Arkansas County v. Desha County (Arnold, C.J.) 99-1332

Public Service Commission -- Legislature did not intend to vest Commission with responsibility of resolving boundary disputes; chancery court erred in finding Commission had authority to decide boundary dispute; chancery court erred in dismissing complaint. [HTML, WP5.1]

Franks v. State (Brown, J.) CR00-205

Evidence -- First-degree murder conviction amply supported by evidence. [HTML, WP5.1]

Goff v. Harold Ives Trucking Co. (Glaze, J.) 99-1420

Evidence -- Spoliation; supreme court refused to recognize tort of intentional spoliation of evidence. [HTML, WP5.1]

Goodwin v. State (Corbin, J.) CR99-1192

Evidence -- No break found in chain of custody; criteria for instruction on lesser-included offense met; no error found. [HTML, WP5.1]

Lewis v. State (Per Curiam) CR00-1031

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

Marshall v. State (Thornton, J.) CR00-19

Criminal law -- Sentencing; past criminal behavior may be considered; flight admissible as evidence of guilt; convictions affirmed where presumption that trial court considered only competent evidence was not overcome. [HTML, WP5.1]

Ray v. State (Thornton, J.) CR99-1419

Trial -- Verdict & findings; verdict was not inconsistent; return of three verdict forms was harmless error; trial court did not abuse discretion in allowing State to present rebuttal argument in sentencing phase. [HTML, WP5.1]

Stephens v. State (Glaze, J.) CR98-1073

Criminal procedure -- Arrest based on outstanding warrant; rules of procedure complied with; appellant failed to timely object to evidence; no discovery violations found; search incident to lawful arrest; trial court properly allowed evidence. [HTML, WP5.1]

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

Muldrew v. State, CR 97-561 (Per Curiam), Pro Se Motion for Transcript denied September 28, 2000. [HTML, WP5.1]

Neely v. State, CR 99-386 (Per Curiam), affirmed September 28, 2000. [HTML, WP5.1]

Richard v. Glover, CR 00-692 (Per Curiam), Pro Se Petition for Writ of Mandamus moot September 28, 2000. [HTML, WP5.1]

Roddy v. State, CR 99-254 (Per Curiam), affirmed September 28, 2000. [HTML, WP5.1]

Watts v. State, CR 00-201 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied September 28, 2000. [HTML, WP5.1]

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

99-1332. Arkansas County v. Desha County, Arkansas Electric Cooperative Corporation, and Arkansas Public Service Commission, from Arkansas Chancery. Reversed and Remanded. Smith, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR98-1073. Mack E. Stephens v. State of Arkansas, from Van Buren Circuit. Affirmed. Brown and Smith, JJ., concur. (9 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

99-1420. Lisa Goff and Kenneth Goff v. Harold Ives Trucking Company, Inc., from Pulaski Circuit, Sixth Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-1192. David Carroll Goodwin v. State of Arkansas, from Izard Circuit. Affirmed. Brown, J., concurs. (6 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-205. Wardell Franks v. State of Arkansas, from Little River Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR99-1419. Marcus Ray v. State of Arkansas, from Yell Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR00-19. Raymond Clinton Marshall v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-254. Ronnie Roddy v. State of Arkansas, from Jackson Circuit. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-386. Andrew Neely, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1332. Arkansas County v. Desha County and Arkansas Electric Cooperative Corporation, from Arkansas Chancery, Southern District. Appellee's motion to strike brief of Arkansas Public Service Commission is granted. See opinion this date.

CR00-281. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Appellee's motion to supplement the record is granted.

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. Motion to file substituted abstract and substituted brief is granted. Clerk to set briefing schedule.

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Motion for extension of time to file reply brief. Moot.

CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to proceed in forma pauperis and for appointment of counsel is granted.

CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record. Granted 60 days to complete record.

CR00-1031. Robert Lewis, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for belated appeal granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Appellees' motion to dismiss appeal. Motion to be submitted with case.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

00-1018. Honorable Donald R. Huffman, Chancellor v. Arkansas Judicial Discipline and Disability, an Original Action. Petition for writ of certiorari. To be submitted as a case. Clerk to set briefing schedule.

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. Motion to intervene of Oscar Stilley, individually and on behalf of Arkansas Taxpayers Rights Committee is granted.

00-1060. Oscar Stilley v. Harold E. Henson et al, from Sebastian Circuit, Fort Smith District. Request for oral argument. Denied.

CR97-561. Wilbert Muldrew v. State of Arkansas, from Hempstead Circuit. Pro se motion for transcript. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-201. Frank Watts II v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-692. Bobby Earl Richard v. Honorable Don Glover, Judge, from Desha Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

The Honorable Jim Gunter, Circuit/Chancery Judge of Hope, is hereby appointed to our Committee on Criminal Practice to fill the unexpired term of the Honorable William Storey of Fayetteville, who has found it necessary to resign from the Committee. This term expires on January 31, 2003.

The Court thanks Judge Gunter for accepting appointment to this important Committee.

The Court expresses its gratitude to Judge Storey for his service on the Committee.

00-539. James F. "J.F." Valley v. Honorable David Bogard et al., from Pulaski Circuit, Sixth Division. Motion to expedite appeal; motion to stay proceedings; and petition for writ of certiorari to complete the record. Motion to expedite granted; writ of certiorari granted; stay denied. See per curiam. Glaze, J., concurs. (Proceedings of September 22, 2000)

00-1033. Arnell "Buck" Willis and Phillips County Board of Election Commissioners v. Circuit Court of Phillips County, Arkansas, from Phillips Circuit. Petition for writ of prohibition granted. See per curiam. Glaze, J., concurs. (Proceedings of September 22, 2000)

00-1037. William L. "Bill" Walker et al. v. Sharon Priest, Secretary of State, an Original Action. Motion to intervene and motion for expedited scheduling order and hearing granted. See per curiam. (Proceedings of September 22, 2000)

00-1060. Oscar Stilley v. Harold E. Henson et al., from Sebastian Circuit, Fort Smith District. Motion to expedite granted. See per curiam. (Proceedings of September 22, 2000)

CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Motion to reconsider order granting appellant's motion for oral argument.

CR99-1352. Dana Daniel Thetford v. State of Arkansas, from Craighead Circuit, Western District. Notice of later authority decided since briefs were filed.

00-1054. Sandra Pinson v. E. Dain Wofford, from Logan Circuit, Southern District. Motion for rule on the clerk.

99-1465. Matthew Ragar et al. v. Chandra Ragar Turley, Administratrix, from Pope Probate. Argued orally.

99-1515. State of Arkansas et al. v. Zanone Properties et al., from Crittenden Chancery. Argued orally.

CR00-309. Nathan Eliott v. State of Arkansas, from Van Buren Circuit.

CR00-336. Stephen Miller et al. v. State of Arkansas, from Washington Circuit.

CR00-476. Daniel W. Johnson v. State of Arkansas, from Saline Circuit.

CR00-562. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR00-564. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District.