Arnold v. Spears (Brown, J.) 00-997

Divorce -- Distribution of marital property; chancellor's determination as to what is marital property does not end at county line; no basis for issuing requested writs of prohibition and certiorari. [HTML, WP5.1]

Culpepper v. The Arkansas State Bd. of Chiropractic Examiners (Arnold, C.J.) 00-177

Administrative law & procedure -- Commercial speech; appellee failed to meet its burden that regulation would directly & materially advance governmental interests asserted; regulation not narrowly tailored to achieve governmental interests& thus invalidated. [HTML, WP5.1]

Greene v. State (Brown, J.) CR96-362

Evidence -- Opinion of victim's wife not relevant mitigating evidence; penalty recommendations from family members of victim are not relevant as victim-impact evidence; primary purpose and effectiveness of Ark. R. Evid. 804(b)(1) was not compromised by Ark. Code Ann. § 5-4-616(a)(4). Supplemental opinion upon denial of rehearing.  (March 8, 2001) [HTML, WP5.1]

Head v. Giles (Arnold, C.J.) 00-111

Civil procedure -- Admissions by appellant could not be used against her in any other proceedings; reversed & remanded where trial court erred in granting summary judgment. [HTML, WP5.1]

Larscheid v. Arkansas Dep't of Human Servs. (Hannah, J.) 00-320

Parent & child -- Termination of parental rights; trial court was not clearly erroneous in finding termination of father's rights in child's best interest; trial court not clearly erroneous in finding denial of adoption in child's best interest. [HTML, WP5.1]

Murphy v. Dumas (Per Curiam) 00-1411

Civil procedure -- Extension of time to filed record void; deadline for filing record missed; appellants relied on extension order of trial court; motion to dismiss appeal denied. [HTML, WP5.1]

Norrell v. Giles (Corbin, J.) 00-117

Civil procedure -- Nonsuit; matters deemed admitted by appellant in first action were of no effect in second action; summary judgment reversed & case remanded for reinstatement of appellant's suit. [HTML, WP5.1]

Pettus v. McDonald (Corbin, J.) 00-960

Jury -- Evidence supported instruction on implied-contract theory; jury allowed to choose between two competing versions of events supported only by speculation; jury's verdict not supported by substantial evidence; failure to establish assignee critical where only cause of action that could lie was breach-of-contract claim between appellants and estate of decedent. [HTML, WP5.1]

Raymond v. Raymond (Glaze, J.) 00-751

Civil procedure -- Statutory service requirements; decree awarding divorce void; appellant never received or waived service of process; signing reconciliation agreement did not constitute compliance with 120-day time period required by Ark. R. Civ. P. 4(i); motion for summary judgment erroneously granted; reversed 7 dismissed. [HTML, WP5.1]

Raynor v. State (Thornton, J.) CR00-785

Criminal law -- Witness never conceded accomplice status; issue of participation in crime as accomplice presented question of fact; trial court appropriately submitted issue to & denied appellant's request for directed verdict. [HTML, WP5.1]

Roberts v. State (Per Curiam) CR01-53

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

Smith v. State (Imber, J.) CR99-353

Criminal procedure -- Death penalty; trial judge was not clearly erroneous finding appellant was competent to waive appeals; juror misconduct; no prejudice demonstrated where appellant failed to prove juror had read newspaper article; probable cause existed to arrest appellant without regard to validity of warrant; sufficiency-of-evidence issue did not fall within scope of first Wicks exception. [HTML, WP5.1]

South Ark. Petroleum Co. v. Schiesser (Glaze, J.) 00-614

Torts -- Malicious prosecution; appellant procured & thereby instituted criminal charges against appellee; sufficient evidence regarding lack of probable cause & owner's improper motive for instituting suit from which jury could conclude that appellant acted maliciously; abuse of process; substantial evidence supported conclusion that appellant used criminal procedure to accomplish ulterior purpose. [HTML, WP5.1]

Upton v. State (Brown, J.) CR00-530

Constitutional law -- Custodial interrogation; Miranda warnings appellant received & waiver executed by appellant were adequate and sufficient; no Fifth Amendment violation found. [HTML, WP5.1]

