Opinions delivered
May 17, 2001
Branscum v. State (Corbin, J.) CR00-782
Evidence -- Capital-murder conviction supported by ample evidence; motion for directed verdict properly denied; appellant's statement voluntary & admissible; no error found; photographs not cumulative; each had specific purpose. [HTML, WP5.1]
City of Lowell v. City of Rogers (Imber, J.) 00-991
Municipal corporations -- Requested services; trial court clearly erred when it found that appellant city did not make commitment to provide; appellee had standing to argue appellee did not comply with Act 1999; genuine issues of material fact remained concerning appellee city's compliance with Act 779 of 1999. [HTML, WP5.1]
Forrest Constr., Inc. v. Milam (Arnold, C.J.) 00-830
Property -- Standing; appellant had standing as party aggrieved by liability for attorney's fees; restrictive covenants; chancellor erred in finding three factors imposed restriction against lot-splitting; order enjoining further splitting of lots reversed where chancellor erred in interpretation of restrictive covenant. [HTML, WP5.1]
In Re: Davis (Per Curiam) 01-460
Attorney & client -- Professional Conduct Committee petition; failure to perfect appeal of disbarment order; order served upon attorney. [HTML, WP5.1]
Shook v. Huffman (Thornton, J.) 00-1131
Prohibition, writ of -- Other remedies available to petitioner; petition for writ denied. [HTML, WP5.1]
State v. Stapleton (Per Curiam) 01-523
Appeal & error -- Motion for stay and for expedited review of proceedings granted. [HTML, WP5.1]
Sutter v. Sutter (Glaze, J.) 00-552
Trusts -- Settlor may reserve beneficial interest for his life and power to revoke trust at any time; reservation of dominion & control over res; beneficiaries still have vested interest subject to divestment; beneficiaries entitled to have trust administered according to its terms where settlor failed to exercise powers over trust during his life chancellor not clearly erroneous in holding trust to be valid. [HTML, WP5.1]
Ross v. State (Per Curiam) CR01-177
Contempt -- Certification of complete transcription of record; circuit court ordered to take actions necessary to secure. [See 344 Ark. 623-625 for text of opinion.] [HTML, WP5.1]
In Re: Arkansas Rules of Criminal Procedure--1.5 & 8.2 (Per Curiam) [HTML, WP5.1]
Anderson v. Reed, 01-166 (Per Curiam), Pro Se Motion to File Supplemental Brief denied; appeal dismissed May 17, 2001. [HTML, WP5.1]
Arnett v. State, CR 01-265 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Pro Se Motion for Appointment of Counsel denied May 17, 2001. [HTML, WP5.1]
Brady v. State, CR 01-393 (Per Curiam), Pro Se Petition for Review denied; Pro Se Motion for Rule on Clerk granted in part and denied in part May 17, 2001. [HTML, WP5.1]
Dirickson v. State, CR 99-795 (Per Curiam), affirmed May 17, 2001. [HTML, WP5.1]
Hillard v. State, CR 94-238 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied May 17, 2001. [HTML, WP5.1]
Jackson v. State, CR 00-1147 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied May 17, 2001. [HTML, WP5.1]
Jones v. State, CR 01-178 (Per Curiam), Pro Se Motions for Duplication of Brief at Public Expense and to File Belated Brief and to Correct Record denied; appeal dismissed May 17, 2001. [HTML, WP5.1]
Martin v. State, CR 99-828 (Per Curiam), affirmed May 17, 2001. [HTML, WP5.1]
Skinner v. State, CR 00-1361 (Per Curiam), Pro Se Motion for Rule on Clerk denied May 17, 2001. [HTML, WP5.1]
Standridge v. State, CR 01-101 (Per Curiam), Pro Se Motion to Waive Requirement that Appellant Provide Seventeen Copies of Brief moot; appeal dismissed May 17, 2001. [HTML, WP5.1]
Washington v. State, CR 01-409 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied May 17, 2001. [HTML, WP5.1]
Williams v. Norris, 00-37 (Per Curiam), affirmed May 17, 2001. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
00-830. Forrest Construction, Inc. v. John and Claudia Milam et al., from Sebastian Chancery, Greenwood District. Affirmed in Part; Reversed in Part. Arkansas Court of Appeals Affirmed in Part; Reversed in Part. (12 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
00-552. Joshua Sutter v. Mary Lou Sutter, from Independence Chancery. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR00-782. Lance Alan Branscum v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
00-991. City of Lowell, Arkansas v. City of Rogers, Arkansas; Horace Obern Nations, Trustee of the Obern Nations Trust; Frances B. Williams; Gilbert and Eileen Brooks, Husband and Wife; Fadil Bayyari, Trustee of the Fadil Bayyari Trust; George H. Mills and Frances M. Mills, Trustee of The Amended and Restated George Henry Mills Trust; and Don Mills, from Benton Circuit. Affirmed in Part; Reversed and Remanded in Part. (10 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
00-1131. Jennifer Shook, as a Shareholder on Behalf of Delta P.C. & I., Inc. v. The Honorable Don Huffman, from Benton Chancery. Petition for Writ of Prohibition Denied; Temporary Stay Dissolved. Glaze, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR99-795. Albert Allen Dirickson v. State of Arkansas, from Sevier Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-828. Gregory Martin v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
00-37. Benjamin Williams v. Larry Norris, Director, Arkansas Department of Correction, from Lee Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
REVIEW GRANTED: Petition for review was granted today in the following case.
01-352. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
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.
