Bennett v. State (Glaze, J.) CR00-1399

Criminal procedure -- Warrantless arrest; warrant issued based upon smell of legal substance; probable cause did not exist to support warrant; affidavit supporting search warrant was so lacking in indicia of probable cause that it was unreasonable for executing officers to rely on it; trial court's determination that good-faith exception applied was clearly against preponderance of evidence. [HTML, WP5.1]

Burnett v. State (Per Curiam) CR01-525

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

Jackson v. City of Blytheville Civil Serv. Comm'n (Brown, J.) 00-1409

Retirement & pensions -- Deferred retirement option plan (DROP); appellant was subject to precise terms of statute; circuit court correctly concluded that appellant's rehiring violated terms of Ark. Code Ann. § 24-11-830. [HTML, WP5.1]

Lacy v. State (Brown, J.) CR00-909

Criminal procedure -- Appellant initiated contact with police after invoking right to counsel; trial court did not err in finding appellant knowingly & intelligently waived Miranda rights; appellant's mother was not police department's agent or functional equivalent; no violation of Rhode Island v. Innis. [HTML, WP5.1]

Western Carroll County Ambulance Dist. v. Johnson (Thornton, J.) 00-1271

Statutes -- Ark. Code Ann. § 14-282-102(e) allows for imposition of taxes upon both real and personal property; grant of partial summary judgment reversed. [HTML, WP5.1]

Wisener v. Burns (Imber, J.) 00-792

Trusts -- Settlor's intent; document revealed that settlor's intent at time of trust's creation was that income generated by trust belonged to her; suit by appellants not maintained on behalf of beneficiary of trust; suit by appellants as remaindermen could not be maintained; trial court did not err in refusing to order equalization of premortem distributions. [HTML, WP5.1]

Yancey v. State (Hannah, J.) CR00-1310

Search & seizure -- Assertion of criminal history in affidavit nothing more than unsubstantiated conclusion; information insufficient to support finding of probable cause; neither direct or circumstantial evidence existed to support reasonable cause to believe contraband or evidence of crime would likely be found in homes to be searched; good-faith exception to warrant requirement applied; evidence seized from appellant's home should not have been suppressed. [HTML, WP5.1]

In Re: Implementation of Amendment 80: Amendments to Admin. Orders (Per Curiam) [HTML, WP5.1]

In Re: Implementation of Amendment 80: Amendments to Rules of Civil Procedure and Inferior Court Rules (Per Curiam) [HTML, WP5.1]

In Re: Arkansas Alternative Dispute Resolution Comm'n (Per Curiam) [HTML, WP5.1]

In Re: Arkansas Judicial Discipline and Disability Comm'n (Per Curiam) [HTML, WP5.1]

In Re: Supreme Ct. Alt. Comm. on Prof'l Conduct (Per Curiam) [HTML, WP5.1]

Boatman v. State, 01-419 (Per Curiam), Pro Se Motions for Appointment of Counsel and for Extension of Time to File Brief; denied and appeal dismissed May 24, 2001. [HTML, WP5.1]

Farver v. Davis, CR 01-113 (Per Curiam), Pro Se Motions for Reconsideration of Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed May 24, 2001. [HTML, WP5.1]

Gipson v. State, CR 00-1246 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Appointment of Counsel denied May 24, 2001. [HTML, WP5.1]

Hunt v. Arkansas Dep't of Fin. and Admin., 01-389 (Per Curiam), Pro Se Motion to Proceed in Forma Pauperis denied May 24, 2001. [HTML, WP5.1]

Raglin v. State, CR 97-402 (Per Curiam), additional briefing ordered May 24, 2001. [HTML, WP5.1]

Swanigan v. State, CR 99-1106 (Per Curiam), affirmed May 24, 2001. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR00-1399. Lisa K. Bennett v. State of Arkansas, from White Circuit. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-909. John Aaron Lacy v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Imber and Thornton, JJ., dissent. (17 PAGES + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

