Bonds v. Carter (Glaze, J.) 01-943

Oil, gas & minerals -- Appellee's timber deed on record prior to appellant's receipt of warranty deed; appellant had constructive notice of appellee's deed; adverse possession of land does not defeat separate interest in mineral estate; statute of limitations can only be asserted against owner of mineral rights if owner of surface estate takes actual possession; mineral & timber rights not necessarily identical; appellant failed to actively assert her interest in timber until she filed suit; suit was insufficient to claim adverse possession in property. [HTML, WP5.1]

Clark v. State (Per Curiam) 02-430

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

Jenkins v. State (Imber, J.) CR01-81

Criminal procedure -- Sufficient other proof existed that murder occurred; mandate of corpus delicti rule complied with; circumstances of death clear; evidence sufficient from which jury could have to inferred premeditated & deliberate intent; capital-murder conviction sustained; postconviction relief; trial court's denial of appellant's ineffective-assistance-of-counsel claims affirmed; trial court's determination not clearly erroneous; waiver knowingly & intelligently made; appellant's charges filed in circuit court; appellant had no right to have mother present; later objected-to reference was cumulative; trial court properly denied motion for mistrial. [HTML, WP5.1]

Jones v. State (Corbin, J.) CR01-1095

Criminal law -- Rape; proof more than sufficient; crime of rape within marriage recognized in Arkansas; evidence of victim's previous sexual acts found relevant to issue of consent; trial court's ruling not abuse of discretion; custodial statement after legal arrest not fruit of poisonous tree; denial of motion to suppress affirmed. [HTML, WP5.1]

Kemp v. State (Thornton, J.) CR00-482

Attorney & client -- Trial counsel's failure to investigate ownership of gun found at crime scene did not constitute ineffective assistance of counsel; four murders clearly result of single scheme or plan; severance of offenses not proper; issues raised by appellant already considered on direct appeal; issues not cognizable under Rule 37; utilization of victim-impact evidence in sentencing phases of appellant's first two trials was not so unduly prejudicial that it rendered trial fundamentally unfair in violation of due process clause; previous holding stands; territorial jurisdiction in circuit court previously found to be proper; supreme court declined request to overturn its holding that venue was proper in circuit court. [HTML, WP5.1]

Laird v. Shelnut (Corbin, J.) 01-1155

Judgment -- Summary judgment; transcript of deposition taken in unrelated case is admissible in summary-judgment proceeding involving different parties; appellant was party to probate proceeding; no merit to argument that transcript could not be used because present action involved different parties; supporting documents for summary judgment need not be attached to motion in order to become part of record; evidence clearly supported chancellor finding; summary judgment properly granted. [HTML, WP5.1]

State v. Sullivan (Brown, J.) CR99-1140

Appeal & error -- Appeal by State; appeal dismissed where it did not involve correct & uniform administration of law. [HTML, WP5.1]

State v. Williams (Arnold, C.J.) CR01-1195

Arrest -- Pretextural arrest; trial court's findings & decision to suppress evidence not clearly against preponderance of evidence. [HTML, WP5.1]

Stone v. State (Brown, J.) CR01-1239

Criminal law -- Manufacture of controlled substance; sufficiency argument without merit where personal-use exception inapplicable; police officer' sentry into home was illegal; neither time nor intervening events dissipated taint of officer's illegal entry into appellant's home; methamphetamine & meth manufacturing products suppressed. [HTML, WP5.1]

Strom v. State (Glaze, J.) CR01-933

Appeal & error -- Trial court found attorney's testimony that appellant did not want to appeal more credible; court's conclusion supported by transcript of proceedings; attorney acted reasonably under circumstances & did not render ineffective assistance; law-of-the-case doctrine inapplicable; subsequent proceedings differed from prior appellate proceedings. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Lee (Imber, J.) 01-403

Evidence -- Consent to search; substantial evidence supported jury's decision that appellant's written consent was not freely given; substantial evidence supported jury's conclusion that appellee did not tacitly consent to search; substantial evidence supported jury conclusion that appellant published false & defamatory statements about appellee where it was foreseeable they would be received by third party; substantial evidence supported jury's conclusion that appellant exceeded scope of qualified privilege; substantial evidence supported jury's finding that damages suffered by appellee were proximately caused by appellant's publication of defamatory statements; evidence was clear & convincing evidence that appellant created publicity that placed appellant in false light; evidence was clear & convincing that appellant had knowledge of or acted in reckless disregard as to falsity of publicized matter & false light in which appellee would be placed; compensatory & punitive damages award must stand where supreme court affirmed jury's verdict on at least one cause of action. [HTML, WP5.1]

