Arkansas Pub. Defender Comm'n v. Greene County Cir. Court (Glaze, J.) CR00-452

Certiorari, writ of -- No declaration of legislative intent to waive appellant's sovereign immunity; appellant not responsible for attorney's fees in civil matters; postconviciton proceedings civil in nature; no constitutional right to appointment of counsel; circuit court acted in excess of jurisdiction; petition for writ granted. [HTML, WP5.1]

Brown v. Post Prison Transf. Bd. (Per Curiam) 00-21

Appeal & error -- Motion for extension of time to file appellant's brief denied; even pro se litigants bear responsibility for conforming to rules of criminal procedure; appeal dismissed. [HTML, WP5.1]

Chatt v. State (Per Curiam) CR00-1299

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

Dermott Special Sch. Dist. v. Johnson (Thornton, J.) 00-596

Constitutional law -- Sovereign immunity; suit against agency representing State is prohibited action against State; schools districts not entitled to sovereign-immunity protection; trial court did not err in denying appellants' motion to dismiss. [HTML, WP5.1]

Francis v. Francis (Smith, J.) 00-41

Judgment -- Res judicata; dismissal with prejudice of circuit court action against appellee met requisite elements; doctrine applies to those in privity with parties to previous lawsuit; sisters were not brother's privies. [HTML, WP5.1]

Greene v. Pack (Thornton, J.) 00-541

Appeal & error -- Record from previous case is essential tool for review; flagrantly deficient abstract & record; order of dismissal affirmed. [HTML, WP5.1]

Hale v. State (Imber, J.) CR99-985

Evidence -- Supreme court declined to explicitly adopt Jackson's "rational-fact finder test" as appropriate standard of review; violation of Ark. Code Ann. § 23-60-109(Repl. 1994); conviction supported by substantial evidence; contemporaneous objection to use of immunized federal testimony needed to preserve issue for appellate review; trial judge must be given opportunity to timely correct mistake; video-deposition testimony; case-specific finding of necessity made; refusal to grant immunity to defense witness not violative of constitution. [HTML, WP5.1]

In Re: Jones (Per Curiam) 00-1011

Contempt -- Failure to pay sanction; order issued. [HTML, WP5.1]

K. S. v. State (Corbin, J.) 00-553

Appeal & error -- Mootness; supreme court does not decide cases that are moot. [HTML, WP5.1]

Lewis v. State (Per Curiam) CR00-1293

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

Miles v. State (Per Curiam) CR00-635

Appeal & error -- Petition for writ of certiorari to complete record; remanded. [HTML, WP5.1]

Penson v. State (Per Curiam) CR00-1300

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

Stilley v. City of Conway (Per Curiam) 00-1144

Appeal & error -- Petition for writ of certiorari granted; motion for extension of time to file brief moot. [HTML, WP5.1]

In Re: Establishment of the Ark. Lawyer Assistance Program; Adoption of Rule 8.3(d) and (e) of the Model Rules of Professional Conduct and Canon 3D(4) and (5) of the Arkansas Code of Judicial Conduct (Per Curiam) [HTML, WP5.1]

In Re: Appointment to Supreme Court Comm. on Model Jury Instructions - Civil (Per Curiam) [HTML, WP5.1]

Brown v. Maxwell, 00-753 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted December 7, 2000. [HTML, WP5.1]

Dewberry v. State, CR 99-1079 (Per Curiam), affirmed December 7, 2000. [HTML, WP5.1]

Nicklas v. State, CA CR 99-1321 (Per Curiam), Pro Se Motion for Rule on Clerk to File Petition for Review denied December 7, 2000. [HTML, WP5.1]

Reyes, Basilio v. State, CR 00-972 (Per Curiam), Pro Se Motion to Expedite Consideration of Motion for Rule on Clerk; Motion to Expedite moot; Motion for Rule on Clerk denied December 7, 2000. [HTML, WP5.1]

Reyes, Rogelio v. State, CR 00-966 (Per Curiam), Pro Se Motion to Expedite Consideration of Motion for Rule on Clerk; Motion to Expedite moot; Motion for Rule on Clerk denied December 7, 2000. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-452. Arkansas Public Defender Commission v. Greene County Circuit Court, Honorable John N. Fogleman, Circuit Judge, Presiding, from Greene Circuit. Petition for Writ of Certiorari Granted. Imber, J., concurs. Corbin, J., not participating. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-553. K. S. v. State of Arkansas, from Faulkner Chancery. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Brown, J., concurs. Thornton, J., dissents. (27 PAGES + 2-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-541. Gaye Garrett Greene et al. v. Mary Ellen Pack, from Pulaski Chancery, Fifth Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

00-596. Dermott Special School District and Bruce Terry v. Iris Johnson, from Drew Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

00-41. Darryl Robert Francis, Sr. v. Darryl Robert Francis, II; Linda Francis Northrip; and Marilyn Francis Obermiller, from Sebastian Circuit. Affirmed. Motion to Dismiss Cross-Appeal Granted. Arnold, C.J., dissents. (12 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-1079. Corey Dewberry v. State of Arkansas, from Miller Circuit. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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. Glaze, J., would grant.

