Benton v. Gunter (Arnold, C.J.) 00-1156

Elections -- Trial court's order determining that residency in city was required for eligibliity as nominee for municipal judge affirmed; order removing appellant's name from ballot affirmed. [HTML, WP5.1]

Bowen v. State (Brown, J.) CR00-702

Constitutional law -- Jail inmate has no right to privacy; prevention of suicide by young offender awaiting trial provided ample justification for opening mail; denial of motion to suppress not error; cautionary instruction adequately set forth what could & could not be considered by jury; refusal to grant mistrial not abuse of discretion. [HTML, WP5.1]

Brinker v. Forrest City Sch. Dist. (Per Curiam) 00-56

Appeal & error -- Abstracting deficiency; affirmance would have caused unduly harsh result; order allowing appellant thirty days to comply. [HTML, WP5.1]

Buchbinder v. Bank of Am., N.A. (Smith, J.) 99-1450

Trusts -- Estate bound by limits of rights beneficiary possessed while living; both beneficiary & contingent beneficiary consciously sought payments contrary to terms of trusts; affirmative requests by beneficiary & contingent beneficiary of trust barred subsequent attempt to enforce specific terms of trust. [HTML, WP5.1]

Burch, Versie v. Griffe (Corbin, J.) 00-444

Decedent's estates -- Probate court was without power to authorize election after decedent's death; probate court's untimely authorization of deceased surviving spouse's election reversed & remanded. [HTML, WP5.1]

Burch, Versie v. Griffe (Thornton, J.) 00-255

Executors & administrators -- Appellant was unsuitable to serve in position of executrix of deceased husband's will; finding of probate judge was not abuse of discretion; appointment of special administrator affirmed. [HTML, WP5.1]

Neal v. Matthews (Corbin, J.) 00-217

Attorney & client -- Disbarment proceedings; sanction determination; mitigating factors outweighed aggravating factors; trial court not clearly erroneous in imposing sanction less than disbarment; five-year suspension imposed; suspension was to run from date of mandate; reversed & remanded. [HTML, WP5.1]

Ozark Gas Pipeline Corp. v. Arkansas Pub. Serv. Comm'n (Brown, J.) 99-915

Taxation -- No fault in January 1 as cutoff for determination of assessed value; appellee properly considered exit fees as part of purchase price; statutory sections on assessing value for utilities must control; order supported by substantial evidence. [HTML, WP5.1]

Potter v. State (Thornton, J.) CR00-860

Criminal procedure -- Investigatory stop justified; denial of motion to suppress not clearly against preponderance of evidence; trial court did not err in finding pat-down search was appropriate. [HTML, WP5.1]

Raglin v. State (Per Curiam) CR97-402

Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

Slots, Inc. v. State (Brown, J.) 00-95

Criminal procedure -- Party appealing from circuit court has same burden as appellant in civil appeal to obtain certification; appellant failed to obtain certification; appeal dismissed due to lack of final order. [HTML, WP5.1]

Tester v. State (Glaze, J.) CR00-409

In Re: Ark. R. Civ. P. 4, 12, 15, 45, 54, 56, and 78; and Ark. R. App. P. - Civil 2 and 4. (Per Curiam) [HTML, WP5.1]

In Re: Arkansas State Bd. of Law Examiners (Per Curiam) [HTML, WP5.1]

Dewberry v. State, CR 99-1079 (Per Curiam), Pro Se Motions to Compel Counsel to Comply with Court Rules, to Submit Supplemental Pro Se Brief, for Transcript, and for Extension of Time to File Supplemental Pro Se Brief denied November 9, 2000. [HTML, WP5.1]

Ragsdale v. State, CR 00-704 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted; remanded on appellant's claim of indigency November 9, 2000. [HTML, WP5.1]

Shabazz v. State, CR 00-770 (Per Curiam), Pro Se Motions for Certified Copy of Trial Transcript and Copy of Habeas Corpus Proceedings at Public Expense and to File Belated Reply Brief; motions denied and appeal dismissed; Motion for Extension of Time to File Brief moot November 9, 2000. [HTML, WP5.1]

Smith v. State, CR 98-1363 (Per Curiam), affirmed November 9, 2000. [HTML, WP5.1]

Whitfield v. State, CR 99-507 (Per Curiam), remanded November 9, 2000. [HTML, WP5.1]

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

00-1156. William Benton v. Honorable Jim Gunter, Circuit Judge on Assignment; Janice Roberts and Jerry Riley; Helen McClinton Bradley, County and Probate Clerk for Jefferson County; and Jefferson County Board of Election Commissioners, from Jefferson Circuit. Affirmed. Glaze, J., concurs. Thornton, J., dissents. (Proceedings of November 6, 2000) (5 PAGES + 2-PAGE CONCURRENCE + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-409. Roy Don Tester v. State of Arkansas, from Pope Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-217. James A. Neal, as Executive Director of the Arkansas Supreme Court Committee on Professional Conduct v. Charles Dawson Matthews, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Arnold, C.J., and Smith, J., dissent. Glaze, J., not participating. (3 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-444. Versie Burch v. Bennie Griffe and Douglas Griffe, from Pulaski Probate, Fifth Division. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-702. Jamie Paul Bowen v. State of Arkansas, from Lonoke Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

99-915. Ozark Gas Pipeline Corporation v. Arkansas Public Service Commission, from Pulaski Circuit, Fifth Division. Affirmed. Thornton, J., dissents. Smith, J., not participating. (16 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-95. Slots, Inc. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appeal Dismissed. Glaze, J., dissents. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-860. Michael Ray Potter v. State of Arkansas, from Washington Circuit. Court of Appeals Reversed. Trial Court Affirmed. Glaze, J., dissents. (10 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-255. Versie Burch v. Bennie Griffe, from Pulaski Probate, Fifth Division. Affirmed in Part; Reversed and Remanded in Part. (5 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

99-1450. Harris J. Buchbinder, Personal Representative of the Estate of Barbara D. Blaisdell, Lyle B. Thompson, and Barbara Laney and David Thompson v. Bank of America, N.A., as Trustee of the Trust Agreement of N. B. Dalton, from Pulaski Chancery, Second Division. Affirmed. Glaze, J., concurs. Brown and Imber, JJ., dissent. (11 PAGES + 2-PAGE CONCURRENCE + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR98-1363. Earl Edward Smith v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-507. Charles Whitfield v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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

******************************

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

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.

******************************

00-1156. William Benton v. Honorable Jim Gunter, Judge et al., from Jefferson Circuit. Appellant's motion to strike appellees' brief. Moot.

CA00-780. George L. Seay, Sr. et al. v. First United Bank et al., from Arkansas Chancery, Northern District. Appellees' motion to dismiss appeal is granted. See opinion in Case No. 00-334 dated November 2, 2000 - motion to dismiss granted.

CR97-402. Rodney Maurice Raglin v. State of Arkansas, from Pulaski Circuit, First Division. Motion to file belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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

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

CACR00-762. State of Arkansas v. Roger Lester, from Pope Circuit. Appellant's motion to transfer. Moot. Certification from Court of Appeals granted.

CACR00-762. State of Arkansas v. Roger Lester, from Pope Circuit. Appellant's motion for extension of time is granted.

CACR00-762. State of Arkansas v. Roger Lester, from Pope Circuit. Motion to quash appellant's motion for extension of brief time is denied.

00-56. Overtos Brinker v. Forrest City School District No. 7 et al., from St. Francis Circuit. Order allowing appellant 30 days to comply with Ark. Sup. Ct. R. 4-2 (A)(6). See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR99-1079. Corey Dewberry v. State of Arkansas, from Miller Circuit. Pro se motions to compel counsel to comply with court rules, to submit supplemental pro se brief, for transcript, and for extension of time to file supplemental pro se brief. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit. Pro se motion for belated appeal of judgment. Motion granted; remanded on appellant's claim of indigency. See per curiam this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-770. Vonnie Moore/Shabazz v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motions for certified copy of trial transcript and copy of habeas corpus proceedings at public expense and to file belated reply brief. Motions denied and appeal dismissed; motion for extension of time to file brief moot. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure 4, 12, 15, 45, 54, 56, and 78; and Arkansas Rules of Appellate Procedure - Civil 2 and 4. See per curiam this date. (11 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas State Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Consistent with our per curiam order of September 30, 1999, we make the following appointments, or reappointments, to the Arkansas State Board of Law Examiners.

Eugene Hunt, Fourth Congressional District, is appointed to the State Board of Law Examiners for a five (5) year term ending September 30, 2005. He will replace Edwin Alderson.

Randy Philhours, First Congressional District, is reappointed to a one (1) year term concluding September 30, 2001.

Bill Bridgforth, an at large appointee, is reappointed to a one (1) year term concluding September 30, 2001.

Jerry Pinson, Third Congressional District, is reappointed for a three (3) year term concluding September 30, 2003.

The Court extends its appreciation to Edwin Alderson for his dedicated and faithful service to the Arkansas State Board of Law Examiners. The Court also thanks Messrs. Philhours, Bridgforth, and Pinson for accepting reappointment to this Board.

PETITION FOR REHEARING:

99-1458. Milberg, Weiss, Bershad, Hynes, and Lerach, LLP et al. v. State of Arkansas et al., from Pulaski Chancery, Sixth Division.

******************************

PETITIONS FOR REVIEW:

CR00-1133. Anthony Maxfield v. State of Arkansas, from Hempstead Circuit.

CR00-1171. Bobby Cox Bail Bonds, Inc. v. State of Arkansas, from Conway Circuit.

00-1103. Danny Mitchell v. Kenneth House and Rhonda House, from Randolph Chancery.

00-1132. Jo Ann Hoffmann v. Carmen Greenup, Jason Kelley, and Maurice Helms, from Benton Circuit.

00-1148. Orr, Inc. v. David Hood, from Miller Circuit.

00-1159. Lanis D. Parish v. Aeroquip Corporation, from Workers' Compensation Commission.

******************************

CR98-1394. Robert A. Robbins v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to dissolve stay of execution.

CR99-1112. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Appellants' motion to reinstate appeal and/or motion to file a belated motion.

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Appellee's motion to strike.

CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.

CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for extension of time and order to compel.

CR00-635. Romney Luther Miles v. State of Arkansas, from Lonoke Circuit. Petition for writ of certiorari.

CR00-664. Josh Vanesch v. State of Arkansas, from Van Buren Circuit. Appellant's motion to file belated supplemental reply brief.

CR00-1189. Mathias George Koch v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion to supplement the record.

CR00-1246. David Gipson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk and motion to withdraw as counsel for appellant.

00-41. Darryl Robert Frances, Sr. v. Darryl Robert Francis, II et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to dismiss cross-appeal.

00-41. Darryl Robert Francis, Sr. v. Darryl Robert Francis, II et al., from Sebastian Circuit, Fort Smith District. Argued orally.

CR00-724. State of Arkansas v. Bryan Ray Vaughan, from Saline Circuit.

00-163. Dean Floyd Nix v. St. Edward Mercy Medical Center et al., from Sebastian Circuit, Fort Smith District.

00-417. McLane Company, Inc. et al. v. Charlie Davis, Director, Arkansas Tobacco Control Board, from Chicot Chancery.

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit.

00-446. ConAgra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery.

00-478. Harold Dean Qualls v. Dr. John White et al., from Washington Circuit.