Opinions delivered
March 23, 2000
Buchanan v. State (Per Curiam) CR00-271
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Colbert v. State (Glaze, J.) CR99-1101
Criminal procedure -- Officers stopped car based on mere possibility of drug possession; Ark. R. Crim. P. 14.1 not complied with; traffic stop unnecessary; Ark. R. Crim. P. 3.1 not complied with; inevitable-discovery rule inapplicable; inadmissible evidence formed basis for State's argument; harmless-error rule inapplicable. [HTML, WP5.1]
Conagra, Inc. v. Strother (Imber, J.) 99-1413
Negligence -- Substantial evidence supported first basis for liability in slip-and-fall case; erroneous application of hidden-danger analysis not reversible error. [HTML, WP5.1]
Hussey v. State (Per Curiam) CR00-269
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Oliver v. Pulaski County Circuit Court (Smith, J.) 00-33
Certiorari, writ of -- Circuit court did not exceed jurisdiction in issuing subpoenas to petitioner; petition denied. [HTML, WP5.1]
Orsini v. State (Brown, J.) 98-1119
Administrative law & procedure -- Freedom of Information Act; reversed & remanded for hearing to determine whether requested documents qualified for exemption under Department of Correction regulation. [HTML, WP5.1]
In Re: Arkansas Bar Association (Per Curiam) 00-195 [HTML, WP5.1]
In Re: Technical Correction to Rule 45(a), Ark. R. Civ. P. (Per Curiam) [HTML, WP5.1]
In Re: Appointments to Supreme Court Committee on Model Jury Instructions - Civil (Per Curiam) [HTML, WP5.1]
In Re: Wilson (Per Curiam) [HTML, WP5.1]
Brown v. Post Prison Transf. Bd., 00-21 (Per Curiam), Pro Se Motions for Access to Record and Extension of Time to File Appellant's Brief; granted March 23, 2000. [HTML, WP5.1]
Hancock v. State, CR 98-919 (Per Curiam), affirmed March 23, 2000. [HTML, WP5.1]
Harris v. Davis, 00-182 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot March 23, 2000. [HTML, WP5.1]
Hill v. State, CR 99-1341 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Reinstate Appeal; denied March 23, 2000. [HTML, WP5.1]
Johnson v. State, CR 99-68 (Per Curiam), appeal dismissed March 23, 2000. [HTML, WP5.1]
Jones v. Humphrey, CR 00-66 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record; dismissed March 23, 2000. [HTML, WP5.1]
Jordan v. State, CR 00-84 (Per Curiam), Pro Se Motion for Belated Appeal of Order; denied March 23, 2000. [HTML, WP5.1]
Kerr v. State, CR 99-273 (Per Curiam), affirmed March 23, 2000. [HTML, WP5.1]
McCoy v. State, CR 99-167 (Per Curiam), affirmed March 23, 2000. [HTML, WP5.1]
Meny v. Norris, 98-1143 (Per Curiam), Petition for Rehearing denied March 23, 2000. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR99-1101. Isaac A. Colbert v. State of Arkansas, from Nevada Circuit. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
98-1119. Mary Lee Orsini v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
99-1413. Conagra, Inc. v. Vida Strother, from Independence Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
00-33. Ron Oliver, President, First Arkansas Bail Bonds, Inc. v. Pulaski County Circuit Court et al., from Pulaski Circuit, Fifth Division. Petition Denied. Glaze and Brown, JJ., concur. (9 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-919. William Ray Hancock v. State of Arkansas, from Franklin Circuit. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-68. Jerry Johnson v. State of Arkansas, from Garland Circuit. Appeal Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-167. Leroy King McCoy v. State of Arkansas, from Jackson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-273. Billy Steve Kerr v. State of Arkansas, from Randolph Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
98-1143. Carl Meny v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
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REVIEW GRANTED: Petition for review was granted today in the following case.
00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Arnold, C.J. and Thornton, J., would deny.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR00-211. Drew Malone Raines v. State of Arkansas, from Pulaski Circuit, Fourth Division.
00-214. Maverick Transportation et al. v. David Buzzard and J. B. Hunt Transport, Inc., from Workers' Compensation Commission. Imber, J., not participating.
00-223. Neosho Construction Company, Inc. v. Weaver-Bailey Contractors, Inc., from Pulaski Circuit, Fifth Division. Glaze and Imber, JJ., would grant.
