Allison v. Dufresne (Glaze, J.) 99-1224

Contempt -- Criminal contempt; imposition for violating principles regarding attorney-withdrawal matters; indirect contempt without show-cause hearing; reversed & remanded. [HTML, WP5.1]

Carmichael v. State (Thornton, J.) CR99-1121

Criminal law -- Capital murder & first-degree murder statutes; no constitutional infirmity in overlap; denial of motion to dismiss on basis of overlap was not erroneous. [HTML, WP5.1]

Craig v. Carrigo (Smith, J.) 99-878

Descent & distribution -- Attorney employed; duty to give proper notice of appointment of personal representative; conflict of interest not necessarily present where attorney represents both estate and only devisee; trial court erred in disqualifying attorney; reversed. [HTML, WP5.1]

Eads v. Hall (Per Curiam) 99-1247

Attorney & client -- Attorney's fees; awarded. [HTML, WP5.1]

Elzea v. Perry (Glaze, J.) 99-1142

Taxation -- Recovery of voluntarily paid taxes prohibited; taxes deemed voluntarily paid; summary judgment properly granted. [HTML, WP5.1]

Franks v. State (Per Curiam) CR00-205

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

Hamaker v. Strickland (Corbin, J.) 99-1274

Descent & distribution -- Widow sole heir; appellants not claimants to estate; probate court without jurisdiction. [HTML, WP5.1]

Hicks v. State (Thornton, J.) CR99-871

Discovery -- Violation; showing of prejudice necessary for reversal; disclosure to defendant no substitute for defendant's own investigation; mistrial extreme sanction; mistrial or continuance properly denied where State's failure to disclose did not adversely impact fundamental fairness of trial. [HTML, WP5.1]

Oxford v. Perry (Arnold, C.J.) 99-1141

Appeal & error -- Original action dismissed; decision not open to appeal; summary judgement based on voluntary-payment rule appropriate; savings statute inapplicable. [HTML, WP5.1]

Ullom v. Arkansas Dep't of Human Servs. (Thornton, J.) 99-816

Parent & child -- Termination of parental rights appropriate; meaningful efforts made to rehabilitate home; pattern of abuse was contrary to child's health & safety. [HTML, WP5.1]

In Re: Committee on Automation (Per Curiam) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions - Criminal (Per Curiam) [HTML, WP5.1]

Baker v. Davis, CR 99-1260 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot March 9, 2000. [HTML, WP5.1]

Camp v. State, CR 99-22 (Per Curiam), affirmed March 9, 2000. [HTML, WP5.1]

Gonzales v. State, CR 99-1162 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Brief; denied and appeal dismissed March 9, 2000. [HTML, WP5.1]

Guss v. State, 99-1326 (Per Curiam), Pro Se Motion for Court to Follow Supremacy Clause and Doctrine of Stare Decisis and Motion for Appointment of Counsel moot; appeal dismissed March 9, 2000. [HTML, WP5.1]

Morgan v. State, CR 99-49 (Per Curiam), dismissed March 9, 2000. [HTML, WP5.1]

Smith v. State, CR 99-1323 (Per Curiam), Pro Se Motion for Extension of Time to File Brief; denied and appeal dismissed March 9, 2000. [HTML, WP5.1]

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

99-1141. Earl Oxford et al. v. Jim Perry et al., from Sebastian Circuit, Greenwood District. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

99-1142. Horton O. Elzea et al. v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

99-1224. Michael Allison v. David Kelly Dufresne, from Perry Chancery. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-1274. George Hamaker and Jane Hamaker Bowman v. June Hamaker Strickland, from Bradley Probate. Reversed and Dismissed without Prejudice. (5 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR99-871. Jeffrey Hicks and Ricardus Flowers v. State of Arkansas, from Saline Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

CR99-1121. Richard Ottis Carmichael v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

99-816. Bobby and Angie Ullom v. Arkansas Department of Human Services, from Benton Chancery. Affirmed. Smith, J., concurs. (9 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-878. Sharlett Craig, Personal Representative of the Estate of Earle L. Berrell, Deceased v. Bonita Carrigo and Edward J. Berrell, from Pulaski Probate, First Division. Reversed. (17 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-22. Terry Camp v. State of Arkansas, from Columbia Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-49. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

99-57. Steve Dalrymple, Jefferson County Prosecuting Attorney et al. v. Signal Peak Enterprises, from Jefferson Chancery.

99-127. Tiny Standoak Babb v. Leanna Matlock, from Garland Probate.

99-378. Charles E. Smith v. Prudential Property & Casualty Insurance, from Greene Circuit.

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

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

00-130. Charles Frances v. Gaylord Container Corporation, from Workers' Compensation Commission.

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

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

CR00-133. Matthew Earnest v. State of Arkansas, from Jefferson Circuit.

00-178. Leann A. Wall v. Director et al., from Board of Review.

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

99-1247. Sonny Eads and Viki Lynn Eads v. Bill (Rick) Hall et al., from Boone Circuit. Attorney's fees and costs awarded. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Appellant's motion to file substituted abstract and brief granted; motion to enlarge brief denied. Clerk to set briefing schedule.

