Beavers v. State (Arnold, C.J.) CR00-615

Evidence -- Refusal to allow defense to use prior testimony not error where appellant was unable to show how rulings by trial court prejudiced her; prior conviction may be used to increase punishment regardless of date of crime; trial court did not err in enhancing appellant's sentence. [HTML, WP5.1]

Bullington v. Palangio (Thornton, J.) 00-878

Corporations -- Individual liability; appellant was personally liable for any liabilities resulting from faulty or incomplete performance of contract; implied warranties of habitability & proper construction not waived where not included in language of express warranty on workmanship. [HTML, WP5.1]

City of Van Buren v. Smith (Imber, J.) 01-73

Municipal corporations -- Civil service commission decisions; circuit court did not err in finding that appellee's behavior was not sufficient basis for termination. [HTML, WP5.1]

Clemmons v. Office of Child Support Enfcm't (Hannah, J.) 01-258

Parent & child -- Custodial parent's assignment of collection rights to Missouri valid; right to pursue child-support arrearage belongs either to custodial parent or to child, whether of majority or not; California law applied to UIFSA action for child-support arrearage; law of the case timely raised & could not apply to bar supreme court's consideration of propriety of assignment or statute of limitations; chancery court's findings dicta; no initial order existed from which appellant was barred from arguing issues due to law-of-the-case doctrine. [HTML, WP5.1]

Henderson v. State (Per Curiam) CR01-616

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

Johnson v. State (Per Curiam) CR99-1160

Criminal procedure -- Postconviction appeal; counsel obligated to continue representing appellant; disposition of appellant's appeal unduly delayed; counsel directed to either file motion to withdraw or rebrief issues & argue merits. [HTML, WP5.1]

Mitchell v. State (Per Curiam) CR01-600

Appeal & error -- Clerk directed to accept transcript of case from uncertified court reporter conditioned on directions; attorneys of record must certify that transcripts are true, accurate, and compete. [HTML, WP5.1]

Sansevero v. State (Brown, J.) CR00-1397

Criminal law -- Conviction modified to third-degree battery where State failed to establish essential element of second-degree battery; reversed & remanded. [HTML, WP5.1]

Taylor v. Taylor (Glaze, J.) 00-926

Parent & child -- Use of non-cohabitation restriction is material factor to consider when determining custody issues; restriction not based on sexual preference of parent; it was not in children's best interests for primary custodian to continue romantic cohabitation with another adult; chancellor acted within his authority & was not clearly erroneous. [HTML, WP5.1]

In Re: Rule 4.1, Arkansas Rules of Criminal Procedure (Per Curiam) [HTML, WP5.1]

Bautista v. State, CR 01-497 (Per Curiam), Motion to Proceed Pro Se on Appeal granted June 21, 2001. [HTML, WP5.1]

Davis v. State, CR 01-611 (Per Curiam), Motion to Proceed with Belated Petition for Writ of Certiorari denied June 21, 2001. [HTML, WP5.1]

Forman v. State, CR 01-505 (Per Curiam), Pro Se Motion for Belated Appeal; treated as motion for rule on clerk to lodge record belatedly and denied June 21, 2001. [HTML, WP5.1]

Nahlen v. State, CR 99-1227 (Per Curiam), affirmed June 21, 2001. [HTML, WP5.1]

Sims v. Norris, 01-374 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed June 21, 2001. [HTML, WP5.1]

Vaseur v. State, CR 01-601 (Per Curiam), Motion to Proceed with Belated Petition for Writ of Certiorari denied June 21, 2001 [HTML, WP5.1]

Watts v. State, CR 01-544 (Per Curiam), Pro Se Petition for Writ of Certiorari to Complete the Record denied and appeal dismissed June 21, 2001. [HTML, WP5.1]

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

CR00-615. Kimberly Beavers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

00-926. Linda Taylor v. Chris Taylor, from Saline Chancery. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-1397. Vincent Anthony Sansevero v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

01-73. City of Van Buren, Arkansas v. Curtis Smith, from Crawford Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

00-878. Jerry Bullington, d/b/a Bullington Builders, Inc. v. Helen Palangio, from Van Buren Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-258. Stephen Clemmons v. Office of Child Support Enforcement, from Pope Chancery. Chancery Court Affirmed; Court of Appeals Affirmed. Brown and Imber, JJ., concur. (21 PAGES + 8-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-1160. Ivory Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Rebriefing Ordered. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR99-1227. Donale Peter Nahlen v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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.). Brown and Thornton, JJ., would grant as to estate of Baby Boy Aka.

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). Brown and Thornton, JJ., would grant as to estate of Baby Boy Aka.

*****************************

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

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.

*****************************

CR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion and amended motion for rule on the clerk. Motion granted conditioned on directions. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Motion for extension of time to lodge record is granted until July 10, 2001. Final extension.

CR01-616. Jacinto Henderson v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-627. Kedron Johnson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to be relieved as counsel is denied.

CR01-636. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit. Petition for writ of certiorari to complete the record is denied.

01-244. St. Francis County Election Commission et al. v. Robert Lewis Joshaway et al., from St. Francis Circuit. Appellees' motion to dismiss appeal is denied.

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 is granted.

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 is granted.

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. Granted as to response to petition to disbar.

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 is granted.

CR01-497. Leonel Bautista a/k/a Leonel Bautista Mendoza v. State of Arkansas, from Crittenden Circuit. Motion to proceed pro se on appeal. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-505. Frankie E. Forman v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for belated appeal. Motion treated as motion for rule on clerk to lodge record belatedly and denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-544. Frank Watts II v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition for writ of certiorari to complete the record. Petition denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-601. Larry A. Vaseur v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to proceed with belated petition for writ of certiorari. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-611. Arthur Dean Davis v. State of Arkansas, from Grant Circuit. Motion to proceed with belated petition for writ of certiorari. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-374. John Wayne Sims v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rule 4.1, Arkansas Rules of Criminal Procedure. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

00-792. James Wayne Wisener et al. v. Judith Wisener Burns, from Bradley Chancery.

00-830. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District.

*****************************

PETITIONS FOR REVIEW:

CR01-559. David Laime et al. v. State of Arkansas, from Saline Circuit.

01-558. Mark Adams et al. v. Richard Wolf et al., from Madison Circuit.

01-592. Kenneth Lee et al. v. Julia Konkel-Swaim, from Yell Chancery, Southern District.

*****************************

CR00-1363. Joe Louis Dansby v. State of Arkansas, from Miller Circuit. Appellee's motion for compliance with Rule 4-2(a)(6).

CR01-324. Andrew S. Ross, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(h).

CR01-559. David Laime et al. v. State of Arkansas, from Saline Circuit. Appellee's motion to amend petition for review.

CR01-644. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Motion to withdraw as attorney of record.

01-170. Joseph Dean et al. v. Gene Schieffler et al., from Phillips Circuit. Appellees' motion to dismiss appeal.

01-339. Bob E. Fewell et al. v. Mike Pickens, Insurance Commissioner, from Pulaski Circuit, Seventh Division. Appellee's motion to expedite appeal.

00-792. James Wayne Wisener et al. v. Judith Wisener Burns, from Bradley Chancery. Appellants' motion for oral argument.

00-1378. Ethyl Corporation et al. v. Larry Johnson et al., from Ouachita Circuit. Argued orally.

01-204. BPS, Inc. et al. v. Jason Parker, from Phillips Circuit. Argued orally.

CR00-1068. Orlando Ray Ellis v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR01-390. William Wynne v. State of Arkansas, from Faulkner Circuit.

00-1463. Oscar Stilley v. Margaret James et al., from Sebastian Circuit, Greenwood District.

01-216. Arkansas State Plant Board et al. v. Billy Paul Bullock, from Arkansas Circuit, Southern District.