Arkansas Prof'l Bail Bondsman Lic. Bd. v. Oudin (Imber, J.) 01-782

Administrative law & procedure -- Bail bondsmen; Board did not act outside in conducting hearing & imposing sanctions for violation of rules & regulations; substantial evidence supported appellant Board's decision that contract was between appellee's company & municipal court; exemption from prohibition of bail bondsmen & bail bond companies from engaging in employment with courts of law would defeat purpose of regulation. [HTML, WP5.1]

Davis v. St. John's Health Sys., Inc. (Brown, J.) 01-653

Jurisdiction -- Long-arm statute limited to constraints imposed by due process clause of Fourteenth Amendment; appellee had sufficient contacts with state to satisfy constraints of due process clause; order of dismissal reversed & case remanded. [HTML, WP5.1]

Flores v. State (Brown, J.) CR01-1295

Evidence -- Medical-diagnosis exception; Renville child-abuse analysis not applicable; both parts of Iron Shell test met; requisite factors not met for excited-utterance exception; conviction for second-degree murder reversed & remanded. [HTML, WP5.1]

Reinert v. State (Glaze, J.) CR01-940

Statutes -- Provision attacked as void for vagueness; individual challenging statute must be one of "entrapped innocent"; appellant's conduct clearly fell within that prescribed by challenged statute, Ark. Code Ann. § 5-14-120; warning & fair notice given to appellant that sexual relationship with sixteen-year-old was prohibited by law; trial court did not err in denying appellant's motion to dismiss on grounds that statute was void for vagueness; convictions supported by substantial evidence. [HTML, WP5.1]

Shields v. State (Glaze, J.) CR01-288

Criminal procedure -- Ark. R. Crim. P. 2.3; verbal warning of freedom to leave no longer required; officers made it reasonably clear to appellant that he was only wanted for questioning, & that he did not have to go to police station; appellant's motion to suppress properly denied; confession not gained by exploitation of illegal arrest; confession appeared to be voluntary under circumstances. [HTML, WP5.1]

In Re: Proposed Rule for Masters and Referees Pursuant to Amendment 80, Section 8 (A) (Per Curiam) [HTML, WP5.1]

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

Bell v. Jones, CR 98-1037 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 21, 2002. [HTML, WP5.1]

Faulkens v. State, CR 01-907 (Per Curiam), affirmed March 21, 2002. [HTML, WP5.1]

Gooden v. State, CR 00-845 (Per Curiam), Pro Se Motion to Compel Counsel to File Brief and for Sanctions stayed; show cause order issued March 21, 2002. [HTML, WP5.1]

Presley v. State, CR 97-282 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied March 21, 2002. [HTML, WP5.1]

Prince v. Norris, 01-894 (Per Curiam), Petition for Rehearing denied March 21, 2002. [HTML, WP5.1]

Vaughn v. State, CR 02-35 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed March 21, 2002. [HTML, WP5.1]

Williams v. State, CR 02-113 (Per Curiam), Pro Se Motion for Belated Appeal of Order; treated as motion for rule on clerk and denied March 21, 2002. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-288. Darwin Shields v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Corbin, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

CR01-940. Melvin Eugene Reinert v. State of Arkansas, from Washington Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR01-1295. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Reversed and Remanded. Court of Appeals Affirmed as Modified. (20 PAGES PUBLISHED) [HTML, WP5.1]

01-653. David Davis and Marlo Davis v. St. John's Health System, Inc., from Carroll Circuit, Eastern District. Reversed and Remanded. Corbin, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

01-782. Arkansas Professional Bail Bondsman Licensing Board v. Marc Oudin, Jr. and Bail Bond Financing, Inc., from Pulaski Circuit, Fifth Division. Reversed and Remanded. Corbin, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR01-907. Brian Leonard Faulkens v. State of Arkansas, from Crittenden Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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.

01-894. Carl Prince v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

*****************************

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

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

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

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

*****************************

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

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) is denied. State to abstract 4.3(h) rulings and file brief within 30 days.

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 is granted. Clerk to set new briefing schedule.

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

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

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

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 is denied. Imber, J., not participating.

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

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 is denied as premature.

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

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. Granted 30 days.

02-246. Indian Harbor Insurance Company v. Honorable Donald E. Glover, Judge, from Ashley Circuit. Petition for writ of prohibition and stay of proceedings is denied. Glaze, J., not participating. (Proceedings of March 20, 2002)

CR97-282. Carl Presley v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-1037. Albert Bell v. Honorable Berlin Jones, Judge, from Arkansas Circuit, Northern District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Pro se motion to compel counsel to file brief and for sanctions. Motion stayed; show cause order issued. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-35. Dale Edward Vaughn v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-113. Kenneth D. Williams v. State of Arkansas, from Jefferson Circuit. Pro se motion for belated appeal of order. Motion treated as motion for rule on clerk and denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Proposed Rule for Masters and Referees Pursuant to Amendment 80, Section 8 (A). See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

Honorable John Langston, Circuit Judge of the Sixth Judicial Circuit, Honorable Larry Jegley, Prosecuting Attorney of the Sixth Judicial District, Charles Baker, Esq., of Alma, and Brenda Stallings, Esq., of Little Rock are hereby appointed to our Committee on Model Jury Instructions - Criminal for three-year terms to expire on February 28, 2005. Scott Hickam, Esq., of Hot Springs is reappointed to the Committee for a three-year term to expire on February 28, 2005. Judge John Cole is designated the Chair of the Committee. Additionally, we are designating Professor Scott Stafford of the University of Arkansas Law School at Little Rock as the Reporter for the Committee.

The Court thanks Judge Langston, Mr. Jegley, Mr. Baker, and Ms. Stallings for accepting appointment to this important Committee and Mr. Hickam for accepting reappointment.

The Court expresses its gratitude to Dale Adams, Larry Carpenter, Lea Ellen Fowler, and Leslie Middleton, whose terms have expired, for their years of service on the Committee.

PETITIONS FOR REHEARING:

CR01-364. Kenneth D. Williams v. State of Arkansas, from Lincoln Circuit.

CR01-703. Leslie E. Price v. State of Arkansas, from Garland Circuit.

*****************************

PETITIONS FOR REVIEW:

CRO1-1414. Obie Willis v. State of Arkansas, from Pulaski Circuit, Sixth Division.

02-99. George M. Stokes v. Delta Production Credit Association, from Chicot Circuit.

02-181. Tri-County Farmers, Inc. et al. v. Emmitt Larry et ux., from Lee Circuit.

02-183. Lawyers Surety Corporation v. George Flowers, from Faulkner Circuit.

*****************************

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Motion to withdraw as counsel.

CR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for extension of time for return of writ.

CR01-1398. Anthony Carniglia v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.

CR02-235. Bobby Ray Rhine v. Honorable David S. Clinger, Judge, from Benton Circuit. Petition for writ of mandamus.

01-283. Ramona Moix-McNutt v. Robert J. Brown, from Pulaski Circuit, Second Division. Appellant's motion to file belated writ.

01-380. Lea Ann Linder et al. v. Bill Linder et al., from Sebastian Chancery, Fort Smith District. Appellees' motion to dismiss the notice of appeal of Lea Ann Linder of September 25, 1998, and to strike points I and II(A) of appellant's brief.

01-820. Wendy A. Collins v. Excel Specialty Products et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs.

01-1356. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District. Appellants' motion for stay of trial court proceedings pending interlocutory appeal.

01-1361. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District. Appellant's motion for stay of trial court proceedings pending interlocutory appeal.

01-1371. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District. Appellants' motion for stay of lower court proceedings pending interlocutory appeal.

01-1373. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District. Appellants' motion for stay of trial court proceedings pending interlocutory appeal.

01-1374. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District. Appellant's motion for stay of trial court proceedings pending interlocutory appeal.

01-1376. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District. Appellants' motion for stay of trial court proceedings pending interlocutory appeal.

01-1377. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District. Appellants' motion for stay of trial court proceedings pending interlocutory appeal.

02-80. Richard W. Roachell v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct. Appellant's motion to dismiss appeal.

01-380. Lea Ann Linder et al. v. Bill Linder et al., from Sebastian Chancery, Fort Smith District. Argued orally.

CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit.

CR01-847. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division.

01-1089. Juan Gomez et al. v. ITT Educational Services, Inc., from Pulaski Circuit, Second Division.

01-1155. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery.

02-162. Three Sisters Petroleum, Inc. et al. v. Honorable David F. Guthrie, Judge, from Union Circuit.