Opinions delivered
April 19, 2001
Flewellen v. State (Per Curiam) CR01-355
Attorney & client -- Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]
Fulcher v. State (Per Curiam) CR01-353
Attorney & client -- Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]
Howell v. State (Per Curiam) CR01-349
Attorney & client -- Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]
In Re: Moyer (Per Curiam) 01-14
Contempt -- Bench warrant issued. [HTML, WP5.1]
Kennedy v. State (Corbin, J.) CR00-1250
Evidence -- Prior statements of witness; trial court did not err in allowing witness to be impeached through admission of extrinsic evidence of prior inconsistent statements; trial court was not required to give limiting instruction where no request was made. [HTML, WP5.1]
Palmer v. Arkansas Council on Econ. Educ. (Thornton, J.) 00-333
Contracts -- Termination of at-will employee; appellant failed to prove public-policy violation; action for tortious interference; employees of council were not third parties; appellee failed to state claim for tort of outrage. [HTML, WP5.1]
Phillips v. State (Imber, J.) CR00-992
Evidence -- Substantial evidence supported appellant's capital-murder conviction; trial court 's refusal to direct acquittal verdict affirmed; trial court did not err in refusing to suppress identifications made by eyewitness. [HTML, WP5.1]
Pike v. State (Thornton, J.) CR00-378
Courts -- Loss of jurisdiction; not contempt to disobey void order; trial court had lost subject-matter jurisdiction to modify sentence by time of appellant's third revocation hearing. [HTML, WP5.1]
Skokos v. Skokos (Glaze, J.) 99-1514
Divorce -- Marital property; chancellor properly used date of divorce in determining value; trial judge did not abuse discretion in finding testimony by appellee's expert to be worthy of greater weight; value of possessory interests determined in first case; trial court's decision became law of the case; tax consequences considered by chancellor; determination made that appellant did not have to share in tax consequences. [HTML, WP5.1]
In Re: Tillman (Per Curiam) [HTML, WP5.1]
Huddleston v. State, CR 00-697 (Per Curiam), Pro Se Motions to Supplement Record and Abstract moot April 19, 2001. [HTML, WP5.1]
Irvin v. State, CR 01-295 (Per Curiam), Pro Se Motion for Belated Appeal denied April 19, 2001. [HTML, WP5.1]
Lunsford v. State, CA CR 98-1273 (Per Curiam), Pro Se Motion for Copy of Transcript denied April 19, 2001. [HTML, WP5.1]
Marshall v. State, CR 01-157 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment remanded April 19, 2001. [HTML, WP5.1]
McGhee v. State, CR 99-554 (Per Curiam), affirmed April 19, 2001. [HTML, WP5.1]
Thomas v. State, CR 01-296 (Per Curiam), Pro Se Motion for Rule on Clerk to File Motion for Belated Appeal Without Record dismissed April 19, 2001. [HTML, WP5.1]
Zinger v. State, CR 92-923 (Per Curiam), Pro Se Motion to Join Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis moot April 19, 2001. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
99-1514. Pamela Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Affirmed on Direct Appeal and Cross Appeal. Special Justices Edward Morgan, Donald Donner, David Nixon and Randy Laney join in this opinion. Corbin, Brown, Imber and Hannah, JJ., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR00-1250. Michael Drew Kennedy v. State of Arkansas, from Van Buren Circuit, First Division. Affirmed. Thornton, J., concurs. (20 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR00-992. Tommy Phillips v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR00-378. Eric Scott Pike v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. (8 PAGES PUBLISHED) [HTML, WP5.1]
00-333. Sandra Palmer v. Arkansas Council on Economic Education, RPL Management Resources, Inc., Jim Glenn, Sonya Schmidt, and Polly Jackson, from Pulaski Circuit, Second Division. Affirmed. Glaze, J., concurs in part, dissents in part. Imber, J., not participating. (14 PAGES + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR99-554. Monroe McGhee v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]
PER CURIAM ORDERS
REHEARING DENIED: Petition for rehearing was denied today in the following case.
