Arkansas Dep't of Human Servs. v. Huff (Imber, J.) 00-1357

Parent & child -- Termination of parental rights; trial court did not abuse discretion by refusing to admit Colorado home study into evidence; administrative regulations cannot be contrary to statute; Interstate Compact on the Placement of Children does not apply when child is returned to natural parent in another state; trial court's finding that custody should be returned to appellee without approval by Colorado was not clearly erroneous. [HTML, WP5.1]

Bradley v. State (Arnold, C.J.) CR01-681

Criminal law -- Trial court did not err in finding that State had proved appellant's violation of conditions of suspended sentence; trial court's finding that appellant was in constructive possession of anhydrous ammonia being transported in unlawful container was sufficient to revoke suspended sentence. [HTML, WP5.1]

Holmes v. State (Glaze, J.) CR01-1057

Criminal procedure -- Ark. R. Crim. P. 3.1 & 3.4 did not authorize officer's entry into appellant's house; trial court erred in denying appellant's motion to suppress on basis of officer's safety; State failed to prove consent to search; motion to suppress improperly denied. [HTML, WP5.1]

Mississippi River Transmission Corp. v. Weiss (Brown, J.) 01-527

Taxation -- Ark. Code Ann. § 26-53-106(b); come-to-rest test; property must first come to rest before it is consumed to be taxable; summary judgment reversed & matter remanded where trial court erred in statutory interpretation. [HTML, WP5.1]

Simpson v. State (Thornton, J.) CR01-141

Criminal procedure -- Provision of Ark. R. Crim. P. 37.5(e) is exception to time limit imposed in non-death cases by Ark. R. Crim. P. 37.2(c); circuit court erred in dismissing petition under inapplicable rule; reversed & remanded. [HTML, WP5.1]

Singleton v. State (Per Curiam) CR 02-057

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

State v. Ashley (Arnold, C.J.) CR01-774

Appeal & error -- Appeal by State accepted in limited circumstances; appeal here not accepted by supreme court. [HTML, WP5.1]

Tyson Foods, Inc. v. Davis (Hannah, J.) 01-165

Jury -- Instructions given on fraud & promissory estoppel; general verdict left supreme court without recourse to determine upon which action verdict was based; events occurred within three years of filing lawsuit; statute of limitations not violated; motion for directed verdict properly denied; substantial evidence existed to support jury's verdict; award of damages on general-verdict form precluded further analysis. [HTML, WP5.1]

Berna v. Judicial Discipline and Disab. Comm'n, 01-1369 (Per Curiam), Pro Se Petition and Amended Petition for Writ of Certiorari denied; Motion for Issuance of Writ Without Application and Motion for Oral Argument moot February 7, 2002. [HTML, WP5.1]

Brewer v. Norris, 01-271 (Per Curiam), affirmed February 7, 2002. [HTML, WP5.1]

Davis v. State, CR 01-678 (Per Curiam), affirmed February 7, 2002. [HTML, WP5.1]

Farver v. State, CA CR 94-913 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied February 7, 2002. [HTML, WP5.1]

Johnson v. State, CR 00-1421 (Per Curiam), affirmed February 7, 2002. [HTML, WP5.1]

Smith v. State, CR 01-100 (Per Curiam), affirmed February 7, 2002. [HTML, WP5.1]

State v. Roberts, CR 02-22 (Per Curiam), Petition for Writ of Certiorari granted; counsel appointed February 7, 2002 [HTML, WP5.1]

Turner v. State, CR 01-459 (Per Curiam), additional briefing ordered February 7, 2002. [HTML, WP5.1]

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

CR01-681. Thomas Edmond Bradley v. State of Arkansas, from Crittenden Circuit. Affirmed. (5  PAGES PUBLISHED) [HTML, WP5.1]

CR01-774. State of Arkansas v. Tiffany Ashley, from Garland Circuit. Appeal Dismissed. Glaze, J., dissents. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-1057. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit. Reversed and Remanded. Corbin and Brown, JJ., dissent. (9 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-527. Mississippi River Transmission Corporation v. Richard A. Weiss, Director of the Department of Finance and Administration of the State of Arkansas, from Pulaski Chancery, First Division. Reversed and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-1357. Arkansas Department of Human Services v. Rose Huff, from Sebastian Chancery, Fort Smith District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-141. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit. Reversed and Remanded. (3 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-165. Tyson Foods, Inc. v. Don Davis, from Franklin Circuit, Ozark District. Affirmed. Glaze and Thornton, JJ., dissent. Imber, J., not participating. (23 PAGES PUBLISHED + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR00-1421. Jerry Dewayne Johnson v. State of Arkansas, from Crittenden Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-100. Anthony David Smith v. State of Arkansas, from Marion Circuit. Affirmed.  (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-678. Randy William Davis v. State of Arkansas, from Clark Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

01-271. Cephas B. Brewer v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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 Probate, Fifth Division.

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CR02-22. State of Arkansas v. Karl Douglas Roberts, from Polk Circuit. Petition for writ of certiorari. Petition granted; counsel appointed. See per curia this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

02-78. Thomas B. Merriweather v. Honorable Harold S. Erwin et al., from Jackson Circuit. Petition for writ of certiorari and/or writ of mandamus is denied.

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

CR00-1062. Charles Barnes v. State of Arkansas, from Sharp Circuit. Appellant's second motion for stay of further proceedings and to recall mandate. Granted 90 days.

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

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

CR02-57. Undra Monta Singleton v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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. Passed until case submitted.

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

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

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 is denied. Imber, J., not participating.

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

CACR94-913. Walter Bernard Farver v. State of Arkansas, from Pulaski Circuit, Sixth Division. 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. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-459. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, Sixth Division. Additional briefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-1369. Rickie Earn Berna v. Judicial Discipline and Disability Commission, from Judicial Discipline and Disability Commission. Pro se petition and amended petition for writ of certiorari denied; motion for issuance of writ without application and motion for oral argument moot. See per curiam this date. Arnold, C.J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

01-568. Franklin David Chambers, M.D. v. Harold Patrick Stern, M.D. et al., from Pulaski Circuit, Sixth Division.

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PETITIONS FOR REVIEW:

CR02-92. Samuel James Jefferson v. State of Arkansas, from Pulaski Circuit, First Division.

02-91. Ron Morris and Kandi Morris v. Ben Rush, Jo Anne Rush, and Lyman Lumber Company, from Pulaski Circuit, Fifth Division.

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CR01-528. Glenn Edward Whitham v. State of Arkansas, from Sevier Circuit. Appellant's motion for reconsideration of denial of oral argument.

CR01-761. Jason Nugene Turner v. State of Arkansas, from Calhoun Circuit. Appellant's motion to correct the record.

CR01-1327. Lee Charles Lewis v. State of Arkansas, from Bradley Circuit. Motion for rule on clerk.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellant Lake View School District's motion to supplement the record.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to file an enlarged brief.

CR00-1373. John T. Scott v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Argued orally.

CR01-703. Leslie E. Price v. State of Arkansas, from Garland Circuit.

CR01-729. State of Arkansas v. Eric G. Holmes, from Pulaski Circuit, First Division.

CR01-858. Rafael Jerome Cherry v. State of Arkansas, from Pulaski Circuit, Sixth Division.

01-760. State of Arkansas v. Diamond Lakes Oil Company, from Hot Spring Circuit.

01-770. Jones Rigging and Heavy Hauling, Inc. et al. v. Shannon Parker et al., from Clark Circuit.