Berger v. State (Glaze, J.) CR00-210

Evidence -- Pedophile exception to Ark. R. Evid. 404(b); language "another child in same household" not always used; "same household" language not strictly interpreted; pedophile exception properly applied; testimony of prior victims relevant to show proclivity toward sexual acts with children. [HTML, WP5.1]

Chamberlin v. State Farm Mut. Auto. Ins. Co. (Arnold, C.J.) 99-191

Insurance -- Parties free to contract on terms; agreement will be enforced as written;owned-but-not-insured exclusion; trial court did not err in finding valid; trial court did not err in finding appellee entitled to summary judgment. [HTML, WP5.1]

Dyer v. State (Corbin, J.) CR00-500

Criminal law -- Conspiracy; trial court did not err in finding prima facie evidence of conspiracy between appellant & hit man to kill victim; trial court did not abuse discretion in finding statements made in furtherance of conspiracy to kill appellant's husband; trial court did not abuse discretion in denying continuance where appellant failed to show prejudice; intent or state of mind; threats made prior to homicide are admissible to establish motive & ill will; evidence of other acts; trial court did not abuse discretion in ruling that probative value was not substantially outweighed by danger of prejudice. [HTML, WP5.1]

Knight v. Day (Arnold, C.J.) 00-731

Fraud -- Constructive fraud; can exist in cases of rescission of contracts or deeds & breaches of fiduciary duties; trial court did not err in finding appellants failed to prove. [HTML, WP5.1]

NationsBank, N.A. v. Murray Guard, Inc. (Corbin, J.) 99-891

Negligence -- No error in trial court's refusal to combine fault of appellee and fault of tenant; evidence of fire safety relevant; evidence of lease agreement properly admitted; expert witness properly allowed to testify about national fire standards. [HTML, WP5.1]

Ortho-Neuro Med. Assoc. v. Jeffery (Per Curiam) 00-1480

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

Terry v. Lock (Thornton, J.) 00-818

Property -- Categories of found property discussed; trial court classified property as mislaid; finding not clearly erroneous; mislaid property belonged to owner of premises. [HTML, WP5.1]

In Re: Appointment of Counsel in Criminal Cases (Per Curiam) [HTML, WP5.1]

In Re: Appointment to Supreme Court Committee on Automation (Per Curiam) [HTML, WP5.1]

Brown v. Beck, 00-270 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief moot; appeal dismissed January 25, 2001. [HTML, WP5.1]

Ford v. State, CR 88-96 (Per Curiam), Pro Se Motion for Photocopy at Public Expense denied January 25, 2001. [HTML, WP5.1]

Gaddie v. State, CR 00-1232 (Per Curiam), Pro Se Motion to Expedite Consideration of Motion for Belated Appeal of Order denied January 25, 2001. [HTML, WP5.1]

Hussey v. State, CR 00-745 (Per Curiam), affirmed; Appellee's Motion to Strike a Portion of Appellant's Abstract moot January 25, 2001. [HTML, WP5.1]

McGhee v. State, CR 99-554 (Per Curiam), Pro Se Motion to File Belated Reply Brief denied January 25, 2001. [HTML, WP5.1]

Ragsdale v. State, CR 00-704 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment; Appellant's Claim of Indigency denied January 25, 2001. [HTML, WP5.1]

Weaver v. State, CR 00-938 (Per Curiam), Pro Se Motion for Belated Appeal of Postconviction Order treated as Motion for Rule on Clerk and denied January 25, 2001. [HTML, WP5.1]

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

99-191. Anita June Chamberlin v. State Farm Mutual Automobile Insurance Company, from Pulaski Circuit, Third Division. Affirmed. Special Justices Keith Wood and William Lavender join. Corbin, Thornton, and Hannah, JJ., dissents. Glaze and Imber, JJ., not participating. (11 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-731. Mary M. Knight, Individually; and Knight Counseling, Inc. v. William Day, An Individual, from Washington Circuit. Affirmed. Glaze, J., dissents. (8 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-210. Russell Berger v. State of Arkansas, from Faulkner Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR00-500. Glenda Buryl Dyer v. State of Arkansas, from Pike Circuit. Affirmed. (17 PAGES PUBLISHED) [HTML, WP5.1]

99-891. NationsBank, N.A. v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Affirmed. Special Justices Joseph P. Mazzanti III and Frank H. Bailey join. Arnold, C.J., and Thornton and Hannah, JJ., dissent. Glaze and Imber, JJ., not participating. (12 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-818. Joe Terry and David Lee Stocks v. A. D. Lock, Lock Hospitality, Inc., Greg Entler, John Doe I, John Doe II, and John Doe III, from Faulkner Chancery. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR00-745. Darryl Hussey a/k/a Daryl Desha Hussey v. State of Arkansas, from Drew Circuit. Affirmed; Appellee's Motion to Strike a Portion of Appellant's Abstract Moot. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

00-1478. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, from Desha Circuit, Arkansas City District.

******************************

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

CR00-1479. Jack Blagg, Jr. v. State of Arkansas, from Sebastian Circuit, Greenwood District.

00-1469. Elizabeth Hogan v. Brenda Holliday, from Union Circuit.

00-1484. Jay B. Breslau et al. v. Mitchell S. McAlister, M.D. and Northwest Arkansas Clinic for Women, from Washington Circuit.

