Bilyeu v. State (Per Curiam) CR98-1480

Appeal & error -- Appellant failed to file notice of appeal from order denying postconviction relief; appeal dismissed. [HTML, WP5.1]

Eliott v. State (Thornton, J.) CR00-309

Evidence -- Other crimes or wrongs; trial court did not abuse discretion in allowing appellant's convictions into evidence; failure to request jury instruction precludes reversal on issue. [HTML, WP5.1]

Ferguson v. State (Per Curiam) CR99-999

Appeal & error -- Motion to reconsider order granting oral argument; denied. [HTML, WP5.1]

Jacobs v. Yates (Thornton, J.) 00-618

Elections -- Violation of two-to-seven-day provision of Ark. R. Civ. P. 78(d) does not deprive court of jurisdiction in election contest; voters have standing to challenge qualifications & eligibility of candidates; appellee had standing to challenge appellant's qualifications for office; check used to pay filing fee returned; filing fee not timely paid. [HTML, WP5.1]

Johnson v. State (Arnold, C.J.) CR98-743

Evidence -- Psychotherapist-patient privilege; waiver in one proceeding does not constitute waiver in later proceedings; application to material created after appellant's first trial not error; trial court did not abuse discretion in refusing to allow testimony of third party's former wife. [HTML, WP5.1]

Miller v. State (Corbin, J.) CR00-336

Search & seizure -- Consent to search freely given; appellants free to leave at any time; officer reasonably concluded that permission included containers found in car; police acted reasonably in going to rear of home; police entered property as part of legitimate police investigation; motion to suppress properly denied; inevitable discovery doctrine applicable. [HTML, WP5.1]

Rager v. Turley (Brown, J.) 99-1465

Descent & distribution -- Paternity decision necessary for qualification as statutory beneficiary; probate court lacked subject-matter jurisdiction; probate court's final order of approval and distribution reversed & case remanded. [HTML, WP5.1]

Smith v. Plegge (Imber, J.) CR99-1347

Criminal procedure -- Speedy trial; State met burden of explaining period of delay; writ of prohibition not clearly warranted; denied. [HTML, WP5.1]

State v. Robbins (Smith, J.) CR98-1394

Criminal procedure -- Waiver of trial by jury; jury considered facts and followed court's instructions; fact that defendant's wishes were consistent with jury's determination did not invalidate verdict. [HTML, WP5.1]

Terrell v. State (Arnold, C.J.) CR00-138

Criminal law -- Evidence sufficient tot show appellant shook child knowing conduct would result in child's death; affirmed. [HTML, WP5.1]

Stilley v. Bradley (Per Curiam) 00-1102

Appeal & error -- Request for expedited consideration denied. [HTML, WP5.1]

Boyd v. Norris, 00-536 (Per Curiam), Pro Se Motion to Proceed in Forma Pauperis granted October 5, 2000. [HTML, WP5.1]

Freeman v. State, CR 97-640 (Per Curiam), Motion for Reconsideration of Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied October 5, 2000. [HTML, WP5.1]

Smith v. State, 00-358 (Per Curiam), Pro Se Motion to Have Appellant's Brief Duplicated at Public Expense denied; appeal dismissed October 5, 2000. [HTML, WP5.1]

State v. McCullough, CR 99-330 (Per Curiam), reversed and dismissed October 5, 2000. [HTML, WP5.1]

Wiley v. State, CR 98-1441 (Per Curiam), affirmed October 5, 2000. [HTML, WP5.1]

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

CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Affirmed. Brown, Imber, and Thornton, JJ., dissent. (19 + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR00-138. Richard Allen Terrell v. State of Arkansas, from Saline Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR00-336. Stephen W. Miller and Janette Elaine Miller v. State of Arkansas, from Washington Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

