Shook v. Huffman (Per Curiam) 00-1131

Prohibition, writ of -- Stay granted in part & denied in part. [HTML, WP5.1]

Benton v. Gunter (Per Curiam) 00-1156

Appeal & error -- Petition for stay granted; petition for accelerated appeal granted. [HTML, WP5.1]

Hutts v. State (Arnold, C.J.) CR00-708

Motions -- Directed verdict; argument barred where appellant's counsel did not specifically challenge accomplice-corroboration evidence; sufficient evidence presented to sustain capital murder conviction. [HTML, WP5.1]

Johnson v. State (Thornton, J.) CR00-476

Appeal & error -- Abstracting requirements; findings of court of appeals that abstract flagrantly deficient in error; clerk improperly allowed single-spaced brief to be filed in violation of Ark. Sup. Ct. R. 4-1; clerk's failure to enforce rule should not be treated as flagrant deficiency; court of appeals reversed. [HTML, WP5.1]

Milberg v. State (Corbin, J.) 99-1458

Civil procedure -- Intervention; delay from appellant's intervention would have prejudiced State and would have resulted in potential prejudice to remaining states & governmental units; chancellor did not abuse discretion in finding motion to intervene untimely; chancellor's refusal to set aside consent decree for lack of standing affirmed; State never waived sovereign immunity from claim for attorney's fees. [HTML, WP5.1]

Miner v. State (Arnold, C.J.) CR00-564

Criminal procedure -- Revocation proceeding; probation revocation affirmed where appellant failed to move for dismissal; appellate court's decision affirmed. [HTML, WP5.1]

Stilley, Oscar v. Henson (Imber, J.) 00-1060

Elections -- Initiative & referendum; court sales & use tax; voters limited to enactment procedures authorized by Ark. Code Ann. § 26-74-201 et seq.; appellants petition facially invalid because contrary to section 26-74-201 et seq. [HTML, WP5.1]

Stilley, Oscar v. Hubbs (Per Curiam) 00-1141

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

Stilley, Oscar v. Young (Per Curiam) 00-1119

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

Thiel v. Priest (Glaze, J.) 00-1041

Constitutional law -- Ballot title without manifest fraud under Ark. Const. art. 19 §22; ballot title & popular name to remain on general election ballot. [HTML, WP5.1]

Thompson v. State (Smith, J.) CR00-562

Criminal procedure -- Revocation proceedings are criminal proceedings under rules of procedure; appellant failed to preserve sufficiency of evidence argument. [HTML, WP5.1]

Tomerlin v. Nickolich (Corbin, J.) 99-1342

Administrative law & procedure -- Decisions concerning licensing of bond companies & their employees; de novo review inappropriate; Bail Bondsmen Licensing Board's decision supported by substantial evidence; imposition of fine appropriate; decision to revoke appellants' licenses not arbitrary or capricious. [HTML, WP5.1]

Valley v. Bogard (Brown, J.) 00-539

Elections -- Eligibility of candidate; action for declaratory judgment that would affect state officials; venue properly in Pulaski County; qualifications for state representative; residency requirement not met; appellant not eligible to run for state representative. [HTML, WP5.1]

Ward v. State (Per Curiam) CR00-1084

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

In Re: Supreme Court Rule 5-1(a) [HTML, WP5.1]

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

In Re: Haynes (Per Curiam) [HTML, WP5.1]

Coleman v. State, CR 00-414 (Per Curiam), Pro Se Motion to Supplement Record and for Extension of Time to File Appellant's Brief; granted in part and denied in part October 12, 2000. [HTML, WP5.1]

Coley v. State, CR 99-284 (Per Curiam), affirmed October 12, 2000. [HTML, WP5.1]

Miller v. State, CR 00-577 (Per Curiam), Pro Se Motion and Amended Motion for Rule on Clerk denied October 12, 2000. [HTML, WP5.1]

