Opinions delivered
June 13, 2002
Arkansas Blue Cross & Blue Shield v. Hicks (Corbin, J.) 01-916
Civil procedure -- Class action; chancellor did not abuse discretion in defining class; adequacy element satisfied; subsequent individual issues could be resolved after determination of common issue; evidence supported conclusion that numerosity requirement was satisfied; circumstances of potential class members provided compelling reasons to approve; class certification properly granted. [HTML, WP5.1]
Brunson v. State (Brown, J.) CR01-1172
Witnesses -- Witness's testimony exceeded her area of expertise; trial court abused its discretion in qualifying her to so testify; profile evidence unduly prejudicial; reversed & remanded. [HTML, WP5.1]
Butler v. State (Glaze, J.) CR01-487
Evidence -- Testimony by rape victim was sufficient to support appellant's conviction; trial judge reasonably found that juror's interaction with other jurors really inured to appellant's benefit; no error in decision not to hold hearing where trial judge already knew much of information that hearing would have provided; refusal to grant motion for mistrial not abuse of discretion; testimony offered to undermine victim's credibility was inadmissible & in violation of rape-shield statute; other victim's testimony properly permitted under pedophile exception. [HTML, WP5.1]
Dewitt v. Johnson (Corbin, J.) 01-1346
Attorney & client -- Authority of attorney may be apparent or inferred from client's actions; trial court was within discretion in assigning more weight to attorney's testimony; judgment enforcing settlement between parties affirmed. [HTML, WP5.1]
Hall v. Pulaski County Sheriff's Dep't, 02-331 (Per Curiam), Pro Se Motion to Proceed In Forma Pauperis denied June 13, 2002. [HTML, WP5.1]
Heffernan v. State, CR 02-239 (Per Curiam), Pro Se Motion for Appointment of Counsel moot; appeal dismissed June 13, 2002. [HTML, WP5.1]
Jamison v. State, CR 02-356 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied; Pro Se Motion for Appointment of Counsel moot June 13, 2002. [HTML, WP5.1]
Shackleford v. Terry, 02-23 (Per Curiam), affirmed June 13, 2002. [HTML, WP5.1]
Walker, Larry v. State, CR 02-384 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied June 13, 2002. [HTML, WP5.1]
Walker, Mark Douglas v. State, CR 02-37 (Per Curiam), affirmed June 13, 2002. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR01-487. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Affirmed. Imber, J., not participating. (19 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
01-916. Arkansas Blue Cross and Blue Shield, a Mutual Insurance Company v. Ollie Hicks and Higine Hicks, from Monroe Chancery. Affirmed. Special Justice Mike Rainwater joins. Imber, J., concurs. Thornton, J., dissents. Glaze, J., not participating. (21 PAGES + 2-PAGE CONCURRENCE + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
01-1346. Mary Dewitt v. Carnell Johnson and Pamela Akins, from Pulaski Circuit, Third Division. Affirmed. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR01-1172. Larry Darnell Brunson v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. (17 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR02-37. Mark Douglas Walker v. State of Arkansas, from Benton Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
02-23. Steven Shackleford v. Clifford Terry, Warden, and Lynette James, Records Supervisor, Wrightsville Unit, Arkansas Department of Correction, from Pulaski Circuit, Sixth Division. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
01-1182. Crystal Luebbers et al. v. Phyllis Garrett et al., from Clark Circuit. Glaze, J., not participating.
*****************************
REVIEWS DENIED: Petitions for review were denied today in the following cases.
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 is granted.
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 is granted.
CR02-312. Louis Edward Richards v. State of Arkansas, from Howard Circuit. Appellant's
motion for extension of time to file belated brief is granted. 01-380. Lea Ann Linder et al. v. Bill Linder, from Sebastian Chancery, Fort Smith District.
Appellee's motion to modify mandate is denied. 02-238. Vernon K. Dillard v. Arkansas Department of Correction Disciplinary Hearing Officers,
from Jefferson Circuit. Appellee's motion to dismiss appeal is granted. 02-604. Jim Magnus v. Honorable John B. Plegge, Judge, from Pulaski Circuit, Seventh
Division. Petitioner's motion for expedited consideration is granted; motion for temporary relief
staying the circuit court order is denied. Clerk to set briefing schedule.
