Opinions delivered
May 18, 2000
Arkansas Transit Homes, Inc. v. Aetna Life and Cas. (Corbin, J.) 99-1123
Master & servant - Contract drivers found to be employees; appellant intended & elected to have contract drivers; trial court's determination not clearly erroneous. [HTML, WP5.1]
Boston v. State (Per Curiam) CACR99-605
Officers & public employees -- Public defenders; assistants may not be compensated for appellate work; part-time public defenders governed by statute. [HTML, WP5.1]
Buchannan v. State (Per Curiam) CACR00-174
Officers & public employees -- Public defenders; assistants may not be compensated for appellate work; part-time public defenders governed by statute. [HTML, WP5.1]
Casey v. State (Per Curiam) CR00-388
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Davis v. Office of Child Support Enfcm't (Smith, J.) 99-1422
Family law -- Federal law limits state court authority with respect to Supplemental Security Income & Social Security Disability; SSI not subject to state court jurisdiction; child-support payments cannot be based upon income from federal SSI disability benefits. [HTML, WP5.1]
In Re: Adoption of D.J.L. (Brown, J.) 99-1134
Appeal & error -- Flagrantly deficient abstract; decision affirmed. [HTML, WP5.1]
Martin v. State (Per Curiam) CACR99-582
Officers & public employees -- Public defenders; assistants may not be compensated for appellate work; part-time public defenders governed by statute. [HTML, WP5.1]
Maxey v. Tyson Foods, Inc. (Arnold, C.J.) 99-637
Workers' compensation -- Fair-minded persons could not have reached Commission's conclusion; reversed. [HTML, WP5.1]
McClendon v. State (Per Curiam) CACR00-191
Officers & public employees -- Public defenders; assistants may not be compensated for appellate work; part-time public defenders governed by statute. [HTML, WP5.1]
Norris v. State Farm Fire & Cas. Co. (Thornton, J.) 99-1115
Insurance -- Policy found not to exclude accidental or unintended results of willful & malicious acts; injuries could have been accidental or unintended; reversed & remanded. [HTML, WP5.1]
Oliver v. State (Per Curiam) CACR99-950
Officers & public employees -- Public defenders; assistants may not be compensated for appellate work; part-time public defenders governed by statute. [HTML, WP5.1]
Potts v. State (Per Curiam) CACR99-817
Officers & public employees -- Public defenders; assistants may not be compensated for appellate work; part-time public defenders governed by statute. [HTML, WP5.1]
Price v. Price (Glaze, J.) 99-470
Divorce -- Ark. R. Civ. P. 58 pertains to court administration; judgment becomes effective when written precedent filed; lower court's finding that parties divorce not final & appellee was therefore surviving spouse affirmed. [HTML, WP5.1]
Roberts v. Priest (Per Curiam) 00-485
Action -- Original action; motion for expedited scheduling order granted. [HTML, WP5.1]
Stilley v. Priest (Brown, J.) 00-135
Elections -- Initiative; Act 877 of 1999 does not conflict with Ark. Const. Amend. 7; ballot title sufficient to give voter intelligible idea; petition denied. [HTML, WP5.1]
Williams v. State (Per Curiam) CR99-1221
Appeal & error -- Hearing requested; master appointed. [HTML, WP5.1]
State v. Sullivan (Per Curiam) CR99-1140
Constitutional law -- Reasonableness decided on case-by-case basis; State's petition for rehearing denied. [HTML, WP5.1]
In Re: Supreme Court Alternate Committee on Professional Conduct (Per Curiam) [HTML, WP5.1]
Barfield v. State, CR 00-188 (Per Curiam), affirmed May 18, 2000. [HTML, WP5.1]
Gaines v. State, CR 99-1354 (Per Curiam), Pro Se Motions for Appointment of Counsel and for Instructions; denied and appeal dismissed May 18, 2000. [HTML, WP5.1]
Hussey v. State, CA CR 99-61 (Per Curiam), Pro Se Motion for Photocopy of Brief at Public Expense; denied May 18, 2000. [HTML, WP5.1]
Murray v. State, CR 98-715 (Per Curiam), affirmed; Motion to Withdraw granted May 18, 2000. [HTML, WP5.1]
Pitts v. State, CR 80-40 (Per Curiam), Pro Se Petition to Proceed in Circuit Court Pursuant to Criminal Procedure Rule 37 denied May 18, 2000. [HTML, WP5.1]
Rayford v. State, CR 98-1322 (Per Curiam), affirmed May 18, 2000. [HTML, WP5.1]
Watson v. State, CR 00-256 (Per Curiam), Pro Se Motion for Belated Appeal of Order dismissed May 18, 2000. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
99-637. Louise Maxey v. Tyson Foods, Inc., Tynet Corporation and Second Injury Fund, from Arkansas Workers' Compensation Commission. Reversed. Arkansas Court of Appeals. Reversed. (6 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
