Burke v. Elmore (Brown, J.) 99-1376

Municipal corporations -- Statute [Ark. Code Ann. § 14-58-303] inapplicable to second-class cities; benefits paid unlawfully; recovery of money prohibited. [HTML, WP5.1]

Casey v. State (Per Curiam) CR00-388

Appeal & error -- Motion for rule on clerk denied. [HTML, WP5.1]

Cunningham v. State (Glaze, J.) 00-202

Criminal procedure -- Interstate Agreement On Detainers; language of Article III(a) clear; protections of compact do not extent to defendant who has been paroled in sending state; petition for writ of prohibition denied. [HTML, WP5.1]

Dirickson v. State (Per Curiam) CR99-795

Appeal & error -- Motion for bleated appeal; good cause for granting. [HTML, WP5.1]

Farm Bureau Mut. Ins. Co. of Ark. v. Foote (Corbin, J.) 99-1365

Insurance -- Appellee had insurable interest in residence; finding that fire was not intentionally set by appellees supported by substantial evidence; no evidence jurors engaged in premature discussions; trial court did not abuse discretion in refusing to grant mistrial. [HTML, WP5.1]

Kail v. State (Arnold, C.J.) CR99-667

Criminal law -- Marital discord alone insufficient to justify instruction on manslaughter; instruction on properly excluded; no abuse of discretion in trial judge's refusal to recuse; appellant failed to demonstrate prejudice. [HTML, WP5.1]

O'Fallon v. O'Fallon (Imber, J.) 99-806

Gifts -- Inter vivos; chancellor did not clearly err in finding decedent had made valid gift to appellee; statement against interest; trial court did not abuse discretion in admitting decedent's statements about gift. [HTML, WP5.1]

State v. Montague (Thornton, J.) CR99-1461

Appeal & error -- Argument that conviction violated double jeopardy clause must have been raised at trial; not considered on appeal. [HTML, WP5.1]

Villines v. Pulaski County Bd. of Educ. (Corbin, J.) 99-1405

Taxation -- Matter analogous to erroneous assessment or collection; reversed & dismissed where county court had exclusive jurisdiction. [HTML, WP5.1]

Abraham v. Norris, CR 98-1266 (Per Curiam), affirmed April 20, 2000. [HTML, WP5.1]

Bell v. Green, 99-840 (Per Curiam), Appellant's Pro Se Motion to File a Belated Brief granted; Motion for Transcript of Criminal Trial denied April 20, 2000. [HTML, WP5.1]

Epps v. State, CR 97-1490 (Per Curiam), affirmed April 20, 2000. [HTML, WP5.1]

Hawthone v. Purifoy, CR 00-360 (Per Curiam), Pro Se Motions for Rule on Clerk to File Mandamus Petition Without Record and to Proceed In Forma Pauperis; motions dismissed April 20, 2000. [HTML, WP5.1]

Orsini v. Beck, 98-1011 (Per Curiam), reversed and remanded April 20, 2000. [HTML, WP5.1]

Peters v. Yates, CR 00-387 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot April 20, 2000. [HTML, WP5.1]

Richards v. State, CR 97-1536 (Per Curiam), affirmed; Motion to Withdraw granted April 20, 2000. [HTML, WP5.1]

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

CR99-667. John Kail v. State of Arkansas, from Cross Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-202. Tammy Cunningham v. State of Arkansas, from Benton Circuit. Petition for Writ of Prohibition for Violation of Interstate Compact on Extradition and Detainers. Petition Denied. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-1365. Farm Bureau Mutual Insurance Company of Arkansas, Inc., and Southern Farm Bureau Casualty Insurance Company v. Gaylon Foote and Tammy Foote, from Sebastian Circuit, Greenwood District. Affirmed. Thornton, J., not participating. (21 PAGES PUBLISHED) [HTML, WP5.1]