Regalado v. State, CR 99-413 (Per Curiam), affirmed October 12, 2000. [HTML, WP5.1]

Scott v. State, 00-437 (Per Curiam), Pro Se Motion for Court to Follow Supremacy Clause moot; appeal dismissed October 12, 2000. [HTML, WP5.1]

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

CR00-564. Teresa Lynn Miner v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Arkansas Court of Appeals Affirmed. Brown and Imber, JJ., dissent. (6 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR00-708. James Hutts v. State of Arkansas, from Yell Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-1041. Brenda Thiel, President of the League of Women Voters of Arkansas, Inc. v. Sharon Priest, In Her Official Capacity as Secretary of State of Arkansas and Ex-Officio Secretary of the State Board of Election Commissioners, from Pulaski Circuit, Seventh Division. Affirmed. Corbin, J., dissents. (10 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

99-1342. Bill Tomerlin and All Arkansas Bail Bond Company, Inc. v. Tom Nickolich, Chairman, and Arkansas Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Third Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

99-1458. Milberg, Weiss, Bershad, Hynes, and Lerach, LLP; Niblock Law Firm; and Law Offices of Steven E. Cauley, P.A. v. State of Arkansas; Phillip Morris, Inc.; R. J. Reynolds Tobacco Company; Brown and Williamson Tobacco Corporation, Individually, and as Successor by Merger to American Tobacco Company; and Lorillard Tobacco Company, from Pulaski Chancery, Sixth Division. Affirmed. Brown, Imber, and Smith, JJ., concur. (23 PAGES + 1-PAGE CONCURRENCE + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-539. James F. "J.F." Valley v. Honorable David Bogard, Circuit Judge, Honorable Arnell Willis, State Representative, Arkansas County Board of Election Commissioners, Sharon Priest, Secretary of State of the State of Arkansas, Arkansas Democratic State Committee, Phillips County Democratic Committee, Phillips County Board of Election Commissioners , Desha County Board of Election Commissioners, Desha County Democratic Committee, Arkansas County Democratic Committee, Monroe County Democratic Committee, Monroe County Board of Election Commissioners, from Pulaski Circuit, Sixth Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-1060. Oscar Stilley v. Harold E. Henson; Doris Tate, In Her Official Capacity as County Clerk of Sebastian County, Arkansas; and Tom Johnson, Richard Griffin, and David Harp, In Their Official Capacities as County Election Commissioners of Sebastian County, Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-476. Daniel W. Johnson v. State of Arkansas, from Saline Circuit. Court of Appeals Reversed on the Issue of Flagrantly Deficient Abstract and Reassigned to the Court of Appeals. (9 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR00-562. Eddie Eugene Thompson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Brown and Imber, JJ., dissent. (7 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-284. Antonio Demarion Coley v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-413. Edward Sarbia Regalado v. State of Arkansas, from Chicot Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CA00-780. George L. Seay et al v. First United Bank et al., from Arkansas Chancery, Northern District. Request for certification of motion for additional time. Denied.

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

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

CR00-1084. Katherine Rosetta Ward v. State of Arkansas, from Pulaski Circuit, First Division. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 is denied.

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 is granted.

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

00-1080. Advance America et al. v. Phyllis Garrett, from Clark Circuit. Motion of Advance America to stay trial court proceedings is denied. Glaze, J., not participating.

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. Certification denied.

00-1141. Oscar Stilley v. Maurice Hubbs et al., from Crawford Circuit. Motion for expedited consideration is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-1119. Oscar Stilley v. John R.Young et al., from Saline Circuit. Motion for expedited consideration is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-1071. H. Baker Kurrus et al. v. Sharon Priest, Secretary of State, an Original Action. Complainant's motion to substitute brief is granted.

