Western Carroll County Ambulance Dist. v. Johnson (Per Curiam) 00-1271

Appeal & error -- Motion to filed belated brief; granted. [HTML, WP5.1]

Aka v. Jefferson Hosp. Ass'n, Inc. (Arnold, C.J.) 99-1366

Courts -- Rules of decision; Chatelain v. Kelly overruled where expressed public policy of legislature justified break with precedent; overruling of Chatelain applied retroactively to appellant & partial summary judgment reversed. [HTML, WP5.1]

Barclay v. First Paris Holding Co. & Subsidiary (Thornton, J.) 00-1128

Taxation -- Filing of federal-consolidated tax returns; Act 570 of 1965 harmonious with Act 708 of 1979; in consolidated return by affiliated group intercorporate dividends are excluded; trial court properly placed burden of justifying imposition of tax upon intercorporate dividends that were excluded from taxation on appellant; appellant failed to meet its burden of proof. [HTML, WP5.1]

Bunch v. State (Hannah, J.) CR00-1360

Criminal law -- Mandatory life sentence does not violate Eighth Amendment prohibition against cruel & unusual punishment; sentencing accused as habitual offender is not within trial court's discretion; violation of Separation of Powers Doctrine could only have occurred if trial court had not sentenced appellant to life in prison as required by habitual-offender statute. [HTML, WP5.1]

Cothren v. State (Imber, J.) CR99-597

Criminal procedure -- Psotconviction relief; possession of controlled substance with intent to deliver is not lesser included offense of manufacturing controlled substance; each offense required proof of element not common to other offense; conviction on two offenses did not violate double-jeopardy clause; trial court did not err in denying petition for postconviction relief. [HTML, WP5.1]

Gooden v. State (Per Curiam) CR00-845

Appeal & error -- Motion to be relieved as attorney of record; remanded. [HTML, WP5.1]

Hart v. McChristian (Arnold, C.J.) 00-1269

Arbitration -- Trial court did not err by granting appellee's motion to compel arbitration; no statutory or policy basis for remanding matter for further clarification; chancellor's decision refusing to vacate or modify arbitrators' award was well-reasoned & supported by evidence; order confirming arbitrators' award affirmed; appellants purposefully interfered with receiver's transfer of partnership control; chancellor's order holding appellants in contempt affirmed. [HTML, WP5.1]

Holt v. Wagner (Brown, J.) 00-817

Torts -- Wrongful death; supreme court declared it would revisit lost-chance-of-survival doctrine. [HTML, WP5.1]

Jones v. State (Glaze, J.) CR00-977

Criminal procedure -- Custodial statement; evidence sufficient to support finding of voluntariness; appellant failed to make unequivocal invocation of right to remain silent; Miranda warnings given; trial court properly denied motion to dismiss. [HTML, WP5.1]

McFerrin v. State (Arnold, C.J.) CR00-922

Criminal law -- Felony capital murder; substantial evidence supported appellant's conviction; denial of motion to suppress cash discovered in parole search supported by substantial evidence; accused in possession of amount of money similar to that taken in robbery; relevant evidence that accused committed crime. [HTML, WP5.1]

In Re: Rules Governing Admission to Bar of Ark. (Per Curiam) [HTML, WP5.1]

In Re: Reappointment of Reporter of Decisions of the Supreme Court of Ark. (Per Curiam) [HTML, WP5.1]

In Re: Donovan (Per Curiam) [HTML, WP5.1]

Armstrong v. State, CR 99-901 (Per Curiam), affirmed May 10, 2001. [HTML, WP5.1]

Ashlock v. State, CR 99-972 (Per Curiam), affirmed May 10, 2001. [HTML, WP5.1]

Burnette v. State, CR 01-287 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment treated as motion for rule on clerk and granted; Pro Se Motion for Release on Bond and Amended Motion denied May 10, 2001. [HTML, WP5.1]

Cannon v. State, CA CR 96-1018 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied May 10, 2001. [HTML, WP5.1]

Eads v. State, CA CR 00-984 (Per Curiam), Pro Se Motion to Certify Appeal to Supreme Court denied May 10, 2001. [HTML, WP5.1]

Gordon v. State, CR 99-1199 (Per Curiam), affirmed May 10, 2001. [HTML, WP5.1]

Hardin v. State, CR 99-563 (Per Curiam), affirmed May 10, 2001. [HTML, WP5.1]

Nichols v. State, CR 01-331 (Per Curiam), Pro Se Motion and Amended Motion for Rule on Clerk denied; Pro Se Motions for Appointment of Counsel and Petition for Writ of Certiorari moot May 10, 2001. [HTML, WP5.1]

Russey v. State, CR 98-383 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied May 10, 2001. [HTML, WP5.1]

Waldon v. State, CR 99-1223 (Per Curiam), affirmed May 10, 2001. [HTML, WP5.1]

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

CR00-922. Carlos Anthony McFerrin v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

99-1366. Philip Aka, Special Administrator of the Estate of Evangeline Aka v. Jefferson Hospital Association, Inc., d/b/a Jefferson Regional Medical Center; Kimberly Garner, M.D.; Betty Orange, M.D.; Randy Hill, M.D.; Shane Higginbotham, M.D.; Herbert Fendley, M.D.; William Freeman, M.D.; Harvie M. Attwood, M.D.; and St. Paul Fire & Marine Insurance Company, Inc., from Jefferson Circuit. Reversed and Remanded. Cross-Appeal Affirmed. Appellant's Motion to Supplement Addendum Granted. Imber, J., concurs. Brown and Thornton, JJ., concur in part and dissent in part. (24 PAGES + 5-PAGE CONCURRENCE + 6-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

00-1269. Joseph M. Hart, Cheryl Lynn Hart, and Vinewood Communications v. Norman D. McChristian, from Washington Chancery. Affirmed. Arkansas Court of Appeals Reversed in Part; Affirmed in Part. (17 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-977. Beau Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-817. James Holt, As Administrator of the Estate of Sheryl Holt, Deceased v. Dr. Taylor Dan Wagner, from Saline Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR99-597. Leslie G. Cothren v. State of Arkansas, from Cleburne Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-1128. Richard Barclay, Director, Arkansas Department of Finance & Administration v. First Paris Holding Company and Subsidiary, First National Bank at Paris, Arkansas, from Pulaski Chancery, First Division. Affirmed. Corbin, J., concurs. Brown and Imber, JJ., dissent. (13 PAGES + 5-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-1360. Rodney Bunch v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-563. John Hardin III v. State of Arkansas, from Crittenden Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-901. Murray F. Armstrong v. State of Arkansas, from Cleveland Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-972. Curtis Ashlock v. State of Arkansas, from Crawford Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1199. Marcus Gordon v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1223. Gilbert Waldon v. State of Arkansas, from Sevier Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR00-59. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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

01-385. Myrtle Parks v. Van Buren School District, from Workers' Compensation Commission.

01-400. Wheeler Construction Company v. Raymond L. Armstrong, from Workers' Compensation Commission. Glaze, J., not participating.

01-401. Rex Jones et al. v. Tim Byrd et al., from Randolph Chancery.

01-410. Thornton Tweedy et al. v. Ronnie Counts et al., from Randolph Chancery.

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CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Motion of Gene E. McKissic to be relieved as attorney for appellant. Remanded. See per curiam this date. Glaze, J., dissents. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-1445. Quinton Lee Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated return of writ. See per curiam issued May 3, 2001.

CR01-263. Leon Roberson v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record is granted until June 9, 2001.

01-118. Delaney Alexander et al. v. Alma McKinney Davis et al., from Phillips Circuit. Appellants' motion to supplement the record is granted.

01-118. Delaney Alexander et al. v. Alma McKinney Davis et al., from Phillips Circuit. Appellants' motion for waiver of reproduction of three exhibits is granted.

01-194. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Appellee's motion for costs. Passed until case submitted.

01-204. BPS, Inc. et al. v. Jason Parker, from Phillips Circuit. Appellants' motion to stay the trial in circuit court is granted.

01-269. Gil Landers d/b/a Big Daddy's Pawn Shop et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division. Appellants' motion for extension of time to return writ. See per curiam of May 3, 2001.

