Booth v. Booth (Per Curiam) 02-165

Appeal & error -- Petition for review denied; case remanded for consideration of issue appellate court failed to address. [HTML, WP5.1]

Box v. State (Hannah, J.) CR01-698

Criminal procedure -- Defendant tried in prison garb; prejudice attached when potential jurors saw appellant before pretrial proceedings began; appellant did not waive right to appear in civilian clothing; matter reversed & remanded for new trial where trial court erred in finding appellant had waived right to be tried in civilian clothing. [HTML, WP5.1]

Gomez v. ITT Educ. Servs., Inc. (Glaze, J.) 01-1089

Conflicts of law -- Action will not be entertained in another state if it is barred in state of otherwise applicable law by statute of limitations that bars right & not merely remedy; Texas's wrongful-death statute of limitations barred right & not merely remedy; trial court did not err in determining that Texas law should apply to bar appellant's action; choice-influencing approach adopted; cases applying lex loci delicti rule not overruled; grant of summary judgment affirmed. [HTML, WP5.1]

Harshaw v. State (Arnold, C.J.) CR01-847

Criminal law -- Jury could infer that appellant knowingly killed victim with extreme indifference to value of human life; second-degree murder; supreme court declined to overturn conviction & sentence; trial court's order denying appellant's directed-verdict motion affirmed. [HTML, WP5.1]

Hoay v. State (Brown, J.) CR01-1108

Criminal procedure -- Vehicular stop; no error by officer in making; order denying suppression reversed; matter remanded for second suppression hearing. [HTML, WP5.1]

Holloway v. Arkansas State Bd. of Architects (Thornton, J.) 01-994

Appeal & error -- Appellant's challenge to trial court's order extending time for filing ineffective; motion not made before record lodged with clerk; determination of court of appeals dismissing appeal reversed; case returned to court of appeals for consideration on merits. [HTML, WP5.1]

Rodgers v. State (Thornton, J.) CR02-029

Criminal law -- Trial judge customarily imposed sentence recommended by jury without exercising his discretion; reversed & remanded for resentencing. [HTML, WP5.1]

Whitaker v. State (Brown, J.) CR01-1044

Criminal procedure -- Right to remain silent clearly articulated by appellant; trial court clearly erred in refusing to suppress custodial statement; reversed & remanded. [HTML, WP5.1]

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

CR01-847. Makybe Shinda Harshaw v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-1089. Juan Gomez, Individually and On Behalf of the Estate of Herminia Espinoza Gomez, Deceased, and Juan Castorena, Jesus Castorena, Valentin Castorena, and Gilberto Castorena v. ITT Educational Services, Inc., d/b/a ITT Technical Institute, from Pulaski Chancery, Second Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR01-1044. Sharon Whitaker v. State of Arkansas, from Polk Circuit. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1108. James Hoay v. State of Arkansas, from Clay Circuit. Reversed and Remanded. Court of Appeals Affirmed as Modified. Arnold, C.J., Corbin and Hannah, JJ., dissent. (8 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-29. Eddie Rodgers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Court of Appeals Reversed; Circuit Court Reversed; Remanded for Resentencing. Corbin, Imber, and Hannah, JJ., dissent. (7 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-994. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division. Court of Appeals Reversed and Reassigned For Further Consideration. Glaze, J., concurs. Corbin, J., not participating. (6 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-698. Terrence D. Box v. State of Arkansas, from Desha Circuit. Circuit Court Reversed and Remanded. Court of Appeals Affirmed in Part and Reversed in Part. Special Justice Michelle C. Huff joins. Arnold, C.J., Glaze, and Corbin, JJ., dissent. Imber, J., not participating. (13 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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

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

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

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

CR01-1414. Obie Willis v. State of Arkansas, from Pulaski Circuit, Sixth Division.

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

02-165. Wes Booth v. Suzanne P. Booth, from Union Chancery. Remanded to the Court of Appeals for limited further review. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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.

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CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Roy C. Lewellen show cause is dismissed.