Williams v. State (Hannah, J.) CR00-520

Evidence -- Modus operandi; trial court erred in allowing prior crime to be introduced where evidentiary similarities were not so unique as to identify appellant as perpetrator of both crimes; trial court did not abuse discretion in denying mistrial. [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure 4, 12, 15, 45, 54, 56, and 78; and Arkansas Rules of Appellate Procedure - Civil 2 and 4 (Per Curiam) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [HTML, WP5.1]

Fields v. State, CR 00-937 (Per Curiam), Pro Se Motion for Rule on Clerk denied February 1, 2001. [HTML, WP5.1]

Hinojosa-Guzman v. State, CR 00-839 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed February 1, 2001. [HTML, WP5.1]

McDonald v. State, CR 00-710 (Per Curiam), Pro Se Motion for Reconsideration of Motions to File Handwritten Brief and to Submit Only One Copy of Brief and Petition for Writ of Certiorari moot February 1, 2001. [HTML, WP5.1]

Miles v. State, CR 00-635 (Per Curiam), Pro Se Motion for Appointment of Counsel and for Appeal Bond to be Set denied February 1, 2001. [HTML, WP5.1]

Morris v. State, CR 89-144 (Per Curiam), Pro Se Motion for Transcript denied February 1, 2001. [HTML, WP5.1]

Waller v. State, CR 00-1029 (Per Curiam), Pro Se Motion to Expedite Ruling on Pleadings denied and appeal dismissed February 1, 2001. [HTML, WP5.1]

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

00-111. Brenda Head v. Wilbur M. Giles, M.D., and Virginia Reciprocal Insurance Company, from Pulaski Circuit, Second Division. Reversed and Remanded. (3 PAGES PUBLISHED) [HTML, WP5.1]

00-177. Dr. Chris Culpepper v. The Arkansas State Board of Chiropractic Examiners, from Pulaski Circuit, Second Division. Reversed. (11 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-614. South Arkansas Petroleum Co., Inc. v. Dana Schiesser, from Drew Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

00-751. Diane M. Raymond v. Daniel A. Raymond, from Washington Chancery. Reversed and Dismissed. Brown, Imber, and Thornton, JJ., dissent. (9 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-117. Jerry Norrell v. Wilbur Giles, M.D., and Virginia Reciprocal Insurance Company, from Pulaski Circuit, Sixth Division. Reversed and Remanded. (4 PAGES PUBLISHED) [HTML, WP5.1]

00-960. Lamar Pettus and the Pettus Law Firm v. James E. McDonald II and Joan Reid, as the Personal Representatives of the Estate of James E. McDonald, Deceased, from Washington Circuit. Reversed and Dismissed. Arnold, C.J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Affirmed. Corbin, J., not participating. (18 PAGES PUBLISHED) Supplemental opinion upon denial of rehearing.  (March 8, 2001) [HTML, WP5.1]

CR00-530. Ricky Lee Upton v. State of Arkansas, from Carroll Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

00-997. Scott Arnold and Mary Arnold v. The Honorable Jim D. Spears, Judge, Division III Chancery Court of Sebastian County, Rhonda J. Reeves and Patrick Shane Reeves, from Sebastian Chancery, Fort Smith District. Petition for Writ of Certiorari Denied. Petition for Writ of Prohibition Denied. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit. Affirmed. (25 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-785. Demarco Raynor v. State of Arkansas, from Lonoke Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-520. Kenneth Williams v. State of Arkansas, from Jefferson Circuit. Affirmed. (19 PAGES PUBLISHED) [HTML, WP5.1]

00-320. Christine C. Larscheid, Steven Larscheid, Jon Moore, Charissa McClendon and Janet Ballard v. Arkansas Department of Human Services, Hanna Jordon McClendon, Minor, from Washington Chancery. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

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

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

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

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

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00-1411. Robert Murphy et al. v. David M. Dumas et ux., from Union Circuit. Appellees' motion to dismiss appeal is denied. See per curiam this date. Glaze, Corbin, and Imber, JJ., dissent. (3 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-80. John Dodge et al. v. Honorable Tom J. Keith, Judge, from Benton Circuit. Petition for writ of mandamus and prohibition. Moot.

