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]

Kurrus v. Priest (Corbin, J. with respect to Point I; Glaze, J. with respect to Point II) 00-1071

Elections -- Ballot title; did not accurately & honestly reflect what was contained in proposed amendment; declared insufficient & misleading; impairment of contract arose where amendment's terms failed to provide substituted source of revenue to replace abolished sales & use taxes on used goods; petition granted & respondent enjoined from placing proposed amendment on ballot or from counting or certifying any votes cast. [HTML, WP5.1]

Kraemer v. Patterson (Smith, J.) 00-816

Certiorari, writ of -- No adequate remedy; writ granted; Ark. R. Evid. 503(d)(B) forbids ex parte communication with patient's physician absent patient's consent; trial court erred in authorizing ex parte communication. [HTML, WP5.1]

Norman v. Norman (Smith, J.) 99-1519

Civil procedure -- Final order on fewer than all claims or all parties may be obtained; appellant failed to comply with provisions of Ark. R. Civ. P. 54(b). [HTML, WP5.1]

Robinson v. Taylor (Imber, J.) 99-1428

Pensions -- Noncontributory retirement benefit merely gratuitous allowance; no vested right in benefit; appellant's right to retirement benefits not yet vested when Act 604 of 1991 enacted; no constitutional violations found; appellant forfeited right to receive retirement benefit; trial court's denial of writ of mandamus affirmed. [HTML, WP5.1]

Taylor v. Zanone Properties (Imber, J.) 99-1515

Civil procedure -- State appeared ex rel in chancery court; commissions never joined as necessary parties; Attorney General never acted on behalf of commissions; orders of chancery court directed toward two commissions were null & void; trial court never intentionally modified decree; unintentional modification of findings of fact null & void. [HTML, WP5.1]

Ellison v. Dep't of Human Servs., 00-1140 (Per Curiam), Pro Se Petition for Writ of Habeas Corpus denied October 26, 2000. [HTML, WP5.1]

Kozohorsky v. Unnamed Judge, 00-765 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed October 26, 2000. [HTML, WP5.1]

Norman v. Norris, 98-1467 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order denied October 26, 2000. [HTML, WP5.1]

Robinson v. State, 99-1061 (Per Curiam), affirmed October 26, 2000. [HTML, WP5.1]

Threets v. State, CR 87-59 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied October 26, 2000. [HTML, WP5.1]

Williams, Antonio v. State, CR 00-540 (Per Curiam), Pro Se Motion for Duplication of Appellant's Brief at Public Expense denied October 26, 2000. [HTML, WP5.1]

Williams, John Henry v. State, CR 90-39 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied; Motion to Withdraw Petition moot October 26, 2000. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-1037. William L. "Bill" Walker et al. v. Sharon Priest, In Her Official Capacity as Secretary of State of the State of Arkansas et al., an Original Action. Petition Denied. Brown, J., concurs. Corbin and Thornton, JJ., dissent. Smith, J., not participating. (Proceedings of October 20, 2000) (20 PAGES + 2-PAGE CONCURRENCE + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE AND TOM GLAZE, JUSTICE:

00-1071. H. Baker Kurrus, Individually and on Behalf of Arkansans to Protect Police, Libraries, Education, and Services (APPLES) v. Sharon Priest, Secretary of State, an Original Action. Petition Granted. Justice Corbin delivered the opinion of the court with respect to Point I, in which Arnold, C.J., and Thornton, J., joined. Brown, J., concurs. Glaze, J., dissents, and Imber and Smith, JJ., dissent separately. Justice Glaze delivered the opinion of the court with respect to Point II, in which Arnold, C.J., and Corbin and Thornton, JJ., joined. Brown, Imber and Smith, JJ., dissent. (Proceedings of October 24, 2000) (18 PAGES + 5-PAGE CONCURRENCE/DISSENT + 6-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

99-1428. Carolyn Robinson v. Jerry Taylor, Mayor of Pine Bluff, from Jefferson Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

99-1515. Lowell Taylor v. Zanone Properties, and State of Arkansas v. Lowell Taylor, from Crittenden Chancery. Reversed. Brown, J., concurs. (18 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-1519. Robert A. Norman v. Josephine A. Norman, from Garland Chancery. Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

00-816. Lise Kraemer v. Honorable John Patterson, from Pope Circuit. Writ of Certiorari Granted. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

99-1061. Allen T. Robinson v. State of Arkansas, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

REVIEW DENIED: Petition for review was denied today in the following case.

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

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00-1037. William L. "Bill" Walker v. Sharon Priest, Secretary of State, an Original Action. Motion for partial summary judgment. Moot.

00-1037. William L. "Bill" Walker v. Sharon Priest, Sectetary of State, an Original Action. Motion to strike CHART intervenors' motion for partial summary judgment. Moot.

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

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Motion to correct the record is granted. Corbin, J., not participating.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Petition for writ of certiorari to complete the record is granted. Writ returnable in 30 days. Corbin, J., not participating.

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

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. Permission granted to file substituted brief as per Rule 4-2(b). Glaze, J., would deny.

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

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

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

CR00-860. Michael Ray Potter v. State of Arkansas, from Washington Circuit. Appellant's motion for belated brief is denied.

CR87-59. Arthur Lee Threets, Jr. v. State of Arkansas, from Arkansas Circuit, Northern District. 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. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR90-39. John Henry Williams v. State of Arkansas, from Pulaski Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis and motion to withdraw petition. Petition denied; motion to withdraw petition moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-540. Antonio Williams v. State of Arkansas, from Crittenden Circuit. Pro se motion for duplication of appellant's brief at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

98-1467. Dinzel Norman v. Larry Norris and Charlotte Sumner, from Jefferson Circuit. Pro se motion for rule on clerk to proceed with belated appeal of order. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

00-765. James Kozohorsky v. Unnamed Judge, from Jefferson Circuit. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

00-1140. Kevin Ellison v. Department of Human Services and State of Arkansas, from Phillps Probate. Pro se petition for writ of habeas corpus. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District.

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CR00-894. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR00-1173. Carl Rankin Newhard, Jr. v. State of Arkansas, from Benton Circuit. Motion for rule on the clerk.

CR00-1174. Ralph H. Cassady, III v. Honorable J. Michael Fitzhugh, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition.

CR00-1174. Ralph H. Cassady, III v. Honorable J. Michael Fitzhugh, Circuit Judge, from Sebastian Circuit, Fort Smith District. Motion to stay proceedings.

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellee's petition and supplement to petition for vacatur.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees.

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Appellant's motion to correct and substitute table of authorities.

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Appellant's motion to strike.

00-618. Arlanda Jacobs v. Honorable Harvey L. Yates, Circuit Judge et al., from Phillips Circuit. Appellant's motion to file belated petition for rehearing.

00-623. Harold Ives Trucking Company v. Pro Transportation, Inc. et al., from Pulaski Circuit, Sixth Division. Appellant's motion to dismiss appeal.

00-669. City of Cave Springs et al. v. City of Rogers et al., from Benton Circuit. Motion for expedited consideration.

00-858. Crystal Luebbers v. Money Store, Inc. et al., from Benton Circuit. Motion of Advance America, Cash Advance Centers of Arkansas, Inc., for permission to file amicus curiae brief.

00-1141. Oscar Stilley et al. v. Crawford County Clerk et al., from Crawford Circuit. Motion for stay of judgment.

00-334. George L. Seay, Sr. and James Irby Seay, Jr. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District. Motion of appellee Wildlife Farms, Inc. to dismiss appeal.

00-334. George L. Seay, Sr. and James Irby Seay, Jr. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District. Motion of appellees Helen S. Quinn and First United as Trustees to dismiss appeal.

CA00-780. George L. Seay, Sr. et al. v. First United Bank et al., from Arkansas Chancery, Northern District. Appellees' motion to dismiss appeal.

00-95. Slots, Inc. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Argued orally.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission.

00-255. Versie Burch v. Bennie Griffe, from Pulaski Probate, Fifth Division.

00-283. Mark Steven Cambiano v. Supreme Court Committee on Professional Conduct, from Conway Circuit.

00-334. George L. Seay et al. v. Helen S. Quinn et al., from Arkansas Chancery, Northern District.

00-444. Versie Burch, Personal Representative of the Estate of Aileen Griffe, Deceased v. Bennie Griffe et al., from Pulaski Probate, Fifth Division.

00-1156. William Benton v. Honorable Jim Gunter, Judge, from Jefferson Circuit.