CR99-1442. Carolyn Arnett v. State of Arkansas, from Greene Circuit. Appellant's motion to supplement the record is granted.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Appellee's motion to supplement the record and for extension of brief time is granted. Thornton, J., not participating.

99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Intervenors' motion for extension of time to file brief denied; motion to supplement the record moot. Intervenor's have right to file reply brief. Thornton, J., not participating.

CR00-205. Wardell Franks v. State of Arkansas, from Little River Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

99-669. Henry Frank et al. v. Roger Barker et al., from Saline Circuit. Appellants' motion to reschedule oral argument is granted. Special Justice Kelvin Wyrick agrees. Glaze, J., not participating.

CR00-202. Tammy Cunningham v. Honorable David Clinger, Judge, from Benton Circuit. Petition for writ of prohibition. To be submitted as a case.

00-272. Kathryn Ann Myrick (Logan) v. Richard Dale Myrick, from Garland Chancery. Petition for expedited consideration is granted.

00-272. Kathryn Ann Myrick (Logan) v. Richard Dale Myrick, from Garland Chancery. Petition for writ of mandamus is denied.

CR99-1162. Wilfredo Gonzales v. State of Arkansas, from Sevier Circuit. Pro se motion for rule on clerk to file belated brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1260. Kevin D. Baker v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR99-1323. Victor Smith v. State of Arkansas, from Faulkner Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1326. James H. Guss v. State of Arkansas, from Jefferson Circuit. Pro se motion for court to follow supremacy clause and doctrine of stare decisis and motion for appointment of counsel. Motions moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1382. State of Arkansas v. Raphael Jerome Cherry, from Pulaski Circuit, First Division. Appellant's motion to stay new trial proceedings and for expedited review is granted. Arnold, C.J., and Glaze and Corbin, JJ., not participating. (Proceedings of March 6, 2000)

In Re: Supreme Court Committee on Model Jury Instructions - Criminal. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

The Honorable Henry Wilkinson of Forrest City is reappointed to the Supreme Court Committee on Model Jury Instructions - Criminal for a three-year term to expire on February 28, 2003.

Deborah R. Sallings, Attorney at Law, of Little Rock, Ellen L. Reif, Attorney at Law, of Little Rock, and Melody Piazza, Attorney at Law, of Little Rock are hereby appointed to the Supreme Court Committee on Model Jury Instructions - Criminal. The term for each of the foregoing is three years, to expire on February 28, 2003.

The Court thanks Judge Wilkinson for accepting reappointment, and Ms. Sallings, Ms. Reif, and Ms. Piazza for accepting appointment to this most important Committee.

We also express our gratitude to Jack Lassiter, Esq., of Little Rock, Frank Newell, Esq., of Little Rock, and Didi Sallings, Attorney at Law, of Little Rock, whose terms have expired, for their years of service to the Committee.

In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Stacy Zimmerman is appointed to the Committee on Automation for a three (3) year term ending October 31, 2002. Carlton Jones is appointed to the Committee on Automation for a three (3) year term ending October 31, 2002.

Stephen C. Sipes is reappointed to the Committee on Automation for a three (3) year term ending October 31, 2002.

The Court thanks Stacy Zimmerman and Carlton Jones for accepting appointment to this Board. The Court thanks Mr. Sipes for accepting reappointment to the Board.

The Court thanks Harry Foltz and Bentley Story for their dedicated service as members of this Board.

PETITIONS FOR REHEARING:

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

99-78. BNL Equity Corporation et al. v. Myra Jo Pearson, from Pulaski Circuit, Third Division.

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

PETITIONS FOR REVIEW:

00-181. Randy Ray Trusty v. Beth Howard Trusty, from Johnson Chancery.

00-193. Randy Davis v. Old Dominion Freight Line, Inc., from Workers' Compensation Commission.

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

CR99-1269. Danny Ray Woods v. State of Arkansas, from Jefferson Circuit. Joint motion for compliance.

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

CR00-227. Ambrossial Odell Rose et al. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to proceed in forma pauperis and for appointment of counsel.

CR00-281. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Motion for belated appeal and appointment of counsel.

99-1217. Julia D. Jones et al. v. Fairfax Abraham, from Clark Chancery. Appellee's motion for taxation of costs and attorney's fees.

00-225. Tracy Young v. State of Arkansas, from Garland Chancery. Motion for rule on the clerk.

00-239. Mikeal Williams v. William Maxwell, from Crittenden Circuit. Motion for rule on the clerk.

99-89. Clarence J. Worth et al. v. City of Rogers et al., from Benton Circuit.

99-749. Eleanor Matthews v. Jefferson Hospital Association, from Workers' Compensation Commission.

99-1217. Julia D. Jones et al. v. Fairfax Abraham, Jr. et al., from Clark Chancery.

99-1413. Conagra, Inc. v. Vida Strother, from Independence Circuit.

99-1425. T&T Materials, Inc. v. Willie Mooney et al., from Van Buren Circuit.

00-33. Ron Oliver, President, First Arkansas Bail Bonds, Inc. v. Honorable Morris Thompson Judge, from Pulaski Circuit, Fifth Division.