Arkansas Dep't of Human Servs. v. T.B. (Arnold, C.J.) 01-654

Juveniles -- Family services; trial court did not err where it did not order placement of appellee in specifically named facility; appellant obligated to provide services ordered by trial court where protection services case was open; sovereign immunity specifically waived by General Assembly as to Department of Human Services in FINS cases. [HTML, WP5.1]

Cherry v. State (Arnold, C.J.) CR01-858

Criminal procedure -- Speedy trial; clock was tolled during pendency of State's appeal to supreme court; trial court did not abuse discretion in denying motion for continuance; sentencing-phase testimony by appellant; trial court's order allowing cross-examination by State affirmed. [HTML, WP5.1]

Dansby v. State (Imber, J.) CR00-1363

Criminal procedure -- Postconviction relief; attorneys could not be found deficient just because they lost at trial & on appeal on unsettled question of law; defendant's decision whether to testify not grounds for postconviction relief; denial of petition for postconviction relief affirmed. [HTML, WP5.1]

Jones Rigging & Heavy Hauling, Inc. v. Parker (Corbin, J.) 01-770

New trial -- Refusal to grant on basis of surprise not an abuse of discretion where complaining party placed surprising information into evidence; appellees failed to act with due diligence; trial court erroneously interpreted Ark. R. Civ. P. 59 (a)(3); order granting new trial reversed & case remanded. [HTML, WP5.1]

Lewis v. State (Per Curiam) CR01-1327

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

Mills v. State (Per Curiam) CR02-067

Attorney & client -- Motion to withdraw as counsel on direct appeal; denied. [HTML, WP5.1]

Norman v. Norman (Thornton, J.) 01-734

Civil procedure -- Neither attorney nor his firm parties to divorce action; chancellor affirmed; tort suit against nonparty not sustainable here; right result, wrong reason; chancellor's denial of appellant's request for attorney's fees affirmed. [HTML, WP5.1]

State v. Diamond Lakes Oil Co. (Glaze, J.) 01-760

Limitation of actions -- Actions for trespass on lands; application of discovery rule appropriate; cause of action did not accrue until 1997; temporary damage award not unreasonable; appellee had no choice but to conduct repairs; denial of appellant's motion for judgment notwithstanding verdict on question of damages proper. [HTML, WP5.1]

State v. Holmes (Thornton, J.) CR01-729

Criminal procedure -- Motion for directed verdict was not made at close of all evidence; appellee failed to comply with Ark. R. Crim. P. 33.1(b) & (c); trial court erred in considering appellee's motion to set aside verdict; reversed & remanded. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. The P.O. Market, Inc. (Brown, J.) 00-1223

Business & commercial law -- Trade secret; concept at issue was not unique; nothing about business plan that was not known in industry or readily ascertainable; statements by witnesses that unique or novel idea was involved did not transform matter into trade secret or raise reasonable inference for protection purposes; concept at issue did not meet test for trade secret. [HTML, WP5.1]

Williams v. Little Rock Sch. Dist. (Corbin, J.) 01-499

Schools & school districts -- Appellant clearly resigned his position & was not subjected to nonrenewal or termination proceedings; exclusive-remedy provision of Ark. Code Ann. § 6-17-1510 (d) not triggered; compliance standard of section 6-17-1503 of TFDA clarified; General Assembly's intent was to require strict compliance by school district in specifically enumerated instances; no school board action required for resignation to become effective; part of Higginbotham that mistakenly applied strict compliance standard for resignation cases reversed. [HTML, WP5.1]

In Re: Appointment of Special Consultant to Assist the Court in Reviewing Procedures to Certify Lawyers as Specialists (Per Curiam) [HTML, WP5.1]

Anderson v. Cass, 01-430 (Per Curiam), affirmed February 14, 2002. [HTML, WP5.1]

Bryant v. State, CR 00-1255 (Per Curiam), Petition for Rehearing denied February 14, 2002. [HTML, WP5.1]

Campbell v. State, CR 01-1181 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted February 14, 2002. [HTML, WP5.1]

Christopher v. State, CR 01-445 (Per Curiam), rebriefing ordered February 14, 2002. [HTML, WP5.1]

King v. State, CR 01-315 (Per Curiam), affirmed February 14, 2002. [HTML, WP5.1]

Murphy v. State, CR 01-610 (Per Curiam), affirmed February 14, 2002. [HTML, WP5.1]

Stephens v. State, CR 01-777 (Per Curiam), reversed and remanded February 14, 2002. [HTML, WP5.1]

Wells v. State, CR 01-1077 (Per Curiam), Pro Se Motion to Remand for Consideration Under Criminal Procedure Rule 37.2; denied and appeal dismissed February 14, 2002. [HTML, WP5.1]

