BNL Equity Corp. v. Pearson (Brown, J.) 99-78

Action -- Class action; certification; requirements of typicality, superiority, & predominance satisfied, common question of law or fact existed; resolution of question of misrepresentation predominated over potential individual issues; consideration of limitations defense inappropriate at class-certification stage. [HTML, WP5.1]

Eads v. Hall (Per Curiam) 99-1247

Appeal & error -- Appellant's motion for rule on clerk frivolous; appellee's motion for attorney's fees & costs granted. [HTML, WP5.1]

McCastlain v. Elmore (Imber, J.) 99-541

Elections -- Contests; appellee's complaint should have been dismissed with prejudice where statutory time had expired; affirmed as modified. [HTML, WP5.1]

McCutchen v. Patton (Smith, J.) 99-718

Statutes -- Ark. Code Ann. § 14-48-124 inapplicable; trial court's grant of appellee's motion for summary judgment affirmed. [HTML, WP5.1]

Olive v. State (Corbin, J.) CR99-926

Constitutional law -- Fifth & Sixth Amendment right to counsel distinguished; no error in denial of suppression of confession; judgment for conviction affirmed. [HTML, WP5.1]

Pike v. Benton Circuit Court (Arnold, C.J.) CR99-982

Prohibition, writ of -- Proper remedy was appeal; petition denied. [HTML, WP5.1]

Smith v. Prudential Prop. & Cas. Ins. Co. (Glaze, J.) 99-378

Insurance -- Policies clear on stacking of UIM coverage; appellee entitled to directed verdict. [HTML, WP5.1]

State v. Sullivan (Arnold, C.J.) CR99-1140

Arrest -- Found pretextual; trial court's ruling affirmed. Supplemental opinion upon denial of rehearing. (May 18, 2000) [HTML, WP5.1]

Villines v. Harris (Arnold, C.J.) 99-297

Taxation -- Circuit court's wholly without authority to issue injunction; portion of order enjoining appellants from collecting tax reversed. [HTML, WP5.1]

Jones v. State (Corbin, J.) CR98-1091

Attorney & client -- Ineffective-assistance claim; standard for showing prejudice. [HTML, WP5.1]

Hicks v. State, CR 99-871 (Per Curiam), Pro Se Motion to Set Appeal Bond; denied February 10, 2000. [HTML, WP5.1]

Maier v. State, CR 99-1305 (Per Curiam), Pro Se Motion for Access to Record and Pro Se Motion for Extension of Time; granted February 10, 2000. [HTML, WP5.1]

Richards v. State, CR 97-1536 (Per Curiam), Pro Se Motion to Expedite Appeal; granted February 10, 2000. [HTML, WP5.1]

Skinner v. State, CR 99-1068 (Per Curiam), Petition for Rehearing; denied February 10, 2000. [HTML, WP5.1]

Walker v. Burnett, CR 99-1483 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot February 10, 2000. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

CR99-982. Eric Scott Pike v. Benton Circuit, Honorable Tommy J. Keith, Judge, from Benton Circuit. Petition for Writ of Prohibition. Petition Denied. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Affirmed. (5 PAGES PUBLISHED) Supplemental opinion upon denial of rehearing. (4 PAGES + 6-PAGE DISSENT PUBLISHED) (May 18, 2000) [HTML, WP5.1]

99-297. Floyd Villines III, Pulaski County Judge, B. A. McIntosh, Pulaski County Assessor, and Pulaski County Board of Equalization v. Nora Harris, from Pulaski Circuit, Third Division. Reversed. Special Justice Martha Miller Harriman and Special Justice W. Kelvin Wyrick join. Special Justice Kenneth R. Reeves and Special Justice Howard W. Brill concur. Special Justice Richard A. Lusby and Special Justice James E. Baine concur in part and dissent in part. (8 PAGES + 1-PAGE CONCURRENCE + 7-PAGE CONCURRENCE + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

99-378. Charles E. Smith v. Prudential Property and Casualty Insurance Company, from Greene Circuit. Reversed and Remanded. Smith, J., dissents. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-926. Patrick Olive v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-78. BNL Equity Corporation (Formerly Known as United Arkansas Corporation), BNL Financial Corporation (Formerly Known as United Iowa Corporation), Wayne E. Ahart, Kenneth Tobey, and Barry N. Shamas v. Myra Jo Pearson, Paul Pearson, and James Stilwell, from Pulaski Circuit, Third Division. Affirmed. Thornton, J., dissents. (15 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-541. Lona McCastlain v. Barbara Elmore, from Lonoke Circuit. Affirmed as Modified. Thornton, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-718. Joe McCutchen v. J. Fred Patton et al., from Sebastian Chancery, Fort Smith District. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

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

CR98-1091. Jack Harold Jones, Jr. v. State of Arkansas, from White Circuit. See supplemental opinion this date. Smith, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-1354. Trent Harmon v. State of Arkansas, from Pulaski Circuit, Seventh Division. Corbin, J., not participating.