99-1405. Floyd G. Villines III et al. v. Pulaski County Board of Education et al., from Pulaski Circuit, Sixth Division. Reversed and Dismissed. Glaze and Imber, JJ., concur. (4 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-1376. Sue Burke v. Kennith Elmore, Vicki Strange, Craig Cotner, Arnold Elmore, and The City of Huntington, from Sebastian Circuit, Greenwood District. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-806. William Martin O'Fallon, Administrator of the Estate of Barney Laron "Ronnie" O'Fallon, Deceased v. Ronnie O'Fallon, by and through His Next Friend, Linda Ngar, from Desha Chancery. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR99-1461. State of Arkansas v. Jimmie Don Montague, from Sebastian Circuit, Fort Smith District. Affirmed; Court of Appeals Reversed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR97-1490. Christopher Epps v. State of Arkansas, from Boone Circuit. Affirmed; Motion Granted. (26 PAGES UNPUBLISHED) [HTML, WP5.1]

CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit. Affirmed; Motion to Withdraw Granted. (10 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1266. Michael Abraham v. Larry Norris, Director of the Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1011. Mary "Lee" Orsini v. Bruce Beck, Sr., Warden, Archie Brown, Library Supervisor, and Wackenhut Corporation, from Jackson Circuit. Reversed and Remanded. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

99-681. Tulsi K. Bharodia et al. v. Norman Pledger, from Pulaski Chancery, Third Division. Glaze and Imber, JJ., would grant. Corbin, J., not participating.

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

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

CR00-336. Stephen Miller et al. v. State of Arkansas, from Washington Circuit.

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

CR00-312. Ronnie Archer v. State of Arkansas, from Franklin Circuit, Northern District.

CR00-341. Carlos Burdyshaw v. State of Arkansas, from Craighead Circuit, Western District.

00-319. Imelda Khamsomphou v. Petit Jean Poultry, Inc., from Workers' Compensation Commission.

00-335. Hedger Brothers Cement and Materials, Inc. et al. v. John David Stump, from Jackson Chancery.

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CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellee's motion for extension of time to return writ of certiorari is granted. Corbin, J., not participating.

CR99-795. Albert A. Dirickson v. State of Arkansas, from Sevier Circuit. Appellant's motion for belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file corrected argument is granted.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to expand record on appeal is granted.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file enlarged brief is granted.

CR99-1367. Barry L. Wallace v. State of Arkansas, from Crittenden Circuit. Appellee's motion to remand is granted.

CR99-1431. William Wesley Skiver v. State of Arkansas, from Greene Circuit. Appellant's motion to file supplemental abstract is granted.

CR99-1492. Jason Mark Smith v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement abstract and file substituted brief pursuant to Ark. Sup. Ct. Rule 4-2(b)(2) is granted.

CR00-227. Ambrossial Odell Rose et al. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of time for return of writ of certiorari. Moot.

CR00-362. Murry F. Armstrong v. Honorable John C. Cole, Jr., Judge, from Lincoln Circuit. Motion to dismiss petitioner's writ of prohibition or, in the alternative, writ of certiorari. Motion to dismiss petitioner's writ of prohibition is granted.

CR00-370. Norman Evans v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal is denied.

CR00-375. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Appellant's motion for rule on the clerk to file belated petition for review is denied.

CR00-378. Eric Scott Pike v. State of Arkansas, from Benton Circuit. Motion for belated appeal is granted.

CR00-388. Kevin Douglas Casey v. State of Arkansas, from Hot Spring Circuit. Motion for rule on the clerk is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

99-108. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Appellant's motion for reconsideration is granted.

99-1210. Owen D. Oates v. Maria Teresa Oates, from Perry Chancery. Appellant's motion for reconsideration is granted.

00-45. Mary Hodge v. Brenda Hodge, from Cross Chancery. Joint motion to stay brief time pending decision of United States Supreme Court is granted.

00-45. Mary Hodge v. Brenda Hodge, from Cross Chancery. Motion of State of Arkansas to intervene is granted.

00-135. Oscar Stilley v. Sharon Priest, Secretary of State, an Original Action. Motion of Bobby Roberts, Individually and on Behalf of Arkansans to Protect Police, Libraries, Education and Services, to file amicus curiae brief is granted.