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

CR01-858. Raphel Cherry v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

01-654. Arkansas Department of Human Services v. T.B. et al., from Faulkner Chancery, Juvenile Division. Affirmed. Brown, Imber, and Thornton, JJ., dissent. (13 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-760. State of Arkansas v. Diamond Lakes Oil Company, from Hot Spring Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-499. Don Williams v. Little Rock School District, from Pulaski Chancery, Second Division. Reversed and Remanded. Glaze and Imber, JJ., concur. Brown and Thornton, JJ., dissent. (10 PAGES + 2-PAGE CONCURRENCE + 4-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-770. Jones Rigging and Heavy Hauling, Inc., and Paul Kemp v. Shannon Parker and Michael Rodney Parker, from Clark Circuit. Reversed and Remanded; Cross-Appeal Moot. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

00-1223. Wal-Mart Stores, Inc., A Delaware Corporation d/b/a Sam's Club v. The P.O. Market, Inc., a Texas Corporation, Joseph O'Banion, Leonard Hoffman, and Michael McNew, from Miller Circuit. Reversed and Dismissed. Special Justice Noyl Houston joins. Glaze and Corbin, JJ., not participating. (29 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-1363. Joe Louis Dansby v. State of Arkansas, from Miller Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-729. State of Arkansas v. Eric G. Holmes, from Pulaski Circuit, First Division. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

01-734. Robert A. Norman v. Josephine L. Norman, from Garland Chancery. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-315. Elgin Gregory King v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-610. Aca Colquitt Murphy, Jr. v. State of Arkansas, from Columbia Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-777. Mack Stephens v. State of Arkansas, from Van Buren Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-430. James Kenneth Anderson v. Terry Cass, Administrator, Post-Prison Transfer Board, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR00-1255. Tommy L. Bryant, Jr. v. State of Arkansas, from Jackson Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-568. Franklin David Chambers, M.D. v. Harold Patrick Stern, M.D. et al., from Pulaski Circuit, Sixth Division. Imber, J., not participating.

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

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

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

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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CR02-67. Buckie Mills v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as attorney on direct appeal and motion for extension of time is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

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 is granted. Imber, J., not participating.

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

CR01-445. Kelley Christopher v. State of Arkansas, from Pulaski Circuit, First Division. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1077. Willie Wells v. State of Arkansas, from Crittenden Circuit. Pro se motion to remand for consideration under Criminal Procedure Rule 37.2. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1181. Calvin Lashawn Campbell v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for extension of time to file brief. Motion for extension of time granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Appointment of Special Consultant to Assist the Court in Reviewing Procedures to Certify Lawyers as Specialists. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Supreme Court has undertaken an assessment of its procedures to certify lawyers as specialists. To assist the Court in this task, we are pleased to appoint Judith Kilpatrick, an Associate Professor of Law at the University of Arkansas Law School in Fayetteville, as a special consultant to the Court. Professor Kilpatrick is a member of the American Bar Association Standing Committee on Specialization and is familiar with the American Bar Association sponsored certification process, as well as programs of other states.

We ask Professor Kilpatrick to examine the structure, operations, and procedures of our specialist certification system and to report her findings and recommendations to us. We thank Professor Kilpatrick for her willingness to assist the Court in this endeavor and look forward to working with her.

PETITION FOR REHEARING:

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

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PETITION FOR REVIEW:

02-105. Death & Permanent Total Disability Trust Fund v. James E. Brewer et al., from Workers' Compensation Commission.

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CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Roy C. Lewellen is ordered to appear and show cause today at 9:00 a.m.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for extension of time to file brief.

CR01-679. Mark Latta v. State of Arkansas, from Garland Circuit. Appellee's motion for compliance with Supreme Court Rule 4-3(h) and/or brief time.

CR01-933. Elizabeth Strom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to file belated appeal.

CR01-1239. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Appellant's motion to file supplemental brief.

CR01-1239. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Appellee's motion to file supplemental brief.

CR01-1382. Julian Robert Proctor v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file supplemental brief.

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Appellee's motion to compel the filing of correct brief.

01-1318. U. S. Bank et al. v. Wilma Milburn, from Greene Circuit. Appellee's motion to supplement the record.

01-1385. Dayne Bell (Deceased) et al. v. Tri-Lakes Services, from Workers' Compensation Commission. Respondent's motion for attorney's fees.

00-1243. Cadillac Cowboy, Inc. et al. v. Pamela Sue Jackson, from Howard Circuit. Argued orally.

CR01-762. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR01-785. Marcus Threadgill v. State of Arkansas, from Miller Circuit.

CR01-1295. Bryant M. Flores v. State of Arkansas, from Garland Circuit.

01-807. Henry Pifer v. Single Source Transportation, from Workers' Compensation Commission.

01-820. Wendy A. Collins v. Excel Specialty Products et al., from Workers' Compensation Commission.