Arkansas Democrat-Gazette v. Zimmerman (Brown, J.) 00-641

Constitutional law -- Prior restraint of press; no overriding state interest to justify restraining media from taking additional photographs of juvenile where name & photograph had already been published; judge directed to address category of "families" more specifically; gag order too pervasive with respect to "public places"; judge's order constituted prior restraint of press. [HTML, WP5.1]

Davis v. Old Dominion Freight Line, Inc. (Arnold, C.J.) 00-193

Workers' compensation -- Independent intervening cause; Commission's decision reversed & remanded for failure to apply correct legal standard. [HTML, WP5.1]

Donald v. State (Per Curiam) CR00-677

Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

Fudge v. State (Glaze, J.) CR99-1102

Evidence -- Appellant clearly guilty of greater offense; refusal to give instruction on lesser offense not error; excited utterance allowed; no abuse of discretion found; victim-impact evidence found relevant in capital sentencing procedure. [HTML, WP5.1]

Rudd v. Pulaski County Special Sch. Dist. (Thornton, J.) 00-128

Civil rights -- Felons in custody; duty to protect third persons from injury; duty of protection; student not state actor; school had no duty to protect student from violent acts of another student; Arkansas Civil Rights Act not violated. [HTML, WP5.1]

Walls v. State (Brown, J.) CR99-1267

Judges -- Code of Judicial Conduct violated; recusal; no bias shown in resentencing; no abuse of discretion in judge's declining to recuse. [HTML, WP5.1]

PROFESSIONAL CONDUCT MATTERS

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

Helms v. State, CR 00-408 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied June 29, 2000. [HTML, WP5.1]

Johnson v. Burnett, CR 00-554 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 29, 2000. [HTML, WP5.1]

Nichols v. State, CA CR 99-354 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied June 29, 2000. [HTML, WP5.1]

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

00-193. Randy Davis v. Old Dominion Freight Line, Inc., from Arkansas Workers' Compensation Commission. Reversed and Remanded. Arkansas Court of Appeals Affirmed. Glaze and Smith, JJ., dissent. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR99-1102. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR99-1267. Charles A. "Jack" Walls, III v. State of Arkansas, from Lonoke Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

00-641. Arkansas Democrat-Gazette; Arkansas Press Association; Associated Press; KFSM-TV; Morning News of Northwest Arkansas; Northwest Arkansas Times v. Judge Stacey Zimmerman, from Washington Chancery. Petition for Writ of Certiorari Granted. Thornton, J., not participating. (17 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-128. Joe Rudd, Administrator of the Estate of Earl Jameson Routt, Deceased, and Carol Rudd, Holly Welzbacher, and Judson Routt v. Pulaski County Special School District, Margie Davis, Gary Smith, and Gary Parsons, from Pulaski Circuit, Second Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

99-103. Jimmie Wilson v. James A. Neal, from Phillips Circuit.

CR98-1222. Steven Anthony Sera v. State of Arkansas, from Bradley Circuit. Brown and Imber, JJ., would grant.

CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Glaze, J., would grant.

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. Brown, Imber, and Smith, JJ., would grant.

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

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

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

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

00-640. David J. Potter v. Margaret Magee, from Miller Circuit.

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

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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 is denied.

99-103. Jimmie Wilson v. James A. Neal, from Phillips Circuit. Appellant's motion to cite authorities outside of petition is denied.

CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit. Motion to supplement the record and stay briefing schedule is granted. Supplemental record due in thirty days.

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

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

CR00-677. Gregory Donald v. State of Arkansas, from Ashley Circuit. Motion to file belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 is denied.

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. To be submitted with case.

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. To be submitted with case.

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. To be submitted with case.

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 is denied.

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 is denied.

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 is denied.

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

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

CACR99-400. Roosevelt Blueford v. State of Arkansas, from Drew Circuit. Motion for attorney's fees and expenses is denied. See Boston v. State, 341 Ark. , S.W.3d (May 18, 2000).

CACR99-1340. James A. Jackson v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for attorney's fees and expenses is denied. See Boston v. State, 341 Ark. , S.W.3d (May 18, 2000).

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 is granted. Smith, J., not participating.

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 is granted. Smith, J., not participating.

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 is granted. Smith, J., not participating.

CA00-334. George L. Seay, Sr. and James Irby Seay, Jr. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District. Appellees' motions to dismiss appeal and motion for extension of brief time. To be submitted as a case.

00-310. Hiland Dairy v. Michael Cooper, from Workers' Compensation Commission. Affidavit from Lawrence W. Fitting for attorney's fees. Granted $208.10 attorney's fee and expense.

CR00-408. R. B. Helms v. State of Arkansas, from Sebastian Circuit, Greenwood District. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-554. Clyde Johnson v. Honorable David Burnett, Judge, from Crittenden Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR99-354. Billy Mack Nichols v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR00-532. Randy Wayne Mangrum v. State of Arkansas, from Greene Circuit.

CR00-630. James Rasco, Jr. v. State of Arkansas, from White Circuit.

CR00-713. Michael Gault v. State of Arkansas, from Pulaski Circuit, Fourth Division.

00-636. Gerald Johnston and Bebe Dare Johnston v. Glen Curtis and Deanna Curtis, from Lonoke Circuit.

00-662. Jack Estridge v. Waste Management, from Workers' Compensation Commission.

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CR99-1367. Barry L. Wallace v. State of Arkansas, from Crittenden Circuit. Appellant's motion to file supplemental abstract and brief.

CR00-210. Russell Berger v. State of Arkansas, from Faulkner Circuit. Motion of Kenneth G. Fuchs to withdraw as counsel for appellant.

CR00-215. Tyrone Duncan v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record and stay briefing schedule.

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the record.

CR00-708. James Hutts v. State of Arkansas, from Yell Circuit, Northern District. Motion for rule on the clerk.

00-666. Jim Parsons, Individually v. James A. Neal et al., an Original Action. Petition for writ of mandamus.

00-666. Jim Parsons, Individually v. James A. Neal et al., an Original Action. Joint motion to dismiss petition for writ of mandamus without prejudice.

99-912. BPS, Inc. et al. v. Clarence Richardson et al., from Phillips Circuit. Argued orally.

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Argued orally.

CR99-1218. Ricky L. Crisp v. State of Arkansas, from Benton Circuit.

99-957. Anthony Johnson et ux. v. Melissa Joyce Tompkins et al., from Saline Probate.

99-1233. Scott Tate et ux. v. Jo Bennett, from Randolph Circuit.

00-61. Donna Stephens et al. v. Arkansas School for the Blind et al., from Pulaski Chancery, Fifth Division.

00-230. Jannetta L. Fuqua et al. v. Dan Flowers et al., from Pulaski Circuit, Seventh Division.

00-342. Michael Crudup v. Regal Ware, Inc., from Workers' Compensation Commission.