CR99-1068. Mitchell Skinner v. State of Arkansas, from Jefferson Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

*****************************

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

CR00-8. James Cole, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Brown, J., would grant.

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.

99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Appellees' motion for attorney's fees is granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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 is denied. Arnold, C.J., and Thornton, J., would grant. Corbin, J., not participating.

CR99-1211. Desoto Williams, Jr. v. State of Arkansas, from Union Circuit. Appellee's motion to dismiss appeal is granted.

CR99-1289. Arthur Blount v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.

CR99-1298. Joe Franklin v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.

CR00-62. Allen Dwayne Buchannan v. Honorable David Burnett, from Crittenden Circuit. Petition for writ of certiorari, or mandamus and/or habeas corpus. Moot

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 is granted.

CR00-63. Larry McDonald v. Honorable David Burnett, from Crittenden Circuit. Petition for writ of certiorari, mandamus, and/or habeas corpus is denied.

99-1103. David C. Goodwin v. M. D. Reed, Warden, Arkansas Department of Correction, from Lincoln Circuit. Appellee's motion to dismiss appeal is granted.

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. Moot.

99-1422. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Appellant's motion to file supplemental brief is granted.

00-86. HRR-Arkansas, Inc. v. Russell Huckaby, from Saline Circuit. Appellant's motion to dismiss appeal. Transferred to Court of Appeals for disposition.

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 is denied.

CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit, Northern District. Pro se motion to expedite appeal. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-871. Jeffrey Hicks a/k/a Jeffery Hicks v. State of Arkansas, from Saline Circuit. Pro se motion to set appeal bond. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR99-1305. Ricky Maier v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for access to record and pro se motion for extension of time. Motions granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR99-1483. Earnest Walker v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

98-1415. Ross Explorations, Inc. v. Freedom Energy, Inc., from Sebastian Chancery, Greenwood District.

PETITIONS FOR REVIEW:

CR99-1371. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division. (appellee)

CR99-1371. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division. (appellant)

CR00-9. Michael Cagle, Jr. v. State of Arkansas, from Jefferson Circuit.

00-15. Donnie Devore v. Cloud Corporation, from Workers' Compensation Commission.

98-1520. Crawford & Lewis v. NationsBank, N.A., from Pulaski Chancery, First Division. Motion to release surety bond.

99-749. Eleanor Matthews v. Jefferson Hospital Association, from Workers' Compensation Commission. Appellant's motion to file belated brief.

99-822. Burford Distributing, Inc. et al. v. Danny Starr, from Sebastian Circuit, Fort Smith District. Appellant's motion to reschedule oral argument.

99-860. AT&T Communications of the Southwest et al. v. Scott County Telephone Company et al., from Public Service Commission. Rural Arkansas Telephone Companies' motion to stay appeal.

99-1413. Conagra, Inc. v. Vida Strother, from Independence Circuit. Appellee's motion to file supplemental brief.

99-1413. Conagra, Inc. v. Vida Strother, from Independence Circuit. Appellee's motion to withdraw request to file supplemental brief.

99-1465. Matthew Ragar et al. v. Chandra Ragar Turley, from Pope Probate. Appellants' motion to file supplemental abstract.

99-467. Louis Etoch et al. v. Honorable L.T. Simes III, Judge, from Monroe Circuit. Argued orally.

CR99-584. Larry James Osborn v. State of Arkansas, from Saline Circuit.

CR99-630. Larry Jones v. State of Arkansas, from Crittenden Circuit.

CR99-787. Kelley Christopher v. State of Arkansas, from Pulaski Circuit, Sixth Division.

99-816. Angie Ullom et al. v. Arkansas Department of Human Services, from Benton Circuit.

99-848. Charlotte Flentje v. First National Bank of Wynne, from Cross Circuit.

99-858. Vernon Woodall v. Hunnicutt Construction, from Workers' Compensation Commission.