Opinions delivered
May 2, 2002
Burley v. State (Arnold, C.J.) CR01-1240
Evidence -- Other crimes, wrongs, or acts; unsubstantiated allegation did not amount to crime, wrong, or act & should not have been allowed; motive evidence was independently relevant & not unfairly prejudicial; exercise of trial court's discretion affirmed. [HTML, WP5.1]
Grady v. State (Per Curiam) CR01-1061
Contempt -- Show-cause order issued. [HTML, WP5.1]
Harris v. State (Per Curiam) CR02-377
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Monday v. Canal Ins. Co. (Corbin, J.) 01-1038
Insurance -- Term "private passenger automobile liability insurance" construed; legislature's clear intention in Ark. Code Ann. § 23-89-209(Repl. 1999) was clear indication that applicability depends on type of policy being purchased & not on type of vehicle being insured; summary judgment in favor of appellee affirmed where statute was inapplicable to standard commercial truck liability policy. [HTML, WP5.1]
Polk v. State (Hannah, J.) CR01-1278
Criminal law -- Single occupant of borrowed car subject to general inquiry for constructive possession; no inquiry into elements of joint occupancy needed; evidence sufficient to link appellant to drugs and gun; conviction for possession of controlled substance with intent to deliver affirmed. [HTML, WP5.1]
Taylor v. State (Per Curiam) CR02-375
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Troup v. State (Per Curiam) CR02-376
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Ford v. State, CR 02-174 (Per Curiam), Pro Se Motions for Copy of Record and for Appointment of Counsel moot; appeal dismissed May 2, 2002. [HTML, WP5.1]
Medlock v. Holt, CR 02-379 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed May 2, 2002. [HTML, WP5.1]
Ragsdale v. State, CR 01-1399 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted May 2, 2002. [HTML, WP5.1]
Wickliffe v. State, 01-1220 (Per Curiam), Pro Se Motion for Photocopy of Record at Public Expense denied May 2, 2002. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR01-1240. Scharel Ann Burley v. State of Arkansas, from Washington Circuit. Circuit Court Affirmed; Arkansas Court of Appeals Reversed. (13 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
01-1038. Raymond Anthony Monday v. Canal Insurance Company, from Hot Spring Circuit. Affirmed. Imber, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
CR01-1278. Jewell Polk v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Glaze, J., concurs. Imber, J., not participating. (9 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
REVIEWS DENIED: Petitions for review were denied today in the following cases.
02-255. Jerry Lee Stogsdill v. James E. Stogsdill, Jr. et al., from Craighead Chancery, Western District.
02-294. Denise Faucher v. Lon G. Bitzer, from Pulaski Chancery, Fifth Division.
02-299. Pearl V. Pritchett v. Lewis Lumber & Manufacturing Company, from Workers' Compensation Commission.
02-341. Gary R. Crews v. Laura Crews, from Washington Chancery.
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CR01-1061. Robert Wayne Grady v. State of Arkansas, from Perry Circuit. Appellant's motions for extension of brief time. Show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR01-1171. Michael David Scott v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal is granted.
CR02-86. Michael James Scott v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.
CR02-120. Gary Leshawn Haywood v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal. Moot.
CR02-120. Gary Leshawn Haywood v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief is granted.
CR02-375. Eddie A. Taylor v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR02-376. Harold Troup v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR02-377. Danny Harris, Jr. v. State of Arkansas, from Crittenden Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of H.G. Davis to file an amicus curiae brief is denied.
02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellees' motion to supplement the record is granted.
02-88. Peggy Gulledge et al. v. Dick Barclay, Director, Arkansas Department of Finance & Administration et al., from Pulaski Circuit, Seventeenth Division. Appellants' motion to substitute Oscar Stilley as counsel for appellants. Granted. Based on counsel's motion and representations, the clerk will show Jim Wilson dismissed from this appeal, James Pierce withdrawn as counsel and attorney Oscar Stilley noted as present counsel for Peggy Gulledge and Kenneth Harrison.
02-107. M. M. v. State of Arkansas, from Lonoke Circuit. Appellant's motion for anonymity in appellate proceedings is granted.
02-354. Larry Watson v. Cheryl Watson, from Pulaski Circuit, Fourteenth Division. Motion for rule on the clerk is denied.
02-402. Roberta Brewer v. Lee Fergus; Sharon Priest, Secretary of State and Harold D. Baltz v. Phil Smith; Sharon Priest, Secretary of State, from Pulaski Circuit, Second Division. Appellants' motion for expedited hearing is granted.
01-456. Ron Davenport et al. v. Tyrone Lee, M.D. et al., from Faulkner Circuit. Appellants' motion for extension of time to file petition for rehearing is granted. Glaze, J., not participating.
CR01-1399. John P. Ragsdale v. State of Arkansas, from Miller Circuit. Pro se motion for extension of time to file reply brief. Motion for extension of time granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR02-174. Lepolian Ford a/k/a Leopoloian Ford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for copy of record and for appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-379. Victor Medlock v. Honorable Jack Holt, Judge, from Sebastian Circuit, Fort Smith District. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
01-1220. Phillip E. Wickliffe v. State of Arkansas, from Jackson Circuit. Pro se motion for photocopy of record at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
PETITION FOR REHEARING:
CR01-1108. James Hoay v. State of Arkansas, from Clay Circuit, Western District.
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PETITIONS FOR REVIEW:
02-313. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission.
02-314. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission.
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CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief.
CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Appellee's motion to supplement the record and for brief time.
CR01-1249. Obdulio M. Escandon v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for extension of time to return writ.
CR02-274 & CACR01-1087. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit. Motion of Emanual Ilo to consolidate appeals.
01-298. Mazda Motor Corporation et al. v. The Community Bank, from Lonoke Circuit. Appellants' motion to dismiss appeal.
01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellees' motion and supplemental motion to dismiss the appeal of Lake View School District No. 25 et al., for an order designating the state defendants as appellants, and for an order establishing new briefing schedule.
01-1307. William Jackson Butts, II et al. v. The Evans Law Firm et al., from Washington Circuit. Appellees' motion to dismiss appeal of appellant 3,019 taxpayer class members for lack of standing.
01-1307. William Jackson Butts, II et al. v. The Evans Law Firm et al., from Washington Circuit. Appellants' motion for extension of time.
02-403. Marsha Sledge et al. v. Arkansas Game & Fish Commission, from Pulaski Circuit, Second Division. Appellee's request for oral argument.
01-211. George Williams et al. v. City of Fayetteville, Arkansas et al., from Washington Chancery. Argued orally.
CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR01-1195. State of Arkansas v. Wendi Carol Williams, from Sebastian Circuit, Fort Smith District.
01-283. Ramona Moix-McNutt v. Robert J. Brown, from Pulaski Circuit, Second Division.
01-1097. Blake Bailey v. State of Arkansas, from Craighead Circuit, Western District.
01-1123. Grant Harasyn et ux. v. The St. Paul Guardian Insurance Company, from Benton Circuit.
01-1225. Kathleen A. Clayborn et al. v. Bankers Standard Insurance Company, from Johnson Circuit.