ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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343 Ark.

Opinions delivered
November 30, 2000


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Allred v. McLoud (Brown, J.) 00-480

Elections -- Qualifications for office; specific constitutional & statutory qualifications prohibit additional qualifications; county initiative conflicted with general law of state; reversed & remanded. [HTML, WP5.1]

Barker v. Clark (Corbin, J.) 00-424

Evidence -- Relevancy; information sought about appellant's prior traffic violations or insurance problems not relevant to negligence question; trial court did not abuse discretion in ruling testimony about computer printout inadmissible; trial court correctly denied appellant's proffered instruction. [HTML, WP5.1]

Boatmen's Trust Co. of Ark. v. Buchbinder (Arnold, C.J.) 00-290

Attorney & client -- Attorney's fees; trial court did not abuse discretion in allocating sole responsibility for attorney's fees to former personal representative; chancellor did not abuse discretion in denying award pursuant to Ark. Code Ann. § 16-22-308 or Restatement(Second) of Trusts § 259. [HTML, WP5.1]

Coulter v. State (Corbin, J.) CR00-281

Attorney & client -- Ark. R. Crim. P. 37 postconviction relief denied; finding of trial court not clearly erroneous; no proof appellant prejudiced by counsel's purported inaction; counsel not ineffective for failing to argue that State committed error in asserting that murder was committed to avoid arrest. [HTML, WP5.1]

Gipson v. State (Per Curiam) CR00-1246

Attorney & client -- Motion to withdraw as counsel after notice of appeal filed; granted; no constitutional right to counsel in postconviciton proceedings. [HTML, WP5.1]

Spillers v. State (Per Curiam) CR00-616

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

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDERS

In Re: The Ark. Bar Ass'n (Per Curiam) [HTML, WP5.1]

In Re: Ark. R. Crim. P. 4.1, 24.3 and 33.3; Sup. Crt. R. 1-2 (Per Curiam) [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Appt. of Special Sup. Crt. Comm. to be known as Article 3 Implementation Comm. (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. State, CR 00-791 (Per Curiam), Pro Se Motions for Copy of Record, for Appointment of Counsel, and for Extension of Time to File Reply Brief denied; appeal dismissed November 30, 2000. [HTML, WP5.1]

Folk v. State, CR 99-1319 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted November 30, 2000. [HTML, WP5.1]

Gooden v. State, CR 00-845 (Per Curiam), Pro Se Motion for Belated Appeal treated as Motion for Rule on clerk to proceed with Appeal and remanded November 30, 2000. [HTML, WP5.1]

Johnson v. State, CR 00-894 (Per Curiam), Pro Se Motion for Clarification treated as Motion to Dismiss Appeal and granted November 30, 2000. [HTML, WP5.1]

McDonald v. State, CR 00-710 (Per Curiam), Pro Se Motions to Submit Only One Copy of Brief and to File Handwritten Reply Brief denied; Petition for Writ of Certiorari denied November 30, 2000. [HTML, WP5.1]

Traynor v. State, CR 00-768 (Per Curiam), Pro Se Motion for Appointment of Counsel denied; appeal dismissed November 30, 2000. [HTML, WP5.1]


ORIGINAL SYLLABUS

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

00-290. Boatmen's Trust Company of Arkansas n/k/a Bank of America, N.A., as Trustee of the Trust Agreements of N.B. Dalton v. Harris J. Buchbinder, Personal Representative of the Estate of Barbara D. Blaisdell; Lyle B. Thompson; and Barbara Laney and David Thompson, from Pulaski Chancery, Second Division. Affirmed. Glaze, J., dissents. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR00-281. Roger Lewis Coulter v. State of Arkansas, from Ashley Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

00-424. Ronnie Barker v. Charles Clark, from Faulkner Circuit. Affirmed on Direct Appeal; Court of Appeals Reversed. Brown and Thornton, JJ., dissent. (9 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-480. Shirley Allred, Edward Ham, and Gary Bunch v. Bill McLoud, Larry Easterling, and Omer Fowler, from Madison Circuit. Reversed and Remanded. Glaze and Smith, JJ., dissent. (7 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

99-1310. Aloha Pools & Spas, Inc. v. Employers Insurance of Wausau, from Pulaski Circuit, Fifth Division. Glaze, J., would grant.

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

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

00-1221. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission.

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

CR00-1219. Stephanie Burnett v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

00-1230. Mary Etta Songer et al. v. Mildred Wiggins, from Craighead Chancery, Eastern District.

00-1252. Darrell D. Dunn v. The Estate of Jack Weaver, from Garland Probate.

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00-714. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission. Petition for review. Moot.

00-195. In Re: The Arkansas Bar Association, an Original Action Petition. Petition granted as modified. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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. Moot.

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. Motions granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR98-1441. Leonard Wiley v. State of Arkansas, from Washington Circuit. Motion of Tim Buckley to be relieved as counsel for appellant is granted.

CR99-433. Alan G. Hubbard v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record is granted.

CR00-345. Richard Cox v. State of Arkansas, from Cross Circuit. Motion to direct compliance with Arkansas Supreme Court Rule 4-3(h) is granted.

CR00-1130. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file supplemental brief is granted.

00-495. Keith Gregson et al. v. Honorable Michael Huckabee, Governor et al., from Pulaski Circuit, Seventh Division. Appellants' motion to dismiss appeal is granted. Glaze, J., would deny without prejudice to file motion for voluntary dismissal. Brown and Imber, JJ., not participating.

