ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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342 Ark.

Opinions delivered
September 14, 2000
September 15, 2000


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Opinions delivered
September 14, 2000

Bolton v. State (Per Curiam) CR00-881

Appeal & error -- Motion to be relieved as attorney for appellant; granted. [HTML, WP5.1]

Chapman v. State (Per Curiam) CR00-795

Appeal & error -- Motion to be relieved as attorney for appellant; granted. [HTML, WP5.1]

Craft v. State (Per Curiam) CR00-829

Appeal & error -- Motion to be relieved as attorney for appellant; granted. [HTML, WP5.1]

Flowers v. State (Imber, J.) CR99-1497

Criminal law -- Capital-felony murder; sufficient evidence for jury to find appellant committed underlying felony of attempted robbery; State presented sufficient evidence to corroborate testimony of accomplices; sufficient evidence for jury to find victim was killed under circumstances manifesting extreme indifference. [HTML, WP5.1]

Hapney v. Rheem Mfg. Co. (Glaze, J.) 99-732

Workers' compensation -- Terms "back," "neck," & "spine" distinguished; gradual-onset exception for back injuries only; Commission properly rejected appellant's argument that she sustained compensable back injury under Ark. Code Ann. § 11-9-102(4)(A)(ii)(b); appellant's movements qualified as rapid-repetitive motion; appellant's injury compensable; Commission's denial of benefits reversed. [HTML, WP5.1]

Howard v. State (Per Curiam) CR00-976

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

Hughes v. State (Per Curiam) 00-964

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

Langston v. State (Per Curiam) CR00-401

Appeal & error -- Petition for writ of certiorari; granted. [HTML, WP5.1]

McFerrin v. State (Per Curiam) CR00-922

Appeal & error -- Motion to be relieved as attorney for appellant; granted. [HTML, WP5.1]

Noel v. State (Corbin, J.) CR99-738

Attorney & client -- Ineffective-assistance claim; counsel was not ineffective for failing to present false alibi testimony; decision whether or not to call witness is matter of trial strategy; Counsel's decision not to request finds for expert testimony did not amount to denial of effective assistance. [HTML, WP5.1]

Sanford v. State (Glaze, J.) CR99-1057

Criminal procedure -- Postconviction relief under Ark. R. Crim. P. 37; review of alleged trial errors inappropriate; evidence appropriately considered evidence on mental retardation; ineffective assistance of counsel in sentencing phase of capital trial; counsel's failure to investigate and present potentially mitigating evidence resulted in reversal and remand for resentencing. [HTML, WP5.1]

Thiel v. Priest (Per Curiam) 00-1041

Appeal & error -- Motion to expedite; granted. [HTML, WP5.1]

Williams v. State (Per Curiam) CR99-1221

Contempt -- Contempt order issued. [HTML, WP5.1]

Opinion delivered
September 15, 2000

Willis v. Circuit Court of Phillips County (Per Curiam) 00-1033

Motions -- Emergency relief; temporary stay granted. [HTML, WP5.1]

APPENDIX

In Re: Appointment of Counsel in Criminal Cases (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Brown v. Post Prison Transf. Bd., 00-21 (Per Curiam), Pro Se Motions to Stay Appeal, for Appointment of Counsel, and for Relief from Certain Conduct of the Arkansas Department of Correction denied; Extension of Time to File Appellant's Brief granted September 14, 2000. [HTML, WP5.1]

Fegans v. Norris, 99-161 (Per Curiam), affirmed September 14, 2000. [HTML, WP5.1]

Heard v. Norris, 98-1120 (Per Curiam),affirmed September 14, 2000. [HTML, WP5.1]

Hicks v. State, CR 99-871 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied September 14, 2000. [HTML, WP5.1]

Kent v. State, CR 00-100 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed September 14, 2000. [HTML, WP5.1]

Lacy v. State, CR 00-441 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order denied and appeal dismissed September 14, 2000. [HTML, WP5.1]

Pate v. State, CR 00-484 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied September 14, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

TOM GLAZE, JUSTICE:

CR99-1057. Damond Sanford v. State of Arkansas, from Chicot Circuit. Affirmed in Part and Reversed and Remanded in Part for Resentencing. (12 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-738. Riley Dobi Noel v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-1497. Brandon Flowers v. State of Arkansas, from Jefferson Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

99-161. Michael J. Fegans v. Larry Norris, Director, Arkansas Department of Correction et al., from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1120. Ollis Heard v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING GRANTED IN PART AND DENIED IN PART: Petition for rehearing was granted in part and denied in part today in the following case.

99-732. Renate Hapney v. Rheem Manufacturing Company, from Workers' Compensation Commission. Granted in Part, Denied in Part, Court of Appeals Reversed, Commission Reversed and Remanded. See opinion this date. Corbin and Thornton, JJ., dissent in part and concur in part. (7 PAGES + 4-PAGE DISSENT/CONCURRENCE PUBLISHED) [HTML, WP5.1]

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

00-830. Forrest Construction, Inc. v. John and Claudia Milam et al., from Sebastian Chancery.

