Arkansas Dep't of Human Servs. v. Cox (Hannah, J.) 01-1021

Parent & child -- Florida had no jurisdiction over child; full faith & credit not due in this case; "take-into-custody" order not enforceable under UCCJEA or otherwise in Arkansas; foreign child-custody determination must be registered in appropriate court; child entitled to protection of Arkansas courts. [HTML, WP5.1]

Cole v. Laws (Brown, J.) 01-1329

Fiduciary -- Breach of duty; no proof that appellee's action amounted to self-dealing; judgment not subject of appeal; supreme court will not set aside. [HTML, WP5.1]

Davie v. Office of Child Supp. Enfcm't (Thornton, J.) 01-1250

Family law -- Child-support award based on in-kind contributions of food & shelter; imputed income already used to reduce appellant's Supplemental Security Income, which was his sole source of income; trial court reversed. [HTML, WP5.1]

Fairchild v. State (Corbin, J.) CR01-856

Criminal law -- Premeditation & deliberation established by vicious nature of attack; attempted capital murder; sufficient direct evidence; premeditation & deliberation; evidence supported jury's determination; spontaneous statement admissible; trial court did not abuse discretion in denying motion to dismiss where statements were not product of custodial interrogation. [HTML, WP5.1]

Fields v. State (Arnold, C.J.) CR01-127

Criminal procedure -- Denial of directed-verdict motion affirmed; pretrial identification followed by eyewitness identification; no contemporaneous objection made to in-court identification; issue not preserved for review. [HTML, WP5.1]

Henderson v. State (Per Curiam) CR01-1299

Appeal & error -- Failure to comply with Ark. Sup. Ct. R. 4-2; revised or supplemental brief ordered. [HTML, WP5.1]

Higgins v. Burnett (Arnold, C.J.) 01-801

Civil procedure -- Improper venue; matter reversed & remanded where defense waived; appellees did not specifically reserve objection to. [HTML, WP5.1]

Holmes v. McClendon (Corbin, J.) 01-1303

Torts -- Wrongful death; simultaneous representation of personal representative & surviving relatives; appellants failed to present positive proof that counsel was not adequately representing all beneficiaries; attorney's fees were earned in procurement of favorable settlement on behalf of appellee's wife's estate; probate court did not err in awarding attorney contingency fee from total settlement; reduction of portion of wrongful-death proceeds awarded to appellants affirmed. [HTML, WP5.1]

IGF Ins. Co. v. Hat Creek Partnership (Glaze, J.) 01-1267

Arbitration -- Insurance policies; Federal Crop Insurance Act specifically relates to business of insurance; appellant's crop-insurance policy was subject to FICA & so McCarran-Ferguson Act was inapplicable, & Arkansas arbitration statute was preempted; denial of appellant's motion to compel arbitration reversed. [HTML, WP5.1]

Jefferson v. State (Hannah, J.) CR02-092

Constitutional law -- Police-citizen encounters; encounter not consensual; reasonable suspicion existed that crime had been or was about to be committed; motion to suppress properly denied. [HTML, WP5.1]

Peterson v. State (Thornton, J.) CR01-993

Evidence -- Excited-utterance exception to hearsay rule; victim's related to startling event & were made while she was under stress of excitement caused by event; statement properly admitted under excited-utterance exception. [HTML, WP5.1]

Tull v. State (Per Curiam) CR02-509

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

In Re: Arkansas Bar Examination Expense Fee (Per Curiam) [HTML, WP5.1]

Brown v. State, 02-382 (Per Curiam), Motion to Proceed in Forma Pauperis denied June 6, 2002. [HTML, WP5.1]

Henderson v. State, CR 01-616 (Per Curiam), rebriefing ordered June 6, 2002. [HTML, WP5.1]

McCullough v. State, Ten 94-113 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Judgment of Conviction granted in part; denied in part June 6, 2002. [HTML, WP5.1]

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

CR01-127. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. Glaze and Brown, JJ., concur. Imber, J., not participating. (7 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

