ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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342 Ark.

Opinions delivered
November 2, 2000


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Blackwood v. Floyd (Glaze, J.) 00-197

Divorce -- Visitation; chancery court did not have jurisdiction to modify decree to add visitation provision after ninety-day period elapsed; appellee's assertion of visitation rights came too late. [HTML, WP5.1]

Carter v. State (Per Curiam) CR98-273

Criminal procedure -- Postconviction relief; circuit court erred when it failed to hold evidentiary hearing on appellant's ineffective-assistance claim; circuit court erred in failing to make specific written findings on appellant's claims regarding counsel's performance; reversed & remanded for hearing on appellant's ineffective-assistance claim. [HTML, WP5.1]

City of Dover v. Barton (Thornton, J.) 99-1414

Courts -- Mandate; trial court did not follow supreme court mandate; trial court erred in granting summary judgment on disputed factual issues; reversed & remanded. [HTML, WP5.1]

In Re: Henry Thomas Jones, IV (Per Curiam) 00-1011

Contempt -- Show-cause order issued. [HTML, WP5.1]

Newhard v. State (Per Curiam) CR00-1173

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

Owen v. State (Per Curiam) CR00-820

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

Seay v. Wildlife Farms, Inc. (Glaze, J.) 00-334

Civil procedure -- Extension of time to file record; rule not meant for record that lacks stenographically reported portions; extension improperly granted; record not timely filed; appeal dismissed. [HTML, WP5.1]

Tucker v. Roberts-McNutt, Inc. (Imber, J.) 00-221

Workers' compensation -- Commission erred in translation of evidence; finding unsupported by evidence; Commission failed to make proper de novo review of record; reversed & remanded. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Berger v. State, CR 00-210 (Per Curiam), Pro Se Motion to Relieve Counsel and Appoint Other Counsel or Permit Appellant to Proceed Pro Se denied; all additional pro se motions moot November 2, 2000. [HTML, WP5.1]

Blockman v. State, CR 00-674 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Motion for Appointment of Counsel denied November 2, 2000. [HTML, WP5.1]

Lever v. Norris, 00-555 (Per Curiam), Pro Se Motion to Have Appellant's Brief Duplicated at Public Expense denied and appeal dismissed November 2, 2000. [HTML, WP5.1]

Middleton v. Lockhart, 99-1331 (Per Curiam), Pro Se Motion for Reconsideration of Appellant's Motion for Leave to Supplement Abstract granted November 2, 2000. [HTML, WP5.1]

State v. Marts, CR 99-133 (Per Curiam), reversed and dismissed November 2, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

TOM GLAZE, JUSTICE:

00-197. Jim Edward Blackwood v. Casey Lynn Floyd, from Ouachita Chancery. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

00-334. George L. Seay and James Irby Seay, Jr. v. Wildlife Farms, Inc., from Arkansas Chancery. Motion to Dismiss Granted. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Workers' Compensation Commission Reversed and Remanded; Court of Appeals Affirmed as Modified. (12 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

99-1414. City of Dover v. A. G. Barton, City of Russellville, and City Corporation, from Pope Chancery. Reversed and Remanded. Glaze, Imber, and Smith, JJ., dissent. (12 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-273. Jason Ryan Carter v. State of Arkansas, from Pulaski Circuit, First Division. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR99-133. State of Arkansas v. Billy Richard Marts II, from Sebastian Circuit. Reversed and Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Brown and Imber, JJ., would grant.

99-1332. Arkansas County v. Desha County et al., from Arkansas Chancery, Southern District. Smith, J., not participating.

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. (Proceedings of November 1, 2000)

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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. Moot. See opinion this date.

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

00-1011. In Re: Henry Thomas Jones, IV (Arkansas Bar ID #97018). Petition for contempt of court. Show cause order issued. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-820. Ronald Owen v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

CR00-1173. Carl Rankin Newhard, Jr. v. State of Arkansas, from Benton Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-1174. Ralph H. Cassady, III v. Honorable J. Michael Fitzhugh, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition. Denied without prejudice.

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

99-810. Wal-Mart Stores, Inc. v. Carolyn Binns, from Drew Circuit. Appellee's petition and supplement to petition for vacatur is denied. Corbin, Imber, and Smith, JJ., not participating.

00-221. Kevin Tucker v. Roberts-McNutt, Inc., from Workers' Compensation Commission. Appellant's motion for attorney's fees. Denied without prejudice.

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 is granted.

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

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 is denied. Smith, J., would grant appellant's request to file.

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

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

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 is granted.

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

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 is granted.

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 is granted.

CR00-210. Russell J. Berger v. State of Arkansas, from Faulkner Circuit. Pro se motion to relieve counsel and appoint other counsel or permit appellant to proceed pro se. Motion denied; all additional pro se motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-674. Curtis Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motions for extension of time to file brief and for appointment of counsel. Motion for extension of time granted; motion for appointment of counsel denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery. Pro se motion for reconsideration of appellant's motion for leave to supplement abstract. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-555. James C. Lever v. Larry Norris and 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. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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 for stay of judgment pending petition for certiorari to The United States Supreme Court is denied. (Proceedings of November 1, 2000)

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 for stay directed to the court as a body and to Justices Imber and Smith individually is denied. (Proceedings of November 1, 2000)

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 for recusal of Justices Corbin and Thornton, and for withdrawal of previous votes. Justice Corbin and Justice Thornton decline to recuse. (Proceedings of November 1, 2000)

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR00-1149. Jerry Pryor v. State of Arkansas, from Howard Circuit.

00-1166. Kathy Lynn Clark v. Randolph County, Arkansas et al., from Randolph Circuit.

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CR97-402. Rodney Maurice Raglin v. State of Arkansas, from Pulaski Circuit, First Division. Motion to file belated appeal.

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

00-915. Stefany Yvonne Shoemaker v. State of Arkansas, from Benton Chancery. Appellant's motion to amend brief.

00-1102. Oscar Stilley v. George A. Makris, Jr., from Jefferson Circuit. Motion for stay of judgment.

00-1113. Bank of Arkansas, N.A. v. Mana Corporation, from Benton Circuit. Appellee First Union National Bank's motion to dismiss appeal of Bank of Arkansas, N.A.

00-1119. Oscar Stilley v. John R. Young et al., from Saline Circuit. Motion for stay of judgment.

00-1233. Mona Lawson v. Bryan Lawson, from Sebastian Chancery, Greenwood District. Motion for substitution of counsel.

00-1233. Mona Lawson v. Bryan Lawson, from Sebastian Chancery, Greenwood District. Motion for rule on the clerk.

SUBMISSIONS

CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Argued orally.

CR99-1455. Michael Darrell Benson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR00-409. Roy Don Tester v. State of Arkansas, from Pope Circuit.

CR00-702. Jamie Paul Bowen v. State of Arkansas, from Madison Circuit.

00-290. Bank of America et al. v. Lyle B. Thompson et al., from Pulaski Chancery, Second Division.

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate.