Atkinson v. State (Glaze, J.) CR01-97

Evidence -- First-degree murder conviction; evidence sufficient to support finding that appellant was accomplice to murder; sufficient corroborating evidence of accomplice testimony found; trial court did not err in denying appellant's motion for directed verdict; no rational basis existed to instruct jury on second-degree murder; trial court did not err in declining to so instruct jury; trial court violated Ark. Code Ann. § 16-89-125(e) by communicating with jury other than in open court; State clearly rebutted presumption of prejudice that arose from any violation of statute. [HTML, WP5.1]

Brown v. State (Per Curiam) CR01-1196

Appeal & error -- Motion to file belated brief & for extension of time; good cause for granting. [HTML, WP5.1]

Callie v. State (Per Curiam) CR01-1351

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

Edwards v. State (Per Curiam) CR00-1452

Criminal procedure -- Parole; circuit court correctly dismissed appellant's petition to waive seventy percent requirement where appellant filed petition outside period set out in Ark. Code Ann. § 16-90-111. [HTML, WP5.1]

Pennington v. State (Per Curiam) CR01-1352

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

Ross v. State (Arnold, C.J.) CR01-177

Statutes -- Appellant had no standing to challenge constitutionality where her actions fell within actions described by statute. [HTML, WP5.1]

State v. Pruitt (Corbin, J.) CR01-776

Appeal & error -- Appeal by State; not accepted where trial court has acted within discretion after making evidentiary decision; did not involve erroneous interpretations of rules of criminal procedure. [HTML, WP5.1]

Williams v. State (Per Curiam) CR01-1170

Appeal & error -- Public defenders cannot be paid separately to file appeals; motion to be relieved as counsel granted. [HTML, WP5.1]

Wooten v. State (Per Curiam) CR01-986

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

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

Dulaney v. State, CR 00-1150 (Per Curiam), affirmed January 10, 2002. [HTML, WP5.1]

Fulton v. Norris, 00-1188 (Per Curiam), affirmed January 10, 2002. [HTML, WP5.1]

Hilderbrand v. State, CR 01-1130 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief and Pro Se Petition for Writ of Certiorari to Complete the Record moot; appeal dismissed January 10, 2002. [HTML, WP5.1]

Jones v. State, CR 01-1244 (Per Curiam), Pro Se Motion for Rule on Clerk to Lodge Record Belatedly; denied January 10, 2002. [HTML, WP5.1]

Norton v. State, CR 00-1003 (Per Curiam), affirmed January 10, 2002. [HTML, WP5.1]

Thetford v. State, CR 99-1352 (Per Curiam), affirmed January 10, 2002. [HTML, WP5.1]

Thompson v. State, CR 00-923 (Per Curiam), affirmed January 10, 2002. [HTML, WP5.1]

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

CR01-177. Carol Ross v. State of Arkansas, from Perry Circuit. Affirmed. Imber, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-97. Carmen Hendrickson Atkinson v. State of Arkansas, from Lonoke Circuit. Affirmed. Brown and Thornton, JJ., dissent. Imber, J., not participating. (18 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-776. State of Arkansas v. Misty Renee Pruitt, from White Circuit. Appeal Dismissed. Glaze, J., dissents. Imber, J., not participating. (7 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR99-1352. Dana Daniel Thetford v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Imber, J., not participating. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-923. Billy R. Thompson v. State of Arkansas, from Faulkner Circuit. Affirmed. Imber, J., not participating. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1003. Stanley Norton v. State of Arkansas, from Jefferson Circuit. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1150. Melvin Dulaney v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Imber, J., not participating. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1452. Steven Edwards v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Imber, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

00-1188. Michael Fulton v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR00-1227. Kevin Warzell Brown and Justin Scott Thornhill v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Glaze and Hannah, JJ., would grant.

CR01-371. State of Arkansas v. Timothy Wayne Hardin, from Pulaski Circuit, First Division. Arnold, C.J., Glaze and Imber, JJ., would grant.

CR01-458. Richard Allen Duck v. State of Arkansas, from Prairie Circuit, Southern District.

00-1408. Murphy Oil USA, Inc. v. Unigard Security Insurance Company et al., from Union Circuit.

01-174. R. N. v. J. M. and B.M., from Craighead Chancery, Western District.

01-478. Gail Parkerson v. Charles J. Lincoln, II, from Pulaski Circuit, Third Division.

01-570. E-Z Cash Advance, Inc. v. Deborah Harris, from Pulaski Circuit, Sixth Division. Glaze, J., not participating.

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

CR01-1278. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division. Imber, J., not participating.

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

CR01-1347. Johnnie Catron v. State of Arkansas, from Washington Circuit. Imber, J., not participating.

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CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Appellee's motion to file belated brief is granted. Imber, J., not participating.

CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion to withdraw as attorney-of-record is granted. Glaze, J., would deny. Imber, J., not participating.

CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(6) and 4-3(h). Granted 45 days. Imber, J., not participating.

CR01-127. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h) is granted. Imber, J., not participating.

CR01-127. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to file belated return of writ of certiorari is granted. Imber, J., not participating.

CR01-559. David Laime and Jeanna Dodd v. State of Arkansas, from Saline Circuit. Appellants' motion for stay of mandate to petition for writ of certiorari to United States Supreme Court is granted; fee waived. Imber, J., not participating.

CR01-986. Jimmy Don Wooten v. State of Arkansas, from Pope Circuit. Motion to file belated appeal is granted. See per curiam this date. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Appellant's motion to supplement the record and for brief time. Granted 60 days from date filed. Imber, J., not participating.

CR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit. Motion to file belated appeal. Comply with October 1, 2001 per curiam to settle record. Imber, J., not participating.

CR01-1111. Steven L. Womack v. Honorable Willard Proctor, Judge, from Pulaski Circuit, Fifth Division. Petitioner's motion for reconsideration is denied. Imber, J., not participating.

CR01-1132. Dennis James Smith v. State of Arkansas, from Drew Circuit. Appellant's motion for new briefing schedule is granted. Imber, J., not participating.

CR01-1170. Phillip Dewayne Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Amended motion of Thomas B. Devine III to be relieved as attorney for appellant and to stay the briefing schedule is granted. See per curiam this date. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Appellant's motion to file belated brief and for extension of time is granted. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1351. Lloyd Callie v. State of Arkansas, from Sebastian Circuit, Greenwood District. Motion for rule on clerk is granted. See per curiam this date. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1352. Tony Pennington v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. See per curiam this date. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1394. Antoine C. Cook v. Honorable Edwin Keaton, Judge, from Union Circuit. Petition for writ of prohibition is denied without prejudice. Imber, J., not participating.

00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion for reconsideration is denied. Imber, J., not participating.

00-220. Wal-Mart Stores, Inc. v. Earnestine Taylor, from St. Francis Circuit. Appellee's motion to grant oral argument before the full court is denied. Imber, J., not participating.

00-830. Forrest Construction, Inc. v. John Milam et al., from Sebastian Chancery, Greenwood District. Appellant's motion to obtain exhibits is granted upon substitution of copies. Imber, J., not participating.

00-1223. Wal-Mart Stores, Inc. v. The P.O. Market, Inc., et al., from Miller Circuit. Appellant's motion for leave to use additional time for argument is denied. Imber, J., not participating.

01-773. City of Fort Smith, Arkansas v. Honorable Floyd G. Rogers, Judge, from Crawford Chancery. Petitioner's motion to dismiss petition for writ of prohibition is granted. Imber, J., not participating.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Motion of the Arkansas Trial Lawyers Association to file amicus curiae brief is granted. Imber, J., not participating.

01-1008. Wilma Milburn v. U. S. Bank, N.A., from Greene Circuit. Appellee's motion to consolidate appeals is denied. Imber, J., not participating.

01-1155. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery. Appellee's motion to file supplemental brief is granted. Imber, J., not participating.

01-1155. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery. Appellants' motion to file supplemental brief is granted. Imber, J., not participating.

01-1174. Emerson Electric v. Vera A. Gaston, from Workers' Compensation Commission. Appellee's motion for attorney's fees is granted. Awarded $350.00. Thornton, J., would deny. Imber, J., not participating.

01-1185. Teresa Ballard et al. v. Westark Financial Consultants of Little Rock, Inc. et al., from Craighead Circuit, Western District. Appellants' motion to supplement record and to stay briefing schedule is denied; 30 days to file brief. Glaze and Imber, JJ., not participating.