01-801. Brenda Higgins v. Alpha Burnett et al., from Faulkner Circuit. Reversed and Remanded. (4 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

01-1267. IGF Insurance Company v. Hat Creek Partnership, from Cross Circuit. Reversed and Remanded. Corbin and Hannah, JJ., concur. (12 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-856. Robert L. Fairchild v. State of Arkansas, from Jefferson Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

01-1303. Sonny Holmes and Murry Holmes v. Charlie McClendon, Jr., and The Estate of Brenda Lee Holmes McClendon, Deceased, from St. Francis Circuit, Probate Division. Affirmed on Direct Appeal; Affirmed on Cross-Appeal. Glaze, J., would reverse on cross-appeal. Imber, J., not participating. (15 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-1329. Teresa Ann Cole v. Allen Laws, III and Laws and Murdoch, P.A., from Pope Circuit. Affirmed. Imber, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-993. J.M. Peterson, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Imber, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

01-1250. Vincent Davie v. Office of Child Support Enforcement, from Pulaski Circuit, Eleventh Division. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-92. Samuel James Jefferson v. State of Arkansas, from Pulaski Circuit, First Division. Trial Court Affirmed; Court of Appeals Reversed. Imber, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

01-1021. Arkansas Department of Human Services v. Joyce Cox, from Greene Probate. Affirmed. Glaze and Imber, JJ., dissent. (18 PAGES + 21-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

REVIEW GRANTED: Petition for review was granted today in the following case.

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

*****************************

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

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.

*****************************

CR01-1299. Samuel L. Henderson v. State of Arkansas, from Garland Circuit. Returned to appellant to comply with Rule 4-2. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

01-1303. Sonny Holmes and Murry Holmes v. Charlie McClendon, Jr. et al., from St. Francis Probate. Motion to amend brief is granted.

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. Granted 10 days.

CR02-509. Marvin W. Tull v. State of Arkansas, from Saline Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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 is granted.

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

01-808. Victor Mature Jackson v. El Dorado School District, from Union Circuit. Petition for review dismissed.

CR01-616. Jacinto Henderson v. State of Arkansas, from Craighead Circuit, Western District. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

Ten94-113. Lenzy McCullough v. State of Arkansas, from Cross Circuit. Pro se motion for rule on clerk to proceed with appeal of judgment of conviction. Motion granted in part and denied in part. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

02-382. Elizabeth Gammon Brown v. State of Arkansas, from Jefferson Circuit. Motion to proceed in forma pauperis. Denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Bar Examination Expense Fee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

01-1182. Crystal Luebbers et al. v. Phyllis Garrett et al., from Clark Circuit.

*****************************

PETITIONS FOR REVIEW:

CR02-508. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit.

02-506. Yellow Freight System v. Truman Parker, from Workers' Compensation Commission.

*****************************

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Motion of American Civil Liberties Union of Arkansas to file amicus curiae brief.

CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Motion of Arkansas Association of Criminal Defense Lawyers to file amicus curiae brief.

CR02-312. Louis Edward Richards v. State of Arkansas, from Howard Circuit. Appellant's motion for extension of time to file belated brief.

01-380. Lea Ann Linder et al. v. Bill Linder, from Sebastian Chancery, Fort Smith District. Appellee's motion to modify mandate.

01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion for separate briefing schedule.

02-238. Vernon K. Dillard v. Arkansas Department of Correction Disciplinary Hearing Officers, from Jefferson Circuit. Appellee's motion to dismiss appeal.

CR01-1172. Larry Darnell Brunson v. State of Arkansas, from Jefferson Circuit.

CR01-1271. State of Arkansas v. Eugene Hulum, from Pulaski Circuit, First Division.

CR01-1299. Samuel L. Henderson v. State of Arkansas, from Garland Circuit.

01-975. Christy Honeycutt v. Donald Wilbur Fanning, from Sharp Circuit.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit.

01-1346. Mary DeWitt v. Carnell Johnson, from Pulaski Circuit, Third Division.