Hill v. State (Brown, J.) CR00-1210

Attorney & client -- Ineffective-assistance claim; previous appeal examined all ruling adverse to appellant for prejudicial error; review & affirmance of those overruled objections became law of the case; trial counsel not ineffective for not objecting to prosecutor's closing argument; objection would not have led to new trial; no error to refuse misleading instruction; argument without merit where fact that life imprisonment was without parole had been specifically communicated to jury; sufficient other aggravators existed to sustain death sentence; counsel not ineffective in failing to raise issue of prior conviction to trial court or on appeal. [HTML, WP5.1]

Jones v. State (Hannah, J.) CR01-965

Criminal procedure -- Speedy trial; defendant under no obligation to demand trial to preserve speedy-trial right; State bore burden where appellant was tried more than four years after initial arrest; State's burden to show good cause not satisfied by defendant's inability to show lack of good cause.appellant tried within one-year requirement of Ark. R. Crim. P. 28; enhancement of sentence caused by appellant's conduct after murder. [HTML, WP5.1]

Hammon v. State (Imber, J.) CR00-1259

Attorney & client -- Motion to withdraw denied where counsel had already filed abstract & brief on appellant's behalf; attorney's fees; full-time public defenders not entitled to receive additional compensation for appeal; motion for appointment of counsel in appeal of denial of postconviction relief; granted where funds were available to compensate attorney; motion for extension of time to file affidavit of indigency granted; motion for extension of time to file record granted. [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure; and Rules of the Supreme Court and Court of Appeals (Per Curiam) [HTML, WP5.1]

In Re: Appointments to Arkansas Continuing Legal Education Board (Per Curiam) [HTML, WP5.1]

Blackwell v. State, CR 98-456 (Per Curiam), Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied January 24, 2002. [HTML, WP5.1]

Gregory v. State, CR 00-161 (Per Curiam), affirmed January 24, 2002. [HTML, WP5.1]

Hinkle v. State, CR 00-1477 (Per Curiam), affirmed January 24, 2002. [HTML, WP5.1]

Martin v. State, CR 01-83 (Per Curiam), affirmed January 24, 2002. [HTML, WP5.1]

Strawhacker v. State, CR 00-1417 (Per Curiam), affirmed January 24, 2002. [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR00-1210. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-1259. Roger Allen Hammon v. State of Arkansas, from White Circuit. CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit; and CR00-1275. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Amended and Substituted Opinion. Motion to Withdraw as Attorney-of-Record Denied in CR00-1259; Motion to Withdraw as Attorney-of-Record Granted and Appointment of New Counsel Granted in CR00-1275; In CR00-1383, Motion to Withdraw Denied, Motion to Proceed as Court-Appointed Counsel Granted, Motion for Extension of Time to File Affidavit of Indigency Granted, Petition for Writ of Certiorari to Complete Record Granted Upon Timely Filing of Affidavit of Indigency, Motion for Extension of Time to File the Record Granted. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-965. Devin Lavalle Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR00-161. Houston Gregory, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1417. Lonnie Strawhacker v. State of Arkansas, from Washington Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1477. Martin Hinkle v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-83. Katrina Martin v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

01-303. Joyce Bond v. Lavaca School District, from Sebastian Circuit, Greenwood District. Glaze and Hannah, JJ., would grant.

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

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

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

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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CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for extension of time to file affidavit of indigency. See amended and substituted opinion handed down this date.

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

CR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Petition for extension of time to return writ of certiorari is granted. See Rule 6(d) and 6(e) of Rules of Appellate Procedure - Civil.

CR01-1295. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Appellee's motion for release of exhibits is denied; case pending on appeal.

CR02-1. Brian Winston v. State of Arkansas, from Phillips Circuit. Motion of Don Etherly and Ray Galloway to withdraw as counsel is denied. See Act 1370 of 2001.

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. Granted as to filing substituted brief; costs to be assessed to appellant.

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 is granted. Glaze, J., not participating.

CR98-456. Robert Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure; and Rules of the Supreme Court and Court of Appeals. See per curiam this date. (26 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Appointments to Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Cindy Grace Thyer of the First Court of Appeals District is reappointed to a three-year term to conclude on December 5, 2004. Tony L. Yocom of the Fourth Court of Appeals District is reappointed to a three-year term concluding on December 5, 2004. The Court conveys its appreciation to Ms. Thyer and Mr. Yocom for their willingness to continue their service on this Board.

Julie M. Cabe of Little Rock is appointed as an at-large member to replace the Honorable Carol Anthony, who has concluded her service. The Court thanks Judge Anthony for her years of service as a member and Chair of this Board, and appreciates Ms. Cabe's acceptance of this appointment. Ms. Cabe's appointment is for a three-year initial term concluding on December 5, 2004.

PETITIONS FOR REVIEW:

CR02-29. Eddie Rodgers v. State of Arkansas, from Pulaski Circuit, Seventh Division.

01-1358. Twyla Bryant v. Staffmark, Inc., from Workers' Compensation Commission.

01-1384. Harper Development, Inc. and Bobby Henley v. Jack Albert et al., from Saline Chancery.

01-1411. Robert D. Brandon and Carl L. Brooks v. Arkansas Western Gas Company, from Arkansas Public Service Commission.

02-10. Bob J. McAdams v. Alcoholic Beverage and Control Division, from Pulaski Circuit, Third Division.

02-11. Bob J. McAdams v. Alcoholic Beverage and Control Division, from Pulaski Circuit, Sixth Division.

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CR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit. Appellant's motion for clarification.

CR02-58. Roberto Daco Cabral v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of Arkansas Advocates for Children and Families to file an amicus curiae brief.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of the Arkansas Public Policy Panel and the Rural School and Community Trust to file amicus curiae brief.

01-1185. Teresa Ballard et al. v. Westark Financial Consultants of Little Rock, Inc. et al., from Craighead Circuit, Western District. Motion of Stephen Cain et al. to supplement record and stay briefing schedule.

01-1218. Teresa Ballard et al. v Phyllis Garrett et al., from Clark Circuit. Appellants' motion to supplement record on appeal and to stay briefing.

01-1248. Dwight R. Houston v. State of Arkansas, from Lincoln Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-2(a)(8).

CA01-1028. Denise Smith et al. v. Rogers Group et al., from Faulkner Circuit. Appellants' motion to consolidate appeals.

01-499. Don Williams v. Little Rock School District, from Pulaski Chancery, Second Division. Argued orally.

CR01-774. State of Arkansas v. Tiffany Ashley, from Garland Circuit.

CR01-1057. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit.

00-1357. Arkansas Department of Human Services v. Rose Huff, from Sebastian Chancery, Fort Smith District.

01-734. Robert A. Norman v. Josephine L. Norman, from Garland Chancery.

01-753. Jerry Short v. Westark Community College, from Sebastian Circuit, Fort Smith District.