Hassell v. State (Per Curiam) CR01-171

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

Huffman v. Fisher (Imber, J.) 00-906

Parent & child -- Change of child's surname; chancellor's decision regarding impact of name change on relationships with parents not error; chancellor did not err in finding that minor child might suffer difficulties if he were to retain surname; chancellor's decision that name change was in child's best interest not clearly erroneous. [HTML, WP5.1]

Hughes v. State (Per Curiam) 00-964

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

In Re: Cashion (Per Curiam) 01-17

Contempt -- Petition of Committee on Professional Conduct granted; Show-cause order issued. [HTML, WP5.1]

In Re: Moyer (Per Curiam) 01-14

Contempt -- Show-cause order issued. [HTML, WP5.1]

In Re: One 1994 Chevrolet Camaro (Imber, J.) 00-241

Criminal law -- Use of vehicle to transport marijuana for purpose of sale; trial court did not err by implicitly finding State met initial burden; trial court erred in ruling that vehicle was not subject to forfeiture; owners failed to meet burden of proof; trial court erred in finding entrapment; reversed & remanded. [HTML, WP5.1]

Lee v. State (Glaze, J.) CR99-1116

Criminal procedure -- Postconviction relief; decisions not to call witnesses and introduce evidence clearly strategic; no basis for Ark. R. Crim. P. 37 relief; unexpected response upon cross-examination of witness not basis for Rule 37 relief; decision not to request change of venue matter of trial strategy; failure to object during closing argument within range of permissible professional legal conduct; failure to raise meritless argument not basis for relief; cumulative error not shown; request for relief denied. [HTML, WP5.1]

Shoemaker v. State (Brown, J.) 00-915

Constitutional law -- Overbreadth; Ark. Code Ann. § 6-17-106(A) failed to proscribe only "fighting words"; statute void for vagueness; legislature went too far in criminalizing undefined insulting or abusive comments by any person to teacher; reversed & dismissed. [HTML, WP5.1]

Stilley v. Young (Thornton, J.) 00-1119

Elections -- Initiative & referendum; appellant's initiative would have violated provisions of constitution & general laws; order of mandamus properly issued. [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Supreme Ct. Comm. on Crim. P. (Per Curiam) [HTML, WP5.1]

Allen v. Cole, CR 00-1186 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 22, 2001. [HTML, WP5.1]

Bunch v. State, CR 00-1360 (Per Curiam), Pro Se Motion to Relieve Counsel and to Stay Appeal denied February 22, 2001. [HTML, WP5.1]

Hearn v. State, CR 00-1257 (Per Curiam), Pro Se Motions for Belated Appeal and Appointment of Counsel denied February 22, 2001. [HTML, WP5.1]

Jackson, Jeffery v. State, CR 00-1147 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment remanded February 22, 2001. [HTML, WP5.1]

Jackson, Wilbert v. State, CR 97-79 (Per Curiam), Motion for Belated Appeal of Order and Appointment of Counsel; treated as motion to reinstate appeal of order and granted February 22, 2001. [HTML, WP5.1]

Koontz v. State, CR 00-975 (Per Curiam), Appellant's Motion for Extension of Time to File Brief moot; reversed and remanded February 22, 2001. [HTML, WP5.1]

Smith v. State, CR 00-1135 (Per Curiam), Pro Se Motions for Belated Appeal and Appointment of Counsel denied February 22, 2001. [HTML, WP5.1]

Thompson v. State, CR 00-01 (Per Curiam), Pro Se Motion for Revision of Criminal Procedure Rule 37 denied February 22, 2001. [HTML, WP5.1]

Williams v. State, CR 94-1059 (Per Curiam), Pro Se Motion for Photocopies at Public Expense denied February 22, 2001. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (23 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-915. Stefany Yvonne Shoemaker v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. (12 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-241. In Re The Matter of One 1994 Chevrolet Camaro; VIN:2G1FP32P2R2211156, from Arkansas Circuit, Northern District. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

00-906. Kara Kathleen Huffman v. John Nicholas Fisher, from Cross Chancery. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-1119. Oscar Stilley v. John R. Young and Freddy Burton, in his official capacity as County Clerk of Saline County, Arkansas, Greg Brown, Margaret Ramsey, and Bob Burks, in their official capacities as County Election Commissioners of Saline County, Arkansas, from Saline Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR00-975. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit. Reversed and Remanded; Appellant's Motion for Extension of Time to File Brief Moot. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

REVIEW DENIED: Petition for review was denied today in the following case.

00-1380. Raymond C. Sweeden et al. v. Farmers Insurance Group et al., from Lonoke Circuit. Imber, J., not participating.

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00-915. Stefany Yvonne Shoemaker v. State of Arkansas, from Benton Chancery. Appellee's motion to dismiss appeal. Moot. See opinion this date.

00-964. Anthony O'Neil Hughes v. State of Arkansas, from Montgomery Chancery. Motion for reconsideration of motion for rule on clerk. Granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-14. In Re: Carl Fredrick Moyer, (Arkansas Bar ID # 90067), an Original Action. Petition of the Supreme Court Committee on Professional Conduct for citation of Carl Fredrick Moyer for contempt of the Arkansas Supreme Court and for other relief. Petition granted. Show cause order issued. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

01-17. In Re: Kelli S. Cashion, (Arkansas Bar ID # 96006), an Original Action. Petition of the Supreme Court Committee on Professional Conduct for citation of Kelli S. Cashion for contempt of the Arkansas Supreme Court and for other relief. Petition granted. Show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-180. Margaret Glasgow v. Arkansas Department of Human Services, Jimmy Glasgow, Minor Child, from Greene Chancery. Motion to dismiss is granted.

