Barcenas v. State (Brown, J.) CR00-693

Constitutional law - Waiver of rights not knowingly and intelligently made; order denying suppression of videotaped statement reversed; appellant unfairly prejudiced; conviction reversed & remanded. [HTML, WP5.1]

Burnette v. Perkins & Assoc. (Smith, J.) 00-607

Civil procedure -- Attorney's fees; one must prevail on merits to be considered prevailing party under Ark. Code Ann. § 16-22-308. [HTML, WP5.1]

Ferguson v. State (Corbin, J.) CR99-999

Criminal procedure -- Speedy trial; denial of directed-verdict motion affirmed where evidence regarding victim's identity was sufficient; periods of delay attributable to appellant's pretrial motions, etc., properly excluded; denial of motion to suppress affirmed where appellant was tried within 365-day period, counting excluded periods; challenge to juror's presence at appellate level; claim not considered where appellant failed to challenge at trial; appellant failed to demonstrate that trial court abused discretion by denying mistrial motion. [HTML, WP5.1]

General Accident Ins. Co. of Am. v. Jaynes (Glaze, J.) 99-1377

Insurance -- Right to subrogation established statutorily; insurer's right to subrogation did not arise until insured was made whole; carrier's lien right against insured's settlement with third- party defendant is not necessarily absolute; lien rights not abrogated where carrier afforded notice & opportunity to be heard. [HTML, WP5.1]

Green v. State (Smith, J.) CR99-323

Attorney & client -- Claim of ineffective assistance; totality of evidence did not lead to conclusion that there was reasonable probability that jury would have acquitted appellant absent judge's comment; trial court's denial of Ark. R. Crim. P. 37 relief affirmed. [HTML, WP5.1]

Jameson v. Johnson (Per Curiam) 00-1342

Mandamus, writ of -- Postjudgment interest includes any interest on judgment as well as costs & damages that may accrue pending appeal; writ granted. [HTML, WP5.1]

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

Contempt -- Order issued. [HTML, WP5.1]

Johnson, John v. Johnson (Brown, J.) 00-1320

Certiorari, writ of -- Circuit judge's order not invalid on its face nor did judge lack jurisdiction to enter order; habeas corpus inapplicable; filing of motion for continuance did not absolve prosecutors from trial preparation; trial date set some three months earlier; prosecutors' unpreparedness in direct violation of judge's scheduling orders; certiorari denied on issue of whether citation for contempt appropriate; unlimited jail time unduly harsh; contempt punishment modified. [HTML, WP5.1]

Maxwell v. State (Glaze, J.) 00-686

Civil procedure -- Subsequent action to reduce continuing child-support obligation not new cause of action; no need for additional service of process. [HTML, WP5.1]

Patterson v. Arkansas Dep't of Health (Smith, J.) 00-604

Workers' compensation -- Odd-lot doctrine; elements balanced in consideration of overall disability placed appellant in odd-lot category of workers; evidence failed to show that appellant received bona fide offer of employment or that she could return to work force in any meaningful manner. [HTML, WP5.1]

Rodgers v. CWR Constr., Inc. (Arnold, C.J.) 00-655

Evidence -- Spoliation; trial court did not abuse discretion in failing to give instruction on spoliation; Ark. R. Evid. 403; reversed & remanded where trial court abused discretion in admitting expert testimony on secondary gain. [HTML, WP5.1]

State v. Thompson (Arnold, C.J.) CR00-936

Constitutional law -- Double Jeopardy Clause; collateral estoppel effect does not require government to bring prosecutions together; double jeopardy did not apply; reversed & remanded where prosecution for second-degree murder was barred. [HTML, WP5.1]

Stuttgart Reg'l Med. Ctr. v. Cox (Brown, J.) 00-579

Liens -- Medical liens; appellant hospital entitled to funds paid as insurance benefits to appellee injured party; assignment granted appellant right to any benefits available; appellant not precluded from enforcing line; reversed & remanded where circuit court's finding was at odds with Medical Lien Act. [HTML, WP5.1]

Tucker v. Holt (Imber, J.) 00-517

Municipal corporations -- Appropriate ordinance passed by city counsel; tax collector had authority to pursue collection of lien from appellant; grass-cutting lien; tax collector followed statutory procedure for collection. [HTML, WP5.1]

Ultracuts Ltd. v. Wal-Mart Stores, Inc. (Imber, J.) 00-593

Contracts -- Trial court's grant of summary judgment on breach of contract claim affirmed; fact questions presented as to appellant's fraud claim precluded summary judgment; order striking appellant's second amended complaint reversed where trial court abused discretion.

