ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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345 Ark.

Opinions delivered
June 7, 2001


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Butcher v. State (Per Curiam) CR01-484

Attorney & client -- Petitioner not convicted of offense; counsel's obligation ended when nolle prosequi was entered; no good cause given for pro se appellants failure to perfect appeal; motion for belated appeal denied. [HTML, WP5.1]

Dillard v. Nix (Thornton, J.) 00-1454

Wills -- Attestation; appellee satisfied statutory requirements for proving attested will by testimony of two attesting witnesses; changes to will of no legal significance; trial court's determination not clearly erroneous. [HTML, WP5.1]

Douglas v. Adams Trucking Co. (Brown, J.) 00-1242

Insurance -- Advance payments; credit for some of advances made to appellant by appellee's insurance carrier should be allowed; voluntary-payment rule inapplicable; offset affirmed in part; reversed & remanded with instructions to modify offset amount. [HTML, WP5.1]

Leaks v. State (Glaze, J.) CR00-895

Criminal law -- First-degree murder; evidence sufficient to support jury's conviction. [HTML, WP5.1]

Scales v. State (Per Curiam) CR01-549

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

St. Paul Reinsurance Co. v. Irons (Corbin, J.) 00-1478

Insurance -- Valued-policy statute; order granting appellee judgment affirmed where appellant's attempt to limit appellee's recovery was in direct conflict with valued-policy exception. [HTML, WP5.1]

State v. Osborn (Corbin, J.) CR01-21

Jurisdiction -- Effects requisite to consummation of offense occurred in second county; trial court erred in dismissing charge against appellee in second county; no double jeopardy violation where supreme court reversed & remanded with instructions to reinstate charge of hindering apprehension. [HTML, WP5.1]

Wayne Alexander Trust v. City of Bentonville (Per Curiam) 01-633

Appeal & error -- Motion to stay; denied. [HTML, WP5.1]

SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING

Echols v. State (Per Curiam) CR99-1060

Criminal procedure -- Postconviction proceedings in death cases; defendant may raise any issue that may demonstrate that his conviction & death sentence were illegally & unconstitutionally obtained; defendant's conscious choice as to which issues alleged error to pursue on appeal effectively waives consideration of those issues not pursued; nothing inconsistent in supreme court's opinion that would required rehearing; petition for rehearing denied. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDERS

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

APPOINTMENTS TO COMMITTEES

In Re: Supreme Court Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]

PROFESSIONAL CONDUCT MATTERS

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

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

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

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. Hudson, CR 01-517 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 7, 2001. [HTML, WP5.1]

Dennis v. State, CR 99-1159 (Per Curiam), dismissed June 7, 2001. [HTML, WP5.1]

Jackson v. State, CR 99-1117 (Per Curiam), affirmed June 7, 2001. [HTML, WP5.1]

Kelley v. State, CR 99-930 (Per Curiam), affirmed June 7, 2001. [HTML, WP5.1]

Skarda v. State, CR 99-1137 (Per Curiam), affirmed June 7, 2001. [HTML, WP5.1]

Williams v. State, CR 99-1006 (Per Curiam), affirmed June 7, 2001. [HTML, WP5.1]


ORIGINAL SYLLABUS

TOM GLAZE, JUSTICE:

CR00-895. Bruce Edward Leaks v. State of Arkansas, from Miller Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-21. State of Arkansas v. Dean Marion Osborn, from Franklin Circuit, Southern District. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

00-1478. St. Paul Reinsurance Co., Inc. v. Cheryl Irons, Individually and d/b/a Riverfront Phase II, from Desha Circuit, Arkansas City District. Affirmed. Glaze, J., concurs. (8 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-1242. Loye Douglas v. Adams Trucking Co., Inc., from Perry Circuit. Affirmed in Part; Reversed and Remanded in Part. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-1454. Andra Dillard, Annette Barry, and Joseph Nichols Dillard, Jr. v. George H. Nix, from Pulaski Probate, Fifth Division. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-930. John Kelley v. State of Arkansas, from Grant Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1006. James H. Williams Jr. v. State of Arkansas, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1117. Coy Jackson v. State of Arkansas, from Garland Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1137. Martin Skarda v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1159. Michael Winston Dennis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. See supplemental opinion on denial of rehearing this date. Glaze, J., would grant. See dissenting opinion this date. (3 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR00-760. Jason McGehee v. State of Arkansas, from Boone Circuit.

99-1331. Lynn Carl Middleton v. Geraldine Lockhart et al., from Newton Chancery.

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR01-515. Shawn Barbee v. State of Arkansas, from Ashley Circuit.

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REVIEW DENIED: Petition for review was denied today in the following case.

01-532. Cantrell Realty Company, Inc. v. Simmons First National Bank, from Jefferson Circuit.

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CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file enlarged brief is denied. See Pemberton v. State, 291 Ark. 198 (1987).

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 is granted.

CR01-181. Eugene William Beck v. State of Arkansas, from Crawford Circuit. Motion to file belated reply brief is granted. Glaze and Hannah, JJ., would deny.

CR01-497. Leonel Bautista v. State of Arkansas, from Crittenden Circuit. Motion to withdraw as attorney of record is denied. Corbin, J., would deny without prejudice.

CR01-549. Rodney Scales v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

01-80. John Dodge et al. v. Honorable Tom J. Keith, Judge, from Benton Circuit. Appellants' motion for reconsideration is denied.

01-208. Mary Lee Orsini v. Bruce Beck et al., from Jackson Circuit. Joint motion to dismiss appeal is granted.

01-208. Mary Lee Orsini v. Bruce Beck et al., from Jackson Circuit. Joint motion for extension of brief time. Moot.

01-491. Linen Service, Inc. d/b/a Broadway Linen Service v. Drew County Memorial Hospital, from Drew Circuit. Appellant's motion for reconsideration is denied.

01-551. Doris M. Billups v. Professional Builders & Realty, Inc. et al., from Saline Circuit. Motion for rule on the clerk is denied.

01-602. Virginia Badger v. Arkansas Department of Human Services et al., from Washington Chancery. Appellees' motion to expedite ruling is denied.

99-1348. Arkansas State Game & Fish Commission et al. v. Honorable John N. Harkey, Judge, from Stone Circuit. Appellee's motion for continuance is denied. Imber and Thornton, JJ., not participating.

01-394. In Re: Kenneth Gerald Breckenridge (Arkansas Bar ID #84015). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

01-615. In Re: Edward L. Wright (Arkansas Bar ID #59022). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

01-625. In Re: James Odell Clawson, Jr. (Arkansas Bar ID #90219). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-484. John R. Butcher v. State of Arkansas, from Garland Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR01-517. James K. Anderson v. Honorable James Hudson, Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Implementation of Amendment 80: Amendments to Rules of Appellate Procedure - Civil and Rules of the Supreme Court and Court of Appeals. See per curiam this date. (20 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Board of Certified Court Reporter Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable David Clinger, Circuit Judge, of Bentonville and Ms. Debbie Dudley Worthington of Little Rock are reappointed to the Board of Certified Court Reporter Examiners for three-year terms to expire on July 31, 2004.

The Court expresses its appreciation to Judge Clinger and Ms. Worthington for accepting reappointment to this important Board.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

00-1269. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery.

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PETITIONS FOR REVIEW:

00-1358. Cheryl Paslay Brewer et al. v. Arkansas Department of Human Services, from White Chancery.

01-535. Craig Brown v. Kawneer Company, Inc., from Workers' Compensation Commission.

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CR00-1310. Curtis Hoyt Yancey and Roy Lee Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to stay the mandate.

CR01-371. State of Arkansas v. Timothy Wayne Hardin, from Pulaski Circuit, First Division. Appellant's motion to supplement the record and for brief time.

CR01-595. Timothy Houff v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on the clerk.

CR01-596. Olga Margarita Paz v. State of Arkansas, from Washington Circuit. Motion to withdraw as attorney of record and for appointment of counsel.

CR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion and amended motion for rule on the clerk.

CR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion to be relieved as attorney for appellant.

CR01-604. Ronald Dworshak v. State of Arkansas, from Faulkner Circuit. Motion for rule on the clerk.

01-352. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division. Appellants' motion to file supplemental brief.

01-352. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division. Appellee's motion to file supplemental brief.

01-380. Lea Ann Linder et al. v. Bill Linder et al., from Sebastian Chancery, Fort Smith District. Motion of the State of Arkansas to intervene.

01-602. Virginia Badger v. Arkansas Department of Human Services et al., from Washington Chancery. Appellees' motion to dismiss appeal.

01-602. Virginia Badger v. Arkansas Department of Human Services et al., from Washington Chancery. Petition for writ of certiorari to complete the record.

01-609. Greg Jackson v. Honorable John C. Ward, Judge, from Pulaski Circuit, Third Division. Petition for writ of prohibition and mandamus.

CA01-298. Mazda Motor Corporation et al. v. The Community Bank, Special Administrator, from Lonoke Circuit. Appellants' motion to supplement the record and for brief time.

SUBMISSIONS

00-878. Jerry Bullington et al. v. Helen Palangio, from Van Buren Circuit. Argued orally.

00-1348. Arkansas Game & Fish Commission et al. v. Honorable John N. Harkey, Judge, from Stone Circuit. Argued orally.

CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-1146. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division.

CR01-224. Keyono Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division.

01-121. Ruffin Building Systems, Inc. et al. v. Riverdale Development Company, from Pulaski Circuit, Fifth Division.