Opinions delivered
March 1, 2001
Benton v. Bradley (Thornton, J.) 00-1181
Elections -- Procedure for contesting eligibility of & removing candidate; issue could have been presented prior to election; issue not moot. [HTML, WP5.1]
Britt v. State (Imber, J.) CR00-535
Criminal procedure -- Arrest; trial court did not err in denying motion to suppress & in finding appellant was afforded reasonable-cause determination within forty-eight hours of arrest; no error in trial court's refusal to instruct jury on manslaughter & second-degree murder. [HTML, WP5.1]
City of Fort Smith v. River Valley Reg'l Water Dist. (Hannah, J.) 00-1136
Waters -- Establishment of water districts; concrete plan identifying particular water source not required; two potential sources provided; Regional Water Distribution Act authorized formation of district to evaluate options for possible water-supply sources; trial court's finding in response to mandate not clearly erroneous; municipalities not prohibited from being contained within boundaries of regional water districts; trial court was not clearly erroneous in finding that creation of water district was necessary and in best interest of people residing in district. [HTML, WP5.1]
Murray v. State (Brown, J.) CR00-1044
Judgment -- Notations on summons sufficed as docket entry; filing of manilla folder did not constitute docket entry; appeal filed outside thirty-day time limit; circuit court properly dismissed appeal. [HTML, WP5.1]
Ortho-Neuro Med. Assoc. v. Jeffrey (Per Curiam) 00-1480
Attorney& client -- Counsel's petition bordered on recklessness & disrespectfulnes; matter referred to professional conduct committee. [HTML, WP5.1]
Stilley v. Hubbs (Glaze, J.) 00-1141
Attorney & client -- Initiative-petition issue involved justiciable issue; circuit court's award of attorney's fees reversed; sanction may be appropriate; show-cause order issued. Supplemental opinion imposing Rule 11 sanctions. (March 22, 2001) [HTML, WP5.1]
Wal-Mart Stores, Inc. v. Londagin (Thornton, J.) 00-1083
Evidence -- Ark. R. Crim. P. 408; trial court did not abuse discretion in allowing introduction of evidence of appellant's efforts to satisfy appellee's claim; trial court did not err in finding no substantial evidence of negligence or in directing verdict in appellee's favor. [HTML, WP5.1]
Yamaha Motor Corp., U.S.A. v. Richard's Honda Yamaha (Thornton,
J.) 00-846
Motor vehicles -- Addition of motor vehicle dealer; legislature intended to exclude dealers of motorcycles & ATV's from notice & hearing requirement of Ark. Code Ann. § 23-12-311(a); allowing appellee Commission's executive director to testify regarding Commission's intent in proposing & legislature's intent i adopting Act 1154 of 1997 was erroneous; appellee Commission lacked jurisdiction to consider appellee's challenges to appellant's request to establish new dealership; reversed & remanded. [HTML, WP5.1]
In Re: Supreme Court Committee on Child Support (Per Curiam) [HTML, WP5.1]
Brown v. State, CR 00-1190 (Per Curiam), Pro Se Motion for Belated Appeal of Order dismissed March 1, 2001. [HTML, WP5.1]
Cloird v. Reed, CR 00-166 (Per Curiam), Pro Se Motion to Process Appeal as a Petition for Writ of Certiorari denied March 1, 2001. [HTML, WP5.1]
Hunes v. State, CR 81-74 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis denied March 1, 2001. [HTML, WP5.1]
Neal v. Norris, CR 00-30 (Per Curiam), Pro Se Motions to Amend Addendum and to File Supplemental Argument moot; appeal dismissed March 1, 2001. [HTML, WP5.1]
Smith v. State, 00-358 (Per Curiam), Pro Se Motion for Reconsideration denied March 1, 2001. [HTML, WP5.1]
Tucker v. State, CR 00-1169 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed March 1, 2001. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
00-1141. Oscar Stilley v. Maurice Hubbs; Robert Garner; Patti Hill, in her official capacity as County Clerk of Crawford County, Arkansas; Kenneth Chitwood, Bill Coleman, and Helen Campbell, in their official capacities as County Election Commissioners of Crawford County, Arkansas, from Crawford Circuit. Affirmed in Part; Reversed in Part; Order Issued to Show Cause. (7 PAGES PUBLISHED) Supplemental opinion imposing Rule 11 sanctions. (March 22, 2001) (2 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR00-1044. Jimmy D. Murray v. State of Arkansas, from Benton Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR00-535. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
00-846. Yamaha Motor Corporation, U.S.A. v. Richard's Honda Yamaha; North Little Rock Yamaha; and Arkansas Motor Vehicle Commission, from Pulaski Circuit, Sixth Division. Reversed and Remanded. (14 PAGES PUBLISHED) [HTML, WP5.1]
00-1083. Wal-Mart Stores, Inc. v. Johnny Londagin, Sue Londagin, and Laura Perkins, from Benton Circuit. Affirmed. Arnold, C.J., dissents. Corbin, J., not participating. (13 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
00-1181. William Benton and Meigs R. Brainard v. Helen McClinton Bradley, County and Probate Clerk of Jefferson County, Arkansas, Board of Election Commissioners, Trey Ashcraft, Chairman of the Majority Party, Wayne Easterly, Secretary, Anne E. McClaran, Commissioner, Taylor Eubank, Executive Director, and Waymond Brown, from Jefferson Circuit. Dismissed. (2 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
00-1136. The City of Fort Smith, Arkansas v. The River Valley Regional Water District, from Crawford Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
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. Glaze and Imber, JJ., not participating.