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

Civil procedure -- Intervention; argument insufficient to explain appellant's failure to pursue intervention sooner; preliminary injunction affected all wholesalers; chancellor's denial of motion to intervene not abuse of discretion. [HTML, WP5.1]

Slots, Inc. v. State (Per Curiam) 00-95

Appeal & error -- Motion for extension of time to file response to appellant's petition for rehearing granted. [HTML, WP5.1]

In Re: Proposed Amendments to the Procedures Regulating Professional Conduct of Attorneys at Law; and Rules 1.4 and 1.15 of the Model Rules of Professional Conduct (Per Curiam) [HTML, WP5.1]

In the Matter of the Retirement of Judge John Lineberger (Per Curiam) [HTML, WP5.1]

Estridge v. Waste Mngmt. (Arnold, C.J.) 00-662

Workers' compensation -- Appellant presented objective medical evidence of injury; causal connection established between injury & medical treatment; Commission's denial of benefits reversed; decision of court of appeals reversed. [HTML, WP5.1]

State v. McCormack (Imber, J.) CR00-716

Appeal & error -- Appeals by State accepted when important to correct & uniform administration of justice; State's argument based on application of law to facts; issue not addressed; appeal dismissed. [HTML, WP5.1]

State v. Vaughan (Thornton, J.) CR00-724

Judgment -- order entered after judge no longer serving void; order not entered until filed; judge had no jurisdiction over appeal; judgment granting relief dismissed for want of jurisdiction. [HTML, WP5.1]

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

Attorney & client -- Disbarment cases; regulation of lawyers; state's interest. [HTML, WP5.1]

Barnes v. State, CR 99-145 (Per Curiam), affirmed December 14, 2000. [HTML, WP5.1]

Harris v. State, CR 00-715 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted December 14, 2000. [HTML, WP5.1]

Martin v. State, CR 00-60 (Per Curiam), Pro Se Motion to File Over- Sized Brief moot; Petition to Compel Department of Correction to Schedule Library Time denied December 14, 2000. [HTML, WP5.1]

Robinson v. State, 99-475 (Per Curiam), affirmed December 14, 2000. [HTML, WP5.1]

Thompson v. Woodard, CR 99-283 (Per Curiam), affirmed December 14, 2000. [HTML, WP5.1]

Williams v. State, CR 00-741 (Per Curiam), Pro Se Motions for Extension of Time to File Brief and for Appointment of Counsel moot; appeal dismissed December 14, 2000. [HTML, WP5.1]

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

CR00-936. State of Arkansas v. Betty Thompson, from Union Circuit. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

00-655. Carl Rodgers and Norlene Rodgers v. CWR Construction, Inc., from White Circuit. Reversed and Remanded. Imber, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

99-1377. General Accident Insurance Company of America v. Teresa Jaynes, Special Administrator of the Estate of David Laroy Jaynes, Deceased, from Faulkner Circuit and Faulkner Probate. Affirmed; Appellee's Motion to Dismiss Denied. (12 PAGES PUBLISHED) [HTML, WP5.1]

00-686. Vincent Maxwell v. State of Arkansas, from Jefferson Chancery. Court of Appeals Reversed; Chancery Court Affirmed. (5 PAGES PUBLISHED)[ HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-999. James A. Ferguson v. State of Arkansas, from Woodruff Circuit. Affirmed. (23 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-693. Francisco Godinas Barcenas v. State of Arkansas, from Polk Circuit. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

00-579. Stuttgart Regional Medical Center v. John P. Cox, James Shane Jones, Walter T. Cox and State Farm Insurance Company, Inc., from Arkansas Circuit. Reversed and Remanded. (7 PAGES 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, from Pulaski Circuit, First Division. Petition for Writ of Certiorari Denied in Part; Granted in Part. Arnold, C.J., and Glaze, J., dissent. (20 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-517. L. R. Tucker v. Melton Holt, Tax Collector, from Crittenden Circuit. Affirmed. Glaze and Smith, JJ., concur. (10 PAGES PUBLISHED) [HTML, WP5.1]