White v. Perry (Brown, J.) 01-861

Civil procedure -- Nonsuit; trial court erred in not granting appellant's motion for nonsuit without prejudice; defense of res judicata could not thwart appellant's absolute right; order dismissing complaint reversed & remanded with directions to enter order granting nonsuit. [HTML, WP5.1]

Williams v. City of Fayetteville (Hannah, J.) 01-211

Municipal corporations -- Ballot measure clearly request for authorization to issue bonds; ordinance complied with Amendment 62; bond measure authorized city to issue bonds & did not bind it to bond amount as total sum that could be spent for construction; appellants failed to meet burden of proof in claim of illegal exaction; financing improvement of municipal services could exclude capital improvements. [HTML, WP5.1]

White v. Priest (Per Curiam) 02-284

Attorney & client -- Attorney's disrespectful language toward court & refusal to recognize & adhere to precedent; inexcusable breach of obligation of professional conduct; matter referred to Professional Conduct Committee. [HTML, WP5.1] Supplemental opinion on recusal delivered May 23, 2002.

Eckler v. State, CR 02-69 (Per Curiam), Pro Se Motion for Appointment of Counsel moot; appeal dismissed May 16, 2002. [HTML, WP5.1]

Emery v. State, CR 02-282 (Per Curiam), Pro Se Petition for Writ of Certiorari dismissed May 16, 2002. [HTML, WP5.1]

Marquez v. State, CR 01-1431 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment remanded May 16, 2002. [HTML, WP5.1]

Reeves v. State, CR 02-125 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted May 16, 2002. [HTML, WP5.1]

Troub v. State, CR 02-361 (Per Curiam), Pro Se Petition for Writ of Certiorari denied May 16, 2002. [HTML, WP5.1]

Washington v. State, CA CR 98-728 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Belated Petition for Postconviction Relief Pursuant to Criminal Procedure Rule 37 dismissed May 16, 2002. [HTML, WP5.1]

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

CR01-1195. State of Arkansas v. Wendi Carol Williams, from Sebastian Circuit, Fort Smith District. Appeal Dismissed. Glaze, Corbin, and Imber, JJ., dissent. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-933. Elizabeth Strom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed; Appellant's Motion For Belated Appeal Denied. Imber, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

01-943. Bobbye Farrar Bonds v. Barry Carter, from Columbia Chancery. Affirmed. Arnold, C.J., Corbin, and Hannah, JJ., concur. Thornton, J., dissents. (11 PAGES + 3-PAGE CONCURRENCE +10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-1095. Lloyd C. Jones v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. Imber, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

01-1155. Melba Laird, Max Laird, Individually and in Their Capacities as Respective Trustees for the Melba Laird Living Trust and Max Laird Living Trust as Maintained by Stephens, Inc. v. Sandra Shelnut, Executrix of the Estate of Don McMann, Deceased, from Saline Chancery. Affirmed. Glaze, Brown, and Imber, JJ., dissent. (12 PAGES + 3-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Affirmed. Glaze and Imber, JJ., dissent. (12 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR01-1239. Lloyd Stone, Jr. v. State of Arkansas, from Garland Circuit. Reversed and Remanded. (14 PAGES PUBLISHED) [HTML, WP5.1]

01-861. Robert White v. Jim Perry, David Hudson, Frank Atkinson, and Marcy Porter, in Their Official Capacities as Assessor, County Judge, Collector, and Treasurer for Sebastian County, Arkansas; County of Sebastian, Arkansas; Charlie Daniels, in His Official Capacity as Arkansas Land Commissioner; and Jimmie Lou Fisher, Arkansas State Treasurer; Greenwood School Distict; Hackett School District; Hartford School District; Lavaca School District; Charleston School District; Mansfield School District; Booneville School District; Westark Community College; City of Barling, Arkansas, City of Greenwood, Arkansas, from Sebastian Circuit, Greenwood District. Reversed and Remanded. Glaze, J., concurs. Imber, J., not participating. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (19 PAGES PUBLISHED) [HTML, WP5.1]

01-403. Wal-Mart Stores, Inc. v. Andy Lee, Benton County Sheriff and David Clark, from Benton Circuit. Affirmed. Thornton, J., dissents. Corbin, J., not participating. (41 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR00-482. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (17 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-211. George Williams and Dorothy Cox v. City of Fayetteville, Arkansas; Advertising and Promotion Commission of the City of Fayetteville, Arkansas; Bekka Development Co.; Nabholz Construction Corporation; and Wittenberg, Delony & Davidson, Inc., from Washington Chancery. Affirmed. Corbin, Brown, and Imber, JJ., concur. (10 PAGES + 4-PAGE CONCURRENCE + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

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

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

CR01-1108. James Hoay v. State of Arkansas, from Clay Circuit, Western District.

