Opinions delivered
May 31, 2001
Cambiano v. Ligon (Arnold, C.J.) 00-1297
Attorney & client -- Disbarment; order affirmed; only materials not privileged are discoverable; order denying appellant's motion to compel & excluding evidence of other attorneys' misconduct affirmed. [HTML, WP5.1]
Davis v. State (Thornton, J.) CR00-528
Criminal procedure -- Postconviction relief; denial on question of employment of private psychiatrist not clearly erroneous; trial court not clearly erroneous in finding ineffective assistance not proven on independent-expert issue; denial of continuance; trial court did not abuse discretion in finding two months was ample time to prepare for hearing; inadvertent comment on accused's postarrest silence did not warrant mistrial; ineffective-assistance claim; argument concerning proportionality review was meritless. [HTML, WP5.1]
Gibbs v. Hensley (Hannah, J.) 01-155
Appeal & error -- Record on appeal; decision affirmed where record failed to place matters argued before supreme court. [HTML, WP5.1]
J.E. Merit Constr., Inc. v. Cooper (Glaze, J.) 01-194
Torts -- Evidence sufficient tot show that appellant suffered mental anguish & medical expenses; motion for directed verdict properly denied; admission of videotape that showed appellant's damages not abuse of discretion; utilizing treating physician's records in cross-examination of appellant's expert valid to test credibility of his conclusions; no abuse of discretion in allowing. [HTML, WP5.1]
Jackson v. Kelly (Imber, J.) 00-1450
Wills -- Tortious interference with expected inheritance not recognized; appellant had adequate remedy in probate court. [HTML, WP5.1]
Ross v. State (Per Curiam) CR01-177
Contempt -- Hearing; appointment of master. [HTML, WP5.1]
In Re: Modification of the Abstracting System - Amendments to Supreme Court Rules 2-3, 4-2, 4-3, and 4-4 (Per Curiam) [HTML, WP5.1]
In Re: Kinsey (Per Curiam) [HTML, WP5.1]
Bell v. Green, 99-840 (Per Curiam), affirmed May 31, 2001. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
00-1297. Mark Steven Cambiano v. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct, from Conway Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
01-194. J.E. Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Affirmed. (18 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
00-1450. Juanita Jackson v. Jerry Kelly, from Mississippi Circuit, Osceola District. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR00-528. Don William Davis v. State of Arkansas, from Benton Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
01-155. Timothy Delwin Gibbs, Terri Dawn Gibbs Behan, and Clayton Dustin Gibbs v. Roy Leo Hensley, Guardian; Alice Aileen Gibbs, The Estate of Alice Aileen Gibbs, Regions Bank, and The Estate of Vestal M. Gibbs, Deceased, from Faulkner Chancery. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
99-840. Albert Bell v. J.W. Green Jr. and Brad Green, from Arkansas Circuit, Northern District. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
00-333. Sandra B. Palmer v. The Arkansas Council on Economic Education et al.,
from Pulaski Circuit, Second Division. Glaze, J., would grant. Imber, J., not participating.
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.
*****************************
REVIEW GRANTED: Petition for review was granted today in the following case.
01-456. Ron Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit.
*****************************
CR01-177; CR01-268; 01-269; CR00-1445; CR01-336; CR01-348; CR01-342. Appointment of master. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR99-1418. State of Arkansas v. Vincent Fernell Hopes, from Pulaski Circuit, First Division. Appellant's motion to decide case without appellee's brief is granted.
CR00-674. Curtis M. Blockman v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal is granted.
CR01-317. Gary Don Barfield v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal is granted.
CR01-337. Michael Dennis v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal is granted.
CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Appellants' motion to supplement abstract and brief is granted.
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 is denied.
01-194. JE Merit Constructors, Inc. v. Louise Cooper, from Columbia Circuit. Appellee's motion for costs is denied.
01-302. Eugene M. Pfeifer, III et al. v. City of Little Rock, from Pulaski Chancery, Third Division. Appellee's motion for expedited review is denied. Imber, J., not participating.
01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District. Appellant'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. Appellees' motion to supplement the record is denied.
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 is granted.
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. Moot.
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 is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
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 is granted.
In Re: Modification of the Abstracting System - Amendments to Supreme Court Rules 2-3, 4-2, 4-3, and 4-4. See per curiam this date. (11 PAGES PUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
CR00-760. Jason McGehee v. State of Arkansas, from Boone Circuit.
99-1331. Lynn Carl Middleton v. Geraldine Lockhart et al., from Newton Chancery
*****************************
PETITIONS FOR REVIEW:
CR01-515. Shawn Barbee v. State of Arkansas, from Ashley Circuit.
01-532. Cantrell Realty Company, Inc. v. Simmons First National Bank, from Jefferson Circuit.
*****************************
CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file enlarged brief.
CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to supplement exhibits in support of petition for writ of error coram nobis.
CR01-181. Eugene William Beck v. State of Arkansas, from Crawford Circuit. Motion to file belated reply brief.
CR01-497. Leonel Bautista v. State of Arkansas, from Crittenden Circuit. Motion to withdraw as attorney of record.
CR01-549. Rodney Scales v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk or, in the alternative, motion for belated appeal.
01-80. John Dodge et al. v. Honorable Tom J. Keith, Judge, from Benton Circuit. Appellants' motion for reconsideration.
01-208. Mary Lee Orsini v. Bruce Beck et al., from Jackson Circuit. Joint motion to dismiss appeal.
01-208. Mary Lee Orsini v. Bruce Beck et al., from Jackson Circuit. Joint motion for extension of brief time.
01-283. Ramona Moix-McNutt v. Robert J. Brown, from Pulaski Circuit, Second Division. Appellant's motion to supplement the record.
01-491. Linen Service, Inc. d/b/a Broadway Linen Service v. Drew County Memorial Hospital, from Drew Circuit. Appellant's motion for reconsideration.
01-551. Doris M. Billups v. Professional Builders & Realty, Inc. et al., from Saline Circuit. Motion for rule on the clerk.
SUBMISSIONS
01-60. City of Benton v. Arkansas Soil and Water Conservation Commission et al., from Pulaski> Circuit, Second Division. Argued orally.
CR00-345. Richard Cox v. State of Arkansas, from Cross Circuit.
CR00-895. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit.
CR01-21. State of Arkansas v. Dean Marion Osborn, from Franklin Circuit, Southern District.
00-456. Jon H. Dodson, M.D. v. Allstate Insurance Company, from Pulaski Circuit, Seventh Division.
00-1185. Michael Anson Thomas v. State of Arkansas, from Jefferson Circuit.