Amant v. Callahan (Smith, J.) 99-1009

Probate -- Full faith & credit; orders of court granting payment of fees denied by out-of-state court held clearly erroneous & reversed; case remanded for court to address appropriateness of any additional fee under Ark. Code Ann. § 28-48-208. [HTML, WP5.1]

BPS, Inc. v. Richardson (Thornton, J.) 99-912
Civil procedure -- Class action suit; request made for specific findings & conclusions; order failed to meet mandatory requirements of Ark. R. Civ. P. 23; trial court abused discretion in certifying case for class action statute; reversed & remanded. [HTML, WP5.1]

Buckley v. State (Smith, J.) CR99-1081
Evidence -- Erroneously admitted hearsay admitted in sentencing phase; prejudice found; reversed; jury arguments without merit; denial of mistrial affirmed. [HTML, WP5.1]

Burford Distrib., Inc. v. Starr (Corbin, J.) 99-822
Statutes -- Arkansas Prize Promotion Act not applicable to case; reversed. [HTML, WP5.1]

Crisp v. State (Arnold, C.J.) CR99-1218
Evidence -- Appellant's directed-verdict motion lacked specificity required to challenge second-degree murder charges; no ruling from trial court precluded review; conviction affirmed; State had no right to cross-appeal; dismissal of felony-murder charge affirmed. [HTML, WP5.1]

Crudup v. Regal Ware, Inc. (Imber, J.) 00-342
Workers' compensation -- Recurrence & aggravation of injury; substantial basis for ruling that appellant had failed to prove; physician's medical opinion insufficient to support finding of compensability; Commission's decision displayed substantial basis for denial of benefits. [HTML, WP5.1]

Fuqua v. Flowers (Glaze, J.) 00-230
States -- Sovereign immunity barred suit; motion to dismiss properly granted. [HTML, WP5.1]

Hutts v. State (Per Curiam) CR00-708
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

In Re: Adoption of Tompkins v. Tompkins (Brown, J.) 99-957
Adoption -- Grandparents received proper notice of adoption proceedings; no right to intervention; appellants never had court-ordered visitation rights. [HTML, WP5.1]

King v. Carney (Brown, J.) 99-1361
Civil procedure -- Time limit for service; appellant had right to rely on extension orders; reversed & remanded. [HTML, WP5.1]

May Constr. Co., Inc. v. Thompson (Smith, J.) 00-364
Certiorari, writ of -- When application for prohibition may be treated as one for prohibition; no lack or excess of jurisdiction; arbitration proceedings not erroneous on face of record; petition denied without prejudice. [HTML, WP5.1]

Roberts v. Priest (Imber, J.) 00-485
Taxation -- Popular name & ballot title; "sales tax" language had misleading tendency; original action; thirty-day cure period inapplicable; popular name & ballot title insufficient; petition granted & Secretary of State enjoined from placing proposed measure on ballot. [HTML, WP5.1]

St. Paul Fire & Marine Ins. Co. v. First Bank of Ark. (Thornton, J.) 99-1021
Insurance -- Policy cancellation; notice of termination not received until after accident; trial court affirmed. [HTML, WP5.1]

State v. Cherry (Corbin, J.) CR99-1382
Jury -- Intrajury misconduct; reasonable possibility of prejudice resulted from premature discussions about facts, issues, and evidence; prejudice found; appellee deprived of fair trial and right to fair & impartial jury; no error in trial court's finding of prejudice; no abuse of discretion in trial court's grant of new trial. [HTML, WP5.1]

State v. Smittie (Glaze, J.) CR00-245
Criminal procedure -- Conditioning waiver of right to jury trial on prosecutor's consent not violative of due process; guilty plea allowed over State's objections; reversed & remanded. [HTML, WP5.1]

Stephens v. Arkansas Sch. for the Blind (Corbin, J.) 00-61
Education -- Schools for Blind & Deaf; Board did not exceed authority in eliminating positions & causing appellants to be discharged. [HTML, WP5.1]

Tate v. Bennett (Imber, J.) 99-1233
Adoption -- Grandparent visitation; failure to notify appellee of adoption proceeding did not violate due process; reversed & dismissed. [HTML, WP5.1]

Wallace v. Hale (Arnold, C.J.) 99-1396
Civil procedure -- Appellee properly asserted defenses by reserving objections to personal jurisdiction & insufficiency of service. [HTML, WP5.1]

In Re: Establishment of the Arkansas Lawyer Assistance Program and Adoption of Rule 8.3(d) and (e) of the Model Rules of Professional Conduct (Per Curiam) [HTML, WP5.1]