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

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

CR01-1398. Anthony Carniglia v. State of Arkanas, from Garland Circuit. Appellant's pro se motion to file belated brief is denied.

CR02-235. Bobby Ray Rhine v. Honorable David S. Clinger, Judge, from Benton Circuit. Petition for writ of mandamus is denied without prejudice.

01-283. Ramona Moix-McNutt v. Robert J. Brown, from Pulaski Circuit, Second Division. Appellant's motion to file belated writ is granted until April 15, 2002, to include order of December 21, 2001 in the record.

01-696. Rose Turnbough v. Mammoth Spring School District #2, from Fulton Circuit. Appellee's motion to continue and reschedule oral argument is granted.

01-820. Wendy A. Collins v. Excel Specialty Products et al., from Workers' Compensation Commission. Appellant's motion for attorney's fees and costs. Granted $500.00 on appeal to the Court of Appeals; $500.00 on appeal to the Supreme Court.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted. Glaze, J., not participating.

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 is granted.

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Motion for continuance is granted until April 11, 2002. (Proceedings of April 1, 2002).

02-283. Dan Ivy v. Honorable Tom J. Keith, Judge, from Benton Circuit. Petitioner's motion to expedite appeal and to stay the trial court's judgment is granted. Clerk to set briefing schedule. (Proceedings of March 27, 2002).

PETITIONS FOR REHEARING:

CR00-1475. David Griffen v. State of Arkansas, from Craighead Circuit, Western District.

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

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

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

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PETITION FOR REVIEW:

02-209. Poinsett County Sheriff's Department et al. v. Edward O'Brien, from Workers' Compensation Commission.

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

CR00-1275. William Eugene Langley v. State of Arkansas, from Crawford Circuit. Appellant's motion to submit brief under new Supreme Court Rule 4-2.

CR01-277. Vera Ann Arnold v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to expedite and for other relief.

CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to stay briefing schedule.

CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. Motion of Jeanne E. Richards to withdraw as counsel.

CR01-1271. State of Arkansas v. Eugene Hulum, from Pulaski Circuit, First Division. Appellant's motion to waive compliance with Arkansas Supreme Court Rule 4-2(a) (5) as to a videotape.

CR01-1308. Warren Looney v. State of Arkansas, from Independence Circuit. Petition for writ of certiorari to complete the record.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division. Appellee's motion to file an enlarged brief.

01-1408. Sharlett Craig v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Appellees' motion to dismiss appeal.

01-1435. Southern Farm Bureau Casualty Insurance Company v. Overtus Brinker, from St. Francis Circuit. Appellee's motion for fees and costs on appeal.

02-115. Joe Whisenhunt et al. v. First State Bank of Conway, from Faulkner Circuit. Motion of Arkansas Realtors Association to file amicus curiae brief.

02-249. KPMG LLP v. Honorable Philip B. Purifoy, Judge, from Miller Circuit. Petition for writ of certiorari.

02-259. Baptist Health et al. v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion to stay the proceedings below.

02-259. Baptist Health et al. v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari.

02-259. Baptist Health et al. v. Honorable David Bogard, Judge, from Pulaski Circuit, Sixth Division. Petitioners' motion to supplement the record.

02-294. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division. Appellee's motion for extension of time to file response to petition for review.

CACR01-262. Steven Sanders v. State of Arkansas, from Newton Circuit. Appellant's motion for stay of mandate in order to petition for writ of certiorari.

CA01-1228. Gale Hussman Arnold v. Camden News Publishing Company et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to certify appeal to the Arkansas Supreme Court.

01-403. Wal-Mart Stores, Inc. v. David Clark, from Benton Circuit. Argued orally.

CR01-910. Alex Ware v. State of Arkansas, from St. Francis Circuit.

CR01-934. Danny Ridling v. State of Arkansas, from Pulaski Circuit, First Division.

01-661. D'Arbonne Construction Company, Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit.

01-828. Stephen B. Williamson, M.D. v. Steven Craig Elrod, from Pulaski Circuit, Fifth Division.

01-1021. Arkansas Department of Human Services v. Joyce Cox, from Greene Probate.