ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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344 Ark.

Opinions delivered
March 15, 2001


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Brinker v. Forrest City Sch. Dist. No. 7 (Arnold, C.J.) 00-56

Civil procedure -- Res judicata; trial court erred in severing appellee insurance company without requiring that it could be bound by verdict in original trial. [HTML, WP5.1]

Martin v. Equitable Life Assurance Soc'y of the U.S. (Hannah, J.) 00-1051

Limitation of actions -- Insurance policy clearly stated type & term of coverage; cause of action accrued when policy issued; action barred whether limitations for tort or contract applied. [HTML, WP5.1]

Skinner v. State (Per Curiam) CR00-1361

Criminal procedure -- Postconviction relief; pro se status or incarceration not good cause for failure to conform to procedure; petitioner failed to pursue procedural course or to offer good cause; motion for rule on clerk denied. [HTML, WP5.1]

Taylor v. State (Per Curiam) CR01-215

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

APPENDIX

APPOINTMENTS TO COMMITTEES

In Re: Appointments to Ark. CLE Bd. (Per Curiam) [HTML, WP5.1]

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

OPINIONS NOT DESIGNATED FOR PUBLICATION

Ellison v. Dep't of Human Servs., 00-1140 (Per Curiam), Pro Se Motions for Reconsideration of Petition for Writ of Habeas Corpus and to Supplement Record denied March 15, 2001. [HTML, WP5.1]

Hubbard v. State, CR 99-433 (Per Curiam), affirmed March 15, 2001. [HTML, WP5.1]

Robertson v. State, CR 95-17 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Corma Nobis denied March 15, 2001. [HTML, WP5.1]

Russey v. State, CR 00-1376 (Per Curiam), Pro Se Motion for Belated Appeal of Order; treated as motion for rule on clerk and denied March 15, 2001. [HTML, WP5.1]

Seslar v. State, CR 00-1359 (Per Curiam), Pro Se Petition for Writ of Habeas Corpus dismissed March 15, 2001. [HTML, WP5.1]


ORIGINAL SYLLABUS

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

00-56. Overtus Brinker v. Forrest City School District No. 7; Virginia L. Roland; and Southern Farm Bureau Casualty Insurance Company, from St. Francis Circuit. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

00-1051. Larry Cecil Martin v. Equitable Life Assurance Society of the United States, from Ashley Chancery. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR99-433. Alan G. Hubbard v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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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99-1514. Pamela Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellee's motion for continuance. Moot. Motion withdrawn. Corbin, Brown, Imber and Hannah, JJ., not participating.

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

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

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. Substitution of counsel granted.

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. State's motion to strike denied; appellant's request to add fifth argument granted. Clerk to reset briefing schedule.

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. Motion to withdraw denied; extension granted for 90 days to file 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. Final extension granted to April 1, 2001. Failure to comply show cause order may issue.

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. Final extension granted to April 1, 2001. Failure to comply show cause order may issue.

CR01-215. James Andrew Taylor v. State of Arkansas, from Hempstead Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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

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 is denied.

CR95-17. Patrick Robertson v. State of Arkansas, from Jefferson Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error corma nobis. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1359. Thomas R. Seslar v. State of Arkansas, from Carroll Circuit, Eastern District. Pro se petition for writ of habeas corpus. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1361. Mitchell Skinner v. State of Arkansas, from White Circuit. Pro se motion for rule on clerk to lodge record belatedly. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR00-1376. Millard J. Russey v. State of Arkansas, from Clark Circuit. Pro se motion for belated appeal of order. Motion treated as motion for rule on clerk and denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-1140. Kevin Ellison v. Department of Human Services and State of Arkansas, from Phillips Probate. Pro se motions for reconsideration of petition for writ of habeas corpus and to supplement record. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointments to Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Mark Hayes, Esq. of North Little Rock, Sixth Court of Appeals District, Madison "Pat" Aydelott, III, Esq. of Searcy, Second Court of Appeals District, and Jim Rose, III, Esq. of Fayetteville, At-Large, are hereby appointed to the Board of Continuing Legal Education for three-year terms to expire on December 5, 2005.

The court thanks Mr. Hayes, Mr. Aydelott, and Mr. Rose for accepting appointments to this Board.

The court expresses its appreciation to Carolyn Witherspoon, Esq. of Little Rock, Phil Hout, Esq. of Newport, and Pamela Osment, Esq. of Conway, whose terms have expired, for their service as members of this Board.

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

The Honorable John Cole of Malvern and Bob McMahan, Esq., of Little Rock, are reappointed to the Supreme Court Committee on Model Jury Instructions - Criminal for three-year terms to expire on February 28, 2004.

The court thanks Judge Cole and Mr. McMahan for accepting reappointment to this most important committee.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

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

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PETITIONS FOR REVIEW:

CR01-212. Daniel W. Johnson v. State of Arkansas, from Saline Circuit.

CR01-233. John W. Turnage v. State of Arkansas, from Lonoke Circuit.

01-196. Gibson Greetings, Inc. et al. v. Shelly Cooper, from Workers' Compensation Commission.

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CR01-141. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit. Motion to be relieved as counsel for appellant.

CR01-239. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Motion for rule on the clerk.

CR01-241. Shawn Starks v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for rule on the clerk to file petition for review.

CR01-268. Mark Singson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

00-841. State of Arkansas et al. v. Gary Goss, from White Circuit. Certification and motion to practice by comity.

00-1408. Murphy Oil USA, Inc. v. United States Fidelity & Guaranty Company, et al., from Union Circuit. Motion of Insurance Environmental Litigation Association for leave to file amicus curiae brief.

01-105. Opal Wright v. City of Monticello, from Drew Chancery. Motion of Thomas D. Deen to withdraw as counsel for appellant.

SUBMISSIONS

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.

00-858. Crystal Luebbers v. Money Store, Inc. et al., from Benton Circuit. Argued orally.

CR00-921. Richard Hill, Jr. v. State of Arkansas, from Ouachita Circuit.

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

00-1318. Linda Chapman v. Elnora Bevilacqua et al., from Sebastian Chancery, Fort Smith District.

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