Flowers v. Norris (Corbin, J.) 01-852

Criminal law -- Supreme court declined to expand scope of Ark. Code Ann. § 5-1-110; conviction & sentence for one of underlying felonies must merge with appellant's attempted capital murder conviction; conviction & sentence for kidnapping merged with conviction for attempted capital murder; appellant's conviction & sentence for aggravated robbery remained in effect; supreme court modified appellant's sentence for attempted capital murder. [HTML, WP5.1]

Griffin v. State (Thornton, J.) CR00-1475

Search & seizure -- Warrantless nighttime search; "knock & talk" approach was effort to search premises without probable cause; search began before appellant was summoned to his door & asked for consent to search; search illegal; case reversed & remanded. [HTML, WP5.1]

Scott v. State (Imber, J.) CR00-1373

Criminal procedure -- Pre-arrest contacts; not all interpersonal intercourse between police & citizens involves "seizures" of persons; officers justified in approaching appellant's residence to question him about potential criminal activity; police did not need reasonable suspicion to approach appellant's residence & request assistance; "knock & talk" did not amount to "seizure" in violation of Fourth Amendment; "particularly heavy burden" analysis not applicable where appellant was not under arrest at time he gave verbal consent for search of residence; State demonstrated that appellant had voluntarily consented to search of his home. [HTML, WP5.1]

Worthem v. State (Per Curiam) CR01-1207

Criminal procedure -- Postconviction relief; circuit court lacked jurisdiction to grant relief requested. [HTML, WP5.1]

In Re: Supreme Court Amendment 80 Committee (Per Curiam) [HTML, WP5.1]

Anderson v. State, CR 01-1372 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Postconviction Order denied February 28, 2002. [HTML, WP5.1]

Glick v. Cass, 00-893 (Per Curiam), Motion to Recall Mandate denied February 28, 2002. [HTML, WP5.1]

Hampton v. State, CA CR 01-573 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied February 28, 2002. [HTML, WP5.1]

Nichols v. Norris, 01-1030 (Per Curiam), rebriefing ordered February 28, 2002. [HTML, WP5.1]

Wickliffe v. State, 01-1220 (Per Curiam), dismissed February 28, 2002. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-852. Clinton Flowers v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Affirmed as Modified. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-1373. John T. Scott v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Thornton and Hannah, JJ., concur. (19 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-1475. David Griffin v. State of Arkansas, from Craighead Circuit, Western District. Reversed and Remanded. Corbin, Brown and Hannah, JJ., concur. Imber, J., not participating. (14 PAGES + 2-PAGE CONCURRENCE + 4-PAGE CONCURRENCE + 7-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-1207. Charles Worthem v. State of Arkansas, from Fulton Circuit. Affirmed. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-1220. Phillip E. Wickliffe v. State of Arkansas, from Jackson Circuit. Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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 is granted.

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. Granted 90 days.

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

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 is denied. See Pemberton v. State, 291 Ark. 198 (1987). Glaze, J., not participating.

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

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

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Motion to expedite ruling on motion to stay court order awarding fees and costs. Moot.

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Motion to stay court order awarding fees and costs. Remanded to trial judge to set supersedeas bond pending appeal.

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Motion to stay briefing schedule. Temporary stay granted.

CACR01-573. Odell Hampton v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1372. James K. Anderson v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk to proceed with appeal of postconviction order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

01-1030. Billy Mack Nichols, Jr. v. Larry Norris, Director, Arkansas Department of Correction et al., from Jefferson Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

00-893. Dennis P. Glick v. Terry Cass and George Brewer, from Jefferson Circuit. Motion to recall mandate. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Amendment 80 Committee. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

On November 30, 2000, we established the Amendment 80 Committee to oversee the implementation of Amendment 80 to the State Constitution. See In re: Appointment of Special Supreme Court Committee to be known as "Amendment 80 Committee," 343 Ark. 877 (2000). Much has been accomplished to that end, but more remains to be done. At this time, it is necessary to make additional appointments to the Committee. We hereby appoint Justice Jim Hannah, the Honorable Jim Gunter, Circuit Judge of Hope, the Honorable Stephen Routon, District Judge of Forrest City, and the Honorable David Stewart, District Judge of Little Rock, to the Amendment 80 Committee.

Judge Gunter is the current president of the Arkansas Judicial Council, and he replaces his predecessor in that position, the Honorable David Bogard of Little Rock. We thank Judge Bogard for his service and extend our appreciation to the new appointees for their willingness to serve on this important Committee. The current composition of the Committee is as follows:

Chief Justice W. H. "Dub" Arnold, Chair
Justice Robert L. Brown
Judge Robert J. Gladwin
Judge Jim Gunter
Justice Jim Hannah
Ronald D. Harrison
Justice Annabelle Clinton Imber
Jim L. Julian
Judge Andree L. Roaf
Judge Stephen Routon
Judge David Stewart
Chief Judge John F. Stroud, Jr.

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

CR01-1363. Kenneth Bush v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-2(a)(6).

CR02-67. Buckie Allan Mills v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Renewed motion to withdraw as counsel and extension of brief time.

01-507. Arkansas Game and Fish Commission et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Motion of Arkansas Game and Fish Commission for additional time for oral argument.

01-760. State of Arkansas et al. v. Diamond Lakes Oil Company et al., from Hot Spring Circuit. Appellees' motion for costs.

01-1237. Sharp County Sheriff's Department et al. v. Ozark Acres Improvement District et al., from Workers' Compensation Commission. Motion to file belated supplemental reply brief.

01-1303. Sonny Holmes et al. v. Charlie McClendon, Jr., from St. Francis Probate. Appellants' motion to amend brief.

CR01-992. Michael Glenn Pickens v. State of Arkansas, from Hot Spring Circuit.

CR01-1108. James Hoay v. State of Arkansas, from Clay Circuit, Western District.

01-885. James Hathcock et ux. v. Arkansas Department of Human Services, from Pulaski Chancery, Tenth Division.

01-887. Robert Spears et ux. v. John Mills et ux., from Washington Circuit.

01-888. Premium Aircraft Parts, LLC et al. v. Honorable Alan D. Epley, Judge, from Carroll Chancery, Eastern District.

01-959. Weigh Systems South, Inc. et al. v. Mark's Scales & Equipment, Inc. et al., from Yell Chancery, Northern District.