Opinions delivered
February 15, 2001
Chapman v. State (Arnold, C.J.) CR00-795
Evidence -- Sufficient to exclude innocent-bystander theory; substantial evidence supported appellant's conviction for manufacturing methamphetamine; no abuse of discretion in trial court's admitting list of items seized from appellant's property under business-records exception. [HTML, WP5.1]
City of Cave Springs v. City of Rogers (Corbin, J.) 00-669
Municipal corporations -- No unconstitutional delegation of legislative authority; requirements enumerated in Act 779 of 1999 prohibited arbitrary or discriminatory application of its provisions; landowners properly filed statement with municipality; filing of notice with mayor reasonable. [HTML, WP5.1]
State v. Dawson (Hannah, J.) CR00-935
Appeal & error -- State's appeal; dismissed where State did not demonstrate appeal involved correct & uniform administration of law; circuit court was wholly without jurisdiction to try case de novo; writ of certiorari granted. [HTML, WP5.1]
State v. Lester (Imber, J.) CR00-762
Constitutional law -- Arrest without warrant; prompt probable cause determinations left to states; authority of law enforcement officers to make warrantless arrest for misdemeanor offense extended; statute did not compromise underlying purpose & effectiveness of Ark. R. Crim. P. 4.1 or established Fourth Amendment principles; Act 1515 of 1999 not superseded by Ark. R. Crim. P. 4.1; trial court erred in finding act unconstitutional violation of separation of powers. [HTML, WP5.1]
Stilley v. Makris (Thornton, J.) 00-1102
Elections -- Initiative & referendum; initiated ordinance contrary to state law should not be certified for inclusion on ballot; appellant's initiative would have violated provisions of constitutional & general laws; proposed initiative impaired contractual obligations between county & other entities. [HTML, WP5.1]
Williams v. State (Per Curiam) CR01-74
Appeal & error-- Motion to be relieved as counsel; granted. [HTML, WP5.1]
Wood v. Supreme Court Comm. on Prof'l Conduct (Hannah, J.) 00-1127
Attorney & client -- Interim suspension of attorney; no right to public hearing upon presentation of judgment of conviction; appellant convicted of felony; interim suspension properly imposed & not subject to appeal; dismissed without prejudice. [HTML, WP5.1]
In Re: Arkansas R. Crim. P. 24.3 and 33.3; Supreme Court Rule 1-2 (Per Curiam) [HTML, WP5.1]
Davis v. State, CR 00-1002 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed February 15, 2001. [HTML, WP5.1]
Folk v. State, CR 99-1319 (Per Curiam), Pro Se Motion to Relieve Counsel, to Appoint Other Counsel, and to Proceed in Forma Pauperis on Appeal granted in part and denied in part February 15, 2001. [HTML, WP5.1]
Hall v. Norris, 00-986 (Per Curiam), Pro Se Motion to Dismiss Appeal granted February 15, 2001. [HTML, WP5.1]
Huddleston v. State, CR 00-697 (Per Curiam), Pro Se Motion to Supplement Record moot; Pro Se Motions to Substitute, Supplement, or Amend Abstract denied; appellant directed to submit substituted brief February 15, 2001. [HTML, WP5.1]
Ladwig v. State, CR 00-594 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Points for Reversal denied February 15, 2001. [HTML, WP5.1]
Munson v. State, CR 99-824 (Per Curiam), Pro Se Motion to Expedite Appeal denied February 15, 2001. [HTML, WP5.1]
Pitts v. Post-Prison Transf. Bd., 00-267 (Per Curiam), Pro Se Motion to Withdraw Motion for Rule on Clerk granted in part and denied in part February 15, 2001. [HTML, WP5.1]
Whitfield v. State, CR 99-507 (Per Curiam), affirmed February 15, 2001. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR00-795. David Kelly Chapman v. State of Arkansas, from Cleburne Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L.CORBIN, JUSTICE:
00-669. City of Cave Springs, Arkansas, and the Cave Springs Planning Commission v. City of Rogers, Arkansas, The Reaves Family Limited Partnership, Wayne Simpson and Pat Simpson, Trustees of the Simpson Family Revocable Trust, and Mark Pryor, Attorney General for the State of Arkansas, from Benton Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR00-762. State of Arkansas v Roger Lester, from Pope Circuit. Reversed and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
00-1102. Oscar Stilley v. George A. Makris, Jr. et al., from Jefferson Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
CR00-935. State of Arkansas v. Beatrice Dawson, from Saline Circuit. Direct Appeal Denied; Writ of Certiorari Granted. Brown, J., concurs in part; dissents in part. (12 PAGES + 2-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]
00-1127. Marion Douglas Wood, Jr. v. Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct. Appeal Dismissed Without Prejudice. (5 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR99-507. Charles Whitfield v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
00-948. Pike Avenue Development Co., Inc. v. Pulaski County, Arkansas et al., from Pulaski Circuit, Third Division.
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REVIEW GRANTED: Petition for review was granted today in the following case.
01-32. Michael Pyle v. Brian Sayers, from Union Probate.
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REVIEW DENIED: Petition for review was denied today in the following case.
01-30. Greene County Road Department et al. v. Dewey L. Potter, from Workers' Compensation Commission.