01-411. 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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01-460. Albert Wayne Davis v. James A. Neal, Executive Director, of the Supreme Court Committee on Professional Conduct, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal 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. Motion for belated return of writ. Amended and substituted order to appear and show cause. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
CR01-177. Carol Ross v. State of Arkansas, from Perry Circuit; CR01-268. Mark Singson v. State of Arkansas, from Pulaski Circuit, Fifth Division; 01-269. Gil Landers d/b/a Big Daddy's Pawn Shop, Linda Stewart v. Ken James, from Pulaski Circuit, Fifth Division; CR00-1445. Quinton Lee Handy v. State of Arkansas, from Pulaski Circuit, Fifth Division; CR01-336. Deborah Rouse v. State of Arkansas, from Pulaski Circuit, Fifth Division; CR01-348. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division; CR01-342. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Amended and substituted order to appear and show cause. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
CR01-342. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated return of writ. Amended and substituted order to appear and show cause. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
CR01-348. Alexander Davison v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated return of writ. Amended and substituted order to appear and show cause. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Petition for writ of certiorari to complete the record is granted until June 16, 2001.
CR01-353. Wayne Fulcher v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record is granted until June 16, 2001.
CR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Petition for writ of certiorari to complete the record is granted until June 16, 2001.
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 is denied. Corbin, J., not participating.
01-290. James Edens v. Superior Marble & Glass et al., from Workers' Compensation Commission. Appellees' motion to file supplemental brief is granted.
01-482. Erma Lessie Young v. Charles Klepper, M.D., from Searcy Circuit. Appellee's motion to dismiss appeal and for award of costs is granted.
01-523. State of Arkansas, Arkansas Department of Correction v. Jackie Lee Stapleton, from Lincoln Circuit. Appellant's motion for stay and expedited review of proceedings is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
00-792. James Wayne Wisener et al. v. Judith Wisener Burns, from Bradley Chancery. Appellee's motion suggesting the appearance of a conflict of interest is denied, Chief Justice Arnold has no conflict.
CR94-238. Craig Keith Hillard v. State of Arkansas, from Phillips 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]
CR00-1147. Jeffery Jackson a/k/a Jeffrey Jackson v. State of Arkansas, from Grant Circuit. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-1361. Mitchell Skinner v. State of Arkansas, from White Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-101. Robert D. Standridge v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to waive requirement that appellant provide seventeen copies of brief. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-178. Thomas Lester Jones v. State of Arkansas, from White Circuit. Pro se motions for duplication of brief at public expense and to file belated brief and to correct record. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-265. Carolyn Lanore Arnett v. State of Arkansas, from Greene Circuit. Pro se motions for extension of time to file brief and for appointment of counsel. Motion for extension of time granted; motion for appointment of counsel denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-393. David Brady v. State of Arkansas, from Lee Circuit. Pro se petition for review and motion for rule on clerk. Petition for review denied; motion for rule on clerk granted in part and denied in part. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-409. Michael Washington v. State of Arkansas, from Pike Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
01-166. James K. Anderson v. M.D. Reed and Terry Cass, from Lincoln Circuit. Pro se motion to file supplemental brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Arkansas Rules of Criminal Procedure 1.5 and 8.2. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
99-1514. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division.
00-900. Carlos D. Elam and Arbra Elam v. Hartford Fire Insurance Company, from Franklin Circuit, Northern District.
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PETITIONS FOR REVIEW:
01-333. Clay M. Goodson and Florence Goodson v. Mary Carolyn Goodson, from Pulaski Circuit, Third Division.
01-454. Veronica Witt v. David Witt, from Washington Chancery.
01-463. Office of Child Support Enforcement v. Michael B. Neely, from Union Chancery.
01-468. Carolyn Martin v. Hearn Spurlock, Inc. d/b/a J.B.'s Express, from White Circuit.
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CR01-355. Ricky Flewellyn v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record.
CR01-524. Tony Pennington v. State of Arkansas, from Crawford Circuit. Motion to be relieved as counsel.
CR01-525. Derrick Burnett, Sr. v. State of Arkansas, from Jefferson Circuit. Motion for rule on the clerk.
00-878. Jerry Bullington et al. v. Helen Palangio, from Van Buren Circuit. Appellants' motion to continue oral argument.
01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District. Appellee's motion to file supplemental brief.
01-330. Doris Butler et al. v. Mid-South Road Builders, Inc., from St. Francis Circuit. Appellants' motion for accelerated proceedings.
01-330. Doris Butler et al. v. Mid-South Road Builders, Inc., from St. Francis Circuit. Appellants' motion for temporary relief.
01-330. Doris Butler et al. v. Mid-South Road Builders, Inc., from St. Francis Circuit. Appellee's motion to dismiss appeal.
01-339. Bob E. Fewell et al. v. Mike Pickens, Insurance Commissioner, from Pulaski Circuit, Seventh Division. Petitioners' motion to supplement the record.
01-422. Committee on Professional Conduct v. Philip K. Kinsey, (Arkansas Bar ID # 67031), from Arkansas Supreme Court Committee on Professional Conduct. Motion for extension of time to file responsive pleading.
CR00-1399. Lisa K. Bennett v. State of Arkansas, from White Circuit. Argued orally.
00-1297. Mark Steven Cambiano v. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit.
00-1409. Stan Jackson v. City of Blytheville Civil Service Commission, from Mississippi Circuit, Chickasawba District.
00-1450. Juanita Jackson v. Jerry Kelly et al., from Mississippi Circuit, Osceola District.
01-68. Southern Farm Bureau Casualty Insurance Co. v. Terry Easter et al., from Benton Circuit.
01-258. Stephen Clemmons v. Office of Child Support Enforcement, from Pope Chancery.