Aloha Pools & Spas, Inc. v. Employer's Ins. of Wausau (Thornton, J.) 99-1310

Contracts -- Provisions of Ark. Code Ann. § 11-9-402 clear; prime contractor's insurance carrier is not liable for injuries to subcontractor who is sole proprietor or partner who has provided certificate of noncoverage; trial court's interpretation of Ark. Code Ann. § 11-9-402(c)(1)(A) incorrect; reversed & remanded. [HTML, WP5.1]

Robinson v. State (Brown, J.) CR99-1112

Criminal procedure -- Postrial; motions for new trial void; appeal untimely; civil appellate rule inapplicable to criminal matter; absence of subject-matter jurisdiction not excused. [HTML, WP5.1]

Romine v. Arkansas Dep't of Env't'l. Quality (Arnold, C. J.) 00-22

Administrative law & procedure -- Failure to raise constitutional arguments at administrative level barred pursuit of claim on appeal; orders dismissing counterclaim & enforcing default order affirmed. [HTML, WP5.1]

Wilcox v. State (Imber, J.) CR00-570

Constitutional law -- Double Jeopardy Clause; retrial prohibited after conviction reversed on basis of insufficient evidence; prohibition does not bar retrial when conviction overturned based on weight of evidence; trial court properly denied appellant's motion to dismiss on basis of double jeopardy. [HTML, WP5.1]

Walker v. Priest (Glaze, J.) 00-1037

Elections -- Ballot title not insufficient; petitioners failed to show material omissions that made title misleading; State Board of Finance was thoroughly described; petitioner's request to declare title deficient rejected where language provided fair understanding of Act's scope & import; General Assembly has power of appropriation over all expenditures except debt-service funds. [HTML, WP5.1]

Cloird v. Reed, 00-166 (Per Curiam), Pro Se Motions to Amend Brief granted; Motion to File Handwritten Reply Brief and Petition for Writ of Certiorari denied October 18, 2000. [HTML, WP5.1]

Dawson v. State, CR 00-699 (Per Curiam), Pro Se Motions for Appointment of Counsel denied; appeal dismissed October 18, 2000. [HTML, WP5.1]

Miles v. State, CR 00-635 (Per Curiam), Pro Se Motion and Amended Motion for Rule on Clerk to Proceed with Belated Appeal granted October 18, 2000. [HTML, WP5.1]

Phillips v. State, CR 93-642 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied October 18, 2000. [HTML, WP5.1]

Williams v. State, CR 76-93 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Recall Mandate, Motion for Appointment of Counsel and Amended Motion for Reconsideration dismissed October 18, 2000. [HTML, WP5.1]

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

00-22. Melvin F. Romine and Anita J. Romine, d/b/a American Ideal Trash v. Arkansas Department of Environmental Quality, from Washington Chancery. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR99-1112. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Appeal Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-570. George Wilcox v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-1310. Aloha Pools & Spas, Inc. v. Employer's Insurance of Wausau, from Pulaski Circuit, Fifth Division. Reversed and Remanded. Glaze, J., dissents. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

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

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

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 is denied.

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

00-1080. Advance America et al. v. Phyllis Garrett, from Clark Circuit. Motion to consolidate appeals is denied. Glaze, J., not participating.

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

00-56. Overtus Brinker v. Forrest City School District No. 7 et al., from St. Francis Circuit. Appellant's motion to reconsider request for oral argument is denied.

CR00-1180. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Petition for writ of certiorari to complete the record is denied.

CR00-1180. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Emergency motion to stay proceedings pending interlocutory appeal is denied.

CR00-1180. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Motion for expedited consideration is granted.

CR76-93. Floyd Williams v. State of Arkansas, from Pulaski Circuit. Pro se motion for reconsideration of motion to recall mandate and motion for appointment of counsel and amended motion for reconsideration. Motion for reconsideration and motion for appointment of counsel and amended motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR93-642. Corelanius Phillips v. State of Arkansas, from Bradley 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]

00-166. Gary T. Cloird v. M. D. Reed, Warden, from Lincoln Circuit. Pro se motions to amend brief and to file handwritten reply brief and petition for writ of certiorari. Motion to amend brief granted; motion to file handwritten reply brief and petition for writ of certiorari denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-635. Romney Luther Miles v. State of Arkansas, from Lonoke Circuit. Pro se motion and amended motion for rule on clerk to proceed with belated appeal. Motion and amended motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-699. William Dawson, Jr. v. State of Arkansas, from Ashley Circuit. Pro se motions for appointment of counsel. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit.

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PETITION FOR REVIEW:

00-1100. Andrea Rychel v. Randy Williams, from Sebastian Chancery, Fort Smith District.

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CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Motion for stay of mandate.

CR00-401. Sheri Lynn Langston v. State of Arkansas, from Union Circuit. Motion for extension of time for return of writ of certiorari.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Motion to correct the record.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Petition for writ of certiorari to complete the record.

CR00-927. John Robert Martin v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record and to supplement abstract.

00-573. Louis Etoch v. State of Arkansas, from Fulton Circuit. Appellant's motion to either supplement appellant's abstract; require the state to file a supplemental abstract; or permit the appellant to put missing material in reply brief.

00-915. Stefany Yvonne Shoemaker v. State of Arkansas, from Benton Chancery. Appellee's motion to dismiss appeal.

00-1011. In Re: Henry Thomas Jones, IV, an Original Action. Petition of the Supreme Court Committee on Professional Conduct for citation of Henry Thomas Jones, IV for contempt of the Arkansas Supreme Court and for other relief.

00-1012. In Re: Timothy Mark Hall, an Original Action. Petition of the Supreme Court Committee on Professional Conduct for citation of Timony Mark Hall for contempt of the Arkansas Supreme Court and for other relief.

CACR00-565. Steven Scott Bader v. State of Arkansas, from Benton Circuit. Appellant's motion to transfer to the Supreme Court.

CR00-860. Michael Ray Potter v. State of Arkansas, from Washington Circuit.

99-915. Ozark Gas Pipeline Corporation v. Arkansas Public Service Commission, from Pulaski Circuit, Fifth Division.

99-1428. Carolyn Robinson v. Jerry Taylor, Mayor of Pine Bluff, from Jefferson Circuit.

99-1519. Robert A. Norman v. Josephine A. Norman, from Garland Chancery.

00-56. Overtus Brinker v. Forrest City School District No. 7 et al., from St. Francis Circuit.

00-197. Jim Edward Blackwood v. Casey Lynn (Blackwood) Floyd, from Ouachita Chancery.

00-217. Supreme Court Committee on Professional Conduct v. Charles Dawson Matthews, from Pulaski Circuit, Seventh Division.