Buckley v. State (Per Curiam) CR01-644

Appeal & error -- Appellant's counsel failed to comply with rules governing withdrawal; rebriefing ordered. [HTML, WP5.1]

Butler v. Hearst-Argyle Television, Inc. (Arnold, C.J.) 01-126

Torts -- Fair-report privilege; appellant's claim that appellee colluded with affiant unsupported by record; summary judgment affirmed where appellees' report was entitled to fair-report privilege. [HTML, WP5.1]

Ethyl Corp. v. Johnson (Corbin, J.) 00-1378

Negligence -- Appellants' placement of container at edge of parking lot did not amount to unreasonable risk; appellants had no duty to take added precautions to guard against remote chance of injury; no substantial evidence that appellants were negligent or failed in duty to maintain premises in reasonable safe condition; reversed and dismissed. [HTML, WP5.1]

Ghegan & Ghegan, Inc. v. Barclay (Thornton, J.) 01-15

Taxation -- Exemption for individual can apply to tax imposed on products or services; appellants argument failed; determination that discrimination was against products, not people, was not contrary to law of the case; all persons taxes same under Soft Drink Tax Act; appellant failed to meet burden of showing disparate tax on persons or classes. [HTML, WP5.1]

Houff v. State (Per Curiam) CR01-595

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

Irvin v. State (Hannah, J.) CR00-1086

Judges -- Recusal; jury not present during objectionable statements; no proof jury prejudiced; appellant failed to show bias or prejudice on part of judge; trial court merely attempting to maintain order and control; refusal to recuse based on previous prosecution by presiding judge not error. [HTML, WP5.1]

Latta v. State (Per Curiam) CR01-679

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

Mitchell v. State (Per Curiam) CR01-600

Attorney & client -- Motion to withdraw; granted for good cause shown. [HTML, WP5.1]

Plant v. Wilbur (Corbin, J.) 00-1116

Contracts -- Exculpatory contracts; must clearly set out what negligent liability is to be avoided; summary judgment appropriate under circumstances surrounding execution of release by appellant. [HTML, WP5.1]

Regions Bank & Trust v. Stone County Skilled Nursing Facility, Inc. (Hannah, J.) 01-312

Torts -- Negligent supervision; summary judgment reversed with respect to claim to negligent patient care; appellee employer not liable for sexual assault where employee's actions were unexpectable in view of his duties. [HTML, WP5.1]

Simpson, Dominic v. State (Per Curiam) CR01-684

Attorney & client -- Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]

Simpson, Dominic v. State (Per Curiam) CR01-684

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

Smith v. State (Glaze, J.) CR01-434

Bail -- Distinction between pretrial & appeal bonds; bail on appeal not available for one convicted to first-degree murder; denial of bail to those convicted of certain crimes does not constitute "excessive bail" in violation of Eighth Amendment or Ark. Const. art. 2 §9; trial court did not err when it revoked appellant's appeal bond. [HTML, WP5.1]

State v. Stapleton (Brown, J.) 01-523

Criminal law -- Disposition of offenders; circuit court has no authority to order where sentence will be served; circuit court had power to require appellee to serve Arkansas sentence regardless of Tennessee parole; reversed & remanded. [HTML, WP5.1]

State v. Warren (Imber, J.) CR00-1179

Appeal & error -- Appeal by State; case presented no issue essential to correct & uniform administration of criminal law. [HTML, WP5.1]

Wynne v. State (Thornton, J.) CR01-390

Appeal & error -- Order denying appellant's motion to remanded to municipal court not final; jurisdiction over felony DWI remained in circuit court; writs of prohibition and certiorari inappropriate. [HTML, WP5.1]

In Re: Amendment to Rule 10 of Arkansas Rules of Appellate Procedure—Criminal (Automatic Review in Death Cases) (Per Curiam) [HTML, WP5.1]

In Re: Amendments to the Procedures Regulating Professional Conduct of Attorneys at Law; and The Model Rules of Professional Conduct, Rules 1.4 and 1.15 (Per Curiam) [HTML, WP5.1]

In Re: Supreme Court Committee on Civil Practice (Per Curiam) [HTML, WP5.1]

Brady v. State, CR 01-393 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk denied July 9, 2001. [HTML, WP5.1]

