Boothe v. Boothe (Thornton, J.) 99-1381

Family law -- Grandparent visitation; appellant had standing to petition for grandparent visitation; reversed & remanded. [HTML, WP5.1]

Davis v. State (Per Curiam) CR00-528

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

Newcourt Fin., Inc. v. Canal Ins. Co. (Per Curiam) 99-1249

Attorney & client -- Petition for recovery of costs & attorney's fees on appeal granted. [HTML, WP5.1]

Office of Child Support Enfcm't v. Willis (Imber, J.) 99-1147

Civil procedure -- Order appealed from not final; appeal dismissed without prejudice. [HTML, WP5.1]

Reynolds v. State (Thornton, J.) CR98-1184

Attorney & client -- Claim of ineffective assistance; Strickland standard met; first-degree murder conviction may have been based on elements required for second-degree murder; denial of postconviciton relief clearly erroneous; conviction & sentence set aside. [HTML, WP5.1]

Sera v. State (Smith, J.) CR98-1222

Evidence -- Ark. R. Evid. 404(b); modus operandi; trial court did not abuse discretion in admitting evidence of conduct in unrelated incident against third party; Rape Shield Statute; trial court properly rejected admission of evidence of prior encounter; witness properly qualified in field of pharmacology; no error in admission of videotape where appellant verified authenticity of action depicted. [HTML, WP5.1]

State v. Larimore (Thornton, J.) CR99-618

Constitutional law -- Due process; duty to disclose evidence favorable to accused; trial court correct in finding that Brady violation occurred; writ of error coram nobis granted; no abuse of discretion found. [HTML, WP5.1]

In Re: Arkansas Judicial Discipline and Disability Comm'n (Per Curiam) [HTML, WP5.1]

In Re: Beltrani (Per Curiam) [HTML, WP5.1]

Berger v. State, CR 00-210 (Per Curiam), Pro Se Motion to Relieve Counsel denied; Pro Se Motion for Extension of Time to File Brief moot May 25, 2000. [HTML, WP5.1]

Blount v. State, CR 99-1289 (Per Curiam), Pro Se Motion to Reinstate Appeal denied May 25, 2000. [HTML, WP5.1]

Guss v. State, 99-1326 (Per Curiam), Pro Se Motion to Stay Mandate denied May 25, 2000. [HTML, WP5.1]

Kelley v. State, CR 99-930 (Per Curiam), Pro Se Motion to Dismiss Appeal Without Prejudice denied; Final Extension of Brief Time granted May 25, 2000. [HTML, WP5.1]

Mackintrush v. State, CR 99-952 (Per Curiam), Pro Se Motion to File Substituted Brief granted; Pro Se Motion to File Belated Reply Brief moot May 25, 2000. [HTML, WP5.1]

Maier v. State, CR 99-1305 (Per Curiam), Pro Se Motion for Trial Transcript denied; Pro Se Motion for Extension of Brief Time granted May 25, 2000. [HTML, WP5.1]

Pratt v. State, CR 98-1532 (Per Curiam), reversed and remanded May 25, 2000. [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-1147. Office of Child Support Enforcement v. Christopher Willis, from Hempstead Chancery. Dismissed Without Prejudice. (4 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR98-1184. Robert Paul Reynolds v. State of Arkansas, from Boone Circuit. Reversed and Remanded. Brown, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

CR99-618. State of Arkansas v. Gregory Larimore, from Crittenden Circuit. Affirmed. Glaze and Smith, JJ., dissent. (14 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-1381. Sharon Boothe v. Michael David Boothe, from Benton Chancery. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR98-1222. Steven Anthony Sera v. State of Arkansas, from Bradley Circuit. Affirmed. Brown and Imber, JJ., concur in part and dissent in part. (42 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1532. Phillip Wayne Pratt v. State of Arkansas, from Jackson Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for rehearing was denied today in the following case.

99-1376. Sue Burke v. Kenneth Elmore et al., from Sebastian Circuit, Greenwood District.

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

00-502. Glynda Caldwell and Arley Caldwell v. Allenfarm, Inc., from Benton

Circuit. Brown, J., not participating.

00-503. Felicia Wood and Ruth Carolyn Wood v. West Tree Service, from Workers' Compensation Commission.

00-509. Rita C. Epperson and Bennie F. Epperson v. Progressive Casualty Insurance Company, from Johnson Circuit.

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99-1249. Newcourt Financial, Inc. et al. v. Canal Insurance Company, from Crawford Circuit. Appellant's motion for attorney's fees and costs is granted. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR00-452. Arkansas Public Defender Commission v. Honorable John Fogleman, Judge, from Greene Circuit. Petition for writ of certiorari. To be submitted as a case. Corbin, J., not participating.

CR00-452. Arkansas Public Defender Commission v. Honorable John Fogleman, Judge, from Greene Circuit. Motion of Daniel T. Stidham to intervene is granted. Corbin, J., not participating.

