Bailey v. State (Corbin, J.) 01-1097

Courts -- Jurisdiction; trial court lacked authority to commit appellant to juvenile detention facility & later make any disposition it could have imposed at time appellant was placed on probation; matter reversed& dismissed where trial court was without jurisdiction to enter amended order revoking appellant's probation. [HTML, WP5.1]

Cash In A Flash Check Advance of Ark. v. Spencer (Arnold, C.J.) 01-1210

Arbitration -- Agreement lacked of mutuality; appellees could not receive relief; agreement lacked mutuality & could not stand. [HTML, WP5.1]

Clayborn v. Bankers Standard Ins. Co. (Thornton, J.) 01-1225

Action -- Direct-action statute inapplicable; appellee's insured never shown to be immune from suit in tort; no allegation that nonprofit corporation was charitable organization; trial court properly determined that Ark. Code Ann. § 23-79-210 was inapplicable; charitable organizations are not altogether immune from suit. [HTML, WP5.1]

Hamilton v. State (Brown, J.) CR01-391

Evidence -- Diagram of assistance to jury & of neutral evidentiary value; trial court did not abuse discretion in admitting it into evidence; admission of videotape not abuse of discretion; reference to prior conviction not induced by prosecutor & trial court offered to give cautionary instruction; denial of motion for mistrial not abuse of discretion. [HTML, WP5.1]

Howard v. State (Arnold, C.J.) CR00-803

Trial -- Mistrial; denial was not prejudicial & not abuse of discretion; closing argument; prosecutorial comment did not refer to failure to testify; motion to dismiss; trial court did not abuse discretion in denying motion; motion to suppress; decision to deny was within trial court's sound discretion; closing argument; prosecutorial remark was fair inference from evidence; State-purchased demonstrative evidence; admission not abuse of discretion. [HTML, WP5.1]

Luebbers v. Advance Am., Cash Advance Ctrs. of Ark., Inc. (Hannah, J.) 01-1182

Parties -- Class-action lawsuit; appellants lacked standing; appeal dismissed. [HTML, WP5.1]

McGhee v. State (Per Curiam) CR02-353

Appeal & error -- Motion for belated appeal or motion for rule on clerk; remanded. [HTML, WP5.1]

Miles v. State (Imber, J.) CR00-635

Criminal procedure -- Speedy-trial time; 190 days properly excluded; appellant's right to speedy trial not violated; trial court properly ruled that appellant made knowing and intelligent waiver of Miranda rights. [HTML, WP5.1]

Moix-McNutt v. Brown (Glaze, J.) 01-283

Limitations of actions -- Malpractice; supreme court expressly declined to retroactively change legal malpractice occurrence rule to any other approach; Malpractice action barred by three-year statute of limitations; motion to dismiss properly granted. [HTML, WP5.1]

Oakwood Homes Corp. v. Woodall (Per Curiam) 02-349

Appeal & error -- Motion to stay trial proceedings pending appeal; remanded. [HTML, WP5.1]

Brewer v. Fergus (Hannah, J.) 02-402

Constitutional law -- Amendment 29; office of circuit judge refers to single elective office; neither appellee succeeding himself in position to which he was appointed; person appointed to fill vacancy in one division of judicial circuit who subsequently runs for office in different division of same circuit does not succeed himself in violation of Amendment 29 §2. [HTML, WP5.1]

In Re: State Board of Law Examiners (Per Curiam) [HTML, WP5.1]

Brooks v. Glover, CR 02-367 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 9, 2002. [HTML, WP5.1]

Clay v. State, CR 01-469 (Per Curiam), affirmed May 9, 2002. [HTML, WP5.1]

Douthitt v. State, CR 01-1 (Per Curiam), Petition for Rehearing denied May 9, 2002. [HTML, WP5.1]

Fouse v. State, CR 01-1221 (Per Curiam), affirmed May 9, 2002. [HTML, WP5.1]

Harris v. State, 01-1270 (Per Curiam), affirmed May 9, 2002. [HTML, WP5.1]

Houston v. State, 01-1248 (Per Curiam), affirmed May 9, 2002. [HTML, WP5.1]

Koch v. State, CR 00-1189 (Per Curiam), Petition for Rehearing denied May 9, 2002. [HTML, WP5.1]

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

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Affirmed. Special Justice Mike Kinard joins. Brown, Thornton, and Hannah, JJ., dissent. Corbin, J., not participating. (28 PAGES + 5-PAGE DISSENT + 2-PAGE DISSENT + 22-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-1210. Cash In A Flash Check Advance of Arkansas, L.L.C., Yvonne Clark and Robert E. Blake v. Jimmie Sue Spencer and Dorothy Barnes, Individually and o/b/o A Class of Similarly Situated Persons, from Craighead Circuit, Western District. Affirmed. Glaze, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-283. Ramona Moix-McNutt v. Robert J. Brown, from Pulaski Circuit, Second Division. Affirmed. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-1097. Blake Bailey v. State of Arkansas, from Craighead Circuit, Western District. Reversed and Dismissed. Imber, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR01-391. Deatria Donyell Hamilton v. State of Arkansas, from Ouachita Circuit. Affirmed. Pro se Motion to Add Point to Direct Appeal Denied. Imber, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR00-635. Romey Luther Miles v. State of Arkansas, from Lonoke Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

01-1225. Kathleen A. Clayborn and Meranda F. Clayborn, a Minor v. Bankers Standard Insurance Company, from Johnson Circuit. Affirmed. Imber, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-1182. Crystal Luebbers, Teresa Ballard, Kenisha Bryant, and Cheryl King v. Advance America, Cash Advance Centers of Ark., Inc., from Clark Circuit. Appeal Dismissed. Glaze, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-469. Michael Clay v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1221. Patrick Fouse v. State of Arkansas, from Jackson Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

01-1248. Dwight R. Houston v. State of Arkansas, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

01-1270. Paul Avery Harris v. State of Arkansas, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR00-1189. Mathias George Koch v. State of Arkansas, from Logan Circuit. See supplemental opinion this date. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1. Ralph Douthitt v. State of Arkansas, from Independence Circuit. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

02-313. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Brown and Thornton, JJ., not participating.

02-314. Alltel Arkansas, Inc. et al. v. Arkansas Public Service Commission, from Public Service Commission. Brown and Thornton, JJ., not participating.

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CR02-353. Carl Gene McGhee v. State of Arkansas, from Perry Circuit. Motion for belated appeal or motion for rule on the clerk. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Motions of appellant Oakwood and appellant American Bankers to stay trial proceedings pending appeal. Remanded. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR00-845. Brian Gooden v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file belated brief is granted.

CR01-349. Marlon Donte Howell v. State of Arkansas, from Hempstead Circuit. Appellee's motion to supplement the record and for brief time is granted.

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

CR02-274 & CACR01-1087. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit. Motion of Emanual Ilo to consolidate appeals is denied.

01-298. Mazda Motor Corporation et al. v. The Community Bank, from Lonoke Circuit. Appellants' motion to dismiss appeal is granted.

01-1307. William Jackson Butts, II et al. v. The Evans Law Firm et al, from Washington Circuit. Appellees' motion and appellants' response to motion to dismiss appeal of appellant 3,019 taxpayer class members for lack of standing. Passed until case submitted.

02-403. Marsha Sledge et al. v. Arkansas Game & Fish Commission, from Pulaski Circuit, Second Division. Appellee's request for oral argument is denied.

CR02-367. Rickey C. Brooks v. Honorable Don Glover, Judge, from Bradley Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: State Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Jim Van Dover of Little Rock is appointed to the Board of Law Examiners for the purpose of grading the July, 2002 Bar Examination. Mr. Van Dover replaces Eugene Hunt of Pine Bluff.

The Court thanks Mr. Van Dover for accepting appointment to this Board for the purpose of grading this examination.

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR02-343. Gregory Lamb v. State of Arkansas, from Craighead Circuit, Western District.

CR02-381. Alejandro Gardea v. State of Arkansas, from Pope Circuit.

02-371. Gil Landers et al. v. Ken Jameson, from Pulaski Circuit, Fifth Division.

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CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(h) and to stay brief time.

CR02-312. Louis Edward Richards v. State of Arkansas, from Howard Circuit. Motion of Garnet E. Norwood to be relieved as attorney of record.

01-507. Arkansas Game & Fish Commission et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Appellees' motion for attorney's fees.

02-403. Marsha Sledge et al. v. Arkansas Game & Fish Commission, from Pulaski Circuit, Second Division. Appellees' motion to dismiss appeal.

02-430. Jeremiah Clark v. State of Arkansas, from Ashley Circuit. Motion for rule on the clerk.

02-431. In Re: Arkansas Bar Association, an Original Action. Petition for adoption of Arkansas Professional Practicum.

02-434. In the Matter of Jeremy McNabb, an Original Action. Petition requesting exemption from the requirement of completion of a course in criminal procedure of Rule XV of the rules governing admission to the Bar of this Court.

01-507. Arkansas Game & Fish Commission et al. v. Robert Flannigan, Jr. et al., from Craighead Chancery, Eastern District. Argued orally.

CR00-482. Timothy W. Kemp v. State of Arkansas, from Pulaski Circuit, First Division.

CR01-933. Elizabeth Strom v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR01-1095. Lloyd C. Jones v. State of Arkansas, from Sebastian Circuit, Greenwood District.

CR01-1239. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit.

CR01-1382. Julian Robert Proctor v. State of Arkansas, from Faulkner Circuit.

01-716. D. B. Griffin Warehouse, Inc. v. Margaret Sanders, from Phillips Circuit.

02-402. Roberta Brewer et al. v. Sharon Priest, Secretary of State et al., from Pulaski Circuit, Second Division.