Baldwin v. Baldwin (Glaze, J.) 01-1258

Appeal & error -- Abstract deficiencies; supplemental abstract remained flagrantly deficient; case summarily affirmed. [HTML, WP5.1]

Buckley v. State (Glaze, J.) CR01-644

Criminal law -- Bifurcated sentencing; defendant can waive jury trial only with agreement of State at both sentencing & trial; State declined to consent to appellant's request to waive jury for resentencing; trial court did not err in submitting matter to jury; appellant received sentence within statutory range but short of maximum allowed; no prejudice resulted; none of alleged "fundamental errors" fell within Wicks exception; sentence affirmed. [HTML, WP5.1]

Campbell v. State (Per Curiam) CR01-1181

Appeal & error -- Appellant failed to adequately abstract record sufficient for meaningful review of issues on appeal; rebriefing ordered. [HTML, WP5.1]

D.B. Griffin Warehouse, Inc. v. Sanders (Hannah, J.) 01-716

Negligence -- Independent contractor's employees were aware that skylights posed obvious hazard; appellant had no duty to warn; no evidence that latent danger caused deceased's fall; reversed & dismissed where appellant breached no duty to deceased. [HTML, WP5.1]

Davenport v. Lee (Per Curiam) 01-456

Attorney & client -- Supreme court would not accept untimely petition for rehearing where appellants presented no compelling reason. [HTML, WP5.1]

Jackson v. Mundaca Fin. Servs., Inc. (Thornton, J.) 01-893

Bills & notes -- Appellee was barred by Ark. R. Civ. P. 8 from raising issue of whether it was holder in due course in its motion for reconsideration; supreme court declined to address issues relating to appellee's holder-in-due-course status; claiming holder-in-due-course status is by nature estoppel defense that must have been raised prior to trial. [HTML, WP5.1]

Lake View Sch. Dist. v. Huckabee (Per Curiam) 01-836

Motions -- Response by State to intervenor's briefs granted. [HTML, WP5.1]

USA Check Cashers of Little Rock, Inc. v. Island (Brown, J.) 01-1294

Paries -- Class certification; appellee met first three standards for class representation; common questions predominated over individual ones; class certification was superior method for adjudicating class members' claims. [HTML, WP5.1]

Clay v. State, CR 01-469 (Per Curiam), Petition for Rehearing denied May 30, 2002. [HTML, WP5.1]

Hazelwood v. Burnett, CR 02-413 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 30, 2002. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-644. Gyronne Buckley v. State of Arkansas, from Clark Circuit. Affirmed. Arnold, C.J., not participating. (16 PAGES PUBLISHED) [HTML, WP5.1]

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Trial Court Affirmed. Corbin and Hannah, JJ., concur. Imber, J., not participating. (8 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-1294. USA Check Cashers of Little Rock, Inc. v. Carolyn Island and Jeanette Carter, Individually and O/B/O A Class of Similarly Situated Persons, from Pulaski Circuit, Third Division. Affirmed. Glaze, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

01-893. Milton Harold Jackson and Mary Ann Jackson v. Mundaca Financial Services, Inc., from Pulaski Chancery, Second Division. Reversed nd Original Order Reinstated. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-716. D.B. Griffin Warehouse, Inc. v. Margaret Sanders, from Phillips Circuit. Reversed and Dismissed. Brown and Imber, JJ., dissent. (17 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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

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

02-469. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty, from Benton Circuit. Thornton, J., would grant. Corbin, J., not participating.

02-470. Wal-Mart Stores, Inc. v. United States Fidelity & Guaranty, from Benton Circuit. Thornton, J., would grant. Corbin, J., not participating.

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01-456. Ron Davenport et ux. v. Tyrone Lee, M.D. et al., from Faulkner Circuit. Motion to stay mandate, or in the alternative, motion to recall same; motion to file petition for rehearing. Motions denied. See per curiam this date. Special Justice Howard W. Brill joins. Glaze, J., not participating. (3 PAGES 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 for extension of time to prepare new abstract and for other relief granted; motion for sanctions and summary dismissal denied. See per curiam this date. Imber, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

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. Moot. See opinion this date.

CR02-508. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit. Motion of Jeff Rosenzweig for entry of appearance. Noted.

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. Attorney's fees denied; $500.00 in costs granted April 25, 2002.

01-1377. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District. Appellees' motion for protective order is denied. Glaze, J., not participating.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellant's motion to supplement the record is granted.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellees' motion to amend the motion to supplement the record is granted.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Appellees' motion to amend the record is denied.

01-1340. Leo A. Lewis v. Inez Hughes et al., from Garland Circuit. Joint motion to dismiss appeal is granted.

01-1155. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery. Motion to extend time to file petition for rehearing is granted.

02-284. Robert White v. Sharon Priest, Secretary of State et al., an Original Action. Petitioner's motion for nonsuit of counts 1 and 2 (salary limitations and prison reform). Granted.

CR01-1181. Calvin Lashawn Campbell v. State of Arkansas, from Pulaski Circuit, First Division. Rebriefing ordered. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-413. Lonnie Hazelwood v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

PETITIONS FOR REVIEW:

CR02-442. Anthony Arnez Nelson v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR02-507. Antonio Lenoir v. State of Arkansas, from Cross Circuit.

02-483. Tonnie Norton v. Pulaski County Industrial Development Commission, from Pulaski Circuit, Third Division.

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CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for extension of time to file response to motion to dismiss appeal.

CR02-509. Marvin W. Tull v. State of Arkansas, from Saline Circuit. Motion for rule

02-88. Peggy Gulledge et al. v. Dick Barclay, Director, Arkansas Department of Finance & Administration et al., from Pulaski Circuit, Seventeenth Division. Appellees' motion for substitution of counsel.

02-495. Floyd Butler v. Arkansas Department of Human Services, from Carroll Circuit, Eastern District. Motion for rule on the clerk.

01-737. Tyson Foods, Inc. v. Conagra Poultry Company et al., from Washington Circuit. Argued orally.

CR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit.

CR01-856. Robert Lee Fairchild v. State of Arkansas, from Jefferson Circuit.

CR01-993. J. M. Peterson, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR01-1269. Gregory Short v. State of Arkansas, from Pope Circuit.

CR02-92. Samuel James Jefferson v. State of Arkansas, from Pulaski Circuit, First Division.

01-801. Brenda Higgins v. Alpha Burnett et al., from Faulkner Circuit.