B.C. v. State (Imber, J.) 00-1439

Juveniles -- Insanity defense; holding in controlling Golden v. State decision was not dependent on Act III evaluation. [HTML, WP5.1]

Byndom v. State (Hannah, J.) CR00-59

Witnesses -- Victim's inability to speak did not render her incompetent; defense had opportunity to elicit more detailed responses from witness through use of computer than did prosecution; cross-appeal not timely filed; supreme court would not consider it. [HTML, WP5.1]

Fewell v. Pickens (Brown, J.) 00-1279 & 00-1272

Insurance -- Uniform Insurers Liquidation Act; appellants waived statutory requirements of Ark. Code Ann. § 23-68-104 by consenting to immediate receivership; circuit court has subject-matter jurisdiction to issue injunctions under limited circumstances. [HTML, WP5.1]

Jacks, Deborah (Debbie) L. v. State (Per Curiam) CR01-291

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

Jacks, Deborah (Debbie) L. v. State (Per Curiam) CR01-291

Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

Nelson v. State (Per Curiam) CR99-634

Criminal law -- Claim of ineffective assistance; decision not to call witness not shown to be professionally unreasonable; even without DNA evidence jury could have convicted appellant of first degree murder; trial court's decision that appellant failed to present evidence to show how DNA evidence would have tended to exonerate him not clearly erroneous; appellant failed to show that outcome of trial would have been different had counsel submitted evidence at trial; petitioner did not provide factual support to demonstrate that conflict of interest adversely affected counsel's performance. [HTML, WP5.1]

Pyle v. Sayers (Arnold, C.J.) 01-32

Wills -- Evidence presented by appellee sufficient to establish that testatrix was competent to execute will; trial court not clearly erroneous in finding appellant failed to meet burden of proof. [HTML, WP5.1]

Roberson v. State (Per Curiam) CR01-263

Attorney & client -- Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]

Ross v. State (Per Curiam) CR01-324

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

State v. Ross (Glaze, J.) CR00-1155

Criminal procedure -- Case properly dismissed; trial court followed dictates of Ark. Code Ann. § 16-93-303(b)(1); Act 595 of 1995 inapplicable to probation judgment & disposition order; trial court properly dismissed State's felon-in-possession-of-firearm count against appellee. [HTML, WP5.1]

In Re: Appointment of Counsel in Crim. Cases (Per Curiam) [HTML, WP5.1]

Breckenridge v. Givens (Per Curiam) 01-394

Appeal & error -- Motion for stay of suspension pending appeal granted. [HTML, WP5.1]

In Re: Adoption of Administrative Order No. 14 [HTML, WP5.1]

Davis v. State, CR 01-57 (Per Curiam), Pro Se Motions to Supplement Record moot; Motion for Access to Trial Transcript and Postconviction Appeal Record and for Extension of Time to File brief granted April 5, 2001. [HTML, WP5.1]

Emery v. State, CR 01-49 (Per Curiam), Pro Se Motion for Belated Appeal of Order; treated as motion for rule on clerk and denied April 5, 2001. [HTML, WP5.1]

Gipson v. State, CR 00-1246 (Per Curiam), Pro Se Motion for Appointment of Counsel denied April 5, 2001. [HTML, WP5.1]

Hawthone v. Langley, CR 01-144 (Per Curiam), Pro Se Motion and Amended Motion for Rule on Clerk to File Mandamus Petition dismissed April 5, 2001. [HTML, WP5.1]

Nooner v. Gean, 01-156 (Per Curiam), Pro Se Motion for Rule on Clerk and Petition for Certiorari dismissed April 5, 2001. [HTML, WP5.1]

Pitts v. Post-Prison Transf. Bd., 00-267 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Withdraw Motion for Rule on Clerk denied April 5, 2001. [HTML, WP5.1]

Robinson v. State, CR 01-217 (Per Curiam), Pro Se Motions for Record and to Supplement Records; denied and appeal dismissed April 5, 2001. [HTML, WP5.1]

Stocker v. Post-Prison Transf. Bd., 01-26 (Per Curiam), Pro Se Motion for Belated Appeal dismissed April 5, 2001. [HTML, WP5.1]

Watts v. Humphrey, CR 01-237 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed April 5, 2001. [HTML, WP5.1]