01-452. City of Fayetteville, Arkansas et al. v. Susan Raley, from Washington Chancery. Motion for rule on the clerk is denied.

01-491. Linen Service, Inc. d/b/a Broadway Linen Service v. Drew County Memorial Hospital, from Drew Circuit. Motion for rule on the clerk is denied.

01-17. Supreme Court Committee on Professional Conduct v. Kelli S. Cashion (Arkansas Bar ID #96006), from Arkansas Supreme Court Committee on Professional Conduct. Motion and amended motion to dismiss is granted.

00-1271. Western Carroll County Ambulance District et al. v. C. Rodney Johnson et al., from Carroll Chancery, Western District. Appellees' motion to allow belated response brief is granted. See per curiam this date. (Proceedings of May 8, 2001). (2 PAGES PUBLISHED) [HTML, WP5.1]

00-1080. Advance America et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to dismiss appeal is granted. Glaze, J., not participating. (Proceedings of May 8, 2001).

CACR96-1018. Karsten Cannon v. State of Arkansas, from Crittenden Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-383. Millard J. Russey v. State of Arkansas, from Clark Circuit. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-984. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Pro se motion to certify appeal to Supreme Court. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Pro se motions for belated appeal of judgment and for release on bond. Motion for belated appeal treated as motion for rule on clerk and granted; motion and amended motion for release on bond denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-331. Billy Mack Nichols v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion and amended motion for rule on clerk and motions for appointment of counsel. Motion and amended motion for rule on clerk denied; motions for appointment of counsel and petition for writ of certiorari moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Thomas Francis Donovan (Arkansas Bar ID #73027). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Reappointment of the Reporter of Decisions of the Supreme Court of Arkansas. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

William B. Jones, Jr., of Little Rock, was appointed Reporter of Decisions of the Supreme Court of Arkansas for a six-year term beginning June 1, 1995. See In Re: Appointment of the Reporter of Decisions of the Arkansas Supreme Court, 320 Ark. 717, 898 S.W.2d 468 (1995). Mr. Jones's term expires on May 31, 2001, and the Court, thanking him for his service, reappoints him to the office of Reporter for a term of six years, effective June 1, 2001.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR01-361. Patrick Fouse v. State of Arkansas, from Jackson Circuit. (appellee)

CR01-361. Patrick Fouse v. State of Arkansas, from Jackson Circuit. (appellant)

CR01-361. Patrick Fouse v. State of Arkansas, from Jackson Circuit. (appellant)

01-286. Blandina Spencer v. Stone Container Corporation, from Workers' Compensation Commission.

01-352. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division.

01-411. Union County, Arkansas v. Richard Grigsby, from Union Circuit.

01-436. Lark Hunter and Adelma Hunter v. Vernon L. Robertson, from Pulaski Chancery, Sixth Division.

01-453. James Tyrone, d/b/a Acme Pest Management Company v. Marcus Dennis and Wanda Dennis, from Crittenden Circuit.

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CR01-336. Deborah Rouse v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated return of writ.

CR01-342. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated return of writ.

CR01-348. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated return of writ.

CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Petition for writ of certiorari to complete the record.

CR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record.

CR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Petition for writ of certiorari to complete the record.

00-1408. Murphy Oil USA, Inc. v. Unigard Security Insurance Company et al., from Union Circuit. Motion of the City of El Dorado, Arkansas, to appear as amicus curiae in support of appellant.

01-290. James Edens v. Superior Marble & Glass et al., from Workers' Compensation Commission. Appellees' motion to file supplemental brief.

01-482. Erma Lessie Young v. Charles Klepper, M.D., from Searcy Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

CR00-1310. Curtis Hoyt Yancey and Roy Lee Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Argued orally.

CR00-782. Lance Branscum v. State of Arkansas, from Pulaski Circuit, Fourth Division.

00-552. Joshua Sutter et al. v. Mary Lou Sutter Payne et al., from Independence Chancery.

00-792. James Wayne Wisener et al. v. Judith Wisener Burns, from Bradley Chancery.

00-1271. Western Carroll County Ambulance District et al. v. C. Rodney Johnson et al., from Carroll Chancery, Western District.