01-1237. Sharp County Sheriff's Office v. John Slater et al., from Workers' Compensation Commission. Motion of appellee Ozark Acres Improvement District to file a supplemental brief is granted. Imber, J., not participating.

01-1373. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District. Appellants' unopposed motion to consolidate the record is granted. Glaze and Imber, JJ., not participating.

01-1374. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District. Appellant's unopposed motion to consolidate the record is granted. Glaze and Imber, JJ., not participating.

01-1375. Johnny Pugh v. Arkansas Department of Human Services, from Howard Circuit. Motion for rule on clerk is denied. Imber, J., not participating.

01-1376. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District. Appellants' unopposed motion to consolidate the record is granted. Glaze and Imber, JJ., not participating.

01-1377. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District. Appellants' unopposed motion to consolidate the record is granted. Glaze and Imber, JJ., not participating.

01-1381. Eugene R. Taylor et al. v. Jack J. Remer et al., from Scott Circuit. Motion for rule on clerk is denied. Imber, J., not participating.

CA01-149. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Appellee's motion to strike appellant's substituted abstract and brief and motion to dismiss appeal. Passed until case submitted. Imber, J., not participating.

CA01-149. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Appellee's motion to stay briefing schedule is granted. Imber, J., not participating.

CR01-1130. Chad Hilderbrand v. State of Arkansas, from Pope Circuit. Pro se motion for extension of time to file appellant's brief and pro se petition for writ of certiorari to complete the record. Motion and petition moot; appeal dismissed. See per curiam this date. Imber, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1244. Broderick Lambrent Jones v. State of Arkansas, from Izard Circuit. Pro se motion for rule on clerk to lodge record belatedly. Motion denied. See per curiam this date. Imber, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

00-1412. Martha Collins v. Cornelius Collins, from Jefferson Chancery.

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PETITIONS FOR REVIEW:

CR01-1239. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit.

CR01-1419. Lewis Albert Brooks v. State of Arkansas, from Crawford Circuit.

01-1320. Steve Koscenski et ux. v. Bob Harrison et ux., from Conway Chancery.

01-1366. Virginia C. Reed, d/b/a Western Heritage Auction v. Daren Ward, from Washington Circuit.

01-1385. Dayne Bell (Deceased), Bobby Bell, and Vanessa Walker v. Tri-Lakes Services and Bituminous Insurance Company, from Workers' Compensation Commission.

01-1388. Donna Snow Burks and Larry Burks v. Arkansas Department of Human Services, from Sebastian Chancery, Fort Smith District.

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CR00-1062. Charles Barnes v. State of Arkansas, from Sharp Circuit. Appellant's motion for stay of further proceedings and to recall the mandate.

CR01-95. Raymond C. Sanders, Jr. v. State of Arkansas, from Grant Circuit. Appellant's motion to file supplemental addendum.

CR01-391. Deatria Donyell Hamilton v. State of Arkansas, from Ouachita Circuit. Appellee's second motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(6) and 4-3(h).

CR01-766. Tyrone Gamble v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to supplement the record and stay briefing schedule.

CR01-867. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for extension of time.

CR01-1240. Scharel Ann Burley v. State of Arkansas, from Washington Circuit. Appellee's motion to file supplemental brief.

CR01-1412. Michael E. Ricketts and Robin D. Ricketts v. Honorable Robert W. McCorkindale, II, Judge, from Boone Circuit. Petition for writ of certiorari or petition for writ of prohibition.

CR01-1436. Joe Edwin Clem v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk.

01-447. Raymond E. Allen et al. v. Angela D. Greenland et al., from Faulkner Circuit. Appellees' motion to strike a frivolous appeal.

01-893. Milton Harold Jackson et al. v. Mundaca Financial Services, Inc., from Pulaski Chancery, Second Division. Appellee's motion to supplement the record and stay briefing schedule.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to correct the record.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellee Advance America's motion for clarification.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to correct the record and extension of time to file brief.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellee Advance America's motion to reconsider or stay briefing schedule.

01-447. Raymond E. Allen et al. v. Angela D. Greenland et al., from Faulkner Circuit. Argued orally.

CR00-1322. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR00-1475. David Griffen v. State of Arkansas, from Craighead Circuit, Western District.

01-464. Christy Evans Banks v. Jim Evans, from Craighead Chancery, Western District.

01-695. Blake Jones v. State of Arkansas, from Washington Chancery.