Burnette v. State, CR 01-287 (Per Curiam), Pro Se Motion to Compel Attorney to File Petition for Writ of Certiorari or, in the Alternative, for Appointment of Other Counsel granted July 9, 2001. [HTML, WP5.1]

Huddleston v. State, CR 00-697 (Per Curiam), Pro Se Motion to Supplement Abstract with Abstract of Trial Record moot, or in the alternative, appellant directed to amend motion July 9, 2001. [HTML, WP5.1]

Hunt v. Arkansas Dep't of Fin. & Admin., 01-389 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Proceed In Forma Pauperis denied July 9, 2001. [HTML, WP5.1]

Johnson v. State, CR 99-1304 (Per Curiam), affirmed July 9, 2001. [HTML, WP5.1]

King v. State, CR 01-315 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Reply Brief granted July 9, 2001. [HTML, WP5.1]

Lewis v. State, CR 99-657 (Per Curiam), Pro Se Motion for Photocopy of Record at Public Expense denied July 9, 2001. [HTML, WP5.1]

Mitchell v. Norris, 99-1243 (Per Curiam), affirmed July 9, 2001. [HTML, WP5.1]

Morris v. State, CR 99-1391 (Per Curiam), affirmed July 9, 2001. [HTML, WP5.1]

Smith v. Hudson, CR 01-657 (Per Curiam), Pro Se Petition for Writ of Mandamus moot July 9, 2001. [HTML, WP5.1]

 W. H. "DUB" ARNOLD, CHIEF JUSTICE:

01-126. Brad Butler v. Hearst-Argyle Television, Inc.; Arkansas Hearst-Argyle Television, Inc.; and Rhonda Justice, from Benton Circuit. Affirmed. (11 PAGES, PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-434. Sammy O. Smith v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. (5 PAGES, PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-1116. Robert L. Plant v. Gary Wilbur and Linda Wilbur d/b/a Northwest Arkansas Speedway, from Benton Circuit. Affirmed. Glaze and Imber, JJ., dissent. (10 PAGES + 7-PAGE DISSENT, PUBLISHED.) [HTML, WP5.1]

00-1378. Ethyl Corporation and Albemarle Corporation v. Larry Johnson and Nancy Johnson, from Ouachita Circuit, Second Division. Reversed and Dismissed. Glaze and Imber, JJ., dissent. (8 PAGES + 5-PAGE DISSENT, PUBLISHED.) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-523. State of Arkansas, Arkansas Department of Correction v. Jackie Lee Stapleton, from Lincoln Circuit. Reversed and Remanded. (9 PAGES, PUBLISHED.) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-1179. State of Arkansas v. Victor Warren, from Pulaski Circuit, Sixth Division. Appeal Dismissed. (7 PAGES, PUBLISHED.) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-390. William Wynne v. State of Arkansas, from Faulkner Circuit. Petition for Writ of Prohibition Denied; Appeal Dismissed. (5 PAGES, PUBLISHED.) [HTML, WP5.1]

01-15. Ghegan & Ghegan, Inc., on Behalf of Itself and All Taxpayers Similarly Situated v. Richard A. Barclay, Director of The Arkansas Department of Finance and Administration, from Pulaski Chancery, Fourth Division. Affirmed. Brown, J., concurs. Corbin, J., dissents. (21 PAGES + 4-PAGE CONCURRENCE + 2-PAGE DISSENT, PUBLISHED.) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR00-1086. Frankie Irvin v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. (15 PAGES, PUBLISHED.) [HTML, WP5.1]

01-312. Regions Bank & Trust v. Stone County Skilled Nursing Facility, Inc., from Izard Circuit. Circuit Court Affirmed in Part and Reversed and Remanded in Part. Court of Appeals Affirmed in Part and Reversed in Part. (15 PAGES, PUBLISHED.) [HTML, WP5.1]

PER CURIAM OPINIONS:
CR99-1304. Harold Johnson v. State of Arkansas, from Sevier Circuit. Affirmed. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

CR99-1391. Larry Morris, Jr. v. State of Arkansas, from Howard Circuit. Affirmed. (4 PAGES, UNPUBLISHED.) [HTML, WP5.1]

99-1243. Lonnie Mitchell v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

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

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.

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CR01-600. Raymond Leshay Mitchell v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion to be relieved as attorney for appellant is granted; substituted counsel appointed. See per curiam this date. (3 PAGES, PUBLISHED.) [HTML, WP5.1]

CR01-644. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Motion to withdraw as attorney of record. Rebriefing ordered. See per curiam this date. Arnold, C.J., not participating. (2 PAGES, PUBLISHED.) [HTML, WP5.1]

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 is granted. Glaze and Imber, JJ., would deny.

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

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

CR01-595. Timothy Houff v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE, PUBLISHED.) [HTML, WP5.1]

CR01-619. Darrel G. Spencer v. State of Arkansas, from Grant Circuit. Motion to be relieved as counsel of record is denied without prejudice.

CR01-679. Mark Latta v. State of Arkansas, from Garland Circuit. Motion for rule onthe clerk is granted. See per curiam this date. (1 PAGE, PUBLISHED.) [HTML, WP5.1]

CR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE, PUBLISHED.) [HTML, WP5.1]

CR01-684. Dominic Simpson v. State of Arkansas, from Garland Circuit. Motion to withdraw as counsel on direct appeal is granted. See per curiam this date. (2 PAGES, PUBLISHED.) [HTML, WP5.1]

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. Passed until case submitted. Glaze, J., not participating.

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 is granted. Corbin, J., not participating.

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

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

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. Moot.

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

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

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

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 is denied without prejudice.

01-674. Edmundo Rogers v. Honorable Xollie Duncan, Judge, from Benton Chancery, Second Division. Motion for stay of proceedings in Chancery Court is denied. (Proceedings of July 3, 2001).

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. Final extension granted until August 4, 2001. Failure to comply will result in show cause order.

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Appellee's motion for extension of time in which to return findings and conclusions is granted.

CR99-657. Arthur C. Lewis a/k/a Author C. Lewis v. State of Arkansas, from Mississippi Circuit, Blytheville District. Pro se motion for photocopy of record at public expense. Motion denied. See per curiam this date. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

CR00-697. John Lee Huddleston v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to supplement abstract with abstract of trial record. Motion moot, or in the alternative, appellant directed to amend motion. See per curiam this date. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

CR01-287. Dennis Burnette v. State of Arkansas, from Miller Circuit. Pro se motion to compel attorney to file petition for writ of certiorari or, in the alternative, for appointment of other counsel. Motion granted. See per curiam this date. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

CR01-315. Elgin G. King v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for extension of time to file appellant's reply brief. Motion granted. See per curiam this date. (1 PAGE, UNPUBLISHED.) [HTML, WP5.1]

CR01-393. David Brady v. State of Arkansas, from Lee Circuit. Pro se motion for reconsideration of motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

CR01-657. Ricky Dale Smith 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]

01-389. Kenneth Hunt v. Arkansas Department of Finance and Administration, from Lee Circuit. Pro se motion for reconsideration of motion to proceed in forma pauperis. Motion denied. See per curiam this date. (2 PAGES, UNPUBLISHED.) [HTML, WP5.1]

In Re: Amendments to the Procedures Regulating Professional Conduct of Attorneys at Law; and The Model Rules of Professional Conduct, Rules 1.4 and 1.15. See per curiam this date. (37 PAGES, PUBLISHED.) [HTML, WP5.1]

In Re: Amendment to Rule 10 of Arkansas Rules of Appellate Procedure - Criminal (Automatic Review in Death Cases). See per curiam this date. (6 PAGES, PUBLISHED.) [HTML, WP5.1]

In Re: Supreme Court Committee on Civil Practice. See per curiam this date. (1 PAGE, PUBLISHED.) [HTML, WP5.1]

Professor Ken Gould of the University of Arkansas at Little Rock and Claibourne W. Patty, Jr., Esq., of North Little Rock are reappointed to the Supreme Court Committee on Civil Practice for three-year terms to expire on July 31, 2004. James A. Ross, Jr., Esq., of Monticello is hereby appointed to the Committee on Civil Practice for a three-year term to expire on July 31, 2004. The Court expresses its appreciation to these appointees for their willingness to serve.

The Court thanks Thomas D. Deen, Esq., of Dermott, whose term has expired, for his service as a member of the Committee. 

In Re: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.

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In Re: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandate of this Court in compliance therewith.

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In Re: Procedure while Court is in Recess. During the recess of this Court, any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.