Doe v. Baum (Thornton, J.) 01-1159

Schools & school districts -- Appellee ADE was not required to provide coverage for alleged negligent acts of employees; trial court properly concluded that Ark. Code Ann. § 6-17-1113 (Repl. 1999) did not provide coverage; where appellant's claim regarding motor vehicle liability issue remained subject of future litigation parties could still proceed under exception to immunity statute; Ark. Code Ann. § 6-19-105 repealed by implication; entire subject matter of Ark. Code Ann. § 6-19-105 covered in Ark. Code Ann. § 21-9-301; trial court's finding that statute had been repealed by implication affirmed; evidence uncontroverted that child did not try to get help from anyone on bus; appellee bus driver's conduct did not rise to level of gross negligence or reckless indifference. [HTML, WP5.1]

Gooden v. State (Per Curiam) CR00-845

Contempt -- Master appointed. [HTML, WP5.1]

Looney v. State (Per Curiam) CR01-1308

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Ray v. State (Per Curiam) CR02-317

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Ridling v. State (Glaze, J.) CR01-934

Evidence -- Appellant was charged with rape of girl less than fourteen years old; trial court permitted appellant to effectively cross-examine victim on statements relating to credibility; appellant properly prohibited from confusing jury by going into collateral matters; evidence of victim's other sexual encounters irrelevant to determination of whether she had sex with appellant before age of fourteen; trial court did not abuse discretion in excluding; right to confrontation not violated; appellant's voluntary absence from hearing did not result in prejudice. [HTML, WP5.1]

Robinson v. State (Hannah, J.) CR01-351

Motions -- Directed verdict; insufficiency issue could not be considered where renewal motion was untimely; law of case; appellants' attempt to reargue new-trial issue was improper because it had been addressed in first appeal; cumulative error; supreme court does not recognize doctrine where there is no error to accumulate; criminal procedure; Doyle rule; no issue for appeal in two instances where post-arrest silence was raised; trial court's failure to give limiting instruction did not rise to reversible error. [HTML, WP5.1]

Scott v. State (Per Curiam) CR01-1052

Appeal & error -- Motion to withdraw as counsel granted; counsel appointed. [HTML, WP5.1]

Smith v. Rogers Group, Inc. (Corbin, J.) 01-1028

Immunity -- Acquired immunity; appellee contractor entitled to rely on defense where contract performed in full compliance with specification; appellee contractor was not negligent in performance of contract with AHTD by failing to warn about errors in specifications; immunity from suit does not extend to independent contractors working for state; direct-action statute not applicable where contractor was not negligent. [HTML, WP5.1]

Spencer v. State (Glaze, J.) CR01-619

Evidence -- Charge involving unnatural sex acts; testimony showed appellant's proclivity toward incestuous sexual contact with children & demonstrated that appellant's depraved sexual instinct was not substantially outweighed by danger of unfair prejudice; trial court did not abuse discretion in admitting testimony; testimony of five-year-old victim constituted substantial evidence to support conviction; additional evidence supported conviction; any error that may have been committed by allowing introduction of cousin's testimony rendered harmless. [HTML, WP5.1]

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

Jury -- Instructions; rebuttable presumption that model instruction is correct statement of law; argument not addressed where issue not raised below. (Note: The original opinion is reported at 347 Ark. 913; due to a change in contract printers, the supplemental opinion appears in Volume 348.) [HTML, WP5.1]

In Re: Regulations of the Board of Certified Court Reporter Examiners, Section 13 (Per Curiam) [HTML, WP5.1]

In Re: Client Security Fund Committee (Per Curiam) [HTML, WP5.1]

Brady v. State, CR 00-929 (Per Curiam), rebriefing ordered April 18, 2002. [HTML, WP5.1]

Buchheit v. State, 01-915 (Per Curiam), Petition for Rehearing denied April 18, 2002. [HTML, WP5.1]

Edwards v. State, CR 01-1396 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Belated Appeal of Judgment denied April 18, 2002. [HTML, WP5.1]

Hall v. State, CR 01-917 (Per Curiam), Pro Se Motions to Relieve Counsel and Appoint Other Counsel and to Strike Brief denied; Motion for Extension of Time to File Pro Se Points for Reversal granted April 18, 2002. [HTML, WP5.1]

Hunt v. State, CR 01-1257 (Per Curiam), affirmed April 18, 2002. [HTML, WP5.1]

Lamere v. State, CR 02-155 (Per Curiam), Pro Se Petition for Writ of Certiorari to Complete the Record; treated as motion to supplement record with transcript lodged on direct appeal and granted in part and declared moot in part April 18, 2002. [HTML, WP5.1]

Page v. State, CR 02-204 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied April 18, 2002. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-619. Darrell G. Spencer v. State of Arkansas, from Grant Circuit. Affirmed. Imber, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

CR01-934. Danny Ridling v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (18 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-1028. Denise Smith, Individually, and as Natural Mother and Guardian of Jessica Moody, a Minor, and Deidre Moody, a Minor; Jo Ann Cross, Individually, and as Administratrix of the Estate of Cauley Shane Coffey, Deceased; Jeannie Bright Love, Individually, and as Administratrix of the Estates of Amy M. Bright, Deceased, and Emile Bright, Deceased; Stacey Jackson Montgomery, Individually, and as Administratrix of the Estate of Michael Jackson, Deceased, and as Natural Mother and Guardian of Erica Jackson, a Minor; and Tom M. Young, Administrator of the Estate of Vira A. Young, Deceased v. Rogers Group, Inc.; John Doe 1 through 5; Hartford Fire Insurance Company; and National Union Fire Insurance Company and James Evans v. Rogers Group, Inc.; John Doe 1 through 5; Marilyn K. Loftin, Administratrix of the Estate of Heath Loftin, Deceased; Hartford Fire Insurance Company; and National Union Fire Insurance Company, from Faulkner Circuit, Fourth Division. Affirmed. Glaze, J., not participating. (18 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

01-1159. John Doe, Jane Doe, and Mary Doe v. Clyde Baum, Fountain Lake School District, Arkansas School Boards Association, and Arkansas Department of Education, from Garland Circuit. Affirmed. Glaze and Imber, JJ., not participating. (20 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-351. Terrance Robinson and Tamagum Antonio Robinson v. State of Arkansas, from Crittenden Circuit. Circuit Court Affirmed; Court of Appeals Affirmed. Brown and Imber, JJ., concur. (21 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR01-1257. Kenneth Hunt v. State of Arkansas, from Lee Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR01-762. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division. See supplemental opinion this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

01-915. Keith Aaron Buchheit v. State of Arkansas, from Jefferson Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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REVIEW GRANTED: Petition for review was granted today in the following case.

CR02-274. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit.

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

CR02-227. Carl Cook v. State of Arkansas, from Pope Circuit.

CR02-292. Donnie Ray Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District.

02-257. Betty Gerrald v. Douglas Tobacco Products, Inc. et al., from Workers' Compensation Commission.

02-288. Lloyd Vickroy v. Brad Schaufler, from Fulton Circuit.

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CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. Motion of Jeanne E. Richards to withdraw as counsel is granted; counsel appointed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1308. Warren Looney v. State of Arkansas, from Independence Circuit. Motion for rule on clerk granted; petition for writ of certiorari granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Master appointed. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Motion to withdraw as counsel. Moot. Corbin, J., not participating.

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Motion for extension of time to file brief and for Justice Corbin to recuse. Moot. Corbin, J., not participating.

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Motion to appoint Charles Duell as attorney of record and for ninety day extension to file brief is granted. Corbin, J., not participating.

CR01-1295. Bryant M. Flores v. State of Arkansas, from Garland Circuit. Appellee's motion to release exhibits. Granted upon substitution of copies.

