ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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340 Ark.

Opinions delivered
February 17, 2000


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Baker v. Arkansas Dep't of Human Servs. (Per Curiam) 99-526

Attorney & client -- Motion for fees granted; matter remanded to chancery court. Supplemental opinion upon granting of petition for rehearing.  (April 27, 2000) [HTML, WP5.1].

Bilyeu v. State (Per Curiam) CR98-1480
-- Concurrence only. [HTML, WP5.1]

Boles v. Huckabee (Per Curiam) 98-1056

Criminal procedure -- Parole eligibility; trial court properly concluded claim was not colorable; offender status; appellant did not allege sufficient facts to support allegation of improper calculation. [HTML, WP5.1]

Christopher v. State (Corbin, J.) CR99-787

Jury -- Voir dire; restriction of by trial judge not abuse of discretion. [HTML, WP5.1]

Graham v. Norris (Glaze, J.) 98-1124

Constitutional law -- Award of meritorious good time discretionary; repeal did not increase sentence; ex post facto clause inapplicable. [HTML, WP5.1]

Johnson v. State (Per Curiam) 98-1123

Appeal & error -- Petition for declaratory judgment & writ of mandamus; cognizable ground not stated. [HTML, WP5.1]

Jones v. State (Glaze, J.) CR99-630

Evidence -- Photographs properly admitted; introduction of victim-impact evidence constitutional; two aggravating factors properly submitted to jury; prosecutor referred only to appellant's lack of remorse; no error in refusal to grant mistrial. [HTML, WP5.1]

Ladwig v. Davis (Per Curiam) CR98-350

Mandamus -- Delay in ruling without justification; writ granted. [HTML, WP5.1]

Meny v. Norris (Per Curiam) 98-1143

Habeas corpus -- Denial of petition; trial court did not find appellant's claims were not cognizable; criminal law; appellant illegally detained to extent that sentences were excessive; affirmed as modified. [HTML, WP5.1]

Woodall v. Hunnicutt Constr. (Arnold, C.J.) 99-858

Workers' compensation -- Substantial evidence existed for denial of relief; Commission's denial of benefits affirmed; court of appeals reversed. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDERS

In Re: Rules of Appellate Procedure--Criminal, Rule 3 (Per Curiam) [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Appointments to Supreme Court Criminal Practice Committee (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Long v. State, CR 99-1290 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief; denied and appeal dismissed February 17, 2000. [HTML, WP5.1]

McIlvoy v. State, CR 98-1314 (Per Curiam), affirmed February 17, 2000. [HTML, WP5.1]

Muldrew v. State, CR 99-411 (Per Curiam), Pro Se Motion to Reinstate Appeal; denied February 17, 2000. [HTML, WP5.1]

Robinson v. Norris, 99-1061 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Reply Brief; granted February 17, 2000. [HTML, WP5.1]

Russey v. State, CR 99-1363 (Per Curiam), Pro Se Motion for Record and Extension of Time to Submit Appellant's Brief moot; reversed and remanded February 17, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

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

99-858. Vernon Woodall v. Hunnicutt Construction, Employer's Insurance of Wausau, Carrier, from Workers' Compensation Commission. Affirmed. Arkansas Court of Appeals Reversed. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR99-630. Larry Jones v. State of Arkansas, from Crittenden Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

98-1124. Teddy Graham v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. Brown and Imber, JJ., concur.(7 PAGES + 2-PAGE CONCURRENCE + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-787. Kelley Christopher v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-1314. Terry McIlvoy v. State of Arkansas, from Desha Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1056. Roy Lee Boles v. Honorable Mike Huckabee, Governor, from Jefferson Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

98-1123. Ronnie Drew Johnson v. State of Arkansas, from Jefferson Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]

98-1143. Carl Meny v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed as Modified. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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

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

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.

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CR99-1371. Frank Watts II v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's petition for review. Moot.

CR98-1480. James Wesley Bilyeu v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file belated brief is granted. Brown, J., concurs. (1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

99-526. Nakia Baker et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Motion for attorney's fees. Remanded to chancery court for payment of fees and costs. See per curiam this date. (3 PAGES PUBLISHED) Supplemental opinion upon granting of petition for rehearing.(2 PAGES PUBLISHED)  (April 27, 2000) [HTML, WP5.1]

00-104. Rules of Appellate Procedure-Criminal, R.3(d), an Original Action. Petition to amend Rules of Appellate Procedure-Criminal, R.3(d). Moot. See per curiam on rule change this date.

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

99-749. Eleanor Matthews v. Jefferson Hospital Association, from Workers' Compensation Commission. Appellant's motion to file belated brief is granted. Smith, J., not participating.

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

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 is denied. Thornton and Smith, JJ., not participating.

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

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

99-1465. Matthew Ragar et al. v. Chandra Ragar Turley, from Pope Probate. Joint agreement of parties for appellant to file supplemental abstract is granted.