00-166. Gary T. Clorid v. M.D. Reed, from Lincoln Circuit. Appellee's motion to strike page 10 of appellant's abstract is granted. Clerk to strike page 10 of abstract of appellant.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees. Motion to be considered with briefs.

00-252. Harry H. Criner, Jr. v. A. G. Edwards & Sons, Inc., from Pulaski Circuit, Second Division. Appellant's motion for reconsideration is denied.

00-290. Bank of America et al. v. Lyle B. Thompson, from Pulaski Chancery, Second Division. Appellant's motion to reference record in Case No. CA 99-1450 for briefing and other purposes in the present appeal is granted.

99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Motion to correct table of authorities in brief of appellee is granted.

00-451. Gary Marcus Palmer v. State of Arkansas, from Randolph Circuit. Petition for writ of mandamus and temporary relief. Petition for writ of mandamus moot. Motion for temporary relief under consideration.

CR00-360. Johnnie Ray Hawthone v. Honorable Philip Purifoy, Judge, from Miller Circuit. Pro se motions for rule on clerk to file mandamus petition without record and to proceed in forma pauperis. Motions dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-387. Robert A. Peters v. Honorable Harvey Yates, Judge, from St. Francis Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

99-840. Albert Bell v. J. W. Green, Jr. and Brad Green, from Arkansas Circuit, Northern District. Appellant's pro se motion to file a belated brief is granted; motion for transcript of criminal trial is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

CR00-374. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division.

00-310. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission.

00-342. Michael Crudup v. Regal Ware, Inc., from Workers' Compensation Commission.

00-350. Wal-Mart Stores, Inc. et al. v. Roger Wallace, from Workers' Compensation Commission.

00-361. Columbia Doctors Hospital et al. v. Austie Johnson, from Workers' Compensation Commission.

00-411. Billy J. Purtle v. Denver Roller, Inc., from Faulkner Circuit.

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CR99-1347. William Otis Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record.

CR00-425. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on the clerk to file petition for review.

99-78. BNL Equity Corporation et al. v. Myra Jo Pearson, from Pulaski Circuit, Third Division. Appellees' motion to terminate or dissolve stay of mandate.

99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Appellants' motion to allow submission of supplemental addendum inadvertently omitted from reply brief.

99-800. Seeco, Inc. et al. v. Allen Hales, from Sebastian Circuit, Fort Smith District. Appellants' motion for expansion of oral argument time.

99-1009. Charles Amant et al. v. George M. Callahan, from Garland Circuit. Appellee's motion to reschedule oral argument.

99-1024. Cindy Reaves v. Farm Bureau Mutual Insurance of Arkansas, Inc. et al., from Desha Circuit, Arkansas City District. Appellees' motion to dismiss appeal.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellee's motion to file supplemental brief.

00-422. In Re: Exparte Application of Francis Hart et al. v. Honorable David S. Clinger, Judge, from Benton Circuit. Petition for writ of mandamus and/or prohibition to the Circuit Court of Benton County, Arkansas.

00-423. Philip Aka v. Jefferson Hospital Association, Inc. et al., from Jefferson Circuit. Motion of Erma Washington, M.D. for rule on clerk to file petition for review.

00-423. Philip Aka v. Jefferson Hospital Association, Inc. et al., from Jefferson Circuit. Motion of Erma Washington and Associates for rule on clerk to file petition for review.

00-436. Bryan Hosto v. Internet Partners of America, LLC, from Pulaski Circuit, First Division. Appellee's motion for extension of time to respond to petition for review.

99-707. Timothy Davis Fox et al. v. AAA U-Rent It et al., from Pulaski Chancery, Fifth Division. Argued orally.

99-1443. Judicial Discipline & Disability Commission v. Honorable Morris W. Thompson, Circuit Judge, an Original Action. Argued orally.

CR99-627. Roger Don Farmer v. State of Arkansas, from Benton Circuit.

CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR99-959. Danny Lee Hill v. State of Arkansas, from Washington Circuit.

CR99-1079. Corey Dewberry v. State of Arkansas, from Miller Circuit.

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