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00-195. In Re: Arkansas Bar Association, an Original Action. Proposal on admission to the bar in Arkansas. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR99-83. Alvin B. Jackson v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file supplemental brief is granted.
CR99-1482. Bruce Hurley v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal is granted.
CR00-269. Vincent James Hussey v. State of Arkansas, from Drew Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR00-271. Sanford Buchanan v. State of Arkansas, from Lonoke Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
99-78. BNL Equity Corporation et al. v. Myra Jo Pearson et al., from Pulaski Circuit, Third Division. Appellants' motion for stay of mandate is granted.
99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellee's motion to strike appellant's brief is denied. Corbin, Imber and Smith, JJ., not participating.
00-252. Harry H. Criner, Jr. v. A. G. Edwards & Sons, Inc., from Pulaski Circuit, Second Division. Motion for rule on the clerk is denied.
00-273. Myrtle Washington et al. v. John Dawson, Jr. and Arkansas Pulpwood Company, Inc., from Ouachita Chancery. Motion for rule on the clerk is denied.
99-998. Beverly Enterprises-Arkansas, Inc. et al. v. Paul Hillier, from Crawford Circuit. Appellee's motion to dismiss appeal. Passed until case submitted.
CA00-265. Paula Jenkins v. Arkansas Department of Human Services, from Craighead Chancery, Western District. Appellee's motion to dismiss appeal is granted. Thornton, J., not participating.
99-526. Nakia Baker et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Motion to intervene of the Honorable Rita Gruber is denied.
CR99-1341. Steven E. Hill v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for reconsideration of motion to reinstate appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-66. Howard Jones v. Honorable Marion Humphrey, Judge, from Pulaski Circuit, Fifth Division. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR00-84. Charles E. Jordan, Jr. v. State of Arkansas, from Craighead Circuit, Western District. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
00-21. Elizabeth Gammon Brown v. Post Prison Transfer Board et al., from Pulaski Circuit, Fifth Division. Pro se motions for access to record and extension of time to file appellant's brief. Motions granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
00-182. Jimmy E. Harris 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]
In Re: George Nicholas Wilson, Arkansas Bar Id #67058. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
In Re: Technical Correction to Rule 45(a), Ark. R. Civ. P. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
In Re: Appointments to Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Don R. Elliott, Jr., Esq., of Fayetteville, Scott Emerson, Esq., of Jonesboro, and William B. Wiggins, Esq., of Fort Smith are hereby reappointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2003.
The Court thanks Messrs. Elliott, Emerson, and Wiggins for accepting reappointment to this most important committee.
PETITION FOR REHEARING:
99-467. Louis Etoch and Charles E. Halbert, Jr. v. Honorable L.T. Simes, II, Circuit Judge, from Monroe Circuit.
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PETITION FOR REVIEW:
00-234. Marian Srebalus v. Rose Care, Inc., from Lafayette Circuit.
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CR99-802. Gerald Dean Fowler v. State of Arkansas, from Washington Circuit. Appellant's motion to recall mandate.
CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file enlarged brief.
99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for attorney's fees and costs.
99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for clarification.
99-1518. Cozetta A. Ausler v. Arkansas Broadcasting Foundation, from Pulaski Circuit, Second Division. Second motion for rule on the clerk.
00-118. David and Gloria Hooker v. Rain & Hail Insurance Services, Inc., from St. Francis Circuit. Appellants' motion for reconsideration.
00-141. Arkansas Department of Human Services v. Honorable J. Michael Fitzhugh, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petitioner's motion for reconsideration and clarification.
00-325. Wenco Franchise Management, Inc. v. Donna Chamness, from St. Francis Circuit. Petition for writ of prohibition.
CA00-275. John E. Searcy III v. Emmett Davenport et al., from Van Buren Chancery. Motion to proceed in forma pauperis.
99-181. Simmons First Bank of Arkansas v. Bob Callahan Services, Inc., from Pulaski Chancery, Third Division. Argued orally.
CR98-5. Bruce Lee Rowbottom v. State of Arkansas, from Benton Circuit.
CR99-1088. Johnny Paul Dodson v. State of Arkansas, from Monroe Circuit.
99-573. Union Planters National Bank v. East Central Arkansas Economic Development Corporation, from St. Francis Chancery.
99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit.