Opinions delivered
June 14, 2001
Arkansas Game and Fish Comm'n v. Harkey (Hannah, J.) 00-1348
Prohibition, writ of -- Appropriate venue for action was Pulaski County; writ of prohibition granted. [HTML, WP5.1]
City of Benton v. Arkansas Soil & Water Conservation Comm'n (Imber, J.) 01-60
Administrative law & procedure -- Hearings; appellants failed to demonstrate informal nature of hearings violated substantial rights; ex parte communications; statements of which appellants complained were made at public hearings; without filing or ruling upon affidavit of personal bias or disqualification supreme court could not reach issue. [HTML, WP5.1]
Cook v. State (Imber, J.) CR01-224
Evidence -- Documents made existence of appellant's intent to commit aggravated robbery more probable than it would have been without evidence; trial court did not abuse its discretion in finding documents relevant; prejudicial effect did not substantially outweigh probative value of evidence; documents were independently relevant proof of appellant's intent to commit underlying felony; documents were admissible under intent exception to Ark. R. Evid. 404(b). [HTML, WP5.1]
Dworshak v. State (Per Curiam) CR01-604
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Houff v. State (Per Curiam) CR01-595
Appeal & error -- Motion for rule on clerk denied; counsel must accept responsibility. [HTML, WP5.1]
May Constr. Co. v. Riverdale Dev. Co. (Corbin, J.) 01-121
Motions -- Orders denying motions to stay not reviewable; appeal dismissed. [HTML, WP5.1]
Moix-McNutt v. Brown (Per Curiam) 01-283
Appeal & error -- Motion to supplement record; remanded in part to settle record. [HTML, WP5.1]
Ramaker v. State (Arnold, C.J.) CR00-449
Evidence -- Polygraph examination; rules barring admissibility do not abridge accused's right to present defense; trial court did not err in allowing State to redact appellant's requests to take exam from tape & transcript; trail court did not abuse discretion in admitting victim photographs. [HTML, WP5.1]
Rutledge v. State (Brown, J.) CR00-1146
Evidence -- Conviction supported by substantial evidence; motion for directed verdict properly denied. [HTML, WP5.1]
Southern Farm Bureau Cas. Ins. Co. v. Easter (Thornton, J.) 01-68
Insurance -- Facts unresolved as to whether circumstances that would trigger policy exclusion actually occurred; questions must be resolved by trial court; summary judgment erroneously granted; order granting summary judgment reversed. [HTML, WP5.1]
Thomas v. State (Arnold, C.J.) CR00-1185
Appeal & error -- State failed to pursue appeal from circuit court's transfer order; appeal dismissed for lack of appellate jurisdiction. [HTML, WP5.1]
Davis v. State, CR 01-57 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted June 14, 2001. [HTML, WP5.1]
Johnson v. State, CR 00-129 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed June 14, 2001. [HTML, WP5.1]
Kindall v. State, CR 86-222 (Per Curiam), Pro Se Petition to Proceed in Circuit Court Pursuant to Criminal Procedure Rule 37 dismissed June 14, 2001. [HTML, WP5.1]
Randolph v. State, CR 01-314 (Per Curiam), Pro Se Motion to Dismiss Appeal granted June 14, 2001. [HTML, WP5.1]
Walker v. State, CR 99-1133 (Per Curiam), affirmed June 14, 2001.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR00-449. Michael Ramaker v. State of Arkansas, from Benton Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
CR00-1185. Michael Anson Thomas v. State of Arkansas, from Jefferson Circuit. Appeal Dismissed. (3 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
01-121. May Construction Company and Ruffin Building Systems, Inc. v. Riverdale Development Company, LLC, from Pulaski Circuit, Fifth Division. Appeal Dismissed. (6 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR00-1146. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR01-224. Keyono Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
01-60. City of Benton and Saline County, Arkansas v. Arkansas Soil and Water Conservation Commission, from Pulaski Circuit, Second Division. Affirmed. (17 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
01-68. Southern Farm Bureau Casualty Insurance Company v. Terry Easter, Rhonda Johnson, Roy Johnson, and Ronald Taylor, from Benton Circuit. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
00-1348. Arkansas Game and Fish Commission et al. v. Honorable John N. Harkey, from Stone Circuit. Writ of Prohibition Granted. Glaze, J., concurs. Special Justices Martha Harriman and Jim Burnett join in this opinion. Brown and Thornton, JJ., not participating. (7 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR99-1063. Curtis Winfrey v. State of Arkansas, from Little River Circuit. Reversed and Remanded. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
CR99-1133. Fredrick Schmon Walker v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
00-1269. Joseph M. Hart et al. v. Norman D. McChristian, from Washington Chancery.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
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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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 is denied.
01-283. Ramona Moix-McNutt v. Robert J. Brown, from Pulaski Circuit, Second Division. Appellant's motion to supplement the record is denied in part; remanded in part to settle the record. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR00-1310. Curtis Hoyt Yancey and Roy Lee Cloud v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to stay the mandate is granted until September 12, 2001.
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 is granted.
CR01-595. Timothy Houff v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on the clerk. Motion denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR01-596. Olga Margarita Paz v. State of Arkansas, from Washington Circuit. Motion to withdraw as attorney of record and for appointment of counsel is denied. No affidavit of financial means filed with this Court.
CR01-604. Ronald Dworshak v. State of Arkansas, from Faulkner Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
01-352. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division. Appellants' motion to file supplemental brief is granted.
01-352. City Slickers, Inc. et al. v. Joseph E. Douglas, from Pulaski Chancery, Fourth Division. Appellee's motion to file supplemental brief is granted.
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 is granted.
01-602. Virginia Badger v. Arkansas Department of Human Services et al., from Washington Chancery. Appellees' motion to dismiss appeal is granted.
01-602. Virginia Badger v. Arkansas Department of Human Services et al., from Washington Chancery. Petition for writ of certiorari to complete the record. Moot.
01-609. Greg Jackson v. Honorable John C. Ward, Judge, from Pulaski Circuit, Third Division. Petition for writ of prohibition and mandamus is denied.
01-298. Mazda Motor Corporation et al. v. The Community Bank, Special Administrator, from Lonoke Circuit. Appellants' motion to supplement the record and for brief time is granted.
01-633. Wayne Alexander Trust, Wayne Alexander, Trustee v. City of Bentonville, Arkansas, from Benton Circuit. Emergency motion for stay pending appeal; motion to expedite consideration of emergency motion for stay pending appeal. Motion to expedite granted; motion to stay denied. See per curiam. (Proceedings of June 7, 2001). [HTML, WP5.1]
CR86-222. Kenneth Ray Kindall a/k/a Kenneth Ray Kendal v. State of Arkansas, from Jefferson Circuit. Pro se petition to proceed in circuit court pursuant to Criminal Procedure Rule 37. Petition Dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR00-129. Donald Cleveland Johnson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-57. Michael A. Davis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-314. Roderic T. Randolph v. State of Arkansas, from Garland Circuit. Pro se motion to dismiss appeal. Motion to dismiss appeal granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
99-1331. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Chancery.
99-1366. Philip Aka v. Jefferson Hospital Association, Inc. et al., from Jefferson Circuit. (separate appellees Herbert Fendley, M.D. et al.)
99-1366. Philip Aka v. Jefferson Hospital Association, Inc. et al., from Jefferson Circuit. (separate appellees Kimberly Garner, M.D. et al.)
99-1366. Philip Aka v. Jefferson Hospital Association, Inc. et al., from Jefferson Circuit. (appellee St. Paul Fire & Marine Insurance Company)
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PETITIONS FOR REVIEW:
CR01-540. James Kelly Beasley v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR01-560. William J. Wigley v. State of Arkansas, from Sebastian Circuit, Greenwood District.
CR01-584. Frederick Goodman v. State of Arkansas, from Saline Circuit.
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CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Motion for extension of time to lodge record.
CR01-616. Jacinto Henderson v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk.
CR01-627. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to be relieved as counsel.
CR01-636. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit. Petition for writ of certiorari to complete the record.
01-244. St. Francis County Election Commission et al. v. Robert Lewis Joshaway et al, from St. Francis Circuit. Appellees' motion to dismiss appeal.
01-244. St. Francis County Election Commission et al. v. Robert Lewis Joshaway et al., from St. Francis Circuit. Appellees' motion for extension of time to file brief.
01-394. Kenneth Gerald Breckenridge v. Nancie Givens, Acting Executive Director and Senior Staff Attorney, Supreme Court Committee on Professional Conduct, from Arkansas Supreme Court Committee on Professional Conduct. Appellant's motion to dismiss appeal.
01-460. Albert Wayne Davis (Arkansas Bar ID #76026) v. James A. Neal, Executive Director for the Arkansas Supreme Court Committee on Professional Conduct, from Pulaski Circuit, Sixth Division. Motion for extension of time to respond.
01-606. Arkansas Supreme Court Committee on Professional Conduct v. George R. Wadley (Arkansas Bar ID #87180), from Arkansas Supreme Court Committee on Professional Conduct. Petition to disbar.
00-926. Linda Taylor v. Chris L. Taylor, from Saline Chancery. Argued orally.
01-126. Brad Butler v. Hearst-Argyle Television, Inc. et al., from Benton Circuit. Argued orally.
CR00-1397. Vincent Anthony Sanevero v. State of Arkansas, from Pulaski Circuit, Seventh Division.
01-73. City of Van Buren, Arkansas v. Curtis Smith, from Crawford Circuit.
01-105. Opal Wright v. City of Monticello et al., from Drew Chancery.
01-312. Regions Bank & Trust, N.A., Administrator of the Estate of Victoria Ann Elder v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit.