Opinions delivered
May 4, 2000
Engram v. State (Arnold, C.J.) CR99-928
Evidence -- DNA evidence substantial standing alone; undeniably sufficient when considered with circumstantial evidence; substantial evidence existed to support convictions for; no error in denial of mistrial motion where State demonstrated appellant had lied to trooper who offered unsolicited remark on truthfulness; victim-impact evidence properly allowed. [HTML, WP5.1]
Farmer v. State (Corbin, J.) CR99-627
Criminal law -- Rape; direct proof of sexual gratification not necessary; conviction supported by substantial evidence. [HTML, WP5.1]
Foundation Telecomm., Inc. v. Moe Studio, Inc. (Thornton, J.) 00-96
Judges -- Special judges; appellant challenged selection of judge on one ground below & another on appeal; appellant failed to meet burden to challenge validity of special judge's election; employee agent acted with apparent authority; trial judge's decisions affirmed. [HTML, WP5.1]
Gregory v. State (Smith, J.) CR99-820
Evidence -- Circumstantial evidence of guilt sufficient; conviction affirmed. [HTML, WP5.1]
Hill v. State (Arnold, C.J.) CR99-959
Judgment -- Res judicata not applicable; probation revocation affirmed. [HTML, WP5.1]
Ibsen v. Plegge (Imber, J.) CR00-52
Prohibition, writ of -- Circuit court's jurisdiction unclear; writ denied. [HTML, WP5.1]
Osburn v. Arkansas Dep't of Human Servs. (Glaze, J.) 99-1296
Appeal & error -- Ark. R. App. P.--Civ. 5; appeal dismissed where intervenors failed to file record in timely manner. [HTML, WP5.1]
Simmons v. State (Per Curiam) CR00-425
Appeal & error -- Motion for rule on clerk; denied. [HTML, WP5.1]
Smith v. State (Per Curiam) CR00-458
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Cloird v. Reed, CR 00-166 (Per Curiam), Pro Se Motions for Appointment of Counsel and to Correct Record denied; Pro Se Motion for Extension of Time to File Brief moot May 4, 2000. [HTML, WP5.1]
Mann v. State, CR 00-31 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief; motion treated as motion for extension of time and for access to appeal record and granted May 4, 2000. [HTML, WP5.1]
Nooner v. Langston, 00-249 (Per Curiam), Pro Se Motion for Rule on Clerk; denied May 4, 2000. [HTML, WP5.1]
Peters v. State, CR 00-203 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed With Belated Appeal; granted May 4, 2000. [HTML, WP5.1]
Williams, Floyd v. State, CR 76-93 (Per Curiam), Pro Se Motion to Recall Mandate; denied May 4, 2000. [HTML, WP5.1]
Williams, Houston Leon v. State, CR 98-949 (Per Curiam), affirmed May 4, 2000. [HTML, WP5.1]
Williams, Jackie Lee v. State, CR 97-1499 (Per Curiam), affirmed; Motion to Withdraw granted May 4, 2000. [HTML, WP5.1]
W.H. "DUB" ARNOLD, CHIEF JUSTICE
CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]
CR99-959. Danny Lee Hill v. State of Arkansas, from Washington Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Appeal Dismissed. Thornton, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR99-627. Roger Don Farmer v. State of Arkansas, from Benton Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR00-52. Michael Ibsen v. Honorable John B. Plegge, Pulaski County Circuit Judge, from Pulaski Circuit, Seventh Division. Petition for Writ of Prohibition. Writ Denied. (7 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
00-96. Foundation Telecommunications, Inc. v. Moe Studio, Inc., from Benton Circuit. Affirmed; Court of Appeals Reversed. (10 PAGES PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
CR99-820. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed; Motion to Withdraw Granted. (14 PAGES UNPUBLISHED) [HTML, WP5.1]
CR98-949. Houston Leon Williams v. State of Arkansas, from Izard Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR99-1172. State of Arkansas v. Antonio Singleton, from Pulaski Circuit, First Division.
99-1489. Arkansas Bankers Life Insurance Company v. Randy Tomerlin, from Ashley Circuit.
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REVIEWS GRANTED: Petitions for review were granted today in the following case.
00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. (appellant)
00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. (appellee)
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR00-405. Quadney Lyvonn Garrett v. State of Arkansas, from Pulaski Circuit, Fifth Division.
00-412. Tim Winslow v. D&B Mechanical Contractors, Inc., from Workers' Compensation Commission. Glaze and Smith, JJ., would grant.
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99-1296. Regina Padgett Osburn et al. v. Department of Human Services., from Pulaski Chancery, Tenth Division. Appellees' joint motion to dismiss appeal. Moot. Thornton, J., not participating.
