton, J., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
99-1480. Milford Raymond Smith v. Wilma Jean Smith, from Pulaski Chancery, Second Division.
99-1521. Brenda Delancey v. Dollar General, from Workers' Compensation Commission.
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99-515. 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. Motion denied without prejudice. See per curiam this date. Glaze and Imber, JJ., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR98-715. Roland Murray v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to supplement the record is granted.
99-181. Simmons First Bank of Arkansas v. Bob Callahan Services, Inc., from Pulaski Chancery, Third Division. Appellant's motion to reschedule oral argument is granted. Glaze, J., not participating.
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 is granted.
00-40. Bill Odell Rosenthal et al. v. Gary L. McMellon and Rose M. McMellon, from Scott Chancery. Motion for rule on the clerk is denied.
CR88-195. Billy Gross v. State of Arkansas, from Pulaski Circuit. Pro se motion for reconsideration of petition for leave to proceed in circuit court with petition for writ of error coram nobis. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR99-930. John Kelly a/k/a John Kenneth Kelley v. State of Arkansas, from Grant Circuit. Pro se motion to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1004. Darryl Hussey a/k/a Daryl Desha Hussey v. State of Arkansas, from Drew Circuit. Pro se motion for reconsideration of motion for rule on clerk to proceed with belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1159. Michael Winston Dennis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to consolidate record. Motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
CR98-1091. Jack Harold Jones, Jr. v. State of Arkansas, from White Circuit.
CR98-1354. Trent Harmon v. State of Arkansas, from Pulaski Circuit, Seventh Division.
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PETITIONS FOR REVIEW:
CR00-8. James Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR00-16. Scottie Wayne Flippo v. State of Arkansas, from Boone Circuit.
CR00-27. Gina Elizabeth Cullers v. State of Arkansas, from Washington Circuit.
00-25. Marvin V. Carmical and Margaret E. Carmical v. David McAfee, from White Circuit.
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CR98-1354. Trent Harmon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for stay of mandate and continuation of bond pending petition for certiorari to the United States Supreme Court.
CR98-1480. James Wesley Bilyeu v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file belated brief.
CR99-1211. Desoto Williams, Jr. v. State of Arkansas, from Union Circuit. Appellee's motion to dismiss appeal.
CR99-1289. Arthur Blount v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CR99-1298. Joe Franklin v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CR00-62. Allen Dwayne Buchannan v. Honorable David Burnett, from Crittenden Circuit. Petition for writ of certiorari, or mandamus and/or habeas corpus.
CR00-62. Allen Dwayne Buchannan v. Honorable David Burnett, from Crittenden Circuit. Motion to dismiss petition for writ of certiorari, or mandamus and/or habeas corpus.
CR00-63. Larry McDonald v. Honorable David Burnett, from Crittenden Circuit. Petition for writ of certiorari, mandamus, and/or habeas corpus.
99-526. Nakia Baker et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Motion for attorney's fees.
99-1103. David C. Goodwin v. M. D. Reed, Warden, Arkansas Department of Correction, from Lincoln Circuit. Appellee's motion to dismiss appeal.
99-1332. Arkansas County v. Desha County, from Arkansas Chancery, Southern District. Appellant's motion to deny appellee Desha County's request for oral argument and to strike appellee Desha County's response to appellant's motion for expedited consideration.
99-1422. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Appellant's motion to file supplemental brief.
00-86. HRR-Arkansas, Inc. v. Russell Huckaby, from Saline Circuit. Appellant's motion to dismiss appeal.
00-104. Rules of Appellate Procedure-Criminal, R.3(d), an Original Action. Petition to amend Rules of Appellate Procedure-Criminal, R.3(d).
CACR98-114. Gary Gipson v. State of Arkansas, from Van Buren Circuit. Petition to reinvest trial court with jurisdiction to consider petition for error coram nobis.
98-1124. Teddy Graham v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit.
CR99-926. Patrick Olive v. State of Arkansas, from Pulaski Circuit, Fourth Division.
99-541. Lona Horn McCastlain et al. v. Barbara Elmore, from Lonoke Circuit.
99-681. Tulsi K. Bharodia et al. v. Norman Pledger and Linda Pledger, from Pulaski Chancery, Third Division.
99-718. Joe McCutchen v. J. Fred Patton et al., from Sebastian Chancery, Fort Smith District.
99-727. Wal-Mart Stores, Inc. v. Doris Connell, from Workers' Compensation Commission.
99-773. Lavern Mans v. Peoples Bank of Imboden, from Lawrence Circuit.