00-1156. William Benton v. Honorable Jim Gunter, Circuit Judge on Assignment, Janice Roberts and Jerry Riley; County and Probate Clerk, Helen McClinton Bradley; and Jefferson County Board of Election Commissioners, from Jefferson Circuit. Petition for stay granted. Petition for accelerated appeal granted. Briefing ordered. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-414. Derek Charles Coleman v. State of Arkansas, from Crittenden Circuit. Pro se motion to supplement record and for extension of time to file appellant's brief. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-577. Johnny Ray Miller v. State of Arkansas, from Jefferson Circuit. Pro se motion and amended motion for rule on clerk. Motion for rule on clerk denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-437. Billy R. Scott v. State of Arkansas, from Jefferson Circuit. Pro se motion for court to follow supremacy clause. Motion moot; appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Jeffrey Lee Haynes, Arkansas Bar ID #95243. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Rule 5-1(a). See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

Gwendolyn Hodge, Attorney at Law, of Little Rock is appointed to an At Large position on the Supreme Court Committee on Professional Conduct for a seven-year term to expire on September 30, 2007.

The Court expresses thanks to Ms. Hodge for accepting appointment to this important Committee.

The Court expresses its appreciation to Professor Carlton Bailey of Fayetteville, whose term has expired, for his dedicated service to the Committee.

CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Motions to release exhibits are granted upon substitution of copies. State's exhibits to be released to state's attorney; defendant's exhibits to be released to defendant's attorney. (Proceedings of October 5, 2000)

00-1071. H. Baker Kurrus et al. v. Sharon Priest, Secretary of State, an Original Action. Intervenor's request to share oral argument time with counsel for respondent is granted. Division of the 20 minutes to be decided and agreed upon by respondent's and intervenor's attorney before the argument. (Proceedings of October 5, 2000)

00-1102. Oscar Stilley v. George A. Makris, Jr., et al., from Jefferson Circuit. Motion for expedited consideration is denied. See per curiam. (Proceedings of October 6, 2000)

00-1131. Jennifer Shook, as a Shareholder on behalf of DELTA P.C.&I., Inc. v. Honorable Don Huffman, Judge, from Benton Chancery. Petition for writ of prohibition. Stay granted in part and denied in part. Briefs requested. See per curiam. Glaze, J., not participating. (Proceedings of October 10, 2000)

PETITIONS FOR REVIEW:

CR00-1130. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division.

00-1053. Mary Bice v. Waterloo Industries, Inc., from Workers' Compensation Commission.

00-1067. Jerry Caves v. Riverside Furniture Corp., from Workers' Compensation Commission.

00-1072. Continental Express, Inc. et al. v. Donald Hollis, from Workers' Compensation Commission.

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CR98-460. Billy Jack Kain, Jr. v. State of Arkansas, from Craighead Circuit, Western District. Petition to reinvest trial court with jurisdiction in order to consider petition for writ of audita querela and for access to evidence for testing in support thereof.

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

99-1414. City of Dover et al. v. A.G. Barton et al., from Pope Chancery. Appellee's motion to strike portions of appellant's reply brief.

00-1080. Advance America et al. v. Phyllis Garrett, from Clark Circuit. Motion to consolidate appeals.

00-1103. Danny Mitchell v. Kenneth E. House, from Randolph Chancery. Motion to file enlarged petition for review.

00-22. Melvin F. Romine et al. v. Arkansas Department of Pollution Control and Ecology, from Washington Chancery. Argued orally.

00-1037. William L. "Bill" Walker et al. v. Honorable Sharon Priest, Secretary of State, an Original Action. Argued orally.

00-1071. H. Baker Kurrus et al. v. Sharon Priest, Secretary of State, an Original Action. Argued orally.

CR99-1112. Tamagum Antonio Robinson and Terrance Robinson v. State of Arkansas, from Crittenden Circuit.

CR00-570. George Wilcox v. State of Arkansas, from Pulaski Circuit, Seventh Division.

99-1414. City of Dover et al. v. A.G. Barton et al., from Pope Chancery.

00-816. Lise Kraemer et al. v. Honorable John Patterson, Judge, from Pope Circuit.