In Re: Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]

In Re: Committee on Automation (Per Curiam) [HTML, WP5.1]

In Re: Supreme Court Committee on Civil Practice (Per Curiam) [HTML, WP5.1]

Martin v. State, CR 00-60 (Per Curiam), Pro Se Motion for Extension of Time granted; Motions to Supplement Record, for Bill of Particulars, to Compel Department of Correction to Schedule Library Time, and for Appointment of Counsel denied July 7, 2000. [HTML, WP5.1]

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

CR99-1218. Ricky Leon Crisp v. State of Arkansas, from Benton Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

99-1396. Marilyn K. Wallace v. David Hale, from Pulaski Circuit, Second Division. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-245. State of Arkansas v. Fred Smittie, Jr., from Pulaski Circuit, First Division. Reversed and Remanded. Arnold, C.J., and Thornton and Smith, JJ., concur. (3 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

00-230. Jannetta L. Fuqua and Beverly Hayes v. Dan Flowers, Individually, and in his Capacity as Director of the Arkansas State Highway and Transportation Department; Francis Jones, Individually, and in his Official Capacity with the Arkansas State Highway and Transportation Department; and the Arkansas State Highway and Transportation Department, from Pulaski Circuit, Seventh Division. Affirmed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-1382. State of Arkansas v. Raphel Jerome Cherry, from Pulaski Circuit, First Division. Affirmed. Glaze, Imber and Smith, JJ., dissent. (11 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

99-822. Burford Distributing, Inc. v. Danny Starr, from Sebastian Circuit, Fort Smith District. Reversed. Brown and Imber, JJ., dissent. (6 PAGES + 1-PAGE DISSENT + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-61. Donna Stephens and Ray Stewart v. Arkansas School for the Blind; Mark Riable, Houston Nutt, William Payne, Sharon Mazzanti, and Tommy Walker, in their Official and Individual Capacities, from Pulaski Chancery, Fifth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-957. In the Matter of the Adoption of Tyler Davis Tompkins, A Minor; Anthony and Elizabeth Johnson v. Melissa Joyce Tompkins, from Saline Probate. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

99-1361. Mabel King, as the Administrator of the Estate of Bobby King, Deceased, and Individually v. J. W. Carney, M.D.; J. W. Carney, M.D., P.A.; National Healthcare of Newport, Inc., Individually and d/b/a Harris Hospital; and John Does 1-25, from Jackson Circuit. Reversed and Remanded. Glaze, J., concurring in part and dissenting in part. Imber, J., dissents. Smith, J., not participating. (6 PAGES + 2-PAGE CONCURRENCE/DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-1233. Scott Tate and Mary Ennis Tate v. Jo Bennett, from Randolph Circuit. Reversed and Dismissed. (6 PAGES PUBLISHED) [HTML, WP5.1]

00-342. Michael Crudup v. Regal Ware, Inc. and CNA Insurance Company, from Workers' Compensation Commission. Affirmed. Arkansas Court of Appeals Reversed. Glaze, J., not participating. (9 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, John Hoyle, Individually and on Behalf of Arkansas Taxpayers Rights Association, an Original Action Petition. Petition Granted. Smith, J., concurs. (15 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-912. BPS Inc. and Micro Flo Company v. Clarence Richardson, Sylvester King, Vickie Sheppard, and Palestine Fitzgerald et al., from Phillips Circuit. Reversed and Remanded. Glaze, J., concurs. (18 PAGES PUBLISHED) [HTML, WP5.1]

99-1021. St. Paul Fire & Marine Insurance Company v. First Bank of Arkansas, Personal Representative of the Estates of Cody Patrick Lane, Deceased, and Steven Frank Seitz, Deceased, from White Circuit. Appeal Affirmed; Cross-Appeal Affirmed. Brown, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-1081. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Reversed and Remanded. Arnold, C.J., not participating. (17 PAGES PUBLISHED) [HTML, WP5.1]

99-1009. Charles Amant v. George M. Callahan, from Garland Circuit. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Petition Denied. Glaze, J., concurs. Brown, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

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.

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

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

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

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the record. Granted 30 days.

CR00-708. James Hutts v. State of Arkansas, from Yell Circuit, Northern District. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 is granted.

CACR00-506. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to transfer to Supreme Court is denied. Corbin, Brown, and Thornton, JJ., would grant.

CACR00-506. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of prohibition is denied.

00-364. May Construction Company, Inc. v. Honorable Morris Thompson, Judge, from Pulaski Circuit, Fifth Division. Respondent's motion to supplement the record. Moot.