*****************************

00-1480. Ortho-Neuro Medical Associates et al. v. Tonya M. Jeffery, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk is denied. See per curiam this date. Thornton, J., would grant. (1 PAGE PUBLISHED) [HTML, WP5.1]

CA00-940. Shelidra Williams v. Arkansas Department of Human Services, from Pulaski Chancery, Juvenile Division. Motion for certification to the Supreme Court is denied.

CR99-492. Robert Gordon v. State of Arkansas, from Marion Circuit. Appellant's motion to advance is granted.

CR00-988. Sherwood Gooch v. State of Arkansas, from Prairie Circuit, Northern District. Motion to file belated brief and rule on the clerk is granted.

CR00-988. Sherwood Gooch v. State of Arkansas, from Prairie Circuit, Northern District. Appellee's motion to dismiss appeal is denied.

CR00-1316. Gregory Deon Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for extension of time to return writ of certiorari is granted. Final extension.

CR01-27. Larry Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record. Granted 30 days.

01-47. Tri-State Delta Chemicals, Inc. v. Nelson Crow et al., from Desha Circuit, Arkansas City District. Appellees' motion to dismiss appeal. Motion to be submitted with case.

CR99-1060. Damien Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for oral argument is granted.

CR88-96. Lepolian Ford a/k/a Leopolian Ford v. State of Arkansas, from Pulaski Circuit. Pro se motion for photocopy at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-554. Monroe McGhee v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion to file belated reply brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-704. Danny Lee Ragsdale v. State of Arkansas, from Greene Circuit. Pro se motion for belated appeal of judgment. Appellant's claim of indigency denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-938. Pierre L. Weaver v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for belated appeal of postconviction order. Motion treated as motion for rule on clerk and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1232. Charles Gaddie v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion to expedite consideration of motion for belated appeal of order. Motion to expedite denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

00-270. Elizabeth Gammon Brown v. Bruce Beck, Warden, from Jackson Circuit. Pro se motion for extension of time to file reply brief. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-92. Raphel Jerome Cherry v. State of Arkansas, from Pulaski Circuit, First Division. Motion to expedite granted; petition for writ of prohibition is denied without prejudice. (Proceedings of January 23, 2001)

CR01-109. Shane Daughtery v. State of Arkansas, from Pulaski Circuit, First Division. Motion to expedite granted; petition for writ of prohibition is denied without prejudice. (Proceedings of January 24, 2001)

In Re: Appointment of Counsel in Criminal Cases. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Because appellants in criminal cases are entitled to counsel on direct appeal from a judgment of conviction, this Court on occasion must appoint attorneys to represent indigent appellants. Attorneys who are desirous of such appointments should register with Sue Newbery, Criminal Justice Coordinator, Arkansas Supreme Court, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201. Counsel will be paid a fee after determination of case, upon a proper motion.

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

Reed R. Edwards, Esq., of Little Rock is hereby appointed to the Committee on Automation for a three-year term to expire on October 31, 2003. Margaret M. Newton, attorney-at-law, of Little Rock is reappointed to the Automation Committee for a three-year term to expire on October 31, 2003.

The Court thanks Mr. Edwards and Ms. Newton for their willingness to serve on this most important Committee. The Court expresses its gratitude to the Honorable David Bogard, whose term has expired, for his dedicated service to the Committee.

PETITIONS FOR REVIEW:

CR00-1441. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR01-28. Walatha Love v. State of Arkansas, from Crittenden Circuit.

00-1401. Tiffany Amelia Dinkins v. Arkansas Department of Human Services, from Ashley Chancery.

00-1422. Columbia Health Care, Inc. v. Letha Anderson, from Workers' Compensation Commission. (appellant)

00-1448. Columbia Health Care, Inc. v. Letha Anderson, from Workers' Compensation Commission. (appellee)

*****************************

CR01-53. Russell Timothy Roberts v. State of Arkansas, from Baxter Circuit. Motion for rule on the clerk.

00-1269. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery. Appellants' motion to file supplemental brief.

00-1269. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery. Appellee's motion to file supplemental brief.

01-9. Orma Jean Moon and Bobby J. Moon v. Jim C. Citty, M.D., Arkansas Health Group d/b/a Searcy Medical Center, from White Circuit. Appellees' motion to dismiss appeal.

01-9. Orma Jean Moon and Bobby J. Moon v. Jim C. Citty, M.D., Arkansas Health Group d/b/a Searcy Medical Center, from White Circuit. Appellants' motion to supplement the partial record.

01-56. Wanda Jones v. Charles W. Jones, from Montgomery Circuit. Motion for rule on the clerk.

01-89. Delaney Alexander et al. v. Alma McKinney Davis et al., from Phillips Circuit. Appellees' motion to dismiss appeal.

01-89. Delaney Alexander et al. v. Alma McKinney Davis et al., from Phillips Circuit. Appellants' motion to supplement the record.

00-614. South Arkansas Petroleum Co., Inc. et al. v. Dana Schiesser, from Drew Circuit. Argued orally.

CR00-530. Ricky Upton v. State of Arkansas, from Carroll Circuit, Western District.

CR00-762. State of Arkansas v. Roger Lester, from Pope Circuit.

CR00-785. Demarco Raynor v. State of Arkansas, from Lonoke Circuit.

00-111. Brenda Head v. Wilbur Giles, M.D. et al., from Pulaski Circuit, Second Division.

00-117. Jerry Norrell v. Wilbur Giles, M.D. et al., from Pulaski Circuit, Sixth Division.

00-320. Christine C. Larscheid et al. v. Arkansas Department Of Human Services et al., from Washington Chancery.