99-1465. Joshua Rager, By His Next Friend Marjorie Rager; Cory Rager, By His Next Friend Deborah Rager; Matthew Rager, Jr.; Yolanda Rager; and Marjorie Rager v. Chandra Rager Turley, Administratrix, from Pope Probate. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-1347. William Otis Smith v. Honorable John B. Plegge, Pulaski County Circuit Judge, on Petition for Writ of Prohibition from Pulaski Circuit, Seventh Division. Writ Denied. (7 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-309. Nathan Eliott v. State of Arkansas, from Van Buren Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

00-618. Arlanda Jacobs v. Honorable Harvey L. Yates, Circuit Judge et al., from Phillips Circuit. Affirmed. Glaze, J., concurs. Brown, Imber, and Smith, JJ., dissent. (12 PAGES + 2-PAGE CONCURRENCE + 6-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Affirmed. Glaze, J., dissents. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-1441. Leonard Leroy Wiley v. State of Arkansas, from Washington Circuit. Affirmed. ( 4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1480. James Wesley Bilyeu v. State of Arkansas, from Faulkner Circuit. Dismissed. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR99-330. State of Arkansas v. Lenzy McCullough, from Cross Circuit. Reversed and Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to supplement the abstract. Granted leave to file substituted abstract and brief. Clerk to set briefing schedule.

99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion for extension of time. Moot.

CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Motion to reconsider order granting appellant's motion for oral argument is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

CA00-669. City of Cave Springs et al. v. City of Rogers et al., from Benton Circuit. Motion to consolidate appeals and in the alternative, motion for leave to file amicus curiae brief. Motion denied. Glaze, J., would grant.

CR97-640. Steven Lynn Freeman v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration of petition for leave to proceed in circuit court with petition for writ of error coram nobis. Motion for reconsideration denied. See per curiam this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

00-358. Dawney Smith v. State of Arkansas, from Jefferson Circuit. Pro se motion to have appellant's brief duplicated at public expense. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-536. Stanley Frank Boyd v. Larry Norris, Director, Arkansas Department of Correction et al., from Izard Circuit. Pro se motion to proceed in forma pauperis. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-756. Chon Lenell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to file supplemental brief.

CR00-756. Chon Lenell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file supplemental brief.

CR00-1084. Katherine Rosetta Ward v. State of Arkansas, from Pulaski Circuit, First Division. Motion for rule on the clerk.

99-732. Renate Hapney v. Rheem Manufacturing Company, from Workers' Compensation Commission. Motion for attorney's fees.

00-604. Analee H. Patterson v. Arkansas Department of Health, from Workers' Compensation Commission. Motion to set a separate briefing schedule for appellee Second Injury Fund.

00-828. Phi Kappa Tau Housing Corp. et al. v. Matt Wengert, from Washington Circuit. Motion to file supplemental brief on behalf of Phi Kappa Tau Housing Corporation.

00-960. Lamar Pettus et al. v. James E. McDonald, II, from Washington Circuit. Motion to consolidate with Case No. CA00-1079.

00-1080. Advance America et al. v. Phyllis Garrett, from Clark Circuit. Motion of Advance America to stay trial court proceedings.

CA00-573. Louis Etoch v. State of Arkansas, from Fulton Circuit. Appellant's motion to certify to the Supreme Court and to redesignate as a criminal case.

99-1310. Aloha Pools & Spas, Inc. v. Employers Insurance of Wausau, from Pulaski Circuit, Fifth Division. Argued orally.

99-1450. Harrison J. Buchbinder et al. v. Bank of America, N.A., from Pulaski Chancery, Second Division. Argued orally.

00-1041. Brenda Thiel et al. v. Sharon Priest, Secretary of State, from Pulaski Circuit, Seventh Division. Argued orally.

CR00-708. James Hutts v. State of Arkansas, from Yell Circuit, Northern District.

99-1342. Bill Tomerlin et al. v. Tom Nickolich et al., from Pulaski Circuit, Third Division.

00-539. James F. "J.F." Valley v. Honorable David Bogard, Judge et al., from Pulaski Circuit, Sixth Division.

00-1060. Oscar Stilley v. Harold E. Henson et al., from Sebastian Circuit, Fort Smith District.