CR00-60. Lawrence Martin v. State of Arkansas, from Pulaski Circuit. Pro se motions for extension of time granted; motions to supplement record, for bill of particulars, to compel Department of Correction to schedule library time, and for appointment of counsel denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Establishment of the Arkansas Lawyer Assistance Program and Adoption of Rule 8.3(d) and (e) of the Model Rules of Professional Conduct. See per curiam this date. (14 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Board of Certified Court Reporter Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Tom Smitherman of Hot Springs, the Honorable Robert McCorkindale, II, of Harrison, and Ms. Joyce Helms of Arkadelphia are reappointed to our Board of Certified Court Reporter Examiners. Each term is for three years and expires on July 31, 2003.

The Court expresses its gratitude to Judges Smitherman and McCorkindale and Ms. Helms for accepting reappointment to this important Board.

In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

James McCormick is appointed to the Committee on Automation for a three (3) year term ending July 1, 2003. Judge Barry Sims is appointed to the Committee on Automation for a three (3) year term ending July 1, 2003. Carol Ray is appointed to the Committee on Automation for a three (3) year term ending July 1, 2003.

The Court thanks James McCormick, Judge Barry Sims, and Carol Ray for accepting appointment to this Board.

In Re: Supreme Court Committee on Civil Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable John Ward, Circuit Judge, of Little Rock is reappointed as Chair of the Committee on Civil Practice for a three-year term to expire on July 31, 2003. Also reappointed to the Committee are the Honorable Andree Roaf, Court of Appeals, of Pine Bluff, Ms. Scotty Shively, Attorney at Law, of Little Rock, Mr. Russell Berry, Esq. Of DeWitt, and Mr. D. P. Marshall, Esq., of Jonesboro. All of these terms are for three years to expire on July 31, 2003.

The Court expresses its appreciation to all of these members for their valuable service to this important Committee and for their willingness to continue their service.

PETITIONS FOR REHEARING:

99-572. Andrew Douglas Golden v. State of Arkansas, from Craighead Chancery, Western District.

99-707. Timothy Davis Fox et al. v. Green Bay Packing, from Pulaski Chancery, Fifth Division.

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

00-130. Charles Frances v. Gaylord Container Corporation, from Workers' Compensation Commission.

*****************************

PETITIONS FOR REVIEW:

00-631. MDH Builders, Inc. v. Nabholz Construction Corp., from Pulaski Chancery, Sixth Division.

00-663. Kimberly L. Vann (Dill) v. Richard M. Cook, from Lonoke Circuit.

00-687. Cheryl Downing v. University of Arkansas, from Workers' Compensation Commission.

00-688. Mary Goolsby v. Death & Permanent Total Disabiltiy, from Workers' Compensation Commission.

00-723. Richard Dale Smith v. Association Hot Springs Village Property Owners, from Workers' Compensation Commission.

00-725. Molly M. Howell v. Scroll Technologies, from Workers' Compensation Commission.

00-727. James D. Pizzimenti v. AAA Storage Center, Inc., from Workers' Compensation Commission.

00-752. Herbert Brake v. The Kroger Company, Inc., from Workers' Compensation Commission.

*****************************

CR99-618. State of Arkansas v. Gregory R. Larimore, from Crittenden Circuit. Appellee's motion to release and retain exhibits.

CR00-31. Willard Mann v. State of Arkansas, from Cleburne Circuit. Appellee's motion to dismiss appeal.

CR00-64. Rodolfo Sanchez v. State of Arkansas, from Sevier Circuit. Appellee's motion to dismiss appeal.

CR00-123. Nelson Garth v. State of Arkansas, from Drew Circuit. Appellee's motion to dismiss appeal and alternative motion to stay the briefing schedule.

CR00-529. Demetrus Butler v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CR00-562. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file supplemental brief.

CR00-562. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to file supplemental brief.

CR00-564. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file supplemental brief.

CR00-564. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to file supplemental brief.

CR00-758. Marcus Threadgill v. State of Arkansas, from Miller Circuit. Motion for rule on the clerk.

99-1428. Carolyn Robinson v. Jerry Taylor, Mayor of Pine Bluff, from Jefferson Circuit. Appellant's motion for oral argument.

00-499. Fred Duvall et al. v. Dale Lynch, County Judge, from Van Buren Circuit. Appellee's motion to dismiss appeal.

00-567. Pervis Michael Redden v. Supreme Court Committee on Professional Conduct, from Pulaski Circuit, Third Division. Appellant's motion to dismiss appeal.

00-593. Ultracuts Ltd. et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellant's motion to file supplemental brief.

00-593. Ultracuts Ltd. et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion to file supplemental brief.