Banks v. Evans (Glaze, J.) 01-464

Husband & wife -- Premarital agreement valid; agreement recited that each party was acquainted with property of other; premarital agreement valid where appellant clearly had knowledge of appellee's net worth; presumption of designed concealment not raised; appellant signed express waiver of her right to receive financial disclosure from appellee; Ark. Code Ann. § 9-12-315 inapplicable to property held as tenants by the entirety; no error in trial court's declining to distribute property at time initial decree entered. [HTML, WP5.1]

Chambers v. Stern (Brown, J.) 01-568

Constitutional law -- Sovereign immunity; trial court correctly determined that appellee Board was protected by doctrine; civil conspiracy; appellant failed to show any acts committed by appellees in combination for unlawful, oppressive, or immoral purpose; summary judgment; appellant's assertion that material fact question existed concerning diagnosis was without merit. [HTML, WP5.1]

Clem v. State (Per Curiam) CR01-1436

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

Columbia Nat'l Ins. Co. v. Freeman (Thornton, J.) 01-614

Evidence -- Evidence on issue of bad faith sufficient to send to jury; trial court properly denied appellant's motion for directed verdict; excluded documents did not contain evidence of subsequent remedial measures; trial court affirmed; sufficient evidence found to support jury's award; trial court did not err in denying appellant's motion for judgment notwithstanding verdict. [HTML, WP5.1]

Jones v. State (Brown, J.) 01-695

Constitutional law -- Unprotected speech; Dinwiddie factors adopted for "true threat" test satisfied; juvenile judge's adjudication of delinquency affirmed where appellant's rap lyrics constituted true threat to victim. [HTML, WP5.1]

Lewis v. State (Per Curiam) CR01-1327

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

Nuehring v. State (Per Curiam) CR01-1341

Appeal & error -- Record did not establish counsel's involvement in appellant's case after hearing on petition for revocation; case remanded to settle record. [HTML, WP5.1]

Williams v. State (Arnold, C.J.) CR00-822

Attorney & client -- Ineffective-assistance claim; decision not to introduce evidence of appellant's troubled background was reasonable trial strategy & did not fall below objective standard of reasonableness; appellant did not show that counsel's failure to introduce evidence of troubled past prejudiced outcome of sentencing phase; appellant failed to show jury would have sentenced him to life without parole but for counsel's failure to introduce evidence of troubled youth. [HTML, WP5.1]

In Re: Child Support Committee (Per Curiam) [HTML, WP5.1]

Anderson v. Hudson, CR 01-1397 (Per Curiam), Pro Se Petition for Writ of Mandamus moot January 17, 2002. [HTML, WP5.1]

Bryant v. State, CR 00-1255 (Per Curiam), affirmed January 17, 2002. [HTML, WP5.1]

Howard, Curtis Ray v. State, CR 85-78 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied January 17, 2002. [HTML, WP5.1]

Howard, Curtis Ray v. State, CR 84-7 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied January 17, 2002. [HTML, WP5.1]

McClendon v. State, CR 93-1160 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied January 17, 2002. [HTML, WP5.1]

Mitchell v. State, CR 00-1203 (Per Curiam), affirmed January 17, 2002. [HTML, WP5.1]

Parker v. State, CR 00-416 (Per Curiam), affirmed January 17, 2002. [HTML, WP5.1]

Thomas v. State, CR 98-1084 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Photocopies at Public Expense denied January 17, 2002. [HTML, WP5.1]

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

CR00-822. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Brown, J., concurs. Imber, J., not participating. (10 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-464. Christy Evans Banks v. Jim Evans, from Craighead Chancery, Western District. Affirmed. Imber, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-568. Franklin David Chambers, M.D. v. Harold Patrick Stern, M.D.; George Hamilton, M.D.; and University of Arkansas Board of Trustees, from Pulaski Circuit, Sixth Division. Affirmed. Imber, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

01-695. Blake Jones v. State of Arkansas, from Washington Chancery, Juvenile Division. Affirmed. Imber, J., not participating. (16 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

01-614. Columbia National Insurance Company v. Gary Freeman and Peggy Freeman, from Cleburne Circuit. Affirmed. Imber, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR00-416. Eddie Levell Parker v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1203. Terrence Mitchell v. State of Arkansas, from Jefferson Circuit. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1255. Tommy L. Bryant, Jr. v. State of Arkansas, from Jackson Circuit. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for rehearing was denied today in the following case.

00-1412. Martha Collins v. Cornelius Collins, from Jefferson Chancery. Arnold, C.J., Glaze and Imber, JJ., would grant.

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

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

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

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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01-1311. St. Paul Mercury Insurance Company v. Honorable Victor L. Hill, Judge, from Craighead Circuit, Western District. Petition for writ of prohibition. Petition to be submitted as a case. Clerk to set briefing schedule. Glaze, J., not participating.

CR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit. Motion for rule on clerk is denied. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for belated appeal and determination of appellate counsel on appeal. Remanded to settle the record. See per curiam this date. Imber, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR00-1062. Charles Barnes v. State of Arkansas, from Sharp Circuit. Appellant's motion for stay of further proceedings and to recall the mandate is denied. Comply with Arkansas Supreme Court Rule 5-3(c).

CR01-95. Raymond C. Sanders, Jr. v. State of Arkansas, from Grant Circuit. Appellant's motion to file supplemental addendum. Appellant granted motion to file substituted brief; clerk to reset briefing schedule.

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) is granted.

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

CR01-867. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion for extension of time. Granted 45 days.

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

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 is denied. Glaze, J., would grant writ of certiorari.

CR01-1436. Joe Edwin Clem v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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 is granted. Trial court to settle record in 30 days; brief due 30 days after record returned.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to correct the record. Passed until case submitted. Glaze and Imber, JJ., not participating.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellee Advance America's motion for clarification. Exhibit 16 remains under seal. Glaze and Imber, JJ., not participating.

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 is denied. Glaze and Imber, JJ., not participating.

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 is denied. Glaze and Imber, JJ., not participating.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to allow response to Advance America's motion for clarification and motion to reconsider to be filed out of time is denied. Glaze and Imber, JJ., not participating.

CR84-7. Curtis Ray Howard v. State of Arkansas, from Jefferson Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR85-78. Curtis Ray Howard v. State of Arkansas from Pulaski Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR93-1160. Teresa McClendon v. State of Arkansas, from Saline Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. Imber, J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1084. Ronald G. Thomas v. State of Arkansas, from Washington Circuit. Pro se motion for reconsideration of motion for photocopies at public expense. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1397. James Kenneth Anderson v. Honorable Jim Hudson, Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (Proceedings of January 14, 2002). (3 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Child Support Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

By per curiam order of December 20, 1993, In re Child Support Committee, 315 Ark. 760 (1993), we reconstituted the Child Support Committee to consist of one Arkansas Court of Appeals Judge, three chancellors, one juvenile division circuit/chancery judge, one legal services attorney, one Office of Child Support Enforcement attorney, two attorneys of the private bar, and one attorney member of the Arkansas General Assembly. As a result of Amendment 80 to the Arkansas Constitution, we hereby modify these designations to change the "chancellors" and "circuit/chancery" designations to four "circuit judges."

The terms of two longtime members of the Committee have expired. The Court expresses its gratitude to the Honorable Judith Rogers of Little Rock and the Honorable Ellen Brantley of Little Rock for their tireless and dedicated service to the Committee.

We hereby appoint Judge John Robbins of the Arkansas Court of Appeals and Judge Mary McGowan, Pulaski County Circuit Judge, to the Child Support Committee for four-year terms to expire on November 30, 2005. The Court thanks the appointees for agreeing to serve on this most important Committee.

PETITION FOR REHEARING:

01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District.

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PETITIONS FOR REVIEW:

CR01-1382. Julian Robert Proctor v. State of Arkansas, from Faulkner Circuit.

CR01-1383. Scott Howe v. State of Arkansas, from Clay Circuit.

01-1365. Paul Dwain Cromwell v. University of Arkansas, from Workers' Compensation Commission.

01-1367. Joe Terrell et al. v. Balboa Insurance et al., from Monroe Circuit.

01-1413. Lisa Cassidy v. Arkansas Department of Human Services, from Pulaski Chancery, Juvenile Division.

01-1426. George Yokem et ux. v. Billy Tyler et al., from Faulkner Circuit.

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CR01-1124. Eric Fobbs v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Petition for extension of time to return writ of certiorari.

CR01-1295. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Appellee's motion for release of exhibits.

CR02-1. Brian Winston v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly and Ray Galloway to withdraw as counsel.

CR02-22. State of Arkansas v. Karl Douglas Roberts, from Polk Circuit. Petition for writ of certiorari.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the abstract and file a substituted brief.

01-1210. Cash In A Flash Advance of Arkansas LLC v. Jimmie Sue Spencer et al., from Craighead Circuit, Western District. Appellant's motion for stay of trial court proceedings pending interlocutory appeal.

00-1223. Wal Mart Stores, Inc. v. The P.O. Market, Inc. et al., from Miller Circuit. Argued orally.

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit.

CR01-965. Devin Lavelle Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division.

00-1460. Kevin Mayberry v. Dorothy Flowers et al., from Conway Probate.

01-554. Rhonda Ford v. Jon D. Ford, from Woodruff Chancery.

01-654. Arkansas Department of Human Services v. Brandy Marie Bridges et al., from Faulkner Chancery.