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

01-32. Michael Pyle v. Brian Sayers, from Union Probate. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-1155. State of Arkansas v. Dexter Carl Ross, from Faulkner Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-1279 & 00-1272. Bob E. Fewell and Holdingsco, Inc. v. Mike Pickens, Receiver of American Investors Life Insurance Company, from Pulaski Circuit, Seventh Division. Affirmed. Arnold, C.J., and Corbin and Thornton, JJ., dissent. (16 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-1439. B.C. v. State of Arkansas, from Pulaski Chancery, Seventh Division. Affirmed (7 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-59. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed on Direct-Appeal and Dismissed on Cross-Appeal. (16 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-634. Hilliard Nelson v. State of Arkansas, from Desha Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

01-261. Abrom B. Stewart v. Joe Nathan Stewart, from Sevier Chancery.

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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 is denied. See opinion this date.

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 is denied. See opinion this date.

CR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit. Motion to withdraw as counsel is granted; substituted counsel appointed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-291. Deborah (Debbie) L. Jacks v. State of Arkansas, from Garland Circuit. Motion to withdraw as attorney on direct appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-291. Deborah (Debbie) L. Jacks v. State of Arkansas, from Garland Circuit. Motion to file belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

CR01-300. Cedric Lamar Terry v. State of Arkansas, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari to complete the record. Granted 30 days to complete record.

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

CR00-1424. Robert Todd Burmingham v. State of Arkansas, from Cross Circuit

Petition for writ of certiorari to complete the record and for brief time. Granted 30 days to complete record.

CR00-1424. Robert Todd Burmingham v. State of Arkansas, from Cross Circuit. Appellant's motion to include portions of record of prior appeal in abstract is granted.

CR01-50. Dale Edward Vaughn v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted.

CR01-324. Andrew S. Ross, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion of Charles E. Ellis to be relieved as counsel for appellant is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-336. Deborah Rouse v. State of Arkansas, from Pulaski Circuit, Fifth Division.

Petition for writ of certiorari to complete the record. Granted 30 days to complete record. Final extension. Show cause order may issue.

CR01-342. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record. Granted 30 days to complete record. Final extension. Show cause order may issue.

CR01-348. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record. Granted 30 days to complete record. Final extension. Show cause order may issue.

00-990. Patrick Henry Hays et al. v. P. A. Stricklin et al., from Pulaski Circuit, Seventh Division. Appellants' motion to dismiss appeal is granted.

00-1063. Eddie Powell et al. v. City of North Little Rock, Arkansas et al., from Pulaski Chancery, Fifth Division. Appellants' motion to dismiss appeal is granted.

00-1131. Jennifer Shook v. John Shook, from Benton Chancery. Motion for leave to amend brief. Leave granted to file substituted brief. Glaze, J., not participating.

00-1297. Mark Steven Cambiano v. James A. Neal, as Executive Director of the Arkansas Supreme Court Committee on Professional Conduct, from Conway Circuit. Appellee's motion to substitute parties is granted.

00-1408. Murphy Oil USA, Inc. v. Unigard Security Insurance Company et al., from Union Circuit. Motion to file enlarged reply brief is denied. See Pemberton v. State, 291 Ark. 198 (1987). Corbin, J., not participating.

01-305. City of Little Rock v. Harry E. McDermott, Jr., from Pulaski Circuit, Sixth Division. Motion for rule on the clerk is denied.

01-316. Dennis Holmesly v. Chris Walk et al., from Johnson Chancery. Motion for rule on the clerk to file belated petition for review is denied.

01-318. Carl Pettit v. Allstate Insurance Company, from Pulaski Circuit, Second Division. Motion for rule on the clerk to file belated petition for review is denied. Imber, J., not participating.

01-322. Mona C. Erickson v. Robert D. Erickson, from Washington Chancery. Motion for rule on the clerk to file belated petition for review is denied.

01-347. Harry F. Lynn, Jr. v. Mark A. Lynn et al., from Perry Chancery. Petition for writ of certiorari to complete the record is granted.