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

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

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

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

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.

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98-1369. In Re: Establishment of the Arkansas Lawyer Assistance Program; Adoption of Rule 8.3(d) and (e) of the Model Rules of Professional Conduct and Canon 3D(4) and (5) of the Arkansas Code of Judicial Conduct. Petition granted as modified. See per curiam this date. (14 PAGES PUBLISHED) [HTML, WP5.1]

CR00-635. Romney Luther Miles v. State of Arkansas, from Lonoke Circuit. Petition for writ of certiorari to complete the record. Remanded. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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 is granted. See opinion this date.

99-1366. Philip Aka v. Jefferson Hospital Association, Inc. et al., from Jefferson Circuit. Appellant's motion to file expanded combined reply brief and brief of cross-appellee is denied. See Pemberton v. State, 291 Ark. 198 (1987).

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

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

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. Remanded to settle record. Corbin, J., not participating.

CR00-1293. Barron B. Lewis v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-1299. Senequa Chatt v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-1300. Quabina Rasheen Penson v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR00-1315. Carl Dale Branstetter v. State of Arkansas, from Garland Circuit. Petition for writ of certiorari to complete the record. Granted 30 days.

CR00-1316. Gregory Deon Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Petition for writ of certiorari to complete the record. Granted 30 days.

CR00-1327. Richard Marion Hamm v. Honorable Don E. Glover, Judge, from Ashley Circuit. Petition for writ of prohibition is denied without prejudice.

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

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

00-1144. Oscar Stilley v. City of Conway et al., from Faulkner Circuit. Petition for writ of certiorari to complete the record is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 is granted.

00-95. Slots, Inc. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for extension of time to file response to appellant's petition for rehearing is granted. See per curiam this date. (1 PAGE PUBLISHED) Substituted per curiam delivered December 14, 2000, and appears in syllabus that date. [HTML, WP5.1]

CR00-966. Rogelio Reyes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to expedite consideration of motion for rule on clerk. Motion to expedite moot; motion for rule on clerk denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-972. Basilio Reyes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to expedite consideration of motion for rule on clerk. Motion to expedite moot; motion for rule on clerk denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-21. Elizabeth Gammon Brown v. Post Prison Transfer Board et al., from Pulaski Circuit, First Division. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-753. Elizabeth Gammon Brown v. Rita Maxwell, Warden, from Jackson Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CACR99-1321. David Nicklas v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for rule on clerk to file petition for review. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointment to Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

John C. Calhoun, Jr., Esq., of North Little Rock is hereby appointed to the Committee on Model Jury Instructions - Civil for a three-year term to expire on April 30, 2004. The Court thanks Mr. Calhoun for accepting appointment to this most important Committee.

The Court expresses its appreciation to Floyd Thomas, Esq., of El Dorado, whose term has expired, for his years of dedicated service to this Committee.

PETITIONS FOR REHEARING:

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

00-283. Mark Steven Cambiano v. James A. Neal, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit.

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PETITIONS FOR REVIEW:

CR00-1310. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District.

00-1254. David Glymp and Cecelia Glymp v. Wal-Mart Stores, Inc. and Keller Ladders, Inc., from Pulaski Circuit, Fifth Division.

00-1283. Wal-Mart Stores, Inc. v. Bobby Williams, from Cross Circuit.

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CR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Davis Loftin is ordered to appear and show cause today at 9:00 a.m.

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Motion to require the attorney general's office to reproduce appellant's abstract and brief as submitted.

CR00-378. Eric Scott Pike v. State of Arkansas, from Benton Circuit. Appellant's motion for oral argument.

00-95. Slots, Inc. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to reinstate appeal.

00-283. Mark Steven Cambiano v. James A. Neal, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit. Motion for stay of mandate.

00-1343. William R. Vowell et al. v. Fairfield Bay Community Club, Inc., from Van Buren Chancery. Petition for writ of certiorari to complete the record.

CA00-780. George L. Seay, Sr. et al. v. First United Bank et al., from Arkansas Chancery, Northern District. Petition for reconsideration, or in the alternative, petition for rehearing.

CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Argued orally.

CR00-693. Francisco Godinas Barcenas v. State of Arkansas, from Polk Circuit.

CR00-716. State of Arkansas v. Ryan McCormack, from Pulaski Circuit, First Division.

00-573. Louis Etoch v. State of Arkansas, from Fulton Circuit.

00-607. Lila Kay Burnette et al. v. Perkins & Associates, from Garland Chancery.

00-662. Jack Estridge v. Second Injury Fund et al., from Workers' Compensation Commission.

00-686. Vincent Maxwell v. State of Arkansas, Child Support Enforcement Unit, from Jefferson Chancery.