ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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343 Ark.

Opinions delivered
January 11, 2001


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Jackson v. Arkansas Racing Comm'n (Arnold, C.J.) 00-435

Racing -- Horse racing; Commission's decision to impose sanctions supported by evidence; possession of electrical device was sufficient to sustain sanctions; appellant failed to prove that Commission's actions were arbitrary or capricious. [HTML, WP5.1]

Pre-Paid Solutions, Inc. v. City of Little Rock (Corbin, J.) 00-794

Gaming -- Slot machines; appellant's machines gambling devices pursuant to statute; finding of trial court affirmed. [HTML, WP5.1]

Langley v. State (Imber, J.) CACR00-868

Statutes -- Filing fee authorized by statute; motion for refund of filing fee denied. [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

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


ORIGINAL SYLLABUS

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

00-435. James D. Jackson v. Arkansas Racing Commission, from Pulaski Circuit, Third Division. Affirmed. Special Justices Paul Gean, Lee Fergus and W. H. Dillahunty concur. Glaze, Imber, Thornton, and Hannah, JJ., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-794. Pre-Paid Solutions, Inc., and Grady Bowers v. City of Little Rock; Larry Jegley, Pulaski County Prosecuting Attorney; and Randy Johnson, Pulaski County Sheriff, from Pulaski Circuit, Seventh Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CACR00-868. Michelle Elayne Langley v. State of Arkansas, from White Circuit. Motion for Refund of Filing Fee. Motion Denied. (3 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

00-1269. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery.

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

CR00-1353. Theo Hoover v. State of Arkansas, from Pike Circuit.

00-1344. James E. Wilmans, Jr. v. Guilford M. Dudley and Retha J. Dudley, from Jackson Chancery.

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00-435. James D. Jackson v. Arkansas Racing Commission, from Pulaski Circuit, Third Division. Motion to strike brief of Oaklawn Jockey Club is denied. See opinion this date. Glaze, Imber and Thornton, JJ., not participating.

CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Entry of appearance, motion to substitute counsel, and request for extension of time for filing of appellant's brief. Granted.

CR00-616. Carroll Eugene Spillers v. State of Arkansas, from Pulaski Circuit, First Division. Motion of Steven Risher to be relieved as attorney for appellant is granted.

CR00-815. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

CR00-1250. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit. Appellant's motion to file supplemental brief is granted.

CR00-1250. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit. Motion for substitution of counsel is granted.

CR00-1310. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file supplemental brief is granted.

CR00-1310. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Appellee's motion to file supplemental brief is granted.

CR00-1445. Quinton Lee Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record. Granted 30 days.

99-860. AT&T Communications of the Southwest, Inc. et al. v. Arkansas Public Service Commission et al, from Public Service Commission. Appellees' motion to reschedule oral argument is granted. Brown and Thornton, JJ., not participating.

00-858. Crystal Luebbers v. Money Store, Inc. et al., from Benton Circuit. Petition for admission pro hac vice is denied. See Rule 14 of the Rules Governing Admission to the Bar.

00-1080. Advance America, Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett et al., from Clark Circuit. Motion of AARP to file amicus curiae brief on behalf of appellees. Motion to be submitted with case.

00-1080. Advance America, Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett et al., from Clark Circuit. Motion of Sharon McGhee et al. to file amicus curiae brief. Motion to be submitted with case.

00-1080. Advance America, Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett et al., from Clark Circuit. Advance America's motion to strike amicus curiae brief of Sharon McGhee et al. Motion to be submitted with case.

00-1080. Advance America, Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett et al., from Clark Circuit. Advance America's motion to strike amicus curiae brief of AARP. Motion to be submitted with case.

00-1221. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission. Appellee's motion to file supplemental brief is granted.

00-1285. Fayetteville Diagnostic Clinic, Ltd. v. Dyanna Turner, from Washington Circuit. Appellant's motion to file supplemental brief is granted.

00-1296. General Motors Corporation v. Honorable Kim Smith, Circuit Judge, from Washington Circuit. Motion for reconsideration is denied.

00-1416. David Ennis v. Toyota Motor Sales USA, Inc., from Pope Circuit. Appellee's motion to dismiss appeal is granted.

00-1423. Pat Winter v. J. W. Hendrix, from Searcy Circuit. Motion for rule on the clerk is denied.

00-1443. Jane Henley et al. v. Honorable Robert W. McCorkindale II, Judge, from Boone Circuit. Petition for writ of prohibition is granted.

CA00-808. Jacob Van Pelt v. Sharon Van Pelt, from Pulaski Chancery, Sixth Division. Appellant's motion to certify to the Supreme Court is denied. Imber, J., not participating. 

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

In accord with our per curiam order of September 30, 1999, we make the following appointment to the Arkansas State Board of Law Examiners.

Carolyn Witherspoon, Second Congressional District, is appointed to the State Board of Law Examiners for a five (5) year term ending September 30, 2005. She replaces the Honorable Wiley Branton, Jr.

The Court extends its appreciation to Carolyn Witherspoon for her acceptance of appointment to this Board.

The Court conveys its gratitude to Judge Branton for his seven years of dedicated and faithful service to the Arkansas State Board of Law Examiners.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

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PETITIONS FOR REVIEW:

CR00-1442. Christopher Dootson v. State of Arkansas, from Benton Circuit.

00-1362. Jim Gallion v. Nationwide Insurance Company, from Craighead Circuit, Western District.

00-1386. Sarah Ellison v. Therma Tru, from Workers' Compensation Commission.

00-1440. Superior Industries et al. v. William Thomaston, from Workers' Compensation Commission.

00-1446. Northwest Arkansas Recovery, Inc. et al. v. Tom Lockhart, from Washington Circuit.

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CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for stay of mandate pending writ of certiorari to the United States Supreme Court.

CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Petition for writ of certiorari to complete the record.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Appellee's motion for extension of time to return writ of certiorari.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellant's motion for additional time to file brief.

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Motion to stay briefing schedule.

CR01-7. Devin Jones v. Honorable John W. Langston, Judge, from Pulaski Circuit, Fourth Division. Petition for temporary and permanent writs of prohibition.

00-846. Yamaha Motor Corporation, U.S.A. v. Richard's Honda Yamaha, from Pulaski Circuit, Sixth Division. Motion for oral argument.

00-1480. Ortho-Neuro Medical Associates et al. v. Tonya M. Jeffery, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk.

SUBMISSIONS

99-191. Anita June Chamberlin v. State Farm Mutual Auto Insurance Company, from Pulaski Circuit, Third Division. Argued orally.

00-818. Joe Terry et al. v. A. D. Lock et al., from Faulkner Chancery.

00-827. Dr. Paul Ramirez et al. v. Honorable William P. Mills, Judge, from White Circuit.

00-840. Johnny Stuart v. Arkansas Water Well Construction Commission et al., from Lawrence Circuit.

00-948. Pike Avenue Development Company, Inc. v. Pulaski County, Arkansas et al., from Pulaski Circuit, Third Division.

00-960. Lamar Pettus et al. v. James E. McDonald, II et al., from Washington Circuit.

00-997. Scott Arnold et al. v. Honorable Jim D. Spears, Judge, from Sebastian Chancery, Fort Smith District.