99-470. Rodney Price, Kenneth Price, and Randy Price v. Virginia Sue Price, from Miller Probate. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
99-1123. Arkansas Transit Homes, Inc. v. Aetna Life and Casualty, from Pulaski Circuit, Third Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
99-1134. In Re: Adoption of D.J.L., a Minor, C.L. and L.L., from Drew Probate. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
00-135. Oscar Stilley v. Sharon Priest, in Her Official Capacity as Secretary of State of the State of Arkansas, and Arkansas Casino Corporation, an Original Action Petition. Denied. Imber and Thornton, JJ., dissent. (16 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
99-1115. Jeannie B. Norris, Individually and as Mother, Natural Guardian, and Next Friend of Skye Thomas, a Minor v. State Farm Fire & Casualty Company, from Pulaski Circuit, Sixth Division. Reversed and Remanded. Brown, Imber, and Smith, JJ., dissent. (8 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
99-1422. Martha S. Davis v. Office of Child Support Enforcement, from Randolph Chancery. Reversed and Remanded. Arnold, C.J., dissents. (10 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-715. Roland Murray v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed; Motion to Withdraw Granted. (10 PAGES UNPUBLISHED) [HTML, WP5.1]
CR98-1322. Larry Nicole Rayford v. State of Arkansas, from Ashley Circuit. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-188. Gary Don Barfield v. State of Arkansas, from Garland Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. See supplemental opinion on denial of rehearing. Glaze, Imber, and Smith, JJ., would grant. (4 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
99-1217. Julia D. Jones et al. v. Fairfax Abraham et al., from Clark Chancery. Arnold, C.J., and Brown, J., not participating.
99-1405. Floyd G. Villines, III, Pulaski County Judge et al. v. Pulaski County Board of Education et al., from Pulaski Circuit, Sixth Division.
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REVIEW DENIED: Petition for review was denied today in the following case.
00-436. Bryan Hosto v. Intellinet, LLC, Internet Partners of America, LLC, from Pulaski Circuit, First Division.
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00-485. Bobby Roberts, Individually, and on behalf of Arkansans to Protect Police, Libraries, Education & Services v. Sharon Priest, Secretary of State, an Original Action. Motion for expedited scheduling order is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
00-485. Bobby Roberts v. Sharon Priest, Secretary of State, an Original Action. Complaint and petition for review. To be submitted as a case. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CACR99-582. Rickey Lee Martin v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
CACR99-605. James Boston v. State of Arkansas, from Jefferson Circuit. Motion for reconsideration of motion for attorney's fees is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
CACR99-817. Bridgett Potts v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
CACR99-950. Jacob Oliver v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
CACR00-174. Allen Dwayne Buchannan v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
CACR00-191. Dwight T. McClendon v. State of Arkansas, from Crittenden Circuit. Motion for reconsideration of motion for attorney's fees is denied. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
CR99-1221. Frank Williams, Jr. v. State of Arkansas, from Lafayette Circuit. Appointment of master. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR99-386. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to strike appellant's substituted brief is granted.
CR99-386. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to stay appellant's substituted brief is denied.
CR00-303. John Michael Meeks v. State of Arkansas, from Pope Circuit. Appellant's motion to supplement the record is granted.
CR00-388. Kevin Douglas Casey v. State of Arkansas, from Hot Spring Circuit. Motion for rule on the clerk and affidavit of responsibility. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
00-193. Randy Davis v. Old Dominion Freight Line, Inc. and St. Paul Fire & Marine Insurance Company, from Workers' Compensation Commission. Motion of Arkansas Self-Insurers Association, Inc. to file amicus curiae brief is granted.
