Advance Am. v. Garrett (Arnold, C.J.) 00-1287

Action -- Class action; neither trial court nor appellate court may delve into merits of claim in determining whether requirements of Ark. R. Civ. P. 23 have been met; trial court abused discretion by reaching merits of appellee's underlying claim & rejecting appellant's defenses. [HTML, WP5.1]

Bledsoe v. State (Corbin, J.) CR00-799

Evidence -- Ark. R. Evid. 403; Golden v. State overruled; res gestae exception; trial court did not abuse discretion in admitting evidence of first burglary; trial court's actions did not result in prejudice to appellant. [HTML, WP5.1]

Harris v. City of Little Rock (Corbin, J.) 99-1316

Municipal corporations -- Public finance; ordinance in compliance with Ark. Const. amend. 65 where user fees pledged to repay bonds were revenues from operation "of any governmental unit"; levy of fee; increase in user fees at appellee city's recreational facilities was fair & reasonable. [HTML, WP5.1]

Harshaw v. State (Imber, J.) CR00-1130

Criminal law -- Second-degree murder charge; plea of self-defense put manslaughter in issue; manslaughter instruction was warranted; trial court committed reversible error by failing to give proffered instruction. [HTML, WP5.1]

Jordan v. Atlantic Cas. Ins. Co. (Glaze, J.) 00-1325

Insurance -- Named-driver exclusion clause; not void as against public policy; grant of summary judgment affirmed. [HTML, WP5.1]

Marcum v. Wengert (Hannah, J.) 00-828

Attorney & client -- Attorney's fees; trial court's decision that there were not prevailing parties was error; trial court never exercised discretion to award attorney's fees; reversed & remanded for consideration of whether to award fees. [HTML, WP5.1]

Ray v. State (Thornton, J.) CR00-471

Juveniles -- Challenge to information untimely; denial of appellant's directed-verdict motion affirmed; juvenile prosecuted in circuit court; juvenile code inapplicable to proceedings in circuit court; provisions of Ark. Code Ann. § 9-27-317(g)(2) inapplicable to juveniles in circuit court. [HTML, WP5.1]

Rineco Chem. Indus., Inc. v. Weiss (Brown, J.) 00-763

Taxation -- Sale-for-resale exemption; appellant's payment for disposal of packaged waste material did not constitute sale; denial of manufacturing exemption upheld where packaged waste was not article of commerce. [HTML, WP5.1]

Stevens v. State (Per Curiam) CR00-1338

Attorney & client -- Counsel did not act to protect petitioner's right to appeal; State cannot penalize defendant by declining to hear first appeal where counsel failed to follow mandatory appellate rules; pro se motion for belated appeal treated as one for rule on clerk & granted. [HTML, WP5.1]

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

Appeal & error -- Original opinion in error; supplemental opinion issued to clarify. [HTML, WP5.1]

Coleman v. State, CR 00-414 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted; final extension March 8, 2001. [HTML, WP5.1]

Gaddie v. State, CR 00-1232 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied March 8, 2001. [HTML, WP5.1]

Hyatt v. State, CR 00-1329 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order denied March 8, 2001. [HTML, WP5.1]

King v. State, CR 95-884 (Per Curiam), Pro Se Motion for Photocopies at Public Expense denied March 8, 2001. [HTML, WP5.1]

Leeper v. State, CR 00-852 (Per Curiam), Pro Se Petition for Writ of Certiorari granted; writ of certiorari issued March 8, 2001. [HTML, WP5.1]

Leggins v. State, CR 00-1052 (Per Curiam), Pro Se Motion for Rule on Clerk to File a Belated Brief; denied and appeal dismissed March 8, 2001. [HTML, WP5.1]

Newton v. State, CA CR 99-1293 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied March 8, 2001. [HTML, WP5.1]

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

00-1287. Advance America, Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett, individually and o/b/o a class of similarly situated persons, from Clark Circuit. Reversed and Remanded. Glaze, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-1325. Jonathan Jordan, Victor Jordan, and Dennis Smith v. Atlantic Casualty Insurance Company, from Pulaski Circuit, Third Division. Affirmed. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR00-799. Arthur Bledsoe Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

99-1316. Nora Harris v. City of Little Rock, from Pulaski Chancery, First Division. Affirmed. Glaze, J., concurs in part; dissents in part. Brown and Imber, JJ., concur. Special Justice Norman Mark Klappenbach concurs. Thornton, J., not participating. (12 PAGES + 5-PAGE CONCURRENCE /DISSENT + 6-PAGE CONCURRENCE + 6-PAGE CONCURRENCE + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-763. Rineco Chemical Industries, Inc. v. Richard Weiss, Director of the Department of Finance and Administration of the State of Arkansas, from Saline Chancery. Affirmed. Corbin and Thornton, JJ., dissent. (10 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-1130. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division. Circuit Court Reversed and Remanded, Court of Appeals Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-471. Tony Alan Ray v. State of Arkansas, from Crawford Circuit. Affirmed. Corbin, Brown, and Imber, JJ., dissent. (14 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

00-828. Phi Kappa Tau Housing Corp. v. Matt Wengert, from Washington Circuit. Trial Court Affirmed in Part and Reversed and Remanded in Part; Court of Appeals Affirmed in Part and Reversed in Part. (16 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED. Petition for rehearing was denied today in the following case.

CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. See supplemental opinion this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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. Granted 90 days.

