Collins v. Excel Specialty Prods. (Arnold, C.J.) 01-820

Workers' compensation -- Act 796 of 1993; personal-comfort doctrine; supreme court declined to adopt factors identified by court of appeals; appellant's injury on restroom break not excluded from definition of "compensable injury." [HTML, WP5.1]

First United Bank v. Phase II, Edgewater Addition Resid. Prop. Owners Improv. Dist. No. 1 (Hannah,J.) 01-252

Trusts -- Breach of contractual duty by Trustee that harmed Districts was actionable; breach of contract resulted from appellant Trustee's failure to release lots pursuant to contractual language; appellee Districts were compelled to bring counterclaim to recover improperly paid fees; appellant Trustee's actions extended beyond its authority, resulting in unnecessary litigation, resulting in damages. [HTML, WP5.1]

Garrett v. State (Thornton, J.) CR01-923

Criminal law -- DWI conviction; increased penalty for second offense not violative of ex post facto laws; key issue not expungement but rather enhancement of sentence; legislature had power to amend statute to include enhanced sentence for second DWI offense during five-year look-back period; appellant remains DWI second offender. [HTML, WP5.1]

Hathcock v. Arkansas Dep't of Human Servs. (Glaze, J.) 01-885

Juveniles -- Request for continuance impeded statutory scheme; reliance on Ark. R. Civ. P. 40(b) misplaces; limited continuance provided by Ark. Code Ann. § 9-27-315 (d)(2) of Juvenile code controls; delays in noncriminal, dependency/neglect adjudication proceedings run counter to purpose of Arkansas' adjudication hearings; trial judge did not err in denying appellant's motion for continuance. [HTML, WP5.1]

Lamar v. State (Imber, J.) CR01-909

Criminal procedure -- Opening statements at trial permissible, not mandatory; holding of Jackson v. State limited to situations where defendant intends to present evidence. [HTML, WP5.1]

Mills v. State (Per Curiam) CR02-67

Appeal & error -- Motion to withdraw as attorney on direct appeal granted. [HTML, WP5.1]

Nuehring v. State (Per Curiam) CR01-1341

Appeal & error -- Motion for rule on clerk granted. [HTML, WP5.1]

Pickens v. State (Hannah, J.) CR01-992

Motions -- Directed verdict; no error in denying appellant's motion where victim's testimony alone was sufficient to allow jury to decide case; evidence of prior sexual offenses properly admitted to show motive; no abuse of discretion found. [HTML, WP5.1]

Pifer v. Single Source Transp. (Imber, J.) 01-807

Workers' compensation -- Act 796 of 1993; personal-comfort doctrine; supreme court declined to adopt factors identified by court of appeals; appellant's injury on restroom break not excluded from definition of "compensable injury." [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Regions Bank Trust Dep't (Glaze, J.) 01-839

Negligence -- Slip & fall; sufficient evidence existed to find that substance had been on floor for such substantial interval of time that appellant's employees should have known of its presence & removed it; no finding that appellee had been rehabilitated; trial court's decision to exclude evidence of her conviciton under Ark. R. Evid. 609(c) was erroneous; prior convictions involving dishonesty should have been admitted. [HTML, WP5.1]

Weigh Sys. South, Inc. v. Mark's Scales & Equip., Inc. (Thornton, J.) 01-959

Business & commercial law -- Trade secrets; finding of chancellor as to six factors not clearly erroneous; chancellor did not err in finding that information appellant sought to protect was not trade secret. [HTML, WP5.1]

In Re: Jackson (Per Curiam) [HTML, WP5.1]

Clay v. State, CR 01-469 (Per Curiam), rebriefing ordered March 7, 2002. [HTML, WP5.1]

Payton v. State, CR 01-370 (Per Curiam), Petition for Rehearing denied March 7, 2002. [HTML, WP5.1]

Phillips v. State, CR 00-992 (Per Curiam), Pro Se Motion for Certified Photocopy of Transcript at Public Expense denied March 7, 2002. [HTML, WP5.1]

Smith v. State, CR 01-1283 (Per Curiam), Pro Se Motions for Access to Record and for Extension of Time to File Brief granted; Pro Se Motion for Duplication of Brief at Public Expense denied March 7, 2002. [HTML, WP5.1]

Wilson v. State, CR 02-26 (Per Curiam), Pro Se Motion for Belated Appeal of Order dismissed March 7, 2002. [HTML, WP5.1]

