ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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341 Ark.

Opinions delivered
June 22, 2000


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Chenowith v. State (Per Curiam) CR98-1475

Criminal procedure -- Speedy trial; 25- and 116-day periods excludable without written order; trial strategy & tactics are not grounds for finding of ineffective assistance of counsel; circuit court's finding affirmed. [HTML, WP5.1]

Golden v. State (Arnold, C.J.) 99-572

Substituted opinion delivered July 13, 2000, appears in syllabus that date. [HTML, WP5.1]

Harold Ives Trucking Co. v. Pro Transp., Inc. (Per Curiam) 00-623

Judgment -- Order final for purposes of appeal; notice of appeal must be timely; record insufficient to determine whether notice of appeal timely; supreme court without jurisdiction. [HTML, WP5.1]

Hunter v. State (Glaze, J.) 00-148

Evidence -- Conviction supported by substantial evidence; denial of motion for directed verdict affirmed; victim-impact evidence not intended for use in juvenile proceedings; ruling allowing victim-impact evidence in error; error insufficient to mandate reversal. [HTML, WP5.1]

Koonce v. Mitchell (Thornton, J.) 99-650

Property -- Adverse possession; applicable statute not complied with; subject-matter jurisdiction lacking; reversed & dismissed. [HTML, WP5.1]

Langston v. State (Per Curiam) CR00-401

Attorney & client -- Failure to perfect appeal; partial record must be filed in case of indigent; attorney not relieved by trial court may not abandon appeal; criminal defendant will not be penalized for counsel's failure to follow appellate rules. [HTML, WP5.1]

Pemberton v. State (Per Curiam) CR00-639

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

Ragsdale v. State (Per Curiam) CR00-704

Criminal procedure -- Direct appeal of conviction is matter of right; right not extinguished by attorneys' failure to follow rules; client clearly desired to appeal; matter remanded for evidentiary hearing. [HTML, WP5.1]

SEECO, Inc. v. Hales (Brown, J.) 99-800

Substituted opinion delivered July 13, 2000, appears in syllabus that date. [HTML, WP5.1]

Spillers v. State (Per Curiam) CR00-616

Motions -- Disposition motion for belated appeal required findings of fact; matter remanded. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTERS

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

OPINION NOT DESIGNATED FOR PUBLICATION

Burrell v. State, CR 93-113 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk dismissed June 22, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

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

99-572. Andrew Douglas Golden v. State of Arkansas, from Craighead Chancery. Reversed and Remanded in Part. Affirmed in Part. Smith, J., dissents. (7 PAGES + 4-PAGE DISSENT PUBLISHED) Substituted opinion delivered July 13, 2000, appears in syllabus that date. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-148. Tillman Hunter, Jr. v. State of Arkansas, from Sevier Chancery, Juvenile Division. Affirmed as Modified. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-800. SEECO, Inc., Arkansas Western Gas Company, and Southwestern Energy Company v. Allen Hales, Mary Nelle Hales, Robert G. Jeffers, David P. Taylor, and Taylor Family Limited Partnership "A", from Sebastian Circuit, Fort Smith, District. Affirmed. Special Associate Justice Noyl Houston joins. Corbin, J., and Special Associate Justice Sam Laser concur. Thornton and Smith, JJ., not participating. (46 PAGES + 2-PAGE CONCURRENCE PUBLISHED) Substituted opinion delivered July 13, 2000, appears in syllabus that date. [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-650. Mary Ellen Koonce v. William D. Mitchell and Delores Mitchell, Husband and Wife, and Norris Surratt, from Conway Chancery. Reversed and Dismissed. Glaze and Brown, JJ., concur. Imber and Smith, JJ., dissent. (4 PAGES + 2-PAGE CONCURRENCE + 1-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1475. Phillip Todd Chenowith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

99-1123. Arkansas Transit Homes, Inc. v. Aetna Life & Casualty, from Pulaski Circuit, Third Division.

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

00-604. Annalee H. Patterson v. Arkansas Department of Health et al., from Workers' Compensation Commission.

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REVIEW DENIED: Petition for review was denied today in the following case.

00-571. Terry Tidwell McGraw v. Arkansas Delivery Services, Inc., from Workers' Compensation Commission.

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CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Motion and request for belated appeal and evidentiary hearing. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-623. Harold Ives Trucking Company v. Pro Transportation, Inc., Larry Cole, Michelle Loggins, Angel Caratachea, Carl Veteto, Edna Morris, and Jeff Esry, from Pulaski Circuit, Sixth Division. Motion of appellees, Pro Transportation, Inc. and Jeff Esry, to dismiss appeal. Motion to dismiss appeal granted in part and denied in part. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR00-203. Robert A. Peters v. State of Arkansas, from St. Francis Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

CR00-639. Johnny Pemberton v. State of Arkansas, from Drew Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion to reconsider granting of petition for review is denied.

00-460. Sue Ann Grotts et al. v. Department of Human Services, from Washington Chancery. Motion for rule on the clerk is denied.

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 is granted.