00-593. Ultracuts Ltd.; Ultracuts Franchises, Inc. v. Wal-Mart Stores, Inc.; Wal-Mart Stores Canada, Inc., from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. Corbin, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

LAVENSKI R. SMITH, JUSTICE:

CR99-323. Willie Green v. State of Arkansas, from Pulaski Chancery, Seventh Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

00-604. Annalee Patterson v. Arkansas Department of Health; Arkansas Insurance Department; Second Injury Trust Fund, from Workers' Compensation Commission. Workers' Compensation Commission Reversed; Court of Appeals Affirmed. (19 PAGES PUBLISHED) [HTML, WP5.1]

00-607. Lila Kay Burnette v. Perkins & Associates, from Garland Chancery. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-145. Larry Wayne Barnes v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Thornton, J., not participating. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-283. William Thompson v. Melba Smith Woodard, from Lincoln Circuit. Affirmed. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

99-475. James W. Robinson v. State of Arkansas, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

00-417. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board, from Chicot Chancery. See substituted opinion on denial of rehearing this date. (7 PAGES PUBLISHED) [HTML, WP5.1]

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

CR00-1310. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Corbin and Thornton, JJ., not participating.

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

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

00-1254. David Glymp and Cecelia Glymp v. Wal-Mart Stores, Inc. and Keller Ladders, Inc., from Pulaski Circuit, Fifth Division. Corbin and Imber, JJ., not participating.

00-1283. Wal-Mart Stores, Inc. v. Bobby Williams, from Cross Circuit. Corbin, J., not participating.

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CR00-1275. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Motion of Robert C. Marquette to withdraw as attorney for appellant. Motion to be submitted with case no. CR00-1259 Roger Allen Hammond v. State of Arkansas.

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

00-1342. Ken Jameson v. Honorable Leon Johnson, Circuit Judge of Pulaski County, and Gil Landers, from Pulaski Circuit, Fifth Division. Petition for writ of mandamus granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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 is denied. Corbin and Brown, JJ., not participating.

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

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

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 substituted per curiam this date. (1 PAGE 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. Motion for stay of mandate is denied.

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. Granted thirty days.

00-1375. Misty Lea Schultz v. Honorable Alice Gray, Judge, from Pulaski Circuit, First Division. Application for temporary relief and petition for stay and for emergency or accelerated hearing. Petition for stay denied. Motion to accelerate granted.

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. Petition for reconsideration is denied.

CA00-780. George L. Seay, Sr. et al. v. First United Bank et al., from Arkansas Chancery, Northern District. Appellants' motion to strike pleading is denied.

00-1407. Don R. Etherly and Earnest Simes v. Honorable Charles H. Eddy, Judge and Phillips County Board of Election Commissioners et al., from Phillips Circuit. Motion for stay denied. Motion for expedited appeal granted. Petition for writ of certiorari granted.

00-1425. Arkansas Game & Fish Commission et al. v. Marsha Sledge et al., from Pulaski Circuit, Second Division. Motion for expedited consideration of application for temporary relief is granted.

00-1425. Arkansas Game & Fish Commission et al. v. Marsha Sledge et al., from Pulaski Circuit, Second Division. Motion for temporary relief staying trial court proceedings pending consideration of the interlocutory appeal on its merits is granted.

00-1425. Arkansas Game & Fish Commission et al. v. Marsha Sledge et al., from Pulaski Circuit, Second Division. Appellees' motion to dismiss appellants' appeal and application for temporary relief is denied.

00-347. Dane Arnell Blunt v. Jerry L. and Vallie J. Cartwright, from Phillips Probate. Motion for extension of time to respond to petition for rehearing is granted.

CR00-60. Lawrence Martin v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion to file over-sized brief and petition to compel Department of Correction to schedule library time. Motion to file over-sized brief moot; motion to compel Department of Correction to schedule library time denied. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-715. Corey Harris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for extension of time to file brief. Motion for extension of time granted. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-741. Enrico Williams v. State of Arkansas, from Hempstead Circuit. Pro se motions for extension of time to file brief and for appointment of counsel. Motions moot; appeal dismissed. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Proposed Amendments to the Procedures Regulating Professional Conduct of Attorneys at Law; and Rules 1.4 and 1.15 of the Model Rules of Professional Conduct. See per curiam this date. (45 PAGES PUBLISHED) [HTML, WP5.1]

CR00-1395. David Lawrence Krueger v. Honorable J. Michael Fitzhugh, Circuit Judge, from Sebastian Circuit, Fort Smith District. Motion to stay proceedings and petition for writ of prohibition. Denied without prejudice. (Proceedings of December 7, 2000)

In the Matter of the Retirement of Judge John Lineberger. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

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

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

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PETITIONS FOR REVIEW:

CR00-1309. Gary Hughes v. State of Arkansas, from Polk Circuit.

