Opinions delivered
June 15, 2000
Beavers v. State (Per Curiam) CR00-615
Appeal & error -- Motion for rule on clerk; denied. [HTML, WP5.1]
Fudge v. State (Per Curiam) CR99-1102
Appeal & error -- Pro se motion to proceed as co-counsel on appeal; denied. [HTML, WP5.1]
Gilbert v. State (Glaze, J.) CR99-1059
Criminal procedure -- Delay applying for or executing warrant; common-sense criteria for determining degrees of evaporation of probable cause also applicable to delay in execution of warrant; warrant not stale before it was executed; motion to suppress properly denied. [HTML, WP5.1]
Hagar v. State (Imber, J.) CR99-1349
Criminal law -- Felony involving use of deadly weapon; jury unanimously recommended punishment; sentencing guidelines inapplicable; appellant's sentence legal. [HTML, WP5.1]
Leathers v. Warmack (Corbin, J.) 00-35
Taxation -- Border-city exemption; chancellor's finding that appellees were residents of border city during period in question affirmed. [HTML, WP5.1]
Meeks v. State (Corbin, J.) CR00-303
Bail -- Pending appeal; not constitutional right; state rules governing criminal procedure applicable; postconviction bail properly denied. [HTML, WP5.1]
State v. Guthrie (Corbin, J.) CR99-1472
Appeal & error -- Appeal by State; State's argument not basis for appeal under Ark.R.App. P.--Crim. 3; no specific Fourth Amendment issues implicated; determination would not set precedent or serve as guide in future prosecutions; State's appeal dismissed. [HTML, WP5.1]
State v. Howard (Smith, J.) CR99-989
Appeal & error -- Appeal by State; not matter of right; not allowed when based on facts of case; dismissed where State did not demonstrate correct and uniform administration of law was involved. [HTML, WP5.1]
Urquhart v. Davis (Per Curiam) 00-282
Courts -- No good cause to justify delay in ruling on petition; writ of mandamus granted. [HTML, WP5.1]
In Re: Supreme Court Committee on the Unauthorized Practice of Law (Per Curiam) [HTML, WP5.1]
Thomas v. State, CR 93-520 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied June 15, 2000. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR99-1059. Samuel Gilbert v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR99-1472. State of Arkansas v. Terry Lynn Guthrie, from Benton Circuit. Appeal Dismissed. Glaze, Imber, and Smith, JJ., dissent. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
CR00-303. John Michael Meeks v. State of Arkansas, from Pope Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]
00-35. Tim Leathers, Commissioner of Revenue and Deputy Director of the Department of Finance and Administration for the State of Arkansas v. Ed and Jane Warmack, from Miller Chancery. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR99-1349. Elizabeth Diane Hagar v. State of Arkansas, from Lawrence Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
CR99-989. State of Arkansas v. Jerry Dean Howard, from Carroll Circuit. Dismissed. Glaze, J., dissents. (10 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
99-637. Louise Maxey v. Tyson Foods, Inc. et al., from Workers' Compensation Commission.
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REVIEWS GRANTED: Petitions for review were granted today in the following cases.
CR00-562. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Arnold, C.J., Corbin and Smith, JJ., would deny.
CR00-564. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Arnold, C.J., Corbin and Smith, JJ., would deny.
CR00-570. George Steven Wilcox v. State of Arkansas, from Pulaski Circuit, Seventh Division. Arnold, C.J., Glaze and Smith, JJ., would deny.
00-593 Ultracuts, Ltd. and Ultracuts Franchises, Inc. v. Wal-Mart Stores, Inc. and Wal-Mart Canada, Inc., from Benton Circuit. Thornton, J., would deny. Corbin, J., not participating.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR00-572. German R. Marroquin v. State of Arkansas, from Benton Circuit.
00-580. Wal-Mart Stores, Inc. v. Deborah Williams, from Workers' Compensation Commission.Corbin, J., not participating.
00-599. Charles H. Johnson v. Georgia-Pacific Corporation, from Workers' Compensation Commission. (appellant)
00-599. Charles H. Johnson v. Georgia Pacific Corporation, from Workers' Compensation Commission. (appellee)
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CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Appellee's motion to supplement the record and stay briefing schedule is granted.