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

01-820. Wendy A. Collins v. Excel Specialty Products and Crawford & Company, from Workers' Compensation Commission. Reversed and Remanded. Arkansas Court of Appeals Affirmed as Modified. (9 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-839. Wal-Mart Stores, Inc. v. Regions Bank Trust Department, Guardian of the Estate of Michael Burkeen; Linda Burkeen, Individually, and as Guardian of the Person of Michael Burkeen, from Garland Circuit. Affirmed in Part; Reversed and Remanded in Part. Hannah, J., dissents. Corbin, J., not participating. (18 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-885. James Hathcock and Zoeanna Hathcock v. Arkansas Department of Human Services; S.J. and J.H., Minor Children, from Pulaski Chancery, Tenth Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-909. Anthony Lamar v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

01-807. Henry Pifer v. Single Source Transportation, from Workers' Compensation Commission. Reversed and Remanded. Arkansas Court of Appeals Affirmed as Modified. (8 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-923. Ronnie Dean Garrett v. State of Arkansas, from Lonoke Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

01-959. Weigh Systems South, Inc., and Weigh Systems South II, Inc. v. Mark's Scales & Equipment, Inc., Mark Moody, and Timoth Young, from Yell Chancery, Northern District. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-992. Michael Glenn Pickens v. State of Arkansas, from Hot Spring Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

01-252. First United Bank, Trustee v. Phase II, Edgewater Addition Residential Property Owners Improvements District No. 1 of Maumelle, Arkansas et al. and DeHaven, Todd & Co. et al., from Pulaski Chancey, Fourth Division. Affirmed. (29 PAGES PUBLISHED) [HTML, WP5.1]

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

CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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CR01-1341. David Nuehring v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on the clerk and determination of counsel is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

02-159. Baptist Health and Sid Gipson v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to withdraw petition for writ of certiorari and request for oral argument is granted.

02-159. Baptist Health and Sid Gipson v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion for emergency proceeding and temporary stay. Moot.

02-159. Baptist Health and Sid Gipson v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari. Moot.

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

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). Granted 15 days.

CR02-67. Buckie Allan Mills v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Renewed motion to withdraw as attorney on direct appeal and motion for extension of time is granted. See per curiam this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

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 is denied.

01-760. State of Arkansas et al. v. Diamond Lakes Oil Company et al., from Hot Spring Circuit. Appellees' motion for costs is granted. Attorney's fee granted as modified; allowed $2,000.

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 is granted.

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

02-198. In Re: Lesa Gail Bridges Jackson (Arkansas Bar ID #87007). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CA01-1027. Clyde Lester Little, Jr. v. Donna Ruth Little, from Pope Chancery. Appellee's motion to transfer to Supreme Court is denied.

CR00-992. Tommy Phillips v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for certified photocopy of transcript at public expense. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-469. Michael Clay v. State of Arkansas, from Pulaski Circuit, First Division. Rebriefing ordered. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1283. Christopher D. Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for access to record, for duplication of brief at public expense, and for extension of time to file brief. Motions for access to record and extension of time to file brief granted; motion for duplication of brief at public expense denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-26. Demarco T. Wilson v. State of Arkansas, from Crittenden Circuit. Pro se motion for belated appeal of order. Motion dismissed. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REHEARING:

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

CR01-1057. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit.

01-499. Don Williams v. Little Rock School District, from Pulaski Chancery, Second Division.

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CR01-681. Thomas Edmond Bradley v. State of Arkansas, from Crittenden Circuit. Motion to be relieved as counsel.

CR01-933. Elizabeth Strom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for clarification and briefing schedule.

CR01-1436. Joe Edwin Clem v. State of Arkansas, from Craighead Circuit, Western District. Motion to substitute counsel and for brief time.

CR02-92. Samuel James Jefferson v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to file supplemental brief.

01-1154. W. G. v. Stark Ligon, Executive Director, Committee on Professional Conduct of the Supreme Court, an Original Action. Appellant's motion for decision on the merits of petition for extraordinary relief.

02-179. Dale W. Finley v. Thomas Irmer et ux., from Pope Circuit. Motion for rule on clerk.

02-189. Advocat, Inc. et al. v. Lon C. Sauer, from Polk Circuit. Petition for writ of certiorari to complete the record.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Argued orally.

CR01-288. Darwin Shields v. State of Arkansas, from Pulaski Circuit, Fourth Division.

01-653. David Craig Davis et ux. v. St. John's Health System, Inc., from Carroll Circuit, Eastern District.

01-782. Arkansas Professional Bail Bondsman Licensing Board v. Marc Oudin, Jr., from Pulaski Circuit, Fifth Division.

01-994. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division.

01-997. William Lee Nielsen v. Deborah Berger-Nielsen et al., from Washington Chancery.