CR01-171. William Hassell v. State of Arkansas, from Saline Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-177. Carol Ross v. State of Arkansas, from Perry Circuit. Petition for writ of certiorari to complete the record. Granted until March 1, 2001.

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 is granted.

00-830. Forrest Construction, Inc. v. John and Claudia Milam et al., from Sebastian Chancery, Greenwood District. Appellees' motion for continuance is denied.

00-1448. Columbia Healthcare, Inc. v. Letha Anderson, from Workers' Compensation Commission. Appellee's petition for attorney's fees. Remanded to Court of Appeals.

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 is granted.

00-1478. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, from Desha Circuit, Arkansas City District. Appellant's motion to file a supplemental brief is granted.

CR94-1059. German Woodson Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR97-79. Wilbert Jackson v. State of Arkansas, from Little River Circuit. Motion for belated appeal of order and appointment of counsel. Motion treated as motion to reinstate appeal of order and granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-01. William C. Thompson v. State of Arkansas, from Washington Circuit. Pro se motion for revision of criminal procedure Rule 37. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-1135. Marvin Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for belated appeal and appointment of counsel. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1147. Jeffery Jackson a/k/a/ Jeffrey Jackson v. State of Arkansas, from Grant Circuit. Pro se motion for belated appeal of judgment. Remanded. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1186. Kevin L. Allen v. Honorable John Cole, Judge, from Grant Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-1257. John E. Hearn v. State of Arkansas, from Clark Circuit. Pro se motions for belated appeal and appointment of counsel. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1360. Rodney Bunch v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion to relieve counsel and to stay appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

The Hon. Larry Chandler, Circuit/Chancery Judge, of Magnolia and W.H. Taylor, Esq., of Fayetteville are hereby appointed to our Committee on Criminal Practice for three-year terms to expire on January 31, 2004.

The Court thanks Judge Chandler and Mr. Taylor for accepting appointment to this important Committee.

The Court expresses its gratitude to Judge Gerald Pearson of Jonesboro, a former Chair of the Committee, and Stevan Vowell, Esq., of Berryville, whose terms have expired, for their years of service on the Committee.

PETITIONS FOR REHEARING:

CR00-500. Glenda Buryl Dyer v. State of Arkansas, from Pike Circuit.

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

99-891. NationsBank, N.A. v. Murray Guard, Inc., from Pulaski Circuit, Second Division.

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

00-751. Diane M. Raymond v. Daniel A. Raymond, from Washington Chancery.

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PETITIONS FOR REVIEW:

CR00-1305. Brian Hall v. State of Arkansas, from Pulaski Circuit, Seventh Division.

00-1307. Gladys Hayes v. Wal-Mart Stores, Inc., from Workers' Compensation Commission.

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

CR00-1146. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for belated brief.

CR00-1426. Zachary M. Hutchinson v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CR00-1441. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file supplemental brief.

CR00-1445. Quinton Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to continue time to complete the record.

CR01-97. Carmen Hendrickson Atkinson v. State of Arkansas, from Lonoke Circuit. Motion of John C. Stratford to withdraw as counsel for appellant.

00-990. Patrick Henry Hays, Mayor of North Little Rock et al. v. P.A. Stricklin et al., from Pulaski Circuit, Seventh Division. Appellees' motion for stay of briefing schedule.

00-1051. Larry C. Martin v. The Equitable Life Assurance Society of the United States, from Ashley Chancery. Appellee's motion to correct brief.

00-1063. Eddie Powell et al. v. City of North Little Rock, Arkansas et al., from Pulaski Chancery, Fifth Division. Individual appellees' motion for stay of briefing schedule.

00-1063. Eddie Powell et al. v. City of North Little Rock, Arkansas et al., from Pulaski Chancery, Fifth Division. Separate appellee's motion for stay of briefing schedule.

00-1296. General Motors Corporation v. Honorable Kim M. Smith, Circuit Judge, from Washington Circuit. Motion of petitioner General Motors Corporation to dismiss petition for writ of certiorari.

01-66. John M. Burnett v. State of Arkansas, from Carroll Chancery, Western District. Appellant's motion to dismiss appeal.

01-192. David Dill v. Ryan F. Howe and Allstate Insurance Company, from Pulaski Circuit, Second Division. Motion for rule on the clerk.

CR00-535. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Argued orally.

CR00-1044. Jimmy D. Murray v. State of Arkansas, from Benton Circuit.

00-56. Overtus Brinker v. Forrest City School District No. 7 et al., from St. Francis Circuit.

00-1018. Honorable Donald R. Huffman, Chancellor v. Arkansas Judicial Discipline & Disability Commission, an Original Action.

00-1141. Oscar Stilley v. Maurice Hubbs et al., from Crawford Circuit.

00-1181. William Benton et al. v. Janice Roberts et al., from Jefferson Circuit.