00-657. Michael McCoy v. Garland County Chancery Court, from Garland Chancery and Saline Chancery. Petition for writ of prohibition and writ of certiorari. Denied without prejudice.

CR93-113. Ronald Burrell v. State of Arkansas, from Jefferson Circuit. Pro se motion for reconsideration of motion for rule on clerk. Motion for reconsideration dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-401. Sheri Lynn Langston a/k/a Sheri Lynn Smith v. State of Arkansas, from Union Circuit. Pro se motions for belated appeal of judgment and for appointment of counsel. Motions granted. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit. Pro se motion for belated appeal of judgment. Remanded. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Robert Fuller Meurer, Arkansas Bar ID #85108. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

00-485. Bobby Roberts et al. v. Sharon Priest, Secretary of State, an Original Action. Intervenor's request for oral argument is denied. (Proceedings of June 21, 2000)

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR98-1222. Steven Anthony Sera v. State of Arkansas, from Bradley Circuit.

CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit.

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

99-1115. Jeanne B. Norris v. State Farm Fire & Casualty Company, from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

CR00-664. Josh Vanesch v. State of Arkansas, from Van Buren Circuit.

00-646. Sue M. Knott and William B. Knott v. Alan Tooraen, from Montgomery Chancery.

00-686. Vincent Maxwell v. State of Arkansas' Child Support Enforcement Unit, from Jefferson Chancery.

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CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit. Motion to supplement the record and stay briefing schedule.

CR00-476. Daniel W. Johnson v. State of Arkansas, from Saline Circuit. Appellee's motion to file supplemental brief.

CR00-476. Daniel W. Johnson v. State of Arkansas, from Saline Circuit. Appellant's motion to file supplemental brief.

CR00-677. Gregory Donald v. State of Arkansas, from Ashley Circuit. Motion to file belated appeal.

99-1316. Nora Harris v. City of Little Rock, from Pulaski Chancery, First Division. Appellee's motion to advance appeal on the docket.

99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Laroy Jaynes, Deceased, from Faulkner Probate. Appellee's motion to stay briefing schedule.

99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Laroy Jaynes, Deceased, from Faulkner Probate. Appellee's motion to dismiss appeals.

99-1414. City of Dover et al. v. A.G. Barton et al., from Pope Chancery. Appellee's motion to strike portions of appellant's reply brief.

00-41. Darryl Robert Frances, Sr. v. Darryl Robert Francis, II et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to dismiss cross-appeal.

00-495. Keith Gregson and Kevin King v. Michael Huckabee, Governor et al., from Pulaski Circuit, Seventh Division. Appellant's motion to consolidate cases on appeal.

00-495. Keith Gregson and Kevin King v. Michael Huckabee, Governor et al., from Pulaski Circuit, Seventh Division. Appellants' motion for recusal of the court.

00-495. Keith Gregson and Kevin King v. Michael Huckabee, Governor et al., from Pulaski Circuit, Seventh Division. Appellants' motion for expedited consideration on appeal.

CACR98-1073. Mac E. Stephens v. State of Arkansas, from Van Buren Circuit. Appellant's motion to transfer to Arkansas Supreme Court.

CACR98-1073. Mac E. Stephens v. State of Arkansas, from Van Buren Circuit. Appellant's motion for oral argument.

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit. Motion for attorney's fees and expenses.

CACR99-1340. James A. Jackson v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for attorney's fees and expenses.

CA99-1366. Phillip Aka v. Jefferson Hospital Association, Inc. d/b/a Jefferson Regional Medical Center et al., from Jefferson Circuit. Motion of Arkansas Right to Life, Inc. to file amicus curiae brief.

CA99-1366. Phillip Aka v. Jefferson Hospital Association, Inc., d/b/a Jefferson Regional Medical Center et al., from Jefferson Circuit. Motion of the Arkansas Trial Lawyers Association for permission to file amicus curiae brief in support of appellant.

CA99-1366. Phillip Aka v. Jefferson Hospital Association, Inc., d/b/a Jefferson Regional Medical Center et al., from Jefferson Circuit. Appellant's motion to file enlarged brief.

SUBMISSIONS

99-822. Burford Distributing, Inc. et al. v. Danny Starr, from Sebastian Circuit, Fort Smith District. Argued orally.

99-1009. Charles Amant et al. v. George M. Callahan, from Garland Circuit. Argued orally.

00-485. Bobby Roberts et al. v. Sharon Priest, Secretary of State, an Original Action. Argued orally.

CR99-1102. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division.

99-1021. St. Paul Fire & Marine Insurance Company v. First Bank of Arkansas, from White Circuit.

99-1361. Mabel King v. J. W. Carney, M. D., from Jackson Circuit.

99-1396. Marilyn K. Wallace as Executrix of the Estate of Carrie Floy Rickett, Deceased v. David Hale, from Pulaski Circuit, Second Division.

00-641. Arkansas Democrat Gazette et al. v. Honorable Stacey Zimmerman, Judge, from Washington Chancery.