CR98-350. Larry Ladwig v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR99-411. Wilbert Muldrew v. State of Arkansas, from Hempstead Circuit. Pro se motion to reinstate appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1290. William Louis Long v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1363. Millard J. Russey v. State of Arkansas, from Clark Circuit. Pro se motion for record and extension of time to submit appellant's brief. Motion moot; reversed and remanded. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1061. Allen T. Robinson v. Larry Norris, Director, and Melba Smith Woodard, Records Supervisor, Arkansas Department of Correction, from Lincoln Circuit. Pro se motion for extension of time to file appellant's reply brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Rules of Appellate Procedure - Criminal, Rule 3. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Appointments to Supreme Court Criminal Practice Committee. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

The Honorable David Burnett of Osceola, the Honorable William Storey of Fayetteville, Bruce Anderson, Esq., of Warren, and Tammy Harris, Attorney at Law, of Little Rock are hereby appointed to the Supreme Court Committee on Criminal Practice for three-year terms to expire on January 31, 2003. Jeff Rosenzweig, Esq., of Little Rock and Kelly Hill, Attorney at Law, of Little Rock are hereby reappointed to the Committee for three-year terms to expire on January 31, 2003.

The Court thanks Judge Burnett, Judge Storey, Mr. Anderson, and Ms. Harris for accepting appointment, and Mr. Rosenzweig and Ms. Hill for accepting reappointment to this most important Committee.

The Court believes that the input of the Arkansas Public Defender Commission and the Arkansas Office of the Prosecutor Coordinator is valuable with respect to the issues considered by the Committee. Accordingly, the Executive Director of the Arkansas Public Defender Commission and the Prosecutor Coordinator of the Arkansas Office of the Prosecutor Coordinator are named as ex-officio, non-voting, Advisors to the Committee. These positions are currently held by Didi Sallings, Attorney at Law, of Little Rock and Bob McMahan, Esq., of Little Rock, respectively.

The Court expresses its appreciation to the Honorable John Langston of Little Rock, James A. Ross, Jr., Esq., of Monticello, Helen Rice Grinder, Attorney at Law, of Conway, and the Honorable Robert Edwards of Searcy, whose terms have expired, for their years of service to this Committee, and to Judge Edwards for his work as the Committee's chair.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

99-1423. Jessie C. Ray v. Wayne Smith Trucking, from Workers' Compensation Commission.

00-96. Foundation Telecommunication, Inc. v. Moe Studio, Inc., from Benton Circuit.

00-101. Assurance Company of America v. Eutaw Horton et al., from Faulkner Circuit.

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CR98-1222. Steven Anthony Sera v. State of Arkansas, from Bradley Circuit. Appellant's motion to supplement the record.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for extension of time to file abstract and brief.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's amended motion for extension of time to file abstract and brief.

CR99-1267. Charles A. "Jack" Walls, III v. State of Arkansas, from Lonoke Circuit. Appellee's motion to dismiss appeal.

CR99-1354. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR00-132. Arliss Whitney v. Honorable David Burnett, from Crittenden Circuit. Petition for writ of certiorari, or mandamus and/or habeas corpus.

CR00-141. Arkansas Department of Human Services v. Honorable J. Michael Fitzhugh, Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of certiorari, or in the alternative, petition for writ of prohibition.

CR00-144. Jimmy Easley et al. v. State of Arkansas, from Clark Circuit. Motion for rule on the clerk.

99-515. St. Paul Fire & Marine Insurance Company v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Joint motion to lift stay and set briefing schedule.

99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit. Appellee's motion for attorney's fees.

00-4. Steve Lamont Womack v. Department of Finance & Administration, from Pulaski Chancery, Fourth Division. Exparte motion for declaratory judgment and/or motion for forthwith order.

00-4. Steve Lamont Womack v. Department of Finance & Administration, from Pulaski Chancery, Fourth Division. Petition for writ of prohibition and writ of mandamus.

00-33. Ron Oliver, President, First Arkansas Bail Bonds, Inc. v. Honorable Morris Thompson Judge, from Pulaski Circuit, Fifth Division. Motion of Arkansas Professional Bail Bond Company and Professional Bail Bondsmen Licensing Board to intervene.

00-118. Gloria Hooker et al. v. Rain & Hail Insurance Services, Inc., from St. Francis Circuit. Motion for rule on the clerk.

CACR00-19. Raymond Clinton Marshall v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and stay briefing schedule.

SUBMISSIONS

98-649. Brenda Lee Robinson Smith v. Dr. Erma S. Washington, from Jefferson Circuit. Argued orally.

99-878. Sharlett Craig et al. v. Bonita Carrigo et al., from Pulaski Probate, First Division.

99-917. Pamela D. Ball v. Arkansas Department of Community Punishment et al., from Pulaski Circuit, Third Division.

99-936. Lela K. Phelps v. USLife Credit Life Insurance Company, from Sebastian Chancery, Greenwood District.

99-1071. Books-A-Million, Inc. et al. v. Arkansas Painting & Specialities, Inc., from White Circuit.

99-1126. Harold Rigsby v. Brett Rigsby, from Logan Chancery, Northern District.