Arkansas State Plant Bd. v. Bullock (Glaze, J.) 01-216

Administrative law & procedure -- Board's decision supported by compelling evidence; decision affirmed; earlier sanction properly admitted for enhancement purposes. [HTML, WP5.1]

BPS, Inc. v. Parker (Brown, J.) 01-204

Judgment -- Summary judgment; Danco Constr. Co. reasoning adopted; supreme court reversed part of circuit court's order containing findings of fact & conclusions of law; motion to dismiss appeal denied; matter remanded. [HTML, WP5.1]

Cox v. State (Brown, J.) CR00-345

Criminal procedure -- Appellant's age did not invalidate statement; circumstances did not render statement inadmissible; appellant's proof concerning officer fell short of false promise of leniency; statement against interest; circuit court did not abuse discretion in denying admission of other person's statements; trial court correctly declined to declare mistrial; mere striking of African-American from jury does not automatically equate to prima facie case for a Batson violation. [HTML, WP5.1]

Dodson v. Allstate Ins. Co. (Hannah, J.) 00-456

Pleadings -- Trial court should have allowed defendant's withdrawn counterclaim to be used as impeachment evidence; abuse of discretion found; no abuse of discretion in allowing results in other cases where appellant was treating physician into evidence; witness not allowed to testify as to summary prepared by another; no abuse of discretion found; deposition testimony previously given by appellant; no abuse of discretion in trial court's allowing it to be read into evidence; jury-instruction objection had no basis for support; trial court did not abuse its discretion in giving instructions. [HTML, WP5.1]

Ellis v. State (Imber, J.) CR01-1068

Criminal law -- Manslaughter instruction based on extreme emotional disturbance; being stared at not reasonable excuse for killing; failure to shoot victim second time not rational basis for reckless-manslaughter instruction; trial court's refusal to give reckless-manslaughter instruction not error. [HTML, WP5.1]

Stilley v. James (Arnold, C.J.) 00-1463

Contracts - Consideration; trial court's ruling that appellee's decision not to fire appellant constituted consideration was correct; indemnification agreements; appellant properly held responsible for damages against appellee client; contract made for benefit of third party is actionable by third party; trial court did not err in finding that appellee had standing to bring lawsuit. [HTML, WP5.1]

Wright v. City of Monticello (Thornton, J.) 01-105

Eminent domain -- Challenge to constitutionality of ordinance; appellant had standing where she suffered distinct injury; chancellor erred in approving ordinance & in dissolving injunction prohibiting interference with appellant's use of abandoned street for ingress & egress; chancellor's order approving ordinance exceeding statutory scope reversed & remanded. [HTML, WP5.1]

In Re: Implementation of Amendment 80: Administrative Plans Pursuant to Administrative Order Number 14 (Per Curiam) [HTML, WP5.1]

In Re: Committee on the Unauthorized Practice of Law (Per Curiam) [HTML, WP5.1]

Glick v. Brewer, 00-893 (Per Curiam), Pro Se Motion for Oral Argument denied June 28, 2001. [HTML, WP5.1]

Hillard v. State, CR 94-238 (Per Curiam), Pro Se Motion for Permission to Abstract Appeal Record denied June 28, 2001. [HTML, WP5.1]

Lackey v. State, CR 99-1343 (Per Curiam), reversed and remanded June 28, 2001. [HTML, WP5.1]

Maier v. State, CR 99-1305 (Per Curiam), affirmed June 28, 2001. [HTML, WP5.1]

Rychtarik v. State, CR 98-3 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis denied June 28, 2001. [HTML, WP5.1]

Wallace v. State, CR 99-1367 (Per Curiam), affirmed June 28, 2001. [HTML, WP5.1]

Williams v. Norris, 00-37 (Per Curiam), Petition for Rehearing denied June 28, 2001. [HTML, WP5.1]

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

00-1463. Oscar Stilley v. Margaret James, Rick Grinnan, Linda Varnado, Alban Varnado, and John Speed, from Sebastian Circuit, Greenwood District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-216. Arkansas State Plant Board v. Billy Paul Bullock, d/b/a Bullock Flying Service, from Arkansas Circuit, Southern District. State Plant Board Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-345. Richard Cox v. State of Arkansas, from Cross Circuit. Affirmed. Thornton, J., dissents. (19 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-204. BPS, Inc. and Micro Flo Company v. Jason Parker; Allen Bartlo, BPS, Inc. and Micro Flo Company v. Linda Winston et al., from Phillips Circuit. Motion to Dismiss Appeal Denied. Order of Court of Appeals Granting Motion to Dismiss Appeal Vacated. Reversed in Part and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-1068. Orlando Ray Ellis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

01-105. Opal Wright v. City of Monticello, Curt Thomas, Lee Ann Thomas, and Jeff Reinhart, from Drew Chancery. Reversed and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

00-456. Jon H. Dodson, M.D. v. Allstate Insurance Company, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Special Justice James Phillips joins. Thornton, J., and Special Justice Mike Kinard concur in part and dissent in part. Glaze and Imber, JJ., not participating. (31 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-1305. Ricky S. Maier v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1343. Cleon Lackey v. State of Arkansas, from Cleburne Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-1367. Barry L. Wallace v. State of Arkansas, from Crittenden Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

00-37. Benjamin Williams v. Larry Norris, Director, Arkansas Department of Correction, from Lee Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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. (appellant and appellees)

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

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

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

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

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

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) is granted.

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) is granted.

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

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

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

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

01-523. State of Arkansas v. Jackie Lee Stapleton, from Lincoln Circuit. Motion to file belated reply brief is granted.

CR94-238. Craig Keith Hillard v. State of Arkansas, from Phillips Circuit. Pro se motion for permission to abstract appeal record. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-3. James Earl Rychtarik v. State of Arkansas, from Cleburne Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

00-893. Dennis Glick v. George Brewer, Terry Cass, and Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for oral argument. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Implementation of Amendment 80: Administrative Plans Pursuant to Administrative Order Number 14. See per curiam this date. (10 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Committee on the Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

King Benson, Esq., of Paragould, First Congressional District, is appointed to the Supreme Court Committee on the Unauthorized Practice of Law for a three-year term to expire on May 31, 2004. Ms. Donna Osborne of Little Rock is appointed to an At-Large Position for a three- year term to expire on May 31, 2004.

The Court thanks Mr. Benson and Ms. Osborne for accepting appointment to this important Committee. The Court expresses its appreciation to Noyl Houston of Jonesboro and Mary Bennett of Little Rock, whose terms have expired, for their dedicated service to the Committee.

PETITIONS FOR REVIEW:

CR01-608. John E. Searcy, Jr. v. State of Arkansas, from Searcy Circuit.

CR01-643. Daniel R. Fornes v. State of Arkansas, from Boone Circuit.

01-599. David W. Jacks et al. v. Western Secured Investments Co. et al., from Pulaski Chancery, Second Division.

01-613. Jesus Rostro v. Cargill, Inc., from Workers' Compensation Commission.

01-618. Delton A. Billings v. Plum Creek Lumber, from Workers' Compensation Commission.

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

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Appellee's motion to rebrief issues on remand from United States Supreme Court.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal.

CR00-1276. Curtis Ray Hollis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record.

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

CR01-619. Darrel G. Spencer v. State of Arkansas, from Grant Circuit. Motion to be relieved as counsel of record.

CR01-679. Mark Latta v. State of Arkansas, from Garland Circuit. Motion for rule on the clerk.

CR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Motion for rule on the clerk.

CR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Motion to withdraw as counsel on direct appeal.

00-1120. Boatmen's Trust Company of Arkansas et al. v. Housing Authority of the City of North Little Rock et al., from Pulaski Circuit, Second Division. Separate appellee's motion to strike appellants' brief and to dismiss appeal.

00-1223. Wal-Mart Stores, Inc., A Delaware Corporation d/b/a Sam's Club v. The P.O. Market, Inc. et al., from Miller Circuit. Motion for admission to practice pro hac vice.

01-290. James Edens v. Superior Marble & Glass et al., from Workers' Compensation Commission. Appellant's motion to file belated brief.

01-290. James Edens v. Superior Marble & Glass et al., from Workers' Compensation Commission. Appellant's motion to file belated supplemental reply brief.

01-339. Bob E. Fewell and Holdingsco, Inc. v. Mike Pickens, Insurance Commissioner, from Pulaski Circuit, Seventh Division. Motion of St. Vincent Health System to file brief as amicus curiae.

01-456. Ron Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit. Appellants' motion to file supplemental brief.

01-456. Ron Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit. Appellees' motion to file supplemental brief.

01-670. Mike Belcher v. Chyna Belcher, from Monroe Chancery. Motion for rule on clerk.

01-674. Edmundo Rogers v. Honorable Xollie Duncan, Judge, from Benton Chancery, Second Division. Petition for writ of prohibition or, alternatively, for writ of mandamus or, alternatively, for temporary stay of proceedings pending appeal on the merits.

01-674. Edmundo Rogers v. Honorable Xollie Duncan, Judge, from Benton Chancery, Second Division. Motion for stay of proceedings in Chancery Court.

01-687. J&V Restaurant Supply & Refrigeration, Inc. v. Supreme Fixture Co., Inc., from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Argued orally.

01-15. Ghegan & Ghegan, Inc. v. Richard A. Barclay, Director, Arkansas Department of Finance & Administration, from Pulaski Chancery, Fourth Division. Argued orally.

CR00-1086. Frankie Gene Irvin v. State of Arkansas, from Desha Circuit, Arkansas City District.

CR01-434. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District.

00-1116. Robert L. Plant v. Gary Wilbur et al., from Benton Circuit.

01-523. State of Arkansas v. Jackie Stapleton, from Lincoln Circuit.