Cadillac Cowboy, Inc. v. Jackson (Imber, J.) 00-1243

Evidence -- Substantial evidence supported jury's verdict in favor of appellant; challenged interrogatory; presumption that jury obeyed trial court's instructions. [HTML, WP5.1]

Concrete Constr., Inc. v. Sawyer (Per Curiam) 02-129

Judges -- Prompt disposal of judicial matters required; no good cause found to justify delay in ruling on underlying cause of action; petition for writ of mandamus moot where judgment rendered prior to decision in appeal. [HTML, WP5.1]

Faulkner v. Arkansas Children's Hosp. (Brown, J.) 01-860

Constitutional law -- Arkansas Civil Rights Act; supreme court declined to expand statutory definition of disability; appellant failed to state facts sufficient to allege cause of action under Arkansas Civil Rights Act; trial court's dismissal of claim affirmed as right result but wrong reason; tortious interference; appellees were acting within scope of employment; civil conspiracy; none existed where individual appellees were acting within scope of employment. [HTML, WP5.1]

McCoy v. State (Corbin, J.) CR01-762

Criminal law -- Lesser-included offense; holdings in case law abandoned where they conflicted with statutory law; trial court erred in refusing to instruct jury on attempted second-degree murder; reversed & remanded for new trial. [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered April 18, 2002.

Nielsen v. Berger-Nielsen (Hannah, J.) 01-997

Statutes -- Attorney-immunity statute; plaintiff must have direct privity of contract with entity being sued for legal malpractice; attorney specifically protected from lawsuit by Ark. Code Ann. § 16-22-310; general agency rules inapplicable. [HTML, WP5.1]

Premium Aircraft Parts, LLC v. Circuit Ct. of Carroll County (Imber, J.) 01-888

Prohibition, writ of -- Granted where circuit court was wholly without jurisdiction; respondent failed to plead sufficient facts to establish it had suffered physical damage to tangible personal property. [HTML, WP5.1]

Spears v. Mills (Corbin, J.) 01-887

Verdict & findings -- Jury reconvened after discharge & dispersal; trial court erred in reconvening jury; case reversed & remanded. [HTML, WP5.1]

Threadgill v. State (Thornton, J.) CR01-785

Evidence -- Appellant objected at trial based on Ark. R. Evid. 613(b); issue of admissibility of witness's first taped statement was properly raised for review; testimony left doubt as to whether witness admitted that her earlier statement was lie; trial court did not abuse discretion in admitting exhibit for impeachment purposes; no showing of bad faith on part of prosecutor; trial court's decision to sanction violation of discovery by allowing wide latitude in cross-examination of police officers was not abuse of discretion. [HTML, WP5.1]

In Re: Supreme Ct. Alt. Comm. on Prof'l Conduct (Per Curiam) [HTML, WP5.1]

In Re: Supreme Ct. Comm. on Crim. P. (Per Curiam) [HTML, WP5.1]

Bohanan v. State, CR 02-43 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied; Pro Se Motion for Appointment of Counsel moot March 14, 2002. [HTML, WP5.1]

Buchheit v. Norris, 01-915 (Per Curiam), affirmed March 14, 2002. [HTML, WP5.1]

Hilderbrand v. State, CR 01-1130 (Per Curiam), Pro Se Motion for Reconsideration denied March 14, 2002. [HTML, WP5.1]

Hinkle v. State, CR 00-1477 (Per Curiam), Petition for Rehearing denied March 14, 2002. [HTML, WP5.1]

Morgan v. State, CR 01-1060 (Per Curiam), remanded March 14, 2002. [HTML, WP5.1]

White, Rodney v. Yates, CR 02-108 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 14, 2002. [HTML, WP5.1]

White, Rodney C. v. Norris, 01-396 (Per Curiam), affirmed March 14, 2002. [HTML, WP5.1]

Williams v. State, CR 02-71 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed March 14, 2002. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-762. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division. Circuit Court Reversed and Remanded; Court of Appeals Affirmed. Arnold, C.J., and Glaze, J., dissent. (17 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1] Supplemental opinion upon denial of rehearing delivered April 18, 2002.

01-887. Robert Spears and Barbara Spears v. John Mills and Carol Mills, from Washington Circuit, Second Division. Reversed and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-860. Sherry C. Faulkner v. Arkansas Children's Hospital; Bonnie Taylor, M.D.; Michelle Moss, M.D.; Lorrie Baker, R.N.; and Carl Chipman, R.N., C.C.P., from Pulaski Circuit, Fifth Division. Affirmed. (23 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

00-1243. Cadillac Cowboy, Inc. v. Pamela Sue Jackson, from Howard Circuit. Affirmed. Corbin and Thornton, JJ., dissent. (14 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-888. Premium Aircraft Parts, LLC and Christopher Roger Baker v. The Circuit Court of Carroll County, Honorable Alan D. Epley, Judge, Performance Aircraft Parts, Inc., and Performance Aircraft Power Plants, Inc., from Carroll Circuit, Eastern District. Petition for Writ of Prohibition Granted. (11 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-785. Marcus Threadgill v. State of Arkansas, from Miller Circuit. Circuit Court Affirmed; Court of Appeals Affirmed as Modified. Corbin, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-997. William Lee Nielsen v. Deborah Berger-Nielsen and Joe Benson, from Washington Circuit. Affirmed. Corbin, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-1060. Thomas K. Morgan v. State of Arkansas, from Johnson Circuit. Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-396. Rodney C. White v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

01-915. Keith Aaron Buchheit v. Larry Norris, Director, from Jefferson Circuit. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR00-1477. Martin Hinkle v. State of Arkansas, from Pulaski Circuit, Seventh Division. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR01-1057. Perry Burton Holmes v. State of Arkansas, from Faulkner Circuit. Brown, J., would grant.

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02-129. Concrete Construction, Inc. v. Honorable Stephen P. Sawyer, Judge, from Benton Circuit. Petition for writ of mandamus. Moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

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

01-1154. W. G. v. Stark Ligon, Executive Director, Committee on Professional Conduct of the Supreme Court, from Supreme Court Committee on Professional Conduct. Appellant's motion for decision on the merits of petition for extraordinary relief is denied. See Section 3.B(4)(b)(v) of the Arkansas Supreme Court Procedures Regulating Professional Conduct.

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

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

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Appellant's motion to set new and abbreviated briefing schedule is denied.

CR01-1130. Chad Hilderbrand v. State of Arkansas, from Pope Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-43. Timothy Deshun Bohanan v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for belated appeal of order and motion for appointment of counsel. Motion for belated appeal denied; motion for appointment of counsel moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-71. Kenneth D. Williams v. State of Arkansas, from Jefferson Circuit. Pro se motion for extension of time to file appellant's brief. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-108. Rodney White v. Honorable Harvey Yates, Judge, from St. Francis Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Alternate Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Valerie Kelly, Assistant Attorney General, is appointed to fill the unexpired term of Jacqueline J. Cravens on the Supreme Court Alternate Committee on Professional Conduct. The term expires on March 30, 2006. It is an at-large position.

The court thanks Ms. Kelly for accepting appointment to this most important committee, and it expresses its appreciation to Jacqueline J. Cravens for her dedicated service to the Committee.

In Re: Supreme Court Committee on Criminal Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Honorable Charles Yeargan, Circuit Judge of the Ninth Circuit West Judicial Circuit, Honorable Thomas Deen, Prosecuting Attorney of the Tenth Judicial Circuit; and Colette Honorable, Esq., Assistant Attorney General, are hereby appointed to our Committee on Criminal Practice for three-year terms to expire on January 31, 2005. Judge David Burnett is designated the Chair of the Committee. Additionally, we are designating Frank Newell, Esq., as an ex-officio, non-voting, Advisor to the Committee, and Professor Scott Stafford of the University of Arkansas Law School at Little Rock as the Reporter for the Committee.

The Court thanks Judge Yeargan, Mr. Deen, and Ms. Honorable for accepting appointment to this important Committee.,

The Court expresses its gratitude to Judge Tom Keith, Raymond Abramson, and Gordon Webb, whose terms have expired, for their years of service on the Committee.

PETITIONS FOR REHEARING:

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

00-1223. Wal-Mart Stores, Inc. v. The P.O. Market, Inc. et al., from Miller Circuit, Second Division.

01-734. Robert A. Norman v. Josephine L. Norman, from Garland Chancery.

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

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PETITIONS FOR REVIEW:

CR02-188. Ronald Dworshak v. State of Arkansas, from Faulkner Circuit.

02-164. General Electric Company v. Lila Gilbert, from Craighead Circuit, Eastern District.

02-165. Wes Booth v. Suzanne P. Booth, from Union Chancery.

02-172. Glenda Meek v. David Carter, from Pope Probate.

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CR00-1322. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for additional time to reabstract.

CR01-127. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's second motion for compliance with Arkansas Supreme Court Rule 4-3(h).

CR01-867. Cochise Miles v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record, or for writ of certiorari to complete the record, and for brief time.

CR01-1289. Shawn Dwills v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CR01-1391. Willie Wells v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Motion for stay of execution.

01-447. Raymond E. Allen et al. v. Angela D. Greenland et al., from Faulkner Circuit. Appellees' motion to vacate or modify mandate for costs on appeal.

01-1266. Gene E. McKissic v. Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Condcuct. Appellee's motion to dismiss appeal.

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Appellant's motion to supplement the record and include Alberta, Canada case decisions in addendum.

02-212. Diane Harrison et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Motion for rule on clerk.

02-217. Antoine Jean-Pierre, M.D. v. Plantation Homes of Crittenden County, Inc., from Crittenden Circuit. Petition for writ of certiorari to complete the record.

01-456. Ron Davenport et al. v. Tyrone Lee, M.D. et al, from Faulkner Circuit. Argued orally.

CR01-890. James Eric Fountain v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR01-940. Melvin Eugene Reinert v. State of Arkansas, from Washington Circuit.

CR01-1044. Sharon Whitaker v. State of Arkansas, from Polk Circuit.

CR02-29. Eddie Rodgers v. State of Arkansas, from Pulaski Circuit, Seventh Division.

01-1311. St. Paul Mercury Insurance Company v. Honorable Victor L. Hill, Judge, from Craighead Circuit, Western District.