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

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

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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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 is denied.

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. Granted 60 days.

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

02-403. Marsha Sledge et al. v. Arkansas Game & Fish Commission, from Pulaski Circuit, Second Division. Appellees' motion and supplemental motion to dismiss appeal is granted. See Murphy v. Dumas, 343 Ark. 608; Robert Holloway v. Arkansas State Board of Architects, 01-994 (April 4, 2002). Arnold, C.J., Corbin and Hannah, JJ., would deny.

02-430. Jeremiah Clark v. State of Arkansas, from Ashley Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-431. In Re: Arkansas Bar Association, an Original Action. Petition for adoption of Arkansas Professional Practicum. Referred to CLE Board, Board of Law Examiners, Professional Conduct Committee.

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 is denied.

CR02-463. Kirk Bloomfield v. State of Arkansas, from Sharp Circuit. Petiton for writ of prohibition is denied.

CR02-463. Kirk Bloomfield v. State of Arkansas, from Sharp Circuit. Motion to expedite is granted.

02-471. In Re: Randall Wayne Dixon (Arkansas Bar ID No. 83052). Petition for surrender of license. Granted.

CACR98-728. Terrence Washington a/k/a Terrance Washington v. State of Arkansas, from Crittenden Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a belated petition for postconviction relief pursuant to Criminal Procedure Rule 37. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1431. Martin Vera Marquez v. State of Arkansas, from Yell Circuit, Southern District. Pro se motion for belated appeal of judgment. Remanded. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-69. Jamie Eckler v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of counsel. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-125. Michael S. Reeves v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-282. Paul Emery v. State of Arkansas, from Jackson Circuit. Pro se petition for writ of certiorari. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-361. John Troub v. State of Arkansas, from Pope Circuit. Pro se petition for writ of certiorari. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-1061. Robert Wayne Grady v. State of Arkansas, from Perry Circuit. Scott Adams is ordered to appear and show cause today at 9:00 a.m.

CR01-784. Dyrea Mosby v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellee's motion to file belated brief.

CR01-1135. Anthony Tyrone Matthews v. State of Arkansas, from Jackson Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-2(a)(6) and 4-3(h).

CR02-173. Everett Leon Stout v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CR02-274. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file supplemental brief.

CR02-329. Denaro Shatur Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file supplemental brief.

CR02-329. Denaro Shatur Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to file supplemental brief.

CR02-444. Tony Bonham, Jr. v. State of Arkansas, from Poinsett Circuit. Petition for writ of certiorari to complete the record.

01-456. Ron Davenport et ux. v. Tyrone Lee, M.D. et al., from Faulkner Circuit. Appellants' motion to stay mandate, or motion to recall the mandate.

01-456. Ron Davenport et ux. v. Tyrone Lee, M.D. et al., from Faulkner Circuit. Appellants' motion to file petition for rehearing.

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

01-815. Larry Jegley v. Elena Picado et al., from Pulaski Circuit, Sixth Division. Motion of Susan L. Sommer for leave to practice by comity.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellees' motion for extension time to prepare new abstract.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Appellants' motion for sanctions and for summary dismissal.

01-1185. Teresa Ballard et al. v. Westark Financial Consultants of Little Rock, Inc. et al., from Craighead Circuit, Western District. Appellants' motion to allow submission of addendum with reply brief.

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Appellee's motion to strike appellant's substituted abstract and brief, and motion to dismiss appeal.

01-916. Arkansas Blue Cross and Blue Shield v. Ollie Hicks, from Monroe Chancery. Argued orally.

01-893. Milton Harold Jackson et ux. v. Mundaca Financial Services, Inc., from Pulaski Chancery, Second Division.

01-1218. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit.

01-1237. Sharp County Sheriff's Department v. Ozark Acres Improvement District et al., from Workers' Compensation Commission.

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division.

01-1294. USA Check Cashers of Little Rock, Inc. v. Carolyn Island et al., from Pulaski Circuit, Third Division.