Opinions delivered
June 27, 2002
F & G Fin. Servs., Inc. v. Barnes (Arnold, C.J.) 01-1376
Parties -- Class representative; typicality, predominance, and superiority requirements satisfied; both first & second class representatives met minimal-interest requirement. [HTML, WP5.1]
F & G Fin. Servs., Inc. v. Barnes (Thornton, J.) 01-1356
Appeal & error -- Trial court's decision affirmed; issues identical to previous case; reasoning set forth in cases adopted & incorporated by reference. [HTML, WP5.1]
Howard v. State (Hannah, J.) CR00-803 (dissent only) [HTML, WP5.1]
Mallory v. Hartsfield, Almand & Grisham, LLP (Per Curiam) 01-1407
Appeal & error -- Failure to comply with Ark. Sup. Ct. R. 4-2; returned to appellant to comply with rule. [HTML, WP5.1]
Montgomery v. Bolton (Brown, J.) 01-827
Parent & child -- Child support; Tier II withholdings are part of "railroad retirement" deductions; trial court's order denying Tier II deduction reversed & remanded. [HTML, WP5.1]
Seagrave v. Price (Glaze, J.) 01-1370
Constitutional law -- Arkansas Grandparental Visitation Rights Act married & divorced parents treated differently under GVPA; no unconstitutional discrimination found; trial court failed to apply any presumption in favor of custodial parent's decision regarding visitation; GPVA was unconstitutionally applied; case reversed & remanded on basis of unconstitutionality of statute. [HTML, WP5.1]
Short v. State (Imber, J.) CR01-1269
Criminal law -- First-degree sexual abuse; trial court did not err in ruling that State was not required to prove appellant's knowledge of victim's age; rape-shield statute; "prior sexual conduct" broadly construed. [HTML, WP5.1]
State v. Goff (Per Curiam) CR01-1051
Attorney & client -- Ineffective-assistance claim; circuit court erred in granting postconviction relief on basis that either attorney would have corroborated appellee's testimony concerning affidavit; circuit court erred by concluding attorney was ineffective for not amending affidavit; appellee could not prove reasonable probability of acquittal but for attorney's alleged bias. [HTML, WP5.1]
THE/FRE, Inc. v. Martin (Imber, J.) 01-1371
Arbitration -- Reasoning set forth in companion case adopted & incorporated; trial court did not err in denying appellant's motion to compel arbitration. [HTML, WP5.1]
THE/FRE, Inc. v. Martin (Thornton, J.) 01-1373
Action -- Class certification; all three adequacy criteria met; typicality requirement met; superiority requirement satisfied; fact that individual issues & defenses may be raised by appellants could not defeat class certification where common issues predominated. [HTML, WP5.1]
The Money Place, LLC v. Barnes (Hannah, J.) 01-1374
Action -- Class action; order granting certification adequate; adequacy and typicality requirements met; class action was superior method of adjudicating claims; common questions predominated over individual ones. [HTML, WP5.1]
Thomas v. State (Corbin, J.) CR01-974
Criminal procedure -- Sentencing statutes not in conflict; trial judge's discretion to reduce punishment set by jury found harmonious with jury's power to fix or determine punishment under Ark. Code Ann. §§ 5-4-103 & 16-97-107(e); Acts 535 & 551 of 1993 did not broaden jury's authority to fix punishment or reduce trial court's sentencing authority; appellant not eligible to have sentence expunged under Act 346 of 1975; judgment modified. [HTML, WP5.1]
Tyson Foods, Inc. v. Conagra, Inc. (Brown, J.) 01-737
Business & commercial law -- Trade secret; appellant did not necessarily equate confidential information with trade secret; appellant failed to take any precautionary measures to protect nutrient profile; reliance on ethical guide not enough to invoke trade-secret protection; trial court erred in finding nutrient profile was appellant's trade secret; order granting motion for judgment notwithstanding verdict affirmed for different reasons. [HTML, WP5.1]
APPENDIX
In Re: Ark. R. Crim. P. 3.1, 13.3 and 28.2; Ark. R. App. P. --Crim. 16 (Per Curiam) [HTML, WP5.1]
In Re: Minimum Continuing Legal Education Rules (Per Curiam) [HTML, WP5.1]
In Re: Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]
In Re: Client Security Fund Committee (Per Curiam) [HTML, WP5.1]
Berger v. State, CR 02-350 (Per Curiam), Pro Se Motion for Appointment of Counsel denied; Pro Se Motion to Supplement Record granted in part and moot in part; Pro Se Motion for Extension of Time to File Appellant's Brief granted June 27, 2002. [HTML, WP5.1]
Cloird v. State, CR 93-284 (Per Curiam), Appellee's Motion for Rule on Clerk denied June 27, 2002. [HTML, WP5.1]