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

00-832. Trimble Navigation Limited v. Mid-South Aviation, from Crittenden Circuit.

00-861. Estate of Virginia McKasson v. Harvey N. Hamric, from Lonoke Chancery.

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CR97-402. Rodney Maurice Raglin v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Kelly M. Pace to be relieved as appointed counsel is denied.

CR00-401. Sheri Lynn Langston a/k/a Sheri Lynn Smith v. State of Arkansas, from Union Circuit. Petition for writ of certiorari is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-829. Richard Craft v. State of Arkansas, from Greene Circuit. Motion to be relieved as attorney for appellant is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR99-1221. Frank Williams, Jr. v. State of Arkansas, from Lafayette Circuit. Contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-881. Charles Ray Bolton v. State of Arkansas, from Greene Circuit. Motion to be relieved as attorney for appellant is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-922. Carlos McFerrin v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion to be relieved as attorney for appellant is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

00-964. Anthony O'Neil Hughes v. State of Arkansas, from Montgomery Chancery. Motion for rule on the clerk is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-795. David Kelly Chapman v. State of Arkansas, from Cleburne Circuit. Motion to be relieved as attorney for appellant is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-976. Jessie James Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-994. Richard Myatt v. State of Arkansas, from Lonoke Circuit. Petition for writ of prohibition. Denied without prejudice.

99-1458. Niblock Law Firm et al. v. The American Tobacco Company, from Pulaski Chancery, Sixth Division. Motion to reschedule oral argument is denied.

00-809. Iona Christopher v. Tyson Foods, Inc., from Workers' Compensation Commission. Appellant's motion to dismiss petition for review is granted.

CA00-669. City of Cave Springs v. City of Rogers, from Hot Spring Circuit. Motion of City of Rockport to file amici curiae briefs is denied.

00-1041. Brenda Thiel, President of the League of Women Voters v. Sharon Priest, Secretary of State, from Pulaski Circuit, Seventh Division. Motion to expedite is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR99-871. Jeffrey Hicks v. State of Arkansas, from Saline Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-100. Parker Allen Kent v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-441. Corey M. Lacy v. State of Arkansas, from Clark Circuit. Pro se motion for rule on clerk to proceed with belated appeal of order. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-484. Harold W. Pate v. State of Arkansas, from Miller Circuit. 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. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-21. Elizabeth Gammon Brown v. Post Prison Transfer Board et al., from Pulaski Circuit, Fifth Division. Pro se motions to stay appeal, for appointment of counsel, and for relief from certain conduct of the Arkansas Department of Correction. Motions denied; extension of time to file appellant's brief granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointment of Counsel in Criminal Cases. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Because appellants in criminal cases are entitled to counsel on direct appeal from a judgment of conviction, this Court on occasion must appoint attorneys to represent indigent appellants. Attorneys who are desirous of such appointments should register with Sue Newbery, Criminal Justice Coordinator, Arkansas Supreme Court, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201. Counsel will be paid a fee after determination of the case, upon a proper motion.

MOTIONS SUBMITTED

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to supplement the abstract.

CR00-877. Stephen F. Taylor v. State of Arkansas, from White Circuit. Motion to include the record from previous appeal in the present record and for extension of time to file appellant's abstract and brief.

99-191. Anita June Chamberlin v. State Farm Mutual Automobile Insurance Company, from Pulaski Circuit, Third Division. Appellant's motion for disqualification.

99-1515. State of Arkansas ex rel. Attorney General Mark Pryor, Arkansas State Game and Fish Commission, and Arkansas Soil and Water Conservation Commission v. Zanone Properties et al., from Crittenden Chancery. Separate appellants' joint motion for additional time for argument and addition of party attorney under Rule 5-1.

00-991. City of Lowell v. City of Rogers et al., from Benton Circuit. Appellant's motion to consolidate with CA00-669 or, in the alternative, motion to file amicus curiae brief.

00-997. Scott Arnold and Mary Arnold v. Honorable Jim D. Spears, Judge et al., from Sebastian Chancery, Fort Smith District. Motion for temporary stay pending consideration of petition for writ of certiorari and writ of prohibition.

CA00-317. Sheila Wagnon d/b/a Ouachita Valley Nursing Center v. Arkansas Health Services Agency et al., from Pulaski Circuit, Third Division. Appellant's motion to certify to the Supreme Court.

SUBMISSIONS

99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District. Argued orally.

99-1398. Showmethemoney Check Cashers, Inc. v. Wanda Williams and Sharon McGhee, from Clark Circuit. Argued orally.

CR98-1073. Mack E. Stephens v. State of Arkansas, from Van Buren Circuit.

CR99-1192. David Carroll Goodwin v. State of Arkansas, from Izard Circuit.

CR99-1246. James Richard Halford v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR99-1269. Danny Ray Woods v. State of Arkansas, from Jefferson Circuit.

CR00-19. Raymond Clinton Marshall v. State of Arkansas, from Pulaski Circuit, First Division.