CR02-317. Timothy Alan Ray v. State of Arkansas, from Lonoke Circuit. Motion for rule on the clerk is granted. See per curiam this date. (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. Appellees' motion to file supplemental briefs is denied.

01-1355. Tay-Tay, Inc. et al.0 v. Brandon Young et al., from Craighead Circuit, Western District. Appellants' motion to accept reply brief as tendered. Reply brief accepted, strike supplemental addendum. Glaze, J., not participating.

01-1356. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District. Appellants' motion to accept reply brief as tendered. Reply brief accepted, strike supplemental addendum. Glaze, J., not participating.

01-1361. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District. Appellant's motion to accept reply brief as tendered. Reply brief accepted, strike supplemental addendum. Glaze, J., not participating.

01-1371. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District. Appellants' motion to accept reply brief as tendered. Reply brief accepted, strike supplemental addendum. Glaze, J., not participating.

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

02-305. Hattie E. Crutchfield v. Greg Roussie et al., from Pulaski Circuit, Second Division. Motion for rule on the clerk is denied.

CR00-929. Orange Edward Brady v. State of Arkansas, from Drew Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-917. Joe Hall, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motions to relieve counsel and appoint other counsel and to strike brief denied; motion for extension of time to file pro se points for reversal granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1396. Michael Deshawn Edwards v. State of Arkansas, from Columbia Circuit. Pro se motion for reconsideration of motion for belated appeal of judgment. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-155. Fred Michael Lamere v. State of Arkansas, from Saline Circuit. Pro se petition for writ of certiorari to complete the record. Petition treated as motion to supplement record with transcript lodged on direct appeal and granted in part and declared moot in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-204. Jessie D. Page v. State of Arkansas, from Greene Circuit. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Regulations of the Board of Certified Court Reporter Examiners, Section 13. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Client Security Fund Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Court is informed that Othello C. Cross has tendered his resignation from the Client Security Fund Committee effective April 18, 2002.

We hereby appoint Ernest E. Brown, Jr., to replace Mr. Cross effective April 18, 2002. Mr. Brown will serve the remainder of Mr. Cross's term, which concludes July 31, 2002. The Court thanks Mr. Brown for accepting this appointment.

The Court wishes to express its gratitude to Mr. Cross for his faithful service to this Court.

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR02-316. Frank Summons v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR02-329. Denaro Shatour Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division.

02-276. Dale Davis v. Lane Amos Concrete Construction, from Workers' Compensation Commission.

02-277. Wal-Mart Stores, Inc. et al. v. Theretha Holmes, from Workers' Compensation Commission.

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

CR01-1061. Robert Wayne Grady v. State of Arkansas, from Perry Circuit. Appellant's motion for extension of brief time.

CR02-325. William Keith McDaniel v. State of Arkansas, from Cross Circuit. Motion for rule on the clerk.

CR02-335. Timothy Wayne Hardin v. State of Arkansas, from Pulaski Circuit, First Division. Motion for rule on the clerk or belated appeal.

CR02-345. Darrell Meredith v. Honorable John Dan Kemp, Judge, from Fulton Circuit. Petition for writ of prohibition.

CR02-358. Michael Jackson, Jr. v. State of Arkansas, from Clark Circuit. Motion to proceed in forma pauperis on appeal.

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

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor, et al., from Pulaski Chancery, Second Division. Motion of the City of Little Rock, Arkansas, to file an amicus curiae brief.

01-1307. William Jackson Butt, II et al. v. The Evans Law Firm et al., from Washington Circuit. Appellants' motion to file enlarged brief.

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Argued orally.

CR00-635. Romey Luther Miles v. State of Arkansas, from Lonoke Circuit.

CR01-1065. Kenneth Hawkins v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR01-1278. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division.

01-251. Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Running M. Farms, Inc. et al., from Lafayette Circuit.

01-861. Robert White v. Jim Perry et al., from Sebastian Circuit, Greenwood District.