00-1331. Duretha Loewer et al. v. Cla-Cliff Nursing and Rehab Center, from Monroe Circuit.
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REVIEW GRANTED: Petition for review was granted today in the following case.
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). Bench warrant issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
01-323. Patient Health Management et al. v. Honorable Tom Smitherman, from Garland Circuit. Petition for writ of prohibition is denied. (Proceedings of April 6, 2001).
CR99-616. Willie Hendrix v. State of Arkansas, from Ashley Circuit. Motion to abate appeal is granted.
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 is granted. Substituted counsel appointed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Motion of Don R. Etherly to withdraw as counsel is granted. Substituted counsel appointed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR01-355. Ricky Flewellen v. State of Arkansas, from Phillips Circuit. Motion of Don R. Etherly to withdraw as counsel is granted. Substituted counsel appointed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
00-846. Yamaha Motor Corporation, U.S.A. v. Richard's Honda Yamaha, from Pulaski Circuit, Sixth Division. Motion for taxation of costs. Granted.
00-1408. Murphy Oil USA, Inc. v. United States Fidelity & Guaranty, from Union Circuit. Motion and amended motion to file amicus curiae brief. Motion moot. Amended motion to file amicus curiae brief granted.
00-1430. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellant's motion to file supplemental brief is granted.
00-1430. James E. Elam v. First Unum Life Insurance Company, from Garland Circuit. Appellee's motion to file supplemental brief is granted.
01-93. Reginald Early v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.
01-369. Pamela McKnight Smith v. Ronald Craig Smith, from Pulaski Chancery, First Division. Motion for rule on the clerk is denied. Appellee's motion to dismiss appeal moot.
CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's unopposed motion for extension of time to file brief is granted.
01-394. Kenneth Gerald Breckenridge v. Nancie M. Givens, Acting Executive Director and Senior Staff Attorney for the Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Motion for expedited consideration of motion for stay of suspension pending appeal is granted. See per curiam this date. (Proceedings of April 6, 2001). (2 PAGES PUBLISHED) [HTML, WP5.1]
01-394. Kenneth Gerald Breckenridge v. Nancie M. Givens, Acting Executive Director and Senior Staff Attorney for the Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Motion for stay of suspension pending appeal is granted, provided appellant posts $5,000 appeal bond and no additional formal disciplinary complaints are filed during stay. See per curiam this date. (Proceedings of April 6, 2001). (2 PAGES PUBLISHED) [HTML, WP5.1]
01-394. Kenneth Gerald Breckenridge v. Nancie M. Givens, Acting Executive Director and Senior Staff Attorney for the Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion (under seal) to dissolve stay is granted.
CR01-437. Timothy Holt v. Honorable Marion Humphrey, Judge, from Pulaski Circuit, First Division. Motion for expedited consideration. Moot.
CR01-437. Timothy Holt v. Honorable Marion Humphrey, Judge, from Pulaski Circuit, First Division. Motion to stay proceedings. Moot.
CR01-437. Timothy Holt v. Honorable Marion Humphrey, Judge, from Pulaski Circuit, First Division. Petition for writ of prohibition is denied without prejudice.
CR01-434. Sammy O. Smith v. State of Arkansas, from Desha Circuit. Motion to expedite bail appeal to avoid mootness. Motion set for hearing on April 26, 2001, at 9:00 a.m.
In Re: Timothy Wayne Tillman (Bar ID # 99052). Petition for disbarment granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR92-923. Nikki Zinger v. State of Arkansas, from Columbia Circuit. Pro se motion to join petition for leave to proceed in circuit court with petition for writ of error coram nobis. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CACR98-1273. Terry Glen Lunsford v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for copy of transcript. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-697. John Lee Huddleston v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motions to supplement record and abstract. Motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-157. Jerry Lee Marshall v. State of Arkansas, from Cleveland Circuit. Pro se motion for belated appeal of judgment. Remanded. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-295. Sylvester Irvin v. State of Arkansas, from Crittenden Circuit. Pro se motion for belated appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-296. Bobby G. Thomas v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk to file motion for belated appeal without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
CR00-921. Richard Hill, Jr. v. State of Arkansas, from Ouachita Circuit.