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01-31. Judy Ann Bearden v. Arkansas Department of Human Services, from Saline Circuit. Petition for review is granted upon reconsideration. Clerk to set briefing schedule; mandate recalled.
CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Motion of John L. Kearney to be relieved as attorney for appellant is denied.
01-133. Janetta Kearney v. Honorable John Ward, Circuit Judge, from Pulaski Circuit, Third Division. Petition for writ of in forma pauperis. Petition dismissed.
CR00-635. Romey Luther Miles v. State of Arkansas, from Lonoke Circuit. Motion for extension of time to return writ of certiorari is granted.
CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Motion for extension of time to return writ of certiorari. Granted until March 6, 2001. Corbin, J., not participating.
CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Motion to supplement the record is granted. Glaze, J., would deny.
CR01-74. Jerry Williams v. State of Arkansas, from Garland Circuit. Motion to withdraw as attorney on direct appeal and motion for extension of time is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR01-83. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division. Motion to withdraw as counsel is denied.
CR01-164. Maurice Atkinson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Petition for accelerated hearing granted; application for stay of order for commitment is denied.
CR01-164. Maurice Atkinson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Petition for writ of certiorari, prohibition, mandamus, and for writ of habeas corpus is denied without prejudice.
00-1015. Committee on Professional Conduct v. Kenneth Gerald Torrence, an Original Action. Motion for reconsideration is denied.
01-124. Tim D. Williams v. Don Sellers et al., from Faulkner Chancery. Appellees' motion to dismiss appeal is granted.
CR01-184. Danny Williams v. Honorable Willard Proctor, Jr., from Pulaski Circuit, Fifth Division. Motion to expedite is granted. Glaze, J., not participating. (Proceedings of February 13, 2001).
CR01-184. Danny Williams v. Honorable Willard Proctor, Jr., from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is denied. Glaze, J., not participating. (Proceedings of February 13, 2001).
CR01-184. Danny Williams v. Honorable Willard Proctor, Jr., from Pulaski Circuit, Fifth Division. Petition for writ of prohibition is denied without prejudice. Glaze, J., not participating. (Proceedings of February 13, 2001)
CR99-824. James Munson v. State of Arkansas, from Faulkner Circuit. Pro se motion to expedite appeal. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR99-1319. Herman Folk v. State of Arkansas, from Drew Circuit. Pro se motion to relieve counsel, to appoint other counsel, and to proceed in forma pauperis on appeal. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-594. Larry Ladwig v. State of Arkansas, from Jefferson Circuit. Pro se motion for rule on clerk to file belated points for reversal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-697. John Lee Huddleston v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motions to supplement record and to substitute, supplement, or amend abstract. Motion to supplement record moot; motion to substitute, supplement, or amend abstract denied; appellant directed to submit substituted brief. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-1002. Gary Duane Davis v. State of Arkansas, from Garland Circuit. Pro se motion for extension of time to file brief. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
00-267. Eugene Isaac Pitts v. Post-Prison Transfer Board, from Pulaski Circuit, Third Division. Pro se motion to withdraw motion for rule on clerk. Motion to withdraw motion for rule on clerk granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
00-986. Eugene Hall a/k/a/ Eugene "Yankee" Hall v. Larry Norris, from Jefferson Circuit. Pro se motion to dismiss appeal. Motion to dismiss appeal granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
In Re: Arkansas Rules of Criminal Procedure 24.3 and 33.3; Supreme Court Rule 1-2. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
PETITION FOR REVIEW:
00-1380. Raymond C. Sweeden et al. v. Farmers Insurance Group et al., from Lonoke Circuit.
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CR01-171. William Hassell v. State of Arkansas, from Saline Circuit. Motion for rule on the clerk.
CR01-177. Carol Ross v. State of Arkansas, from Perry Circuit. Petition for writ of certiorari to complete the record.
00-662. Jack Estridge v. Waste Management, Transportation Insurance Company and Second Injury Fund, from Workers' Compensation Commission. Appellant's petition for attorney's fees.
00-830. Forrest Construction, Inc. v. John and Claudia Milam et al., from Sebastian Chancery, Greenwood District. Appellees' motion for continuance.
00-1448. Columbia Healthcare, Inc. v. Letha Anderson, from Workers' Compensation Commission. Appellee's petition for attorney's fees.
00-1478. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, from Desha Circuit, Arkansas City District. Motion of Thomas D. Deen to withdraw as counsel for appellee.
00-1478. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, from Desha Circuit, Arkansas City District. Appellant's motion to file a supplemental brief.
00-1480. Ortho-Neuro Medical Associates v. Tonya M. Jeffrey, from Sebastian Circuit, Fort Smith District. Motion for reconsideration of motion for rule on the clerk.
00-763. Rineco Chemical Industries, Inc. v. Richard Weiss, Director of the Department of Finance and Administration, from Saline Chancery. Argued orally.
CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR00-799. Arthur Bledsoe, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District.
00-241. State of Arkansas v. Matthew David Wood, from Arkansas Circuit, Northern District.
00-846. Yamaha Motor Corporation, U.S.A. v. Richard's Honda Yamaha et al., from Pulaski Circuit, Sixth Division.
00-1136. The City of Fort Smith v. The River Valley Regional Water District, from Crawford Circuit.