00-1348. Arkansas Game & Fish Commission et al. v. Honorable John N. Harkey, Judge, from Stone Circuit. Motion for expedited consideration of application for temporary relief staying trial court proceedings pending consideration of petition for writ of prohibition on its merits is granted. Brown and Thornton, JJ., not participating.

00-1348. Arkansas Game & Fish Commission et al. v. Honorable John N. Harkey, Judge, from Stone Circuit. Motion for temporary relief staying trial court proceedings pending consideration of petition for writ of prohibition on its merits is granted. Brown and Thornton, JJ., not participating.

00-1348. Arkansas Game & Fish Commission et al. v. Honorable John N. Harkey, Judge, from Stone Circuit. Petition for writ of prohibition. Clerk to set briefing schedule. Brown and Thornton, JJ., not participating.

CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-768. Terry W. Traynor v. State of Arkansas, from Carroll Circuit, Western District. Pro se motion for appointment of counsel. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-710. Bufford McDonald v. State of Arkansas, from Pope Circuit. Pro se motions to submit only one copy of brief and to file handwritten reply brief denied; petition for writ of certiorari denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-791. Michael Anderson v. State of Arkansas, from Ouachita Circuit. Pro se motions for copy of record, for appointment of counsel, and for extension of time to file reply brief. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal. Motion treated as motion for rule on clerk to proceed with appeal and remanded. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-894. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Pro se motion for clarification. Motion treated as motion to dismiss appeal and granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Criminal Procedure 4.1, 24.3, and 33.3; Supreme Court Rule 1-2. See per curiam this date. (7 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Appointment of Special Supreme Court Committee to be Known as "Article 3 Implementation Committee". See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR99-133. State of Arkansas v. Billy Richard Marts II, from Sebastian Circuit, Fort Smith District.

99-1414. City of Dover et al. v. A.G. Barton et al., from Pope Chancery.

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PETITIONS FOR REVIEW:

CR00-1250. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit.

CR00-1270. Austin Stephenson v. City of Fort Smith, from Sebastian Circuit, Fort Smith District.

00-1183. Estate of James M. Berry v. Style Optics, Inc. et al., from Pulaski Probate, Sixth Division.

00-1228. Amy Foster v. Farm Bureau Mutual Insurance Companies of Arkansas, from Randolph Circuit.

00-1268. Second Injury Fund v. J & S Trucking, from Workers' Compensation Commission.

00-1285. Fayetteville Diagnostic Clinic, Ltd. v. Dyanna Turner, from Washington Circuit.

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00-1011. In Re: Henry Thomas Jones IV (Arkansas Bar ID #97018). Henry Thomas Jones IV is ordered to appear and show cause today at 9:00 a.m.

CR94-960. David Dewayne Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Gerald A. Coleman for appointment of counsel.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Renewed motion to correct the record and for extension of time for return of writ of certiorari.

CR00-1275. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Motion of Robert C. Marquette to withdraw as attorney for appellant.

CR00-1293. Barron B. Lewis v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk.

CR00-1299. Senequa Chatt v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk.

CR00-1300. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk.

CR00-1315. Carl Dale Branstetter v. State of Arkansas, from Garland Circuit. Petition for writ of certiorari to complete the record.

CR00-1316. Gregory Deon Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Petition for writ of certiorari to complete the record.

CR00-1327. Richard Marion Hamm v. Honorable Don E. Glover, Judge, from Ashley Circuit. Petition for writ of prohibition.

99-1377. General Accident Insurance Company of America v. The Estate of David Laroy Jaynes, Deceased, from Faulkner Probate. Appellee's motion to dismiss appeals.

00-669. City of Cave Springs et al. v. City of Rogers et al., from Benton Circuit. Motion to take judicial notice of fact.

00-1015. Committee on Professional Conduct v. Kenneth Gerald Torrence, an Original Action. Motion for extension of time to file answer.

00-1144. Oscar Stilley v. City of Conway et al., from Faulkner Circuit. Petition for writ of certiorari to complete the record.

00-1144. Oscar Stilley v. City of Conway et al., from Faulkner Circuit. Appellant's motion for extension of time to file brief.

00-1297. Mark Steven Cambiano v. James A. Neal, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit. Petition for writ of certiorari to complete the record.

00-1342. Ken Jameson v. Honorable Leon Johnson, Circuit Judge, from Pulaski Circuit, Fifth Division. Petition for writ of mandamus.

SUBMISSIONS

99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Laroy Jaynes, Deceased, from Faulkner Probate. Argued orally.

00-553. In Re: K. S. v. State of Arkansas, from Faulkner Chancery.

00-579. Stuttgart Regional Medical Center v. John P. Cox et al., from Arkansas Circuit, Northern District.

00-593. Ultracuts Ltd. et al. v. Wal-Mart Stores, Inc. et al., from Benton Circuit.

00-596. Dermott Special School District et al. v. Iris Johnson, from Drew Circuit.

00-604. Annalee H. Patterson v. Arkansas Department of Health et al., from Workers' Compensation Commission.

00-655. Carl Rodgers et al. v. CWR Construction, Inc. et al., from White Circuit.

00-1320. John Johnson and Jay Shue v. Randy Johnson, Pulaski County Sheriff and Honorable Marion Humphrey, Circuit Judge, from Pulaski Circuit, First Division.