Allen v. Greenland (Arnold, C.J.) 01-447

Civil procedure -- Insurance carrier's answer inured to benefit of all defendants; order granting appellees' motion to strike reversed & remanded; discovery sanctions reversed & remanded where trial court abused discretion in not holding hearing as requested; order granting motion to strike answer affirmed where prejudicial effect of evidence of not wearing seatbelt at time of accident outweighed any probative value. [HTML, WP5.1]

Dansby v. State (Per Curiam) CR00-1218

Criminal procedure -- Review of Ark. R. Crim. P. 37.5 decision; abstract deficient; rebriefing ordered. [HTML, WP5.1]

Ford v. Ford (Imber, J.) 01-554

Parent & child -- Custody award to appellee affirmed; chancellor's decision as to visitation affirmed; trial court correctly found that appellant's non-periodic sources of income could be included for determination of child support; court of appeals decisions overruled to extent that they were inconsistent with supreme court decision regarding calculation of periodic and non-periodic income. [HTML, WP5.1]

Martin v. State (Per Curiam) CR01-1072

Appeal & error -- Motion for clarification; motion for belated appeal granted. [HTML, WP5.1]

Mayberry v. Flowers (Corbin, J.) 00-1460

Parent & child -- Adoption; limitations period did not bar natural father's petition to set aside adoption where he was not provided with notice contemplated by statutes & constitutions; need for finality did not weigh in favor of upholding adoption where child had been in custody of natural father for almost four years. [HTML, WP5.1]

Robinson v. State (Per Curiam) CR01-351

Contempt -- Show-cause order issued. [HTML, WP5.1]

Short v. Westark Commun. College (Hannah, J.) 01-753

Constitutional law -- Sovereign immunity; focus must be on nature of entity, not nature of relief sought; suit against appellee was suit against state; sovereign immunity not waived by legislature in Arkansas Civil Rights Act; appellant's argument without merit. [HTML, WP5.1]

Ward v. State (Per Curiam) CR00-1322

Criminal procedure -- Postconviction proceedings; heightened standard of review in death cases; affirmance based on flagrantly deficient abstract too harsh; appellant's counsel ordered to revise brief & abstract at own expense. [HTML, WP5.1]

In Re: Administrative Order No. 10: Arkansas Child Support Guidelines (Per Curiam) [HTML, WP5.1]

Arnett v. State, CR 01-265 (Per Curiam), affirmed January 31, 2002. [HTML, WP5.1]

Davis, Elton Lee v. State, 01-373 (Per Curiam), affirmed January 31, 2002. [HTML, WP5.1]

Davis, Michael A. v. State, CR 01-57 (Per Curiam), affirmed January 31, 2002. [HTML, WP5.1]

Johnson v. Goins, 01-1243 (Per Curiam), Pro Se Motion for Rule on Clerk to Lodge Civil Appeal Belatedly dismissed January 31, 2002. [HTML, WP5.1]

Koch v. State, CR 00-1189 (Per Curiam), affirmed January 31, 2002. [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered May 9, 2002.

Looney v. State, CR 01-1308 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment treated as motion for rule on clerk and granted; Pro Se Motions for Transcript and Extension of Time to File Brief, and to Supplement Motion for Belated Appeal and for Appointment of Counsel moot January 31, 2002. [HTML, WP5.1]

Munson v. State, 01-1157 (Per Curiam), Pro Se Motion to Dismiss Appeal granted January 31, 2002. [HTML, WP5.1]

Payton v. State, CR 01-370 (Per Curiam), affirmed January 31, 2002. [HTML, WP5.1]

Robinson v. Norris, 01-1219 (Per Curiam), Pro Se Motion to Supplement Record and Abstract moot; appeal dismissed January 31, 2002. [HTML, WP5.1]

Sanders v. State, CR 01-1339 (Per Curiam), Pro Se Motion for Belated Appeal of Order dismissed January 31, 2002. [HTML, WP5.1]

Scott v. State, CR 01-1171 (Per Curiam), Pro Se Motion for Access to Record and for Extension of Time to File Brief granted January 31, 2002. [HTML, WP5.1]

Smith v. State, CR 00-1026 (Per Curiam), affirmed January 31, 2002. [HTML, WP5.1]

Watson v. State, CA CR 99-1504 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied January 31, 2002. [HTML, WP5.1]

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

01-447. Raymond E. Allen, Winner's Circle and Bob Eubanks v. Angela D. Greenland, Donald Greenland, Donna Hutchinson, Eric Hutchinson, Kathy Peery, and Bill Peery, from Faulkner Circuit. Affirmed in Part; Reversed and Remanded in Part. Imber, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

00-1460. Kevin Mayberry v. Dorothy Flowers and Michael Flowers, from Conway Probate. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

01-554. Rhonda Ford v. Jon D. Ford, from Woodruff Chancery. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-753. Jerry Short v. Westark Community College, from Sebastian Circuit, Fort Smith District. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR00-1026. James Edward Smith v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR00-1189. Mathias George Koch v. State of Arkansas, from Logan Circuit, Northern District. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]  Supplemental opinion upon denial of rehearing delivered May 9, 2002. (5 PAGES UNPUBLISHED)

CR01-57. Michael A. Davis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-265. Carolyn Lanore Arnett v. State of Arkansas, from Greene Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

01-373. Elton Lee Davis v. State of Arkansas, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR02-29. Eddie Rodgers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Corbin and Hannah, JJ., would deny.

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

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.

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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01-447. Raymond E. Allen et al. v. Angela D. Greenland et al., from Faulkner Circuit. Appellee's motion to strike a frivolous appeal. Moot. See opinion this date.

CR00-1218. Ray Dansby v. State of Arkansas, from Union Circuit. Rebriefing Ordered. See per curiam this date. Glaze, J., dissents. Imber, J., not participating. (3 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR00-1322. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division. Rebriefing ordered. See per curiam this date. Glaze, J., dissents. See per curiam issued this date in CR00-1218, Ray Dansby v. State of Arkansas. Imber, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1072. Charles Anthony Martin v. State of Arkansas, from Cleburne Circuit. Appellant's motion for clarification. Motion for belated appeal granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-58. Roberto Daco Cabral v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record. Granted 30 days.

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 is granted. Imber, J., not participating.

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 is granted. 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. Motion of Stephen Cain et al. to supplement record and stay briefing schedule is denied. Glaze, J., not participating.

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 is denied. Glaze, J., not participating.

01-1218. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to allow reply to appellee Advance America's objection and response to motion to supplement record is granted. Glaze, J., not participating.

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) is granted.

02-78. Thomas B. Merriweather v. Honorable Harold S. Erwin et al., from Jackson Circuit. Motion to expedite is granted.

02-78. Thomas B. Merriweather v. Honorable Harold S. Erwin et al., from Jackson Circuit. Petition for temporary relief from order pending a decision on petition for writ of certiorari and/or mandamus is granted.

CR01-1040. James D. Logan v. State of Arkansas, from Garland Circuit. Appeal dismissed for failure to file briefs pursuant to Arkansas Supreme Court Rule 4-5.

CA01-1028. Denise Smith et al. v. Rogers Group et al., from Faulkner Circuit. Appellants' motion to consolidate appeals is denied. Glaze, J., not participating.

CA01-1286. Ford Motor Company et al. v. The Reverend Milton Harper et al., from Pulaski Probate, Fifth Division. Appellants' motion to certify case to the Supreme Court is denied.

CACR99-1504. Tony Watson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1171. Michael David Scott v. State of Arkansas, from Crawford Circuit. Pro se motion for access to record and for extension of time to file brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR01-1308. Warren Looney v. State of Arkansas, from Independence Circuit. Pro se motions for belated appeal of judgment, for transcript and extension of time to file brief, and to supplement motion for belated appeal and for appointment of counsel. Motion for belated appeal treated as motion for rule on clerk and granted; companion motions moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1339. Anthony Sanders v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-1157. James Munson v. State of Arkansas, from Faulkner Circuit. Pro se motion to dismiss appeal. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

01-1219. Ronald Robinson v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Pro se motion to supplement record and abstract. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-1243. Mildred Johnson v. Michelle Dame Goins, from Pulaski Circuit, Third Division. Pro se motion for rule on clerk to lodge civil appeal belatedly. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Administrative Order No. 10: Arkansas Child Support Guidelines. See per curiam this date. (23 PAGES PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

CR01-1425. Steven Sanders v. State of Arkansas, from Newton Circuit.

01-1420. Clyde McWilliams v. Karl W. Schmidt et al., from Pulaski Circuit, Third Division.

01-1429. Thomas L. Ford v. Dependable Air et al., from Workers' Compensation Commission.

02-16. Kelly Smith, as Administratrix of Lydia Shepard v. St. Paul Fire & Marine Insurance Company, from Craighead Circuit, Western District.

02-30. Brooksher L. Banks et al. v. Capitol Chemical and Supply Company, from Pulaski Circuit, Pulaski Probate, Fifth Division

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CR00-302. Clay Anthony Ford v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion to release exhibits.

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

CR01-1278. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to file a supplemental brief.

CR01-1412. Michael E. Ricketts and Robin D. Ricketts v. State of Arkansas, from Boone Circuit. Motion for belated writ of certiorari.

CR02-57. Undra Monta Singleton v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk.

CR02-57. Undra Monta Singleton v. State of Arkansas, from Ashley Circuit. Motion of Don G. Gillaspie to be relieved as counsel.

CR02-67. Buckie Mills v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of Ben Beland to withdraw as counsel and for brief time.

01-507. Arkansas Game and Fish Commission et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Appellees' motion for attorney's fees.

01-741. Velma Magoon v. T. H. Epperson & Son, Inc., from Jefferson Chancery. Amended motion for reconsideration on rule on clerk.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Motion to file enlarged reply brief.

02-64. Arkansas Department of Human Services v. Melissa Humphrey, from Pulaski Circuit, Eleventh Division. Appellant's motion for stay of order to pay pending appeal.

CA01-1286. Ford Motor Company et al. v. The Reverend Milton Harper et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal.

01-527. Mississippi River Transmission Corporation v. Richard A. Weiss, from Pulaski Chancery, First Division. Argued orally.

CR00-1363. Joe Louis Dansby v. State of Arkansas, from Miller Circuit.

CR01-141. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit.

CR01-364. Kenneth D. Williams v. State of Arkansas, from Lincoln Circuit.

CR01-681. Thomas Edmond Bradley v. State of Arkansas, from Crittenden Circuit.

CR01-699. Robert Gene Hughes v. State of Arkansas, from Greene Circuit.