AT&T Communications of the Southwest, Inc. v. Arkansas Pub. Serv. Comm'n (Glaze, J.) 99-860

Public Service Commission -- Appellant failed to sufficiently develop constitutional issues; argument not preserved for review; objections to order must be urged before Commission in application for rehearing; Commission's interpretation of Act 77 of 1977 was fair & reasonable; Commission handed down conflicting decisions concerning test year; reversed & remanded. [HTML, WP5.1]

Bader v. State (Thornton, J.) CR00-565

Judges -- Questions regarding religious preferences of jurors were not plainly appropriate; no abuse of trial court's discretion found in limiting scope of voir dire; appellant without standing to challenge constitutionality of contract. [HTML, WP5.1]

Chapman v. Bevilacqua (Hannah, J.) 00-1318

Taxation -- Illegal exaction; any "interested" citizen has standing to bring suit; appellant had standing to challenge intervenor City's expenditure of general fund monies to pay salaries of employees who spent minimal amount of time writing checks for federal program; no illegal exaction occurred where expenditures were not unconstitutional. [HTML, WP5.1]

Dinkins v. Arkansas Dep't of Human Servs. (Glaze, J.) 00-1401

Parent & child -- Termination of parental rights; chancellor's decision to terminate not clearly erroneous. [HTML, WP5.1]

Flores v. State (Per Curiam) CR01-239

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

Gooden v. State (Per Curiam) CR00-845

Appeal & error -- Motion for belated appeal treated as motion for rule on clerk; granted. [HTML, WP5.1]

Guydon v. State (Thornton, J.) CR01-37

Evidence -- Chain-of-custody objection timely; State established with reasonable certainty that evidence had not been tampered with; minor discrepancy insufficient to raise reasonable probability that break in chain of custody occurred. [HTML, WP5.1]

Hill v. State (Brown, J.) CR00-921

Criminal law -- Lesser included offense; felony manslaughter is not lesser included offense of capital felony murder or first-degree murder; no error in trial court's refusal to dismiss charge; voluntariness of statement; fifteen & sixteen-year-old defendants are capable of waiving rights. [HTML, WP5.1]

Huffman v. Arkansas Judicial Disc. & Disab. Comm'n (Hannah, J.) 00-1018

Judges -- Appellant's ownership of stock would create perception that ability to carry out judicial responsibilities was impaired; petition for writ of certiorari denied. [HTML, WP5.1]

In Re: Cashion (Per Curiam) 01-17

Contempt -- Master appointed. [HTML, WP5.1]

Loewer v. Cla-Cliff Nursing & Rehab. Ctr. (Thornton, J.) 00-1331

Judgment -- Summary judgment improperly granted; reversed & remanded. [HTML, WP5.1]

Luebbers v. Money Store, Inc. (Imber, J.) 00-858

Usury -- Ark. Code Ann. §23-52-104(b); violative of separation-of-powers doctrine & Ark. Const. art. 19 §13; attempt by legislature to exclude "deferred presentment" transactions from constitutional usury provisions. [HTML, WP5.1]

Simpson v. State (Per Curiam) CR01-141

Attorney & client -- Motion to be relieved; granted for good cause. [HTML, WP5.1]

Stilley v. Hubbs (Per Curiam) 00-1141

Appeal & error -- Ark. R. Civ. P. 11; sanction for frivolous appeal imposed. [HTML, WP5.1]

In Re: Arkansas Rules for Minimum CLE (Rule 3 A) and Regulations of the CLE Bd. (3.02) (Per Curiam) [HTML, WP5.1]

In Re: Appointments to Sup. Ct. Comm. on MJI--Civ. (Per Curiam) [HTML, WP5.1]

In Re: Arkansas Lawyers Assistance Program (Per Curiam) [HTML, WP5.1]

Blockman v. State, CR 00-674 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted March 22, 2001. [HTML, WP5.1]

Brown, Elizabeth Gammon v. Maxwell, 00-753 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Reply Brief and for Other Relief; granted in part and denied in part March 22, 2001. [HTML, WP5.1]