CR00-1326. Ronald Jerome Robinson v. State of Arkansas, from Crittenden Circuit.

CR00-1332. Ricky Hites v. State of Arkansas, from Boone Circuit.

00-1308. Elmer L. Mayweather v. Mangum Contracting, Inc., from Workers' Compensation Commission.

00-1325. Jonathan Jordan and Victor Jordan v. Atlantic Casualty Insurance Company, from Pulaski Circuit, Third Division.

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CR00-1189. Mathias George Koch v. State of Arkansas, from Logan Circuit, Northern District. Petition for writ of certiorari to complete the record.

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Motion of Dale E. Adams and Steve Oliver to be relieved as counsel.

CR00-1369. David Jay Upton v. State of Arkansas, from Polk Circuit. Motion for rule on the clerk.

CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion to withdraw as attorney of record for appellant, or in the alternative, motion for authority to proceed as court-appointed counsel for appellant's appeal of order denying Rule 37 petition, and petition for writ of certiorari to complete the record.

00-435. James D. Jackson v. Arkansas Racing Commission, from Pulaski Circuit, Third Division. Motion to strike brief of Oaklawn Jockey Club.

00-446. Conagra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery. Motion of Stephens Inc. to file amicus curiae brief.

00-446. Conagra, Inc. et al. v. Tyson Foods, Inc., from Washington Chancery. Motion of Acxiom Corporation to file amicus curiae brief.

00-990. Patrick Henry Hays, Mayor of the City of North Little Rock et al. v. P. A. Stricklin et al., from Pulaski Circuit, Seventh Division. Appellants' motion to file belated brief.

00-990. Patrick Henry Hays, Mayor of the City of North Little Rock et al. v. P. A. Stricklin et al., from Pulaski Circuit, Seventh Division. Appellees' motion to dismiss appeal.

00-1014. Committee on Professional Conduct v. Patricia Dianne Jacobs, an Original Action. Petition for reciprocal disbarment.

00-1015. Committee on Professional Conduct v. Kenneth Gerald Torrence, an Original Action. Petition for reciprocal disbarment.

00-1181. William Benton et al. v. Helen McClinton Bradley, County and Probate Clerk et al., from Jefferson Circuit. Appellants' motion to incorporate transcript.

00-1297. Mark Steven Cambiano v. James A. Neal, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit. Motion to consolidate records on appeal.

00-1377. Carol Anderson and Michael Davis v. Robert D. Smith and Tina K. Smith, from Cleburne Circuit. Appellees' motion to dismiss appeal.

00-435. James D. Jackson v. Arkansas Racing Commission, from Pulaski Circuit, Third Division. Argued orally.

CR00-481. Joe Michael Copeland v. State of Arkansas, from Sevier Circuit.

CR00-756. Chon Lenell Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.

00-725. Molly M. Howell v. Scroll Technologies, from Workers' Compensation Commission.

DECEMBER 15, 2000

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

00-662. Jack Estridge, Employee v. Waste Management; Transportation Insurance Company; and Second Injury Fund, from Arkansas Workers' Compensation Commission. Reversed. Arkansas Court of Appeals Reversed. Brown, Imber, and Smith, JJ., dissent. (8 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-716. State of Arkansas v. Ryan McCormack, from Pulaski Circuit, First Division. Dismissed. Arnold, C.J., and Glaze and Brown, JJ., dissent. (8 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-724. State of Arkansas v. Bryan Ray Vaughan, from Saline Circuit. Reversed and Dismissed. Arnold, C.J., and Corbin, J., concur. (4 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

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

00-283. Mark Steven Cambiano v. James A. Neal, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit. See substituted opinion on denial of rehearing this date. (15 PAGES PUBLISHED) [HTML, WP5.1]