Opinions delivered
May 21, 2002
May 23, 2002
Ballard v. Garrett (Per Curiam) 01-1218
Appeal & error -- Appellants failed to comply with Ark. Sup. Ct. R. 4-2; appellants ordered to submit revised or supplemental abstract & addendum containing all relevant pleadings & documents essential to understanding issues on appeal. [HTML, WP5.1]
Cloird v. State (Per Curiam) CR93-284
Criminal procedure -- Petitioner stated possible Brady violation; trial court reinvested with jurisdiction so that petition for writ of error coram nobis limited to particular issues concerning DNA lab report could be filed; ground stated on which writ of habeas corpus could issue; question of where crime occurred required findings of fact; question remanded to trial court for evidentiary hearing. [HTML, WP5.1]
Eason v. Flannigan (Arnold, C.J.) 01-507
Property -- Prima Facie case not made where notice of petition not given record owner; third-party complaint coupled with main complaint likewise dismissed; reversed & dismissed. [HTML, WP5.1]
Grady v. State (Per Curiam) CR01-1061
Contempt -- Counsel's guilty plea for failing to file client's brief prior to final extension date accepted; contempt order issued. [HTML, WP5.1]
Harasyn v. St. Paul Guardian Ins. Co. (Arnold, C.J.) 01-1123
Insurance -- Business-premises exclusion; did not violate public policy; trial court did not err in granting summary judgment where appellant was injured on business premises; waiver not available to extend appellant's coverage merely because agent thought coverage might be available; summary judgment affirmed. [HTML, WP5.1]
Sharp County Sheriff's Office v. Ozark Acres Imp. Dist. (Arnold, C.J.) 01-1237
Workers' compensation -- Dual employment; appellant could not be held liable under either first or second requirements for special employer's liability; appellee district solely liable for appellee deputy's benefits. [HTML, WP5.1]
White v. Priest (Brown, J.) 02-284 [HTML, WP5.1]
In Re: Dixon (Per Curiam) [HTML, WP5.1]
Azzurro v. State, CR 01-1202 (Per Curiam), affirmed May 23, 2002. [HTML, WP5.1]
Bush v. State, CR 01-1363 (Per Curiam), affirmed May 23, 2002. [HTML, WP5.1]
Dayberry v. State, CR 02-301 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment remanded May 23, 2002. [HTML, WP5.1]
Farmer v. State, CR 01-1104 (Per Curiam), affirmed May 23, 2002. [HTML, WP5.1]
Ragsdale v. State, CR 01-1399 (Per Curiam), affirmed May 23, 2002. [HTML, WP5.1]
Ross v. State, CR 02-302 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied May 23, 2002. [HTML, WP5.1]
Thomas v. State, CR 01-1253 (Per Curiam), affirmed May 23, 2002. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
01-507. Clyde Eason, Robert Tacker, Donna S. Tacker, and Arkansas Game and Fish Commission v. Robert Flannigan, Jr., Cindy Flannigan, Mike Hook, and Karen Hook, from Craighead Chancery, Eastern District. Reversed and Dismissed. Brown, Imber, and Thornton, JJ., concur. (6 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
01-1123. Grant Harasyn and Shelly Harasyn v. The St. Paul Guardian Insurance Company, from Benton Circuit. Affirmed. Glaze, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]
01-1237. Sharp County Sheriff's Office v. Ozark Acres Improvement District and John Slater, from Workers' Compensation Commission. Reversed and Remanded. Arkansas Court of Appeals Affirmed. Imber, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR01-1104. Billy Kale Farmer v. State of Arkansas, from Benton Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-1202. Frank Azzurro and George Young v. State of Arkansas, from Washington Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-1253. Nathaniel Thomas v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-1363. Kenneth Bush v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR01-1399. John P. Ragsdale v. State of Arkansas, from Miller Circuit. Affirmed. (8 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. Held in contempt and fined $250.00. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR01-784. Dyrea Mosby v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellee's motion to file belated brief is granted.
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). Granted 30 days.
CR02-173. Everett Leon Stout v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal is granted.
CR02-274. Kiesha Ilo v. State of Arkansas, from Faulkner Circuit. Appellee's motion to file supplemental brief is granted.
CR02-329. Denaro Shatur Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file supplemental brief is granted.
CR02-329. Denaro Shatur Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to file supplemental brief is granted.
CR02-444. Tony Bonham, Jr. v. State of Arkansas, from Poinsett Circuit. Petition for writ of certiorari to complete the record is granted.
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. Motion submitted with case. Moot. See opinion this date. (6 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
01-696. Rose Turnbough v. Mammoth Spring School District #2, from Fulton Circuit. Appellant's motion to withdraw request for oral argument is granted. Corbin, J., would deny. Glaze, J., not participating.
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 is granted.
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 is denied. Seven days to correct reply brief. Glaze, J., not participating.
02-284. Roger White v. Sharon Priest et al., An Original Action. Show cause why sanctions are not permissible, renewed motion for recusal, and motion for reinstatement of complaint. Brown, J., concurring in part, dissenting in part. Renewed motion to recuse granted. Decision handed down May 17, 2002. (9 PAGES + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) Supplemental opinion on recusal delivered May 23, 2002. (3 PAGES PUBLISHED) [HTML, WP5.1]
02-471. In Re: Randall Wayne Dixon (Arkansas Bar ID No. 83052). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR93-284. Gary T. Cloird v. State of Arkansas, from Jefferson Circuit. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis granted in part and denied in part. Petition for writ of habeas corpus remanded to the trial court for evidentiary hearing on jurisdictional question. See per curiam this date. (10 PAGES PUBLISHED) [HTML, WP5.1]
CR02-301. Gary Lee Dayberry v. State of Arkansas, from Stone Circuit. Pro se motion for belated appeal of judgment is remanded. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-302. Andrew Ross, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for belated appeal of order is denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
PETITIONS FOR REVIEW:
02-469. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty, from Benton Circuit.
02-470. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty, from Benton Circuit.
*****************************
CR02-508. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit. Motion of Jeff Rosenzweig for entry of appearance.
01-380. Lea Ann Linder et al. v. Bill Linder et al., from Sebastian Chancery, Fort Smith District. Appellant's motion for costs and attorney's fees.
01-1303. Sonny Holmes and Murry Holmes v. Charlie McClendon, Jr. et al., from St. Francis Probate. Motion to amend brief. Motion submitted with case.
01-1377. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District. Appellees' motion for protective order.
02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellant's motion to supplement the record.
02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellees' motion to amend the motion to supplement the record.
02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Appellees' motion to amend the record.
CR01-127. James Fields v. State of Arkansas, from Pulaski Circuit, First Division.
CR01-644. Gyronne Buckley v. State of Arkansas, from Clark Circuit.
01-1250. Vincent Davie v. Office of Child Support Enforcement, from Pulaski Circuit, Eleventh Division.
01-1267. IGF Insurance Company et al. v. Hat Creek Partnership, from Cross Circuit.
01-1303. Sonny Holmes and Murry Holmes v. Charlie McClendon, Jr. and The Estate of Brenda Lee Holmes McClendon, Deceased, from St. Francis Probate.
01-1310. Larry R. Froelich v. Billy Dean Graham, from Washington Circuit.
01-1329. Teresa Ann Cole v. Allen Laws, III and Laws & Murdoch, P.A., from Pope Circuit.