Opinions delivered
September 21, 2000
September 22, 2000
Arnett v. State (Brown, J.) CR99-1442
Criminal law -- Capital-felony murder; not necessary that it be shown that defendant had active part in killing; substantial evidence t convict appellant; reasonable person would not have believed she was under arrest in another state; trial court correctly denied motion to dismiss statements based on underlying illegal arrest; appellant's confession not reasonably related to delay. [HTML, WP5.1]
Burmingham v. State (Thornton, J.) CR99-678
Criminal procedure -- Indigency determination; finding that appellant was not indigent affirmed; trial court did not err in permitting expert to testify that appellant was source of DNA material on swab; no abuse of discretion in allowing other rape victim to testify; no abuse of discretion in excluding evidence of other similar crimes. [HTML, WP5.1]
Halford v. State (Brown, J.) CR99-1246
Evidence -- Photographs showed extent of victim's wounds; relevant to show intent; challenge to exclusion of testimony; appellant failed to make required proffer of witness's testimony. [HTML, WP5.1]
Kurrus v. Priest (Per Curiam) 00-1071
Motions -- Motion for expedited scheduling order; granted. [HTML, WP5.1]
Showmethemoney Check Cashers, Inc. v. Williams (Smith, J.) 99-1398
Arbitration -- Contract lacked mutuality; arbitration clause was not valid enforceable agreement. [HTML, WP5.1]
Woods v. State (Imber, J.) CR99-1269
Mistrial -- Statement legitimate response to posed by defense counsel; denial of mistrial motion not abuse of discretion. [HTML, WP5.1]
Stilley v. Henson (Per Curiam) 00-1060
Elections -- Motion to expedite granted. [HTML, WP5.1]
Valley v. Bogard (Per Curiam) 00-539
Appeal & error -- Motion to expedite appeal granted; motion to stay contempt proceedings denied. [HTML, WP5.1]
Walker v. Priest (Per Curiam) 00-1037
Appeal & error -- Motion to intervene & for expedited scheduling order granted. [HTML, WP5.1]
Willis v. Circuit Court of Phillips County (Per Curiam) 00-1033
Prohibition, writ of -- Granted. [HTML, WP5.1]
In Re: Arkansas Code of Judicial Conduct, Canon 4(H) (Per Curiam)
[HTML,
WP5.1]
Bryant v. Erwin, CR 00-814 (Per Curiam), Pro Se Petition for Writ of Mandamus; moot September 21, 2000. [HTML, WP5.1]
Davis v. Norris, 00-439 (Per Curiam), Pro Se Motion for Access to Record and Extension of Time to File Appellant's Brief; granted September 21, 2000. [HTML, WP5.1]
Dickerson v. State, CR 98-300 (Per Curiam), affirmed September 21, 2000. [HTML, WP5.1]
Hubbard v. State, CR 99-433 (Per Curiam), Pro Se Motions for Leave to File Supplemental Pro Se Brief and for Oral Argument; denied September 21, 2000. [HTML, WP5.1]
Miller v. State, CR 99-1464 (Per Curiam), Pro Se Motions to Supplement Record and for Appointment of Counsel; denied and appeal dismissed September 21, 2000. [HTML, WP5.1]
Millsap v. State, CR 99-437 (Per Curiam), Motion to Withdraw granted; judgment affirmed September 21, 2000. [HTML, WP5.1]
Oakley v. State, CR 99-324 (Per Curiam), affirmed September 21, 2000. [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR99-1246. James Richard Halford v. State of Arkansas, from Sebastian Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
CR99-1442. Carolyn Lanore Arnett v. State of Arkansas, from Greene Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR99-1269. Danny Ray Woods v. State of Arkansas, from Jefferson Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR99-678. Robert Todd Burmingham v. State of Arkansas, from Cross Circuit. Affirmed. (18 PAGES PUBLISHED) [HTML, WP5.1]
LAVENSKI R. SMITH, JUSTICE:
99-1398. Showmethemoney Check Cashers, Inc. v. Wanda Williams and Sharon McGhee, from Clark Circuit. Affirmed. Glaze, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR98-300. Leonard Dickerson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-324. Claude Bryan Oakley v. State of Arkansas, from Desha Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-437. Charles Lee Millsap, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to Withdraw Granted; Judgment Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR98-1475. Phillip Chenowith v. State of Arkansas, from Pulaski Circuit, Fifth Division.
******************************
CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to supplement the abstract is granted.
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 is granted.
99-191. Anita June Chamberlin v. State Farm Mutual Automobile Insurance Company, from Pulaski Circuit, Third Division. Appellant's motion for disqualification is denied. Special Justice Lavender declines to disqualify. Glaze and Imber, JJ., not participating.
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 is denied.
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. Motion denied.
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 is denied.
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 is denied.
CA00-541. Gaye Garrett Greene, F. Michael Stormes, and Shannon Stormes v. Mary Ellen Pack, from Pulaski Chancery, Fifth Division. Motion for certification and transfer to Arkansas Supreme Court is granted.
00-1071. H. Baker Kurrus, Individually, And on Behalf of Arkansans to Protect Police, Libraries, Education & Services (APPLES) v. Sharon Priest, Secretary of State, an Original Action Petition. Motion for expedited scheduling order is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
00-1037. William L. "Bill" Walker et al. v. Sharon Priest, Secretary of State, an Original Action Petition. Petition to intervene. Intervention granted.
CR99-433. Alan G. Hubbard, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for leave to file supplemental pro se brief and for oral argument. Motions denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR99-437. Charles Lee Millsap, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to withdraw granted. See opinion this date.
CR99-1464. Jerry Leslie Miller v. State of Arkansas, from Logan Circuit. Pro se motions to supplement record and for appointment of counsel. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-814. Tommy L. Bryant, Jr. v. Honorable Harold Erwin, Judge, from Jackson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
00-439. Frank C. Davis v. Larry Norris, Director, Arkansas Department of Correction, from Pulaski Circuit, Seventh Division. Pro se motion for access to record and extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
In Re: Arkansas Code of Judicial Conduct, Canon 4(H). See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
00-1033. Arnell "Buck" Willis and Phillips County Board of Election Commissioners v. Honorable L. T. Simes II, Judge, from Phillips Circuit. Motion for temporary stay granted. Any motions or responses due by Tuesday noon. Oral argument set for Thursday, September 21, 2000 at 9:00 a.m. See per curiam. (Proceedings of September 15, 2000.) (2 PAGES PUBLISHED) [HTML, WP5.1]
00-1033. Arnell "Buck" Willis and Phillips County Board of Election Commissioners v. Honorable L. T. Simes II, Judge, from Phillips Circuit. Petition for writ of certiorari, prohibition or mandamus. To be argued orally today at 9:00 a.m.
CR97-640. Steven L. Freeman v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration/rehearing and for adoption of procedures in compliance with the United States Constitution.
CR00-281. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Appellee's motion to supplement the record.
CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Motion for extension of time to file reply brief.
CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the abstract and motion to file substituted brief.
CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to proceed in forma pauperis and for appointment of counsel.
CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record.
CR00-1031. Robert Lewis, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on the clerk.
99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to supplement the abstract.
00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Appellees' motion to dismiss appeal.
00-858. Crystal Luebbers v. Money Store, Inc., from Benton Circuit. Motion of Betty Dickerson, Angela Dooley, Wanda Williams, Sharon McGhee, Denise New, Kathy Martin, Roger Splettstoesser, and Stephanie Thomas to file amicus curiae brief on behalf of appellants.
00-858. Crystal Luebbers v. Money Store, Inc., from Benton Circuit. Motion of Phyllis Garrett, Sharon McGhee, Roger Splettstoesser, and Sheila Martin for permission to file amicus curiae brief on behalf of appellants.
00-1018. Honorable Donald R. Huffman, Chancellor v. Arkansas Judicial Discipline and Disability, an Original Action. Petition for writ of certiorari.
99-1420. Lisa Goff and Kenneth M. Goff v. Harold Ives Trucking Co., from Pulaski Circuit, Sixth Division. Argued orally.
99-1458. Milberg Weiss Bershad Hynes & Lerach LLP et al. v. The American Tobacco Company, from Pulaski Chancery, Sixth Division. Argued orally.
CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District.
CR99-1347. William Otis Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR99-1419. Marcus Ray v. State of Arkansas, from Yell Circuit, Southern District.
CR00-138. Richard Allen Terrell v. State of Arkansas, from Saline Circuit.
CR00-205. Wardell Franks v. State of Arkansas, from Little River Circuit.