CR01-53. Russell Timothy Roberts v. State of Arkansas, from Baxter Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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

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. Motion to be submitted as a separate case. Simultaneous briefs ordered.

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 is granted.

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

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

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

CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Petition for award of attorney's fees is denied.

01-118. Delaney Alexander et al. v. Alma McKinney Davis et al., from Phillips Circuit. Motion

for stay, motion for expedited appeal and petition for writ of certiorari is granted.

01-89. Delaney Alexander et al. v. Alma McKinney Davis et al., from Phillips Circuit. Motion of separate appellant, Delaney Alexander, to supplement the record is granted.

CR89-144. Alvin Edward Morris, Jr. a/k/a Eddie Morris v. State of Arkansas, from Baxter Circuit. Pro se motion for transcript is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-635. Romney Luther Miles v. State of Arkansas, from Lonoke Circuit. Pro se motion for appointment of counsel and for appeal bond to be set. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-710. Bufford McDonald v. State of Arkansas, from Pope Circuit. Pro se motion for reconsideration of motions to file handwritten brief and to submit only one copy of brief and petition for writ of certiorari. Motion for reconsideration moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-839. Apolinar Hinojosa-Guzman v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-937. Charles Fields v. State of Arkansas, from Garland Circuit. Pro se motion for rule on clerk. Motion for rule on clerk denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1029. Romario V. Waller v. State of Arkansas, from Union Circuit. Pro se motion to expedite ruling on pleadings. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure 4, 12, 15, 45, 54, 56, and 78; and Arkansas Rules of Appellate Procedure - Civil 2 and 4. See per curiam this date. (10 PAGES PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

CR01-36. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District.

CR01-37. Karl Anthony Guydon v. State of Arkansas, from Pulaski Circuit, Fourth Division.

00-1447. Gerald Brumley and Ruth Brumley v. Entergy Services, Inc., from Garland Circuit.

01-11. Suzanne H. Crismon v. John S. Crismon, from Pulaski Chancery, Fifth Division.

01-31. Judy Ann Bearden v. Arkansas Department of Human Services, from Saline Circuit.

01-33. Rosemary Conville v. John D. Conville, from Faulkner Chancery.

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CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as attorney for appellant.

CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Pro se motion to relieve John Kearney and appoint other counsel.

CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Motion to declare appellant an indigent.

CR00-1333. Ike Jones v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR01-74. Jerry Williams v. State of Arkansas, from Garland Circuit. Motion for rule on the clerk.

CR01-95. Raymond Sanders v. State of Arkansas, from Grant Circuit. Petition for writ of certiorari to complete the record.

00-1080. Advance America, Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett, from Clark Circuit. Advance America's motion to provide supplemental authority.

01-75. Larry Lee Clinkscales v. Marivel Clinkscales (Nickell), from Washington Chancery. Motion for rule on the clerk.

01-85. Roy Helton et al. v. Arlanda Jacobs et al., from Phillips Circuit. Appellees' motion to dismiss appeal.

01-90. Hosea Knowlton v. Honorable Baird Kinney, Chancery Judge, from Phillips Chancery. Motion for stay, petition for writ of certiorari, prohibition or mandamus.

01-125. Maxine Miller et al. v. Arlanda Jacobs, from Phillips Circuit. Motion for stay and expedited appeal.

CR99-83. Alvin B. Jackson v. State of Arkansas, from Jefferson Circuit.

CR00-935. State of Arkansas v. Beatrice Dawson, from Saline Circuit.

00-568. Kimberly Dawn Lloyd et al. v. Michael D. Butts, from Craighead Chancery, Western District.

00-669. City of Cave Springs et al. v. City of Rogers et al., from Benton Circuit.

00-744. Michael Ferguson et al. v. Kroger Company, from Pulaski Circuit, First Division.

00-906. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery.

00-1102. Oscar Stilley v. George A. Makris, Jr. et al., from Jefferson Circuit.