99-1296. Regina Padgett Osburn et al. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division. Petitioners' request for relief and appeal of chancery court orders. Moot. Thornton, J., not participating.
00-451. Gary Marcus Palmer v. State of Arkansas, from Randolph Circuit. Appellant's motion to dismiss petition is granted.
00-451. Gary Marcus Palmer v. State of Arkansas, from Randolph Circuit. Motion for temporary relief. Moot.
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 is denied. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
99-1009. Charles Amant et al. v. George M.Callahan, from Garland Circuit. Appellee's motion to reschedule oral argument is granted. (Proceedings of May 1, 2000)
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 is denied.
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 is denied.
CR00-453. Charles F. Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Dana Reece to be relieved as attorney for appellant is granted if substitute counsel enters her appearance with ten days.
CR00-458. Dianna Smith v. State of Arkansas, from Chicot Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
99-800. Seeco, Inc. et al. v. Allen Hales, from Sebastian Circuit, Fort Smith District. Motion of Oliver S. Howard and M. Benjamin Singletary for admission to practice by comity is granted. Thornton and Smith, JJ., not participating.
99-1414. City of Dover v. City of Russellville and City Corporation, from Pope Chancery. Appellees' motion to waive Rule 4-2(a)(6) for reproducing exhibits is granted.
00-443. Shawn Lamberth Overturf v. Arkansas Department of Human Services, from Sharp Chancery. Motion for rule on the clerk is denied. Thornton, J., not participating.
00-461. Farmer's Supply Company of Marvell, Inc. v. Tony Gilmore, from Lee Circuit. Motion for rule on the clerk is denied.
00-463. Barbara Anderson v. Farris Holliman et al., from Faulkner Chancery. Motion for rule on the clerk and for writ of certiorari to complete the record is denied.
CACR99-1293. Jerry A. Newton v. State of Arkansas, from Jefferson Circuit. Appellant's motion to strike is denied.
00-56. Overtus Brinker v. Forrest City School District No. 7 et al., from St. Francis Circuit. Motion of appellee, Southern Farm Bureau Casualty, to dismiss its cross-appeal is granted.
CR76-93. Floyd Williams v. State of Arkansas, from Pulaski Circuit. Pro se motion to recall mandate. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-31. Willard Mann v. State of Arkansas, from Cleburne Circuit. Pro se motion for extension of time to file appellant's brief. Motion treated as motion for extension of time and for access to appeal record and granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-166. Gary T. Cloird v. M. D. Reed, Warden, from Lincoln Circuit. Pro se motions for appointment of counsel, to correct record, and for extension of time to file brief. Motions for appointment of counsel and to correct record denied; motion for extension of time moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-203. Robert Peters v. State of Arkansas, from St. Francis Circuit. Pro se motion for rule on clerk to proceed with belated appeal. Motion granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
00-249. Terrick Nooner v. Honorable John Langston and Mark Stodola, from Pulaski Circuit, First Division. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
PETITION FOR REHEARING:
99-181. Simmons First Bank of Arkansas et al. v. Bob Callahan Services, Inc., from Pulaski Chancery, Third Division.
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CR00-452. Arkansas Public Defender Commission v. Honorable John Fogleman, Judge, from Greene Circuit. Petition for writ of certiorari.
CR00-452. Arkansas Public Defender Commission v. Honorable John Fogleman, Judge, from Greene Circuit. Motion for stay.
CR00-452. Arkansas Public Defender Commission v. Honorable John Fogleman, Judge, from Greene Circuit. Motion for expedited consideration of petition for writ of certiorari.
CR00-452. Arkansas Public Defender Commission v. Honorable John Fogleman, Judge, from Greene Circuit. Motion for extension of time to file response to petition for writ of certiorari, motion for expedited consideration, and motion for stay.
99-878. Sharlett Craig et al. v. Bonita Carrigo and Edward J. Berrell, from Pulaski Probate, First Division. Appellant's motion to release exhibits.
99-878. Sharlett Craig et al. v. Bonita Carrigo and Edward J. Berrell, from Pulaski Probate, First Division. Appellant's motion for taxation of costs.
CACR99-582. Rickey Lee Martin v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees.
CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Motion for reconsideration of motion for attorney's fees.
CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees.
CACR99-950. Jacob Oliver v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees.
CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees.
CACR00-191. Dwight T. McClendon v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees.
99-665. Arkansas Tech Univeristy et al. v. Michael A. Link et al., from Pope Chancery. Argued orally.
99-669. Henry Frank et al. v. Roger Barker et al., from Saline Circuit. Argued orally.
99-1123. Arkansas Transit Homes, Inc. v. Aetna Life & Casualty, from Pulaski Circuit, Third Division.
99-1422. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery.
00-130. Charles Frances v. Gaylord Container Corporation, from Workers' Compensation Commission.