Brown, Elizabeth Gammon v. Post Prison Transf. Bd., 00-21 (Per Curiam), Pro Se Motion for Reconsideration denied March 22, 2001. [HTML, WP5.1]

Collins v. State, CR 98-563 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied March 22, 2001. [HTML, WP5.1]

Hardin v. State, CR 99-563 (Per Curiam), remanded March 22, 2001. [HTML, WP5.1]

Lever v. State, 00-555 (Per Curiam), Pro Se Motion for Reconsideration denied March 22, 2001. [HTML, WP5.1]

McDonald v. State, CR 00-710 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief moot March 22, 2001. [HTML, WP5.1]

Nicklas v. State, CA CR 99-1321 (Per Curiam), Pro Se Motion for Rule on Clerk to File Petition for Review denied March 22, 2001. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

99-860. AT&T Communications of the Southwest, Inc. v. Arkansas Public Service Commission, from Arkansas Public Service Commission. Affirmed on Direct Appeal; Reversed and Remanded on Cross Appeal. Special Justices Edward Morgan, James Pate, and Paul Lindsey join in this opinion. Brown, Thornton, and Hannah, JJ., not participating. (20 PAGES PUBLISHED) [HTML, WP5.1]

00-1401. Tiffany Amelia Dinkins v. Arkansas Department of Human Services, from Ashley Chancery. Chancery Court Affirmed; Court of Appeals Reversed on Petition for Review. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-921. Richard Hill, Jr. v. State of Arkansas, from Ouachita Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-858. Crystal Luebbers v. Money Store, Inc., Robert Kinder and Barbara Kinder, and The Connecticut Surety Company, from Benton Circuit. Reversed and Remanded. Glaze, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-37. Karl Anthony Guydon v. State of Arkansas, from Pulaski Circuit, Fourth Division. Circuit Court Affirmed; Court of Appeals Reversed on Petition for Review. (8 PAGES PUBLISHED) [HTML, WP5.1]

CR00-565. Steven Scott Bader v. State of Arkansas, from Benton Circuit. Affirmed. Glaze, J., concurs. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

00-1331. Duretha Loewer, as Administratrix of the Estate of Minnie Sanford, Deceased v. Cla-Cliff Nursing and Rehabilitation Center, from Monroe Circuit. Reversed and Remanded. Brown and Imber, JJ., concur. (4 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

00-1018. Honorable Donald R. Huffman, Chancellor v. Arkansas Judicial Discipline and Disability Commission, an Original Action. Petition for Writ of Certiorari Denied. Glaze, J., dissents in part. Arnold, C.J., not participating. (13 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-1318. Linda Chapman v. Elnora Bevilacqua et al., from Sebastian Chancery, Fort Smith District. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR99-563. John Hardin, III v. State of Arkansas, from Crittenden Circuit. Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

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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REVIEWS DENIED: Petitions for review were denied today in the following cases.

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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01-17. In Re: Kelli S. Cashion (Arkansas Bar ID #96006). 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. Master appointed. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

00-1141. Oscar Stilley v. Maurice Hubbs et al., from Crawford Circuit. See supplemental opinion imposing Rule 11 sanctions this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-141. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit. Motion to be relieved as counsel for appellant is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-239. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

CR01-268. Mark Singson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record. Final extension granted until April 21, 2001. Failure to comply show cause order may issue.

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

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 is granted. Corbin, J., not participating.

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

01-32. Michael Pyle v. Brian Sayers, from Union Probate. Appellant's motion for recognition of request for oral argument is denied.

CR00-1155. Dexter Ross v. State of Arkansas, from Faulkner Circuit. Motion of Rosalyn Watts to be substituted as counsel is granted.

CR99-88. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Motion to release to prosecutor trial transcripts and exhibits admitted at trial. Granted upon substitution of copies. (Proceedings of March 19, 2001).

CR99-1081. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Motion to release to prosecutor trial transcripts and exhibits admitted at trial. Granted upon substitution of copies. (Proceedings of March 20, 2001).

CR00-1130. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for expedited hearing on release of trial exhibits. Granted upon substitution of copies. (Proceedings of March 20, 2001).

CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-1321. David Nicklas v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for rule on clerk to file petition for review. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-674. Curtis Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file brief. Motion granted. Final extension. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-710. Bufford McDonald v. State of Arkansas, from Pope Circuit. Pro se motion for extension of time to file reply brief. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal. Motion treated as motion for rule on clerk to proceed with appeal and granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

00-21. Elizabeth Gammon Brown v. Post Prison Transfer Board et al., from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-555. James C. Lever 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]

00-753. Elizabeth Gammon Brown v. Rita Maxwell, Warden, from Jackson Circuit. Pro se motion for extension of time to file appellant's reply brief and for other relief. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Lawyers Assistance Program. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules for Minimum Continuing Legal Education (Rule 3 A) and Regulations of the CLE Board (3.02). See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

R. Gary Nutter, Esq., of Texarkana, Peter Kumpe, Esq., of Little Rock, William Waddell, Esq., of Little Rock, and Hani Hashem, Esq., of Monticello are reappointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2004.

The court extends its thanks to Messrs. Nutter, Kumpe, Waddell, and Hashem for accepting reappointment to this most important Committee.

PETITIONS FOR REVIEW:

01-242. John Parker Heathscott and Herman Taylor v. Velma Muce et al., from White Chancery.

01-243. Canal Insurance Company v. Jim Adams, from Arkansas Circuit, Southern District.

01-258. Stephen Clemmons v. Office of Child Support Enforcement, from Pope Chancery.

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01-14. In Re: Carl Fredrick Moyer (Arkansas Bar Id #90067). Carl Fredrick Moyer is ordered to appear and show cause today at 9:00 a.m.

CR00-877. Stephen F. Taylor v. State of Arkansas, from White Circuit. Motion to expedite appeal.

CR00-988. Sherwood Gooch v. State of Arkansas, from Prairie Circuit, Northern District. Motion for reconsideration and reinstatement of appeal.

CR01-95. Raymond Sanders v. State of Arkansas, from Grant Circuit. Amended motion to consolidate records on appeal.

CR01-262. Steve Sanders v. State of Arkansas, from Newton Circuit. Motion for rule on the clerk.

CR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit. Motion to withdraw as counsel.

CR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Petition to withdraw as counsel.

CR01-291. Deborah L. Jacks v. State of Arkansas, from Garland Circuit. Motion to withdraw as attorney on direct appeal.

CR01-291. Deborah L. Jacks v. State of Arkansas, from Garland Circuit. Motion to file belated appeal.

CR01-299. Dale Beard v. State of Arkansas, from Garland Circuit. Appellant's motion to dismiss appeal.

CR01-300. Cedric Lamar Terry v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for substitution of counsel.

CR01-300. Cedric Lamar Terry v. State of Arkansas, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari to complete the record.

CR01-300. Cedric Lamar Terry v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion to withdraw as counsel.

99-406. Continental Express, Inc. et al. v. Marty Freeman, from Workers' Compensation Commission. Motion for statutory attorney's fees.

01-172. Barry Emigh v. Mark Pryor, Attorney General, an Original Action. Petitioner's motion to dismiss without prejudice original action petition.

01-269. Gil Landers d/b/a Big Daddy's Pawn Shop et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

01-276. Bank of Arkansas, N.A. v. Mana Corporation and First Union National Bank, from Benton Circuit. Appellant's motion to consolidate with record on appeal in Case No. 00-1113.

01-280. Ronald G. Davis v. Sondra Davis, from Washington Chancery. Motion to dismiss appeal.

01-289. Marlon Coleman v. Lillie Fairchild, from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.

SUBMISSIONS

CR00-378. Eric Scott Pike v. State of Arkansas, from Benton Circuit. Argued orally.

99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery. Argued orally.

00-619. Lesta Meadors v. Eugene F. Still, M.D., from Sebastian Circuit, Fort Smith District.

01-31. Judy Ann Bearden v. Arkansas Department of Human Services, from Saline Circuit.

01-32. Michael Pyle v. Brian Sayers, from Union Probate.