CR00-336. Stephen W. Miller and Janette Elaine Miller v. State of Arkansas, from Washington Circuit. Appellants' motion to file supplemental brief is granted.

CR00-528. Don William Davis v. State of Arkansas, from Benton Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-528. Don William Davis v. State of Arkansas, from Benton Circuit. Motion for substitution of appointed counsel is denied.

00-310. Michael D. Cooper v. Hiland Dairy, from Workers' Compensation Commission. Appellant's motion for attorney's fees is granted. Attorney to submit affidavit.

00-521. Menard, Inc. v. Honorable John C. Ward, Judge and Windsor Door, Inc., from Pulaski Circuit, Third Division. Petition for writ of prohibition is denied without prejudice.

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 is denied.

99-669. Henry Frank et al. v. Roger Barker et al., from Saline Circuit. Appellants' motion to expedite review of motion to supplement the record is granted. Glaze, J., not participating.

99-669. Henry Frank et al. v. Roger Barker et al., from Saline Circuit. Appellants' motion to supplement the record is denied. Glaze, J., not participating.

00-539. James F. "J.F" Valley v. Honorable David Bogard, from Pulaski Circuit, Sixth Division. Supplemental petition for reconsideration and request for stay is denied. (Proceedings of May 19, 2000)

99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Appellees' motion for leave to substitute table of authorities is granted. Thornton and Smith, JJ., not participating.

00-264. Richard Kimberly v. Office of Professional Programs, an Original Action. Case dismissed for failure to file briefs.

CR99-930. John Kelley a/k/a John Kenneth Kelly v. State of Arkansas, from Grant Circuit. Pro se motion to dismiss appeal without prejudice. Motion to dismiss appeal denied; final extension of brief time granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-952. Walter Mackintrush v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion to file substituted brief granted; pro se motion to file belated reply brief moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1289. Arthur Blount, Jr. v. State of Arkansas, from Washington Circuit. Pro se motion to reinstate appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1305. Ricky Maier v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for trial transcript denied; pro se motion for extension of brief time granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-210. Russell J. Berger v. State of Arkansas, from Faulkner Circuit. Pro se motion to relieve counsel denied; pro se motion for extension of time to file brief moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

99-1326. James H. Guss v. State of Arkansas, from Jefferson Circuit. Pro se motion to stay mandate. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Michael A. Beltrani, Arkansas Bar ID #94071. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Judicial Discipline and Disability Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In accordance with Amendment 66 of the Constitution of Arkansas and Act 637 of l989, the Court appoints the Honorable William Storey, Circuit Judge, of Fayetteville to the Arkansas Judicial Discipline and Disability Commission for a six-year term to expire on June 30, 2006. Judge Storey replaces the Honorable Rice Van Ausdall of Harrisburg, whose term has expired. The Court expresses its gratitude to Judge Van Ausdall for his dedicated and faithful service as a member of the Commission, and thanks Judge Storey for accepting appointment to this most important Commission.

The Court reappoints the Honorable Olly Neal and the Honorable John Plegge to their alternate positions on the Commission for six-year terms to expire on June 30, 2006. The Court thanks Judge Neal and Judge Plegge for accepting reappointment.

PETITION FOR REHEARING:

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit.

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CR00-453. Charles Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for discovery.

CR00-551. Arley David Mathis v. State of Arkansas, from White Circuit. Motion for rule on the clerk.

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Motion of the Arkansas Trial Lawyers Association to file amicus curiae brief in support of appellee's petition for rehearing.

99-1332. Arkansas County v. Desha County and Arkansas Electric Cooperative Corporation, from Arkansas Chancery, Southern District. Appellee's motion to strike brief of Arkansas Public Service Commission.

99-1428. Carolyn Robinson v. Jerry Taylor, Mayor of Pine Bluff, from Jefferson Circuit. Appellee's motion to file belated brief.

99-1458. Milberg Weiss Bershad Hynes & Lerach et al. v. The American Tobacco Company et al., from Pulaski Chancery, Sixth Division. Appellee's motion to dismiss appeal of appellant Milberg Weiss Bershad Hynes & Lerach.

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Appellant's motion to file supplemental brief.

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Appellee's motion to file supplemental brief.

00-574. Fred Guy Monaco II v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to proceed in forma pauperis.

99-732. Renate Hapney v. Rheem Manufacturing Company, from Workers' Compensation Commission. Argued orally.

99-800. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Argued orally.

CR99-1349. Elizabeth Diane Hagar v. State of Arkansas, from Lawrence Circuit.

CR99-1513. Donnie Bisbee v. State of Arkansas, from Saline Circuit.

99-923. Gibson Appliance Company, A Division of White Consolidated Industries, Inc. v. Nationwide Insurance Company et al., from Pulaski Circuit, Second Division.

99-994. Donnie R. Reed et ux. v. Arkansas State Highway Commission, from Randolph Circuit.