99-860. AT&T Communications of the Southwest et al. v. Madison County Telephone Company, from Public Service Commission.
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PETITIONS FOR REVIEW:
01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District.
01-312. Regions Bank & Trust et al. v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit.
01-313. Swan Lake Flying Service, Inc. v. Apollo-Lakewood Aerial Services, Inc., from Jefferson Circuit.
01-321. Clyde McWilliams v. Karl Schmidt et al., from Pulaski Chancery, Fifth Division.
01-333. Clay M. Goodson and Florence Goodson v. Mary Carolyn Goodson, from Pulaski Circuit, Third Division.
01-346. Miller County v. John David Stewart, from Workers' Compensation Commission.
01-350. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery.
01-377. John E. Searcy, III v. Emmett Davenport, from Van Buren Chancery.
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CR97-79. Wilbert Jackson v. State of Arkansas, from Little River Circuit. Motion to file overlength statement of the case.
CR99-985. David Hale v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for continuation of stay of mandate.
CR99-1223. Gilbert Waldon v. State of Arkansas, from Sevier Circuit. Appellant's motion for consideration of appeal.
CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Motion of Gene E. McKissic to be relieved as attorney for appellant.
CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Motion to strike brief of appellant.
CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellant's motion to deny request for oral argument.
CR01-177. Carrol Ross v. State of Arkansas, from Perry Circuit. Motion for appropriate action by court.
CR01-278. Theodis Kelly v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record.
CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Motion of James Dunham to substitute counsel.
CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Motion of Jeanne E. Richards to withdraw as counsel.
CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Entry of appearance of James Dunham.
00-37. Benjamin Williams v. Larry Norris, Director, Arkansas Department of Correction, from Lee Circuit. Appellant's motion to expedite submission.
00-1009. Repoleon Gilbert v. John Blankenship et al., from Jefferson Circuit. Appellee's motion to dismiss appeal.
00-1144. Oscar Stilley v. City of Conway, from Faulkner Circuit. Motion to dismiss appeal with prejudice.
00-1167. Oscar Stilley v. Wayne Hartsfield et al., from White Chancery. Appellant's motion to dismiss appeal.
00-1168. Oscar Stilley v. Wayne Hartsfield et al., from White Circuit. Appellant's motion to dismiss appeal.
00-1223. Wal Mart Stores, Inc. v. The P.O. Market, Inc. et al., from Miller Circuit. Motion to supplement abstract and memorandum of authorities.
00-1331. Duretha Loewer et al. v. Cla-Cliff Nursing and Rehab Center, Inc., from Monroe Circuit. Motion for taxation of costs.
01-269. Gil Landers d/b/a Big Daddy's Pawn Shop et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division. Appellant's motion for supersedeas bond.
01-286. Blandina Spencer v. Stone Container Corporation, from Workers' Compensation Commission. Motion to file belated response to petition for review.
00-434. Bruce Junkin, M.D. v. Northeast Arkansas Internal Medicine Clinic, P.A. et al., from Jackson Chancery.
00-900. Carlos Elam et ux. v. Hartford Fire Insurance Company, from Franklin Circuit, Northern District.
00-1269. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery.
00-1425. Arkansas Game & Fish Commission et al. v. Marsha Sledge et al., from Pulaski Circuit, Second Division.
01-9. Orma Jean Moon et al. v. Jim C. Citty, M.D. d/b/a Searcy Medical Center et al., from White Circuit.
01-24. Custom Microsystems, Inc. v. Del Blake, from Pulaski Chancery, Sixth Division.