CR00-1246. David Earl Gipson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-49. Paul Emery v. State of Arkansas, from Jackson Circuit. Pro se motion for belated appeal of order. Motion treated as motion for rule on clerk and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-57. Michael A. Davis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to supplement record moot; motion for access to trial transcript and postconviction appeal record and for extension of time to file brief granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-144. Johnnie Ray Hawthone v. Judy C. Langley, Circuit Clerk of Miller County, from Miller Circuit. Pro se motion and amended motion for rule on clerk to file mandamus petition. Motion and amended motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR01-217. Ronald Jerome Robinson v. State of Arkansas, from Crittenden Circuit. Pro se motions for record and to supplement record. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-237. Frank Watts II v. Honorable Marion Humphrey, Judge, from Pulaski Circuit, Fifth Division. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

00-267. Eugene Isaac Pitts v. Post-Prison Transfer Board, from Pulaski Circuit, Third Division. Pro se motion for reconsideration of motion to withdraw motion for rule on clerk. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-26. Johnie Stocker, Jr. v. Post-Prison Transfer Board, from Jefferson Circuit. Pro se motion for belated appeal. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

01-156. Terrick Nooner v. Tom Gean, Mike Huckabee, and Robert McLemore, from Sebastian Circuit, Fort Smith District. Pro se motion for rule on clerk and petition for certiorari. Motion and petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointment of Counsel in Criminal Cases. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Because appellants in criminal cases are entitled to counsel on direct appeal from a judgment of conviction, this Court on occasion must appoint attorneys to represent indigent appellants. Attorneys who are desirous of such appointments should register with Sue Newbery, Criminal Justice Coordinator, Arkansas Supreme Court, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201. Counsel will be paid a fee after determination of the case, upon a proper motion.

PETITIONS FOR REHEARING:

00-1331. Duretha Loewer et al. v. Cla-Cliff Nursing and Rehab Center, from Monroe Circuit.

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PETITION FOR REVIEW:

01-290. James Edens v. Superior Marble & Glass, from Workers' Compensation Commission.

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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.

01-323. Patient Health Management et al. v. Honorable Tom Smitherman, from Garland Circuit. Petition for writ of prohibition. Argued orally.

01-394. Kenneth Gerald Breckenridge v. Nancie Givens, Acting Director and Senior Staff Attorney, Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct. Motion for stay of suspension pending appeal and motion to expedite. Argued orally.

CR99-616. Willie Hendrix v. State of Arkansas, from Ashley Circuit. Motion to abate appeal.

CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Motion to be relieved as counsel on appeal and for appointment of substituted counsel.

CR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Motion of Don R. Etherly to withdraw as counsel.

CR01-355. Ricky Flewellen v. State of Arkansas, from Phillips Circuit. Motion of Don R. Etherly to withdraw as counsel.

00-846. Yamaha Motor Corporation, U.S.A. v. Richard's Honda Yamaha, from Pulaski Circuit, Sixth Division. Motion for taxation of costs.

00-1408. Murphy Oil USA, Inc. v. United States Fidelity & Guaranty, from Union Circuit. Motion and amended motion to file amicus curiae brief.

00-1430. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to file supplemental brief.

00-1430. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellee's motion to file supplemental brief.

01-93. Reginald Early v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Appellee's motion to dismiss appeal.

01-369. Pamela McKnight Smith v. Ronald Craig Smith, from Pulaski Chancery, First Division. Motion for rule on the clerk.

SUBMISSIONS

99-1514. Pamela Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Argued orally.

00-841. State of Arkansas et al. v. Gary Goss, from White Circuit. Argued orally.

CR00-992. Tommy Phillips v. State of Arkansas, from Pulaski Circuit, First Division.

CR00-1441. Lonnie Beulah v. State of Arkansas, from Pulaski Circuit, Seventh Division.

00-1128. Richard A. Barclay, Director, Arkansas Department of Human Services v. First Paris Holding Company et al., from Pulaski Chancery, First Division.

00-1285. Fayetteville Diagnostic Clinic, Ltd v. Dyanna Turner, from Washington Circuit.

PER CURIAM ORDERS

01-394.  Kenneth Gerald Breckenridge v. Nancie Givens, Acting Executive Director and Senior Staff Attorney, Supreme Court Committee on Professional Conduct.  Appellant's motion for expedited consideration of motion for stay of suspension pending appeal granted.  See per curiam this date.  (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Adoption of Administrative Order Number 14.  See per curiam this date.  (3 PAGES PUBLISHED) [HTML, WP5.1]