Ballard v. Garrett (Thornton, J.) 01-1218

Civil procedure -- Intervention; appellants delayed filing of their motion to intervene; trial court's finding that motion to intervene was filed after litigation had progresses too far was not abuse of discretion; other parties would have suffered prejudice caused by delay resulting from granting appellants' motion to intervene. [HTML, WP5.1]

Edmond v. State (Per Curiam) CR01-1050

Motions -- Extension of time to file brief granted; show-cause order issued. [HTML, WP5.1]

Honeycutt v. Fanning (Glaze, J.) 01-975

Civil procedure -- Motion to extend time for service not timely filed due to closing of courthouse;rule should be read to exclude any day on which courthouse is either officially closed, or inaccessible as practical matter without heroic measures; motion for enlargement of time to obtain service was timely & trial court's order dismissing complaint with prejudice was reversed. [HTML, WP5.1]

Hudspeth v. State (Arnold, C.J.) CR01-1222

Search & seizure -- Affidavit & search warrant obtained prior to viewing contents of videotape; video camera had no causal connection to evidence seized pursuant to search warrant; use of "groundhog" camera did not violate Fourth Amendment; warrant is not required when video surveillance is used to record activity in area where suspect has no reasonable expectation of privacy; denial of appellant's motion to suppress affirmed. [HTML, WP5.1]

Jones v. State (Glaze, J.) CR01-1312

Criminal law -- Accomplice testimony sufficiently corroborated; evidence independently established crime & tended to connect appellant with its commission; motion for mistrial properly denied; inadvertent mention of prior bad acts inadvertent; admission of witness's statement harmless error; overwhelming evidence of guilt presented. [HTML, WP5.1]

Keenom v. State (Thornton, J.) CR01-673

Search & seizure -- Police-citizen encounter; reasonable person in appellant's position would not have felt free to terminate encounter; police exceeded limitations of "knock & talk" procedure; appellant unlawfully seized under Fourth Amendment. [HTML, WP5.1]

Smith v. Wharton (Imber, J.) 01-1045

Wills -- Prima facie proof of decedent's signature on document; execution of trust & related instruments in compliance with statute & case law; will was not executed in compliance with statutory requirements; attorneys as witnesses; trial court erred in allowing appellee's attorney to testify. [HTML, WP5.1]

State v. Hulum (Thornton, J.) CR01-1271

Appeal & error -- Appeal by State; question raised by State did not present issue with widespread ramifications; issue was moot & supreme court declined to address it; trial court was merely applying statute to facts surrounding appellant's case; trial court did not engage in interpretation of statute; mixed question of fact & law not proper for State's appeal; appeal dismissed. [HTML, WP5.1]

Tay-Tay, Inc. v. Young (Imber, J.) 01-1355

Arbitration -- Provision unenforceable based upon lack of mutuality. [HTML, WP5.1]

The Money Place v. Barnes (Hannah, J.) 01-1361

Contracts -- Lack of mutuality; arbitration not valid & not subject to enforcement. [HTML, WP5.1]

Turnbough v. Mammoth Spring Sch. Dist. No. 2 (Corbin, J.) 01-696

Schools & school districts -- Sick-leave policy; neither Sick Leave Law nor appellant's contract entitled appellant to payment for ninety days accumulated; trial court's decision to dismiss appellant's complaint was not erroneous. [HTML, WP5.1]

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

CR01-1222. Johnny "Red" Hudspeth v. State of Arkansas, from Marion Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR01-1312. Ahbrae Jones v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Imber, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

01-975. Christy Honeycutt v. Donald Wilbur Fanning, from Sharp Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-696. Rose Turnbough v. Mammoth Spring School District No. 2, from Fulton Circuit. Affirmed. Glaze, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

01-1045. Kathleen Wharton Smith v. Joseph Burleson Wharton, III, Executor of the Estate of Iola H. Wharton, Deceased, Joseph Burleson Wharton, III, Trustee of the Iola H. Wharton Living Trust Dated July 29, 1997; Joseph Burleson Wharton, III; Joseph Clark Wood, a Minor; Marion Randolph Smith, Jr.; Thomas Christopher Smith and Kathleen Smith Shonert, from Baxter Chancery. Affirmed. Corbin, Thornton, and Hannah, JJ., concur in part and dissent in part. (15 PAGES + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