Cook v. State, CR 02-140 (Per Curiam), rebriefing ordered June 27, 2002. [HTML, WP5.1]
Nichols v. Arnold, 01-961 (Per Curiam), affirmed June 27, 2002. [HTML, WP5.1]
Stringfellow v. State, CR 02-328 (Per Curiam), Pro Se Motion to File Belated Petition for Writ of Certiorari denied June 27, 2002. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
01-1376. F&G Financial Services, Inc., Cash Advance Now, Cash Advance of Jonesboro, LLC v. Dorothy Barnes and Jimmie Sue Spencer, from Craighead Circuit, Western District. Affirmed. Glaze, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
01-1370. Becky Coburn Price Seagrave v. Jeffrey Price et al., from Craighead Circuit, Western District. Reversed and Remanded. Hannah, J., concurs. (12 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR01-974. Roy Lee Thomas v. State of Arkansas, from Jefferson Circuit. Affirmed on Direct Appeal; Affirmed as Modified on Cross-Appeal. Imber, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
01-737. Tyson Foods, Inc. v. Conagra, Inc. and Conagra Poultry Company, from Washington Chancery. Affirmed. Thornton, J., dissents. (15 PAGES + 12-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
01-827. Gary Montgomery v. Jade Bolton, from Pulaski Chancery, Third Division. Reversed and Remanded. Glaze, J., concurs. Imber, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR01-1269. Gregory Short v. State of Arkansas, from Pope Circuit. Affirmed. Hannah, J., concurs. (9 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]
01-1371. THE/FRE, Inc., d/b/a Pay-Less Check Advance, REAP, Inc., d/b/a Pay-Less Check Advance, and Fred Pearson, Individually and d/b/a Pay-Less Check Advance v. Sheila Martin, Rick Ingram and Jimmie Sue Spencer, Individually and o/b/o A Class of Similarly Situated Persons, from Craighead Circuit, Western Division. Affirmed. Glaze, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
01-1356. F&G Financial Services, Inc. d/b/a Cash Advance Now, and Cash Advance of Jonesboro, LLC, d/b/a Cash Advance Now v. Dorothy Barnes and Jimmie Sue Spencer, Individually and o/b/o A Class of Similarly Situated Persons, from Craighead Circuit, Western District. Affirmed. Glaze, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]
01-1373. THE/FRE, Inc., d/b/a Pay-Less Check Advance, REAP, Inc., and Fred Pearson, Individually and d/b/a Pay-Less Check Advance v. Sheila Martin, Rick Ingram and Jimmie Sue Spencer, Individually and o/b/o A Class of Similarly Situated Persons, from Craighead Circuit, Western Division. Affirmed. Glaze, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
01-1374. The Money Place, LLC v. Dorothy Barnes, from Craighead Circuit, Western District. Affirmed. Glaze and Imber, JJ., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR01-1051. State of Arkansas v. Belynda Faye Goff, from Carroll Circuit, Eastern District. Reversed. (8 PAGES PUBLISHED) [HTML, WP5.1]
01-961. Billy Mack Nichols v. P. Arnold, from Jefferson Circuit. Affirmed. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR00-803. Timothy Lamont Howard v. State of Arkansas, from Little River Circuit. Brown, Thornton and Hannah, JJ., would grant. Corbin, J., not participating. (4-PAGE DISSENT ONLY PUBLISHED) [HTML, WP5.1]
01-1155. Melba Laird et al. v. Sandra Shelnutt, from Saline Chancery.
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01-1407. George L. Mallory, III v. Hartsfield, Almand & Grisham, LLP and Larry J. Hartsfield, from Pulaski Circuit. Returned to appellant to comply with Rule 4-2. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
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. Granted 90 days.
02-532. Carolyn Matthews v. American Airlines, Inc., from Pulaski Circuit, Fifth Division. Joint motion to dismiss appeal is granted.
02-532. Carolyn Matthews v. American Airlines, Inc., from Pulaski Circuit, Fifth Division. Appellee's motion to dismiss appeal. Moot.
CR01-822. Laveris D. Townsend v. State of Arkansas, from Washington Circuit. Appellee's motion to release exhibits in this appeal and CACR01-516. Granted upon substitution of copies; exhibits to be returned when trial completed.
CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of time to file brief. Granted 30 days; final extension.
CR02-104. Alvin Jackson v. State of Arkansas, from Jefferson Circuit. Appellant's motion to supplement the record is granted.
CR02-125. Michael S. Reeves v. State of Arkansas, from Desha Circuit, Arkansas City District. Petition for writ of certiorari to complete the record. Granted 30 days.
