ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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342 Ark.

Opinions delivered
November 16, 2000


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Bank of Ark., N.A. v. Mana Corp. (Per Curiam) 00-1113

Civil procedure -- Judgment upon multiple claims or involving multiple parties; failure to comply with Ark. R. Civ. P. 54(b); appeal dismissed without prejudice. [HTML, WP5.1]

Benson v. State (Smith, J.) CR99-1455

Search & seizure -- Search of vehicle incident to mandatory impoundment; supported by preponderance of evidence; Fourth Amendment does not require that alternative be offered so that driver may avoid impoundment & inventory; conviction affirmed. [HTML, WP5.1]

Blunt v. Cartwright (Corbin, J.) 00-347

Guardian & ward -- County of child's domicile clear; venue properly determined; probate court's ruling that it was in best interest of child that appellees be appointed as permanent guardian not clearly erroneous; appellant found unsuitable to serve as permanent guardian. [HTML, WP5.1]

Cambiano v. Neal (Smith, J.) 00-283

Substituted opinion delivered December 15, 2000, and appears in syllabus that date. [HTML, WP5.1]

Conagra, Inc. v. Tyson Foods, Inc. (Brown, J.) 00-446

Business & commercial law -- Trade secret; appellee failed to take steps to guard secrecy of information; information must be subject of efforts that are reasonable under circumstances to maintain secrecy; trial court erred in finding information qualified as trade secret; reversed & remanded. [HTML, WP5.1]

Johnson, Clyde v. State (Per Curiam) CR00-815

Criminal procedure -- Direct appeal of judgment of conviction is matter of right; state cannot penalize criminal defendant when defendant's attorney failed to follow mandatory appellate rules; notice of appeal timely filed but not perfected; motion for belated appeal treated as one for rule on clerk and granted. [HTML, WP5.1]

Johnson, John v. Johnson (Per Curiam) 00-1320

Contempt -- Motion for expedited consideration of emergency petition granted. [HTML, WP5.1]

McLane Co., Inc. v. Davis (Glaze, J.) 00-417

Substituted opinion delivered December 14, 2000, and appears in syllabus that date. [HTML, WP5.1]

Nix v. St. Edward Mercy Med. Ctr. (Arnold, C.J.) 00-163

Civil procedure -- Trial court did not err in finding that Ark. Code Ann. § 16-62-108 was not superseded by Ark. R. Civ. P. 25. [HTML, WP5.1]

Qualls v. White (Imber, J.) 00-478

Appeal & error -- Abstract flagrantly deficient; order of dismissal affirmed. [HTML, WP5.1]

Robinson v. State (Per Curiam) CR99-1112

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

Stilley, Oscar v. Makris (Per Curiam) 00-1102

Judgment -- Motion for stay of judgment denied where appellant/intervenor twice failed to request stay. [HTML, WP5.1]

Stilley, Oscar v. Young (Per Curiam) 00-1119
See per curiam Stilley v. Makris issued November 16, 2000. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTER

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

OPINIONS NOT DESIGNATED FOR PUBLICATION

Dilworth v. State, CA CR 98-1097 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied November 16, 2000. [HTML, WP5.1]

Middleton v. Lockhart, 99-1331 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted November 16, 2000. [HTML, WP5.1]

Thomas v. State, CR 98-1084 (Per Curiam), remanded November 16, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

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

00-163. Dean Floyd Nix v. St. Edward Mercy Medical Center, T.C. Kelly, M.D., Cooper Clinic, P.A., and John Does 1-4, from Sebastian Circuit, Fort Smith District. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-417. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board, from Chicot Chancery. Affirmed. (7 PAGES PUBLISHED) Substituted opinion delivered December 14, 2000, and appears in syllabus that date.[HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-446. Conagra, Inc. and Conagra Poultry Company v. Tyson Foods, Inc., from Washington Chancery. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-478. Harold Dean Qualls v. Dr. John White, Chancellor, University of Arkansas; Board of Trustees, University of Arkansas; Office of Certification, Department of Education; Attorney General; State of Arkansas, from Washington Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-1455. Michael Darrell Benson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

00-283. Mark Steven Cambiano v. James A. Neal, As Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit. Affirmed. (15 PAGES PUBLISHED) Substituted opinion delivered December 15, 2000, and appears in syllabus that date. [HTML, WP5.1]

PER CURIAM OPINION:

CR98-1084. Ronald Thomas v. State of Arkansas, from Washington Circuit. Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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PETITIONS FOR REVIEW: Petitions for review were denied today in the following cases.

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

CR00-1193. Anthony Maxfield v. State of Arkansas, from Hempstead 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.

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

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 appeal. Motion for belated appeal granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Appellee's motion to strike is denied. State has 30 days to file brief. See Ark. Sup. Ct. R. 4-2(b)(2); Daffron v. State, 325 Ark. 411, 926 S.W.2d 662 (1996).

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

CR00-1189. Mathias George Koch v. State of Arkansas, from Logan Circuit, Northern District. Appellant's motion to supplement the record is denied. See Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997).

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Appellant's motion to strike. See opinion this date. (10 PAGES PUBLISHED) [HTML, WP5.1]

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

00-1102. Oscar Stilley v. George A. Makris, Jr., from Jefferson Circuit. Motion for stay of judgment is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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. is granted. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

00-1119. Oscar Stilley v. John R. Young et al., from Saline Circuit. Motion for stay of judgment is denied. See per curiam this date in Case No. 00-1102. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-1296. General Motors Corporation v. Honorable Kim Smith, Circuit Judge, from Washington Circuit. Motion for accelerated proceedings and stay granted. Clerk to set briefing schedule. (Proceedings of November 14, 2000)

CACR98-1097. Michael Dilworth v. State of Arkansas, from Pulaski Circuit, First Division. 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. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Pro se motion for rule on clerk to proceed with belated appeal. Motion granted; show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

99-1331. Kenneth G. Middleton et al v. Geraldine Lockhart et al., from Newton Chancery. Pro se motion for extension of time to file reply brief. Motion granted (final extension). See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Mona Margaret Mizell, Arkansas Bar Id #85110. Petition to surrender license to practice law granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

00-1320. John Johnson and Jay Shue v. Randy Johnson, Pulaski County Sheriff, and the Honorable Marion Humphrey, Circuit Judge, Pulaski County Circuit Court. Petitioners' motion for expedited consideration of emergency petition for writ of habeas coprus, writ of certiorari, or stay. Motion for expedited consideration granted. Temporary stay order issued. Briefing schedule set.  (2 PAGES PUBLISHED) [HTML, WP5.1]

SUBMISSIONS

CR99-323. Willie Green v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-281. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit.

CR00-452. Arkansas Public Defender Commission v. Hon. John Fogleman, Judge, from Greene Circuit.

CR00-936. State of Arkansas v. Betty Thompson, from Union Circuit.

00-480. Shirley Allred v. Bill McLoud, from Madison Circuit.

00-517. L. R. Tucker v. Melton E. Holt, Tax Collector, from Crittenden Circuit.

00-541. Gaye Garrett Greene v. Mary Ellen Pack, from Pulaski Chancery, Fifth Division.