01-1355. Tay-Tay, Inc., Arkansas Payday Check Cashers, Inc., Two Chuck, Inc. d/b/a Payday Advance, and Jim Mead v. Brandon Young, Jimmie Sue Spencer, and Karla Blackford, from Craighead Circuit, Western District. Affirmed. Glaze, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR01-673. James Patrick Keenom v. State of Arkansas, from Benton Circuit. Reversed. Glaze and Brown, JJ., dissent. (12 PAGES + 5-PAGE DISSENT + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR01-1271. State of Arkansas v. Eugene Hulum, from Pulaski Circuit, First Division. Dismissed. Glaze and Imber, JJ., dissent. (10 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-1218. Teresa Ballard, Kenisha Bryant, Cheryl King, and Crystal Luebbers v. Phyllis Garrett, Individually and Advance America Cash Advance Centers of Arkansas, from Clark Circuit. Affirmed. Imber, J., concurs. Glaze, J., not participating. (10 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

01-1361. The Money Place, LLC v. Dorothy Barnes, Individually and o/b/o a Class of Similarly Situated Persons, from Craighead Circuit, Western District. Affirmed. Glaze, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

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

CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Glaze and Imber, JJ., would grant.

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. Imber, J., not participating.

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

CR02-534. Lee Roy Davis v. State of Arkansas, from Union Circuit.

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

CR02-339. Tyranza Patrick Young v. State of Arkansas, from Phillips 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.

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CR99-1140. State of Arkansas v. Kenneth Andrew Sullivan, from Faulkner Circuit. Appellee's motion to dismiss petition for rehearing. Moot.

CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Separate petition of Tona DeMers for reconsideration is denied.

CR01-81. Mervin Jenkins v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion for extension of response time to petition for rehearing. Moot.

CR01-370. Scotty Ray Payton v. State of Arkansas, from Crawford Circuit. Appellant's motion to recall mandate, withdraw opinion, and remand for rebriefing is denied.

CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Appellant's motion for extension of time to file brief. Motion granted; show cause order issued. See per curiam this date. [HTML, WP5.1]

CR02-22. Karl Douglas Roberts v. State of Arkansas, from Polk Circuit. Appellant's motion for extension of time to file brief. Granted 60 days after record filed.

CR02-22. Karl Douglas Roberts v. State of Arkansas, from Polk Circuit. Petition for writ of certiorari to complete the record. Granted 30 days to complete 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 is denied.

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 is denied.

CR02-463. Kirk Bloomfield v. Honorable Harold S. Erwin, Judge, from Sharp Circuit. Petitioner's motion for sanctions is denied.

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 moot; motion to reconsider denied. See per curiam of May 30, 2002.

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 is granted.

01-1190. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to take judicial notice. Noted.

PETITION FOR REHEARING:

01-1155. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery.

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CR00-1383. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to dismiss appeal.

CR01-822. Laveris D. Townsend v. State of Arkansas, from Washington Circuit. Appellee's motion to release exhibits in this appeal and CACR01-516.

CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of time to file brief.

CR02-104. Alvin Jackson v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record.

CR02-125. Michael S. Reeves v. State of Arkansas, from Desha Circuit, Arkansas City District. Petition for writ of certiorari to complete the record.

CR02-584. Roger Dale Barrett v. State of Arkansas, from Benton Circuit. Motion for rule on the clerk.

01-1182. Crystal Luebbers et al. v. Advance America, from Clark Circuit. Appellant's motion to amend petition for rehearing.

CR01-974. Roy Lee Thomas v. State of Arkansas, from Jefferson Circuit.

01-1185. Teresa Ballard et al.v. Sheila Martin et al., from Craighead Circuit, Western District.

01-1370. Becky Coburn Price Seagrave v. Jeffrey Price et al., from Craighead Circuit, Western District.

01-1371. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District.

01-1373. THE/FRE, Inc. et al. v. Sheila Martin et al., from Craighead Circuit, Western District.

01-1374. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District.

01-1376. F & G Financial Services, Inc. et al. v. Dorothy Barnes et al., from Craighead Circuit, Western District.