CA00-14. Arkansas Presbytery of the Cumberland Presbyterian Church et al. v. Gary D. Hudson et al., from Pope Chancery. Appellants' motion to reassign to the Supreme Court is denied.
CR80-40. Eugene Isaac Pitts v. State of Arkansas, from Pulaski Circuit. Pro se petition to proceed in circuit court pursuant to Criminal Procedure Rule 37. Petition denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR99-1354. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Pro se motions for appointment of counsel and for instructions. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR00-256. Michael Watson v. State of Arkansas, from Clark Circuit. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. Arnold, C.J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]
CACR99-61. Ray A. Hussey v. State of Arkansas, from Chicot Circuit. Pro se motion for photocopy of brief at public expense. Motion denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
00-539. James F. J. F. Valley v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari, motion to stay, alternatively, motion to expedite appeal, and motion to stay May 4, 2000 order removing J. F. Valley from ballot. Writ of certiorari issued to circuit clerk and court reporter for preparation of the record to be returned by 5:00 p.m. on May 15, 2000. Parties to submit briefs simultaneously by 4:30 p.m. on May 17, 2000. (Proceedings of May 11, 2000)
00-539. James F. J. F. Valley v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to stay and to accelerate this proceeding. Motion denied. See per curiam. (Proceedings of May 12, 2000) (3 PAGES PUBLISHED) [HTML, WP5.1]
00-539. James F. J. F. Valley v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Petition for reconsideration is denied. See per curiam. (Proceedings of May 15, 2000) (1 PAGE PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Alternate Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Harry Truman Moore, Esq., of Paragould, representing the First Congressional District, is hereby appointed to the Supreme Court Alternate Committee on Professional Conduct for a seven-year term to expire on March 30, 2007. Mr. Moore replaces David Solomon, Esq., of Helena, whose term has expired.
The Court thanks Mr. Moore for accepting appointment and expresses appreciation to Mr. Solomon for his years of service to this Committee.
PETITION FOR REHEARING:
99-1376. Sue Burke v. Kenneth Elmore et al., from Sebastian Circuit, Greenwood District.
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PETITIONS FOR REVIEW:
CR00-476. Daniel W. Johnson v. State of Arkansas, from Saline Circuit.
00-502. Glynda Caldwell and Arley Caldwell v. Allenfarm, Inc., from Benton Circuit.
00-503. Felicia Wood and Ruth Carolyn Wood v. West Tree Service, form Workers' Compensation Commission.
00-509. Rita C. Epperson and Bennie F. Epperson v. Progressive Casualty Insurance Company, from Johnson Circuit.
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CR00-336. Stephen W. Miller and Janette Elaine Miller v. State of Arkansas, from Washington Circuit. Appellants' motion to file supplemental brief.
CR00-528. Don William Davis v. State of Arkansas, from Benton Circuit. Motion for rule on the clerk.
CR00-528. Don William Davis v. State of Arkansas, from Benton Circuit. Motion for substitution of appointed counsel.
00-310. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Appellant's motion for attorney's fees.
00-521. Menard, Inc. v. Honorable John C. Ward, Judge and Windsor Door, Inc., from Pulaski Circuit, Third Division. Petition for writ of prohibition.
00-521. Menard, Inc. v. Honorable John C. Ward, Judge and Windsor Door, Inc., from Pulaski Circuit, Third Division. Motion for temporary writ of prohibition.
99-58. Ouachita Trek and Development Company v. Lynn C. Rowe et al., from Garland Chancery. Argued orally.
CR99-989. State of Arkansas v. Jerry Dean Howard, from Carroll Circuit, Eastern District.
CR99-1472. State of Arkansas v. Terry Lynn Guthrie, from Benton Circuit.
99-1147. Office of Child Support Enforcement v. Christopher Willis et al., from Hempstead Chancery.
99-1381. Sharon Boothe v. Michael David Boothe, from Benton Chancery.
99-1520. James L. Flowers v. Norman Oaks Construction Company, Inc., from Workers' Compensation Commission.