CR02-584. Roger Dale Barrett v. State of Arkansas, from Benton Circuit. Motion for rule on the clerk is granted.
CR93-284. Gary T. Cloird a/k/a Simba Kali, a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Appellee's motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-140. Keyono Cook v. State of Arkansas, from Pulaski Circuit, Fourth Division. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-328. Tony Stringfellow v. State of Arkansas, from Clark Circuit. Pro se motion to file belated petition for writ of certiorari. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-350. Russell J. Berger v. State of Arkansas, from Faulkner Circuit. Pro se motions for appointment of counsel, to supplement record, and for extension of time to file appellant's brief. Motion for appointment of counsel denied; motion to supplement record granted in part and moot in part; motion for extension of time to file appellant's brief granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
In Re: Arkansas Rules of Criminal Procedure, Rules 3.1, 13.3, and 28.2; and Arkansas Rules of Appellate Procedure - Criminal, Rule 16. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Minimum Continuing Legal Education Rules. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Board of Certified Court Reporter Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
The Honorable Edwin A. Keaton, Circuit Judge, Thirteenth Judicial Circuit, and Mr. G. Michael Ashcraft, Court Reporter, Tenth Judicial Circuit, Second Division are appointed to the Board of Certified Court Reporter Examiners for three-year terms to expire on July 31, 2005. The Court expresses its appreciation to Judge Keaton and Mr. Ashcraft for accepting appointment to this important Board.
The Court expresses its appreciation to Judge Leon Jamison of Pine Bluff and Ms. Jana Hawley, Court Reporter, Eighteenth Judicial Circuit-East, whose terms have expired, for their years of dedicated service to the Board.
In Re: Client Security Fund Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Mr. Ernest E. Brown, Jr., is reappointed to the Client Security Fund Committee for a five-year term to expire, July 31, 2007.
The Court thanks Mr. Brown for accepting this reappointment to this most important committee.
PETITION FOR REHEARING:
01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division.
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PETITION FOR REVIEW:
02-527. Congo Stove, Fireplace & Patio, Inc. et al. v. Edward Rickenbacker, from Workers' Compensation Commission.
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CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. David Mark Gunter ordered to appear and show cause today at 9:00 a.m.
CR02-39. Derrick Rumunda Moody v. Honorable Russell Rogers, Judge, from Arkansas Circuit, Southern District. Appellant's motion to file enlarged reply brief and to supplement appellant's addendum.
CR02-251. Rammie Hall v. State of Arkansas, from Randolph Circuit. Appellee's motion to dismiss appeal.
CR02-306. Jeff Eugene Peltier v. State of Arkansas, from Little River Circuit. Appellee's motion to dismiss appeal.
CR02-635. Jerry L. Jones v. State of Arkansas, from Hempstead Circuit. Motion of Danny P. Rodgers to be relieved as counsel.
02-601. Judy Duggan v. Honorable David B. Switzer, Judge, from Garland Probate. Petition for writ of mandamus, petition for writ of certiorari, petition to stay order of contempt, and petition for writ of habeas corpus.
02-601. Judy Duggan v. Honorable David B. Switzer, Judge, from Garland Probate. Petitioner's motion to dismiss petition for writ of mandamus, petition for writ of certiorari, petition to stay order of contempt, and petition for writ of habeas corpus.
02-610. First National Bank of DeWitt v. William Claude Cruthis, Sr. et al., from Monroe Circuit. Petition for writ of certiorari to complete the record.
02-619. Howard Cannon et al. v. Elk Horn Bank & Trust Company, from Clark Circuit. Appellee's motion to dismiss appeal.
02-634. Barry Lee Emigh v. Arkansas Securities Commission, an Original Action. An original action petition pursuant to Amendment 7 of the Arkansas Constitution.
02-654. Linda Cox v. Honorable David L. Reynolds, Judge, from Faulkner Probate. Petition for writ of prohibition.
01-815. Larry Jegley v. Elena Picado et al., from Pulaski Circuit, Sixth Division. Argued orally.
CR01-761. Jason Nugene Turner v. State of Arkansas, from Calhoun Circuit.
CR01-1427. Michael Dee Moseley v. State of Arkansas, from Benton Circuit.
01-1377. Tay-Tay, Inc. et al. v. Brandon Young et al., from Craighead Circuit, Western District.
01-1407. George L. Mallory, III v. Hartsfield, Almand, & Grisham, LLP et al., from Pulaski Circuit, Third Division.
01-1409. Clarence J. Worth et al. v. Honorable Tom J. Keith, Judge, from Benton Circuit.
01-1410. Deidra M. Chavers v. General Motors Corporation et al., from Hempstead Circuit.