Ballard, Teresa v. Advance Am. (Arnold, C.J.) 01-1190

Action -- Class action; appellants bound by settlement as approved by circuit court; appeal dismissed due to appellants lack of standing. [HTML, WP5.1]

Ballard, Teresa v. Advance Am. (Per Curiam) 01-1182

Motions -- Motion to amend appellant's petition for rehearing denied. [HTML, WP5.1]

Ballard, Teresa v. Martin (Brown, J.) 01-1185