(Proceedings of June 12, 2002). CR02-239. Robert R. Heffernan v. State of Arkansas, from Saline Circuit. Pro se motion for
appointment of counsel. Motion moot; appeal dismissed. See per curiam this date. (3 PAGES
UNPUBLISHED)
[HTML,
WP5.1] CR02-356. Charlie M. Jamison v. State of Arkansas, from Mississippi Circuit, Chickasawba
District. Pro se motion for belated appeal of order and for appointment of counsel. Motion for
belated appeal denied; motion for appointment of counsel moot. See per curiam this date. (3
PAGES UNPUBLISHED)
[HTML,
WP5.1] CR02-384. Larry Walker v. State of Arkansas, from Lafayette Circuit. Pro se motion for
belated appeal of order. Motion denied. See per curiam this date. (2 PAGES
UNPUBLISHED)
[HTML,
WP5.1] 02-331. Eugene Yankee Hall v. Pulaski County Sheriff's Department and Randy Johnson,
Sheriff, from Pulaski Circuit, Third Division. Pro se motion to proceed in forma pauperis.
Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
[HTML,
WP5.1]
PETITIONS FOR REHEARING:
CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit.
CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit.
CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division.
01-1225. Kathleen A. Clayborn et al. v. Bankers Standard Insurance Company, from Johnson Circuit.
*****************************
PETITIONS FOR REVIEW:
CR02-339. Tyranza Patrick Young v. State of Arkansas, from Phillips Circuit.
CR02-534. Lee Roy Davis v. State of Arkansas, from Union Circuit.
02-486. Steven C. Schueller v. Allison G. Schueller, from Ashley Chancery.
02-512. The Entertainment and Leisure Corporation et al. v. Razorback Entertainment Corporation, from Garland Circuit.
*****************************
CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Appellant's motion for stay of mandate in order to petition for writ of certiorari.
CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Separate petition of Tona DeMers for reconsideration.
CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Appellant's motion to recall mandate, withdraw opinion, and remand for rebriefing.
CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Appellant's motion for extension of time to file brief.
CR02-22. Karl Douglas Roberts v. State of Arkansas, from Polk Circuit. Appellant's motion for extension of time to file brief.
CR02-22. Karl Douglas Roberts v. State of Arkansas, from Polk Circuit. Petition for writ of certiorari to complete the record.
CR02-463. Kirk Bloomfield v. Honorable Harold S. Erwin, Judge, from Sharp Circuit. Petitioner's motion for rehearing on petition for writ of prohibition.
CR02-463. Kirk Bloomfield v. Honorable Harold S. Erwin, Judge, from Sharp Circuit. Petitioner's motion to strike response to petition for writ of prohibition.
CR02-463. Kirk Bloomfield v. Honorable Harold S. Erwin, Judge, from Sharp Circuit. Petitioner's motion for sanctions.
01-836. Lake View School District No. 25 et al. v. Honorable Mike Huckabee, Governor et al., from Pulaski Chancery, Second Division. Motion of the Arkansas Education Association to file an amicus curiae brief.
01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to take judicial notice.
02-532. Carolyn Matthews v. American Airlines, Inc., from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal.
02-532. Carolyn Matthews v. American Airlines, Inc., from Pulaski Circuit, Fifth Division. Joint motion to dismiss appeal.
CR01-1222. Johnny "Red" Hudspeth v. State of Arkansas, from Marion Circuit.
CR01-1312. Ahbrae Jones v. State of Arkansas, from Pulaski Circuit, Seventh Division.
01-696. Rose Turnbough v. Mammoth Spring School Dist. #2, from Fulton Circuit.
01-827. Gary Montgomery v. Jade (Montgomery) Bolton, from Pulaski Circuit, Fourteenth Division.
01-1355. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District.
01-1356. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District.
01-1361. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District.