Hughes v. State (Corbin, J.) CR01-699

Constitutional law -- Double Jeopardy Clause; decision that evidence legally insufficient to sustain guilty verdict constitutes acquittal; directed verdict in appellant's case constituted; Double Jeopardy Clause not offended where trial court finds insufficient proof of greater offense but prima facie case on lesser-included offense; judgment of conviction on lesser-included offense affirmed where appellant was not twice put in jeopardy for same offense. [HTML, WP5.1]

Nichols v. Arnold (Per Curiam) 01-961

Appeal & error -- Appellant's brief lodges without abstract; rebriefing ordered. [HTML, WP5.1]

Price v. State (Brown, J.) CR01-703

Criminal law -- Intent or state of mind; witness's testimony was sufficient circumstantial evidence of appellant's mental state to uphold conviction; appellant's act of pointing loaded gun at victim's head during argument manifested extreme indifference to human life; appellant failed to show actual conflict of interest; appellant waived any conflict; ineffective assistance claim; counsel's representation was not deficient where decision to testify was ultimately appellant's; jury need not have representatives of each distinctive group in population; trial court did not err in denying appellant new trial on systematic-exclusion issue. [HTML, WP5.1]

Williams v. State (Hannah, J.) CR01-364

Criminal law -- Element of "use of threat of use of deadly weapon in escaping custody" required by first-degree escape was missing; trial court erred in submitting issue of first-degree escape to jury; fact that one of two felonies offered to jury to satisfy elements of capital-felony murder was erroneously offered did not alter findings; jury clearly found appellant guilty of aggravated robbery & capital murder; no prejudice resulted in appellant's being made to wear prison garb & restraints in courtroom; no prejudice in presence of guards in courtroom; evidence of chase relevant & admissible; no prejudice in penalty phase; no error in submitting aggravator on multiple deaths; Ark. Code Ann. § 5-4-604(2) & (5) not duplicative. [HTML, WP5.1]

In Re: Section 28 to the Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law and Model Rule of Professional Conduct 1.15(D)(1) (Per Curiam) [HTML, WP5.1]

Adams v. State, CR 01-1395 (Per Curiam), Pro Se Motion for Belated Appeal of Order dismissed February 21, 2002. [HTML, WP5.1]

Cagle v. Norris, 01-802 (Per Curiam), affirmed February 21, 2002. [HTML, WP5.1]

Edwards v. State, CR 01-1396 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied; Pro Se Motions to Supplement Record & for Appointment of Counsel moot February 21, 2002. [HTML, WP5.1]

Harmon v. State, CR 01-781 (Per Curiam), affirmed February 21, 2002. [HTML, WP5.1]

King v. State, CA CR 01-145 (Per Curiam), Pro Se Motion to Recall Mandate denied February 21, 2002. [HTML, WP5.1]

Lewis v. State, CR 99-657 (Per Curiam), Pro Se Motion for Certified Photocopy of Record at Public Expense denied February 21, 2002. [HTML, WP5.1]

Prince v. State, 01-894 (Per Curiam), affirmed February 21, 2002. [HTML, WP5.1]

Scott v. State, CR 01-1052 (Per Curiam), Pro Se Motion for Rule on Clerk denied; Pro Se Motions for Appointment of Counsel & to Expedite Action on Motions moot February 21, 2002. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-699. Robert Gene Hughes v. State of Arkansas, from Greene Circuit. Circuit Court Affirmed; Court of Appeals Reversed. (13 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR01-703. Leslie Price v. State of Arkansas, from Garland Circuit. Affirmed. (20 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-364. Kenneth D. Williams v. State of Arkansas, from Lincoln Circuit. Affirmed. Imber, J., concurs. (28 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-781. Henry A. Harmon v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-802. Rickie W. Cagle v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-894. Carl Prince v. State of Arkansas, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

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

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

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

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 is granted.

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

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

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

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

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Appellee's motion to compel the filing of correct brief is granted; appellant to file 14 copies of original brief.

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

01-1385. Dayne Bell (Deceased) et al. v. Tri-Lakes Services, from Workers' Compensation Commission. Respondent's motion for attorney's fees. Granted $500.00.

02-162. Three Sisters Petroleum, Inc. et al. v. Honorable David F. Guthrie, Judge, from Union Circuit. Motion to stay proceedings below is granted. Clerk to set briefing schedule.

CR99-657. Arthur Lewis a/k/a Author Lewis v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for certified photocopy of record at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-145. Keith A. King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to recall mandate. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. Pro se motions for rule on clerk, for appointment of counsel, and to expedite action on motions. Motion for rule on clerk denied; motions for appointment of counsel and to expedite moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1395. Wilfort Adams v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1396. Michael Deshawn Edwards v. State of Arkansas, from Columbia Circuit. Pro se motion for belated appeal of judgment and motions to supplement record and for appointment of counsel. Motion for belated appeal denied; motions to supplement record and for appointment of counsel moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

01-961. Billy Mack Nichols v. P. Arnold, from Jefferson Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Section 28 to the Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law and Model Rule of Professional Conduct 1.15(D)(1). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

02-93. Liberty Mutual Insurance Company et al. v. Randall Chambers, from Workers' Compensation Commission.

02-97. Bob J. McAdams v. Alcoholic Beverage Control Division, from Pulaski Chancery, Second Division.

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CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to proceed under new rules to file brief.

CR01-965. Devin Lavelle Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to stay mandate in order to petition for writ of certiorari.

CR01-993. J. M. Peterson, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement the record.

CR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for belated appeal and for determination of appellate counsel on appeal.

01-1185. Teresa Ballard et al. v. Westark Financial Consultants of Little Rock, Inc. et al., from Craighead Circuit, Western District. Appellants' motion to file enlarged brief.

02-124. First Arkansas Bail Bonds, Inc. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on clerk.

02-129. Concrete Construction, Inc. v. Honorable Stephen P. Sawyer, Judge, from Benton Circuit. Petition for writ of mandamus.

02-131. Maribeth Pless v. Robert G. Hudspeth, Jr., from Pulaski Chancery, Fifth Division. Appellant's motion to file a belated petition for review.

01-252. First United Bank v. Phase II, Edgewater Addition Residential Property Owners Improvement District No. 1 et al., from Pulaski Chancery, Fourth Division. Argued orally.

CR01-909. Anthony Lamar v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR01-923. Ronnie Garrett v. State of Arkansas, from Lonoke Circuit.

01-839. Wal-Mart Stores, Inc. v. Regions Bank Trust Department et al., from Garland Circuit.

01-852. Clinton Flowers v. Larry Norris, Director, Arkansas Department of Corrections, from Jefferson Circuit.

01-860. Sherry C. Faulkner v. Arkansas Children's Hospital et al., from Pulaski Circuit, Fifth Division.