99-891. NationsBank, N.A. v. Murray Guard, Inc., from Pulaski Circuit, Second Division. Glaze and Imber, JJ., not participating. Thornton and Hannah, JJ., would grant.
00-960. Lamar Pettus v. James E. McDonald, II, from Washington Circuit. Arnold, C.J., not participating.
00-751. Diane M. Raymond v. Daniel A. Raymond, from Washington Chancery.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
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. Corbin, J., not participating.
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00-1480. Ortho-Neuro Medical Associates v. Tonya M. Jeffrey, from Sebastian Circuit, Fort Smith District. Motion for rehearing on motion for rule on the clerk. Petition denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
CR00-988. Sherwood Gooch v. State of Arkansas, from Prairie Circuit, Northern District. Appellee's motion to dismiss appeal is granted.
CR00-1146. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for belated brief is granted.
CR00-1426. Zachary M. Hutchinson v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.
CR00-1441. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to file supplemental brief is granted.
CR00-1445. Quinton Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to continue time to complete the record. Granted to March 10, 2001.
CR01-97. Carmen Hendrickson Atkinson v. State of Arkansas, from Lonoke Circuit. Motion of John C. Stratford to withdraw as counsel for appellant is denied.
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. Granted to March 30, 2001. Final extension.
00-1051. Larry C. Martin v. The Equitable Life Assurance Society of the United States, from Ashley Chancery. Appellee's motion to correct brief is granted.
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. Granted to March 30, 2001. Final extension.
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. Granted to March 30, 2001. Final extension.
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 is granted.
01-66. John M. Burnett v. State of Arkansas, from Carroll Chancery, Western District. Appellant's motion to dismiss appeal is granted.
01-192. David Dill v. Ryan F. Howe and Allstate Insurance Company, from Pulaski Circuit, Second Division. Motion for rule on the clerk is denied. Imber, J., not participating.
00-830. Forrest Construction, Inc. v. John and Claudia Milam et al., from Sebastian Chancery, Greenwood District. Appellee's motion for reconsideration of motion to continue oral argument is granted.
CR81-74. Cardell Hunes v. State of Arkansas, from Pulaski Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-30. Ricky L. Neal v. Larry Norris, from Jefferson Circuit. Pro se motions to amend addendum and to file supplemental argument. Motions moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-166. Gary T. Cloird v. M. D. Reed, Warden, from Lincoln Circuit. Pro se motion to process appeal as a petition for writ of certiorari. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-1169. Robert Earl Tucker v. State of Arkansas, from Jefferson 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]
CR00-1190. Patrick Brown v. State of Arkansas, from Columbia Circuit. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
00-358. Dawney Smith v. State of Arkansas, from Jefferson Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
IN RE: SUPREME COURT COMMITTEE ON CHILD SUPPORT. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
The Honorable Kathleen Bell of West Helena, James Barnhill, Esq., of Little Rock, and Jean Carter, Attorney at Law, of Little Rock, are hereby reappointed to the Supreme Court Committee on Child Support. These are four-year terms that will expire on November 30, 2004.
The Court thanks Judge Bell, Mr. Barnhill, and Ms. Carter for accepting reappointment to this most important Committee.
PETITION FOR REHEARING:
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit.
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PETITION FOR REVIEW:
01-201. Alvin Ray White v. Gregg Agricultural Enterprises, from Workers' Compensation Commission.
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CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Motion for stay of mandate in order to petition for writ of certiorari.
CR00-635. Romey Luther Miles v. State of Arkansas, from Lonoke Circuit. Petition for writ of certiorari to complete the record.
99-1514. Pamela Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellee's motion for continuance.
00-817. James Holt v. Dr. Taylor Dan Wagner, from Saline Circuit. Appellee's motion to reschedule oral argument.
00-1128. Richard A. Barclay, Director et al. v. First Paris Holding Company, from Pulaski Chancery, First Division. Motion and amended motion of the Arkansas Community Bankers Association et al. to file amicus curiae brief.
01-172. Barry Emigh v. Mark Pryor, Attorney General, an Original Action. Petition for review.
CR00-565. Steven Scott Bader v. State of Arkansas, from Benton Circuit. Argued orally.
00-828. Phi Kappa Tau Housing Corporation et al. v. Matt Wengert et al., from Washington Circuit. Argued orally.
CR00-1130. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division.
00-1287. Advance America et al. v. Phyllis Garrett, from Clark Circuit.
00-1325. Jonathan Jordan et al. v. Atlantic Casualty Insurance Company, from Pulaski Circuit, Third Division.
00-1331. Duretha Loewer et al. v. Cla-Cliff Nursing and Rehab Center Inc., from Monroe Circuit.