CR00-635. Romey Luther Miles v. State of Arkansas, from Lonoke Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

00-817. James Holt v. Dr. Taylor Dan Wagner, from Saline Circuit. Appellee's motion to reschedule oral argument is granted. Final extension.

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 is granted.

01-172. Barry Emigh v. Mark Pryor, Attorney General, an Original Action. Petition for review. Petition to be submitted as a case; clerk to set briefing schedule.

CR01-213. Ronald Lee Branscum v. Honorable Fred Davis, Judge, from Jefferson Circuit. Petition for writ of prohibition is denied without prejudice to raise issue on appeal.

00-1287. Advance America Cash Advance Centers of Arkansas, Inc. v. Phyllis Garrett, from Clark Circuit. Advance America's motion to withhold ruling pending resolution of appeal No. 00-1080. Moot. Glaze, J., not participating.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file pleadings under seal and/or in redacted form pending further order of the court is denied.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's petition to reinvest jurisdiction in circuit court to consider petition for writ of error coram nobis or, in the alternative, to consider petition for writ of error coram nobis and writ of audita querela. Petition to be submitted as a case.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's petition for writ of error coram nobis and/or for writ of audita querela. Petition to be submitted as a case.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to stay proceedings on appeal of denial of petition under Criminal Procedure Rule 37 and to postpone oral argument pending decision on petition to reinvest jurisdiction in the circuit court, or, in the alternative, to postpone oral argument for ninety days to permit the parties to address at oral argument the issues presented by the petition to reinvest jurisdiction in the trial court is denied.

01-256. John Priller and Sharon Priller v. Honorable David Goodson, Judge, from Craighead Circuit, Western District. Petition for writ of prohibition is denied.

CR95-884. Jimmy L. King v. State of Arkansas, from Miller Circuit. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-414. Derek Charles Coleman v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. Final extension. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-852. Johnny Morris Leeper v. State of Arkansas, from Clark Circuit. Pro se petition for writ of certiorari. Petition granted; writ of certiorari issued. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1052. James Leggins v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for rule on clerk to file a belated brief. Motion denied and appeal dismissed. 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 for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1329. Randy D. Hyatt v. State of Arkansas, from Crawford Circuit. Pro se motion for rule on clerk to proceed with belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1338. Anthony Stevens v. State of Arkansas, from Lonoke Circuit. Pro se motion for belated appeal of judgment. Motion treated as motion for rule on clerk and granted. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CACR99-1293. Jerry L. Newton v. State of Arkansas, from Jefferson Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

00-1430. James Elam v. First Unum Life Insurance Company, from Garland Circuit. (appellant)

00-1467. James Elam v. First Unum Life Insurance Company, from Garland Circuit. (appellee)

01-204. BPS, Inc. et al. v. Jason Parker, from Phillips Circuit.

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01-17. In Re: Kelli S. Cashion (Arkansas Bar ID # 96006). Kelli S. Cashion is ordered to appear and show cause today at 9:00 a.m.

CR99-353. Clay King Smith v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dissolve stay of execution.

CR99-1116. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion for clarification.

CR00-102. Frank Carl Davis v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion of Mark D. Leverett and Rosalyn A. Watts to substitute counsel.

CR00-345. Richard Cox v. State of Arkansas, from Cross Circuit. Appellee's motion to strike appellant's fifth and new argument in substituted abstract and brief.

CR00-1259. Roger Allen Hammon v. State of Arkansas, from White Circuit. Amended motion to withdraw for appointment of new public defender or in the alternative motion for extension of time and brief.

CR01-27. Larry Howard v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to continue the time to complete the record.

CR01-177. Carol Ross v. State of Arkansas, from Perry Circuit. Appellant's motion for extension of time to comply with writ of certiorari to complete the record.

CR01-215. James Andrew Taylor v. State of Arkansas, from Hempstead Circuit. Motion for rule on the clerk.

CR01-234. Jimmy Housley v. State of Arkansas, from Marion Circuit. Appellant's motion for application for bond on appeal.

00-1272. Robert Fewell and Holdingsco, Inc. v. Mike Pickens, Insurance Commissioner for the State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

00-1272. Robert Fewell and Holdingsco, Inc. v. Mike Pickens, Insurance Commissioner for the State of Arkansas, from Pulaski Circuit, Seventh Division. Appellants' motion to strike appellee's reply, or in the alternative, motion for leave to file responsive pleading.

01-170. Joseph Dean et al v. Gene Schieffler et al., from Phillips Circuit. Appellees' motion to supplement the record.

01-227. Valley View School District et al. v. Troutt Brothers, Inc. et al., from Craighead Circuit, Western District. Motion for rule on the clerk.

99-860. AT&T Communications of the Southwest et al. v. Arkansas Public Service Commission et al., from Arkansas Public Service Commission. Argued orally.

00-1051. Larry Cecil Martin v. Equitable Life Assurance Society of the United States, from Ashley Chancery.

00-1221. Mary (Noelker) Freeman v. Con-Agra Frozen Foods, from Workers' Compensation Commission.

00-1279. Robert Fewell et al. v. Mike Pickens, Insurance Commissioner for the State of Arkansas, from Pulaski Circuit, Seventh Division.

01-23. Arkansas Presbytery of the Cumberland Presbyterian Church et al. v. Garry D. Hudson et al., from Pope Chancery.