CR99-1221. Frank Williams, Jr. v. State of Arkansas, from Lafayette Circuit. Appellee's motion to remand is granted.
CR00-175. Larry LeClere v. State of Arkansas, from Pulaski Circuit, Second Division. Appellee's petition for review. Moot.
CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk is denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
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 to intervene of John Hoyle, individually and on behalf of Arkansas Taxpayers Rights Association, is granted.
00-618. Arlanda Jacobs v. Honorable Harvey L.Yates, Judge et al., from Phillips Circuit. Petition for writ of prohibition and, in the alternative, petition for writ of certiorari, motion to stay alternatively, a motion to expedite appeal, May 19, 2000 order removing Arlanda Jacobs from ballot. Petition for writ of prohibition, petition for writ of certiorari, and motion to stay May 19, 2000, order removing Arlanda Jacobs from ballot is denied. Motion to expedite appeal is granted. Clerk to set briefing schedule.
CA99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Leroy Jaynes, Deceased, from Faulkner Circuit. Appellant's motion to transfer appeal to the Supreme Court of Arkansas is granted. Arnold, C.J., Glaze and Corbin, JJ., would deny.
CR93-520. Nathaniel Thomas v. State of Arkansas, from Pulaski Circuit, Second Division. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1102. James Charles Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion to proceed as co-counsel on appeal. Motion denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
00-282. Walter Urquhart v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Committee on the Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Hal Kemp, Esq., of Little Rock, Second Congressional District, is appointed to the Supreme Court Committee on the Unauthorized Practice of Law for a three-year term to expire on May 31, 2003.
LeAnne Daniel, Attorney at Law, of Arkadelphia, Fourth Congressional District, and Ms. Sharon Prasse of Little Rock, At-Large Position, are reappointed to the Committee for three-year terms to expire on May 31, 2003.
The Court expresses thanks to Mr. Kemp for accepting appointment and to Ms. Daniel and Ms. Prasse for accepting reappointment to this important Committee.
The Court expresses its appreciation to Henry Hodges, Esq., of Little Rock, whose term has expired, for his dedicated service to the Committee.
PETITIONS FOR REHEARING:
99-103. Jimmie Wilson v. James A. Neal, from Phillips Circuit.
99-1123. Arkansas Transit Homes, Inc. v. Aetna Life & Casualty, from Pulaski Circuit, Third Division.
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PETITIONS FOR REVIEW:
00-571. Terry Tidwell McGraw v. Arkansas Delivery Services, Inc., from Workers' Compensation Commission.
00-604. Annalee H. Patterson v. Arkansas Department of Health et al., from Workers' Compensation Commission.
00-640. David J. Potter v. Margaret Magee, from Miller Circuit.
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CR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Petition for writ of certiorari to complete the record.
CR00-639. Johnny Pemberton v. State of Arkansas, from Drew Circuit. Motion for rule on the clerk.
99-103. Jimmie Wilson v. James A. Neal, from Phillips Circuit. Motion of Lake View School District No. 25 of Phillips County, Arkansas to file amicus curiae brief in support of appellant's petition for rehearing.
99-103. Jimmie Wilson v. James A. Neal, from Phillips Circuit. Appellant's motion to cite authorities outside of petition.
00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion to reconsider granting of petition for review.
00-460. Sue Ann Grotts et al. v. Department of Human Services, from Washington Chancery. Motion for rule on the clerk.
00-480. Shirley Allred et al. v. Bill McLoud et al., from Madison Circuit. Motion of the Association of Arkansas Counties to file an amicus curiae brief.
00-657. Michael McCoy v. Garland County Chancery Court, from Garland Chancery and Saline Chancery. Petition for writ of prohibition and writ of certiorari.
CR99-1267. Charles A. "Jack" Walls, III v. State of Arkansas, from Lonoke Circuit.
CR99-1382. State of Arkansas v. Raphel Jerome Cherry, from Pulaski Circuit, First Division.
CR00-245. State of Arkansas v. Fred Smittie, Jr., from Pulaski Circuit, First Division.
00-148. Tillman Hunter, Jr. v. State of Arkansas, from Sevier Chancery.
00-193. Randy Davis v. Old Dominion Freight Line, Inc., from Workers' Compensation Commission.