00-1409. Stan Jackson v. City of Blytheville Civil Service Commission, from Mississippi Circuit, Chickasawba District. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-792. James Wayne Wisener and John Fields Wisener, Individually and as Co-Trustees of The Elizabeth Hargis Wisener Trust, Brenda Wisener, and Karen Wisener v. Judith Wisener Burns, Individually and as Co-Trustee of The Elizabeth Hargis Wisener Trust, from Bradley Chancery. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-1271. Western Carroll County Ambulance District (AKA WCCAD); Bayard Biossat, Jack Faulkner, and William W. Woodward, in their official capacities as Commissioners of WCCAD; City of Eureka Springs, Arkansas; Carroll County, Arkansas; Carolyn Williams, Phillip Jackson, Kay Phillips, Cindy Vowell, and Shirley Doss, in their official capacities as Assessor, County Judge, Collector, Treasurer, and Clerk for Carroll County, Arkansas v. C. Rodney Johnson, Leonard R. Fowler, and Marvin D. Hoffman, from Carroll Chancery, Western District. Reversed and Remanded. Brown and Imber, JJ., dissent. (7 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-1310. Curtis Hoyt Yancey and Lee Roy Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Circuit Court Affirmed in Part and Reversed in Part; Court of Appeals Affirmed in Part and Reversed in Part. Brown, J., concurs in part and dissents in part. (17 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR97-402. Rodney Maurice Raglin v. State of Arkansas, from Pulaski Circuit, First Division. Additional Briefing Ordered. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1106. Steven Swanigan v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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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01-155. Timothy Delwin Gibbs et al. v. Roy Leo Hensley, from Faulkner Chancery. Appellants' motion to amend reply brief and to file substituted reply brief is granted.

CR01-355. Ricky Flewellyn v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record is granted until June 23, 2001.

CR01-524. Tony Pennington v. State of Arkansas, from Crawford Circuit. Motion to be relieved as counsel is denied.

CR01-525. Derrick Burnett, Sr. v. State of Arkansas, from Jefferson Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

00-878. Jerry Bullington et al. v. Helen Palangio, from Van Buren Circuit. Appellants' motion to continue oral argument is denied.

01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District. Appellee's motion to file supplemental brief is granted.

01-330. Doris Butler et al. v. Mid-South Road Builders, Inc. et al., from St. Francis Circuit. Appellants' motion for accelerated proceedings is denied.

01-330. Doris Butler et al. v. Mid-South Road Builders, Inc. et al., from St. Francis Circuit. Appellants' motion for temporary relief is denied.

01-330. Doris Butler et al. v. Mid-South Road Builders, Inc. et al., from St. Francis Circuit. Appellees' motion to dismiss appeal. Passed until case submitted.

01-330. Doris Butler et al. v. Mid-South Road Builders, Inc. et al., from St. Francis Circuit. Appellees' motion to consolidate cases is denied without prejudice.

01-339. Bob E. Fewell et al. v. Mike Pickens, Insurance Commissioner, from Pulaski Circuit, Seventh Division. Petitioners' motion to supplement the record is granted.

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 is granted.

01-553. Suzanne Neumeier Washburn v. Dr. Wayne L. Bruffett et al., from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record. Final extension granted until June 23, 2001. Failure to comply show cause order may issue.

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

CR01-113. Walter Bernard Farver v. Honorable Fred Davis, Judge and Jeanette Hence, Circuit Clerk, from Jefferson Circuit. Pro se motions for reconsideration of motion for rule on clerk to file mandamus petition without record. Motions dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-389. Kenneth Hunt v. Arkansas Department of Finance and Administration, from Lee Circuit. Pro se motion to proceed in forma pauperis. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-419. Willie S. Boatman v. State of Arkansas, from Jackson Circuit. Pro se motions for appointment of counsel and for extension of time to file brief. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Implementation of Amendment 80: Amendments to Rules of Civil Procedure and Inferior Court Rules. See per curiam this date. (18 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Implementation of Amendment 80: Amendments to Administrative Orders. See per curiam this date. (21 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Alternate Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Dr. Rose Marie Word of Pine Bluff, serving an At-Large Position, is reappointed to the Alternate Committee on Professional Conduct. The Court thanks Dr. Word for accepting reappointment to this most important Committee.

In Re: Arkansas Judicial Discipline and Disability Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In accordance with Amendment 66 of the Constitution of Arkansas and Act 637 of 1989, the Court appoints the Honorable Chris Williams of Malvern to the Arkansas Judicial Discipline and Disability Commission for a six-year term to expire on June 30, 2007. The Court reappoints the Honorable Leon Jamison of Pine Bluff to an alternate position on the Commission for a six-year term to expire on June 30, 2007.

The Court thanks Judge Williams and Judge Jamison for accepting appointment to the Commission. The Court expresses its appreciation to Judge Van Gearhart whose term on the Commission has expired.

In Re: Arkansas Alternative Dispute Resolution Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In accordance with Act 673 of 1995, the Court appoints Robert Hornberger, Esq., of Fort Smith and Robert McCallum, Esq., of Arkadelphia to the Arkansas Alternative Dispute Resolution Commission for six-year terms to expire on June 30, 2007. The Court reappoints Sidney McCollum, Esq., of Bentonville to the Commission for a six-year term to expire on June 30, 2007. The Court thanks all of these appointees for their willingness to serve on this important Commission.

PETITIONS FOR REHEARING:

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District.

00-333. Sandra B. Palmer v. The Arkansas Council on Economic Education et al., from Pulaski Circuit, Second Division.

01-9. Orma Jean Moon and Bobby J. Moon v. Jim C. Citty, M.D., Arkansas Health Group, d/b/a Searcy Medical Center, from White Circuit.

01-24. Custom Microsystems, Inc. v. Del Blake, from Pulaski Chancery, Sixth Division.

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PETITION FOR REVIEW:

01-456. Ron Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit.

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CR01-177; CR01-268; 01-269; CR00-1445; CR01-336; CR01-348; CR01-342. Madelaine McClure is ordered to appear and show cause today at 9:00 a.m.

CR99-1418. State of Arkansas v. Vincent Fernell Hopes, from Pulaski Circuit, First Division. Appellant's motion to decide case without appellee's brief.

CR00-674. Curtis M. Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal.

CR01-317. Gary Don Barfield v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR01-337. Michael Dennis v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal.

CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Appellants' motion to supplement abstract and brief.

99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery. Appellant's pro se motion to file enlarged petition for rehearing.

00-1375. Misty Lea Schultz v. Honorable Alice Gray, Judge, from Pulaski Circuit, First Division. Petition and amended petition for writ of certiorari to complete the record.

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

01-302. Eugene M. Pfeifer, III et al. v. City of Little Rock, from Pulaski Chancery, Third Division. Appellee's motion for expedited review.

01-330. Doris Butler et al. v. Mid-South Road Builders, Inc. et al., from St. Francis Circuit. Appellees' motion to supplement the record.

01-422. Supreme Court Committee on Professional Conduct v. Philip K. Kinsey, (Arkansas Bar ID #67031), from Arkansas Supreme Court Committee on Professional Conduct. Petitioner's motion to dismiss.

01-422. Supreme Court Committee on Professional Conduct v. Philip K. Kinsey, (Arkansas Bar ID #67031), from Arkansas Supreme Court Committee on Professional Conduct. Petition of the Supreme Court Committee on Professional Conduct for citation of Philip K. Kinsey for contempt of the Arkansas Supreme Court and for other relief.

01-422. Supreme Court Committee on Professional Conduct v. Philip K. Kinsey, (Arkansas Bar ID #67031), from Arkansas Supreme Court Committee on Professional Conduct. Respondent's motion for voluntary surrender of license.

CACR00-920. Daniel R. Frones v. State of Arkansas, from Boone Circuit. Motion for additional time in which to petition for review to the Arkansas Supreme Court.

00-1478. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, from Desha Circuit, Arkansas City District. Argued orally.

CR00-449. Michael Jay Ramaker v. State of Arkansas, from Benton Circuit.

00-1242. Loye Douglas et al. v. Adams Trucking Company, Inc., from Perry Circuit.

00-1454. Andra Dillard et al. v. George H. Nix, from Pulaski Probate, Fifth Division.

01-155. Timothy Delwin Gibbs et al. v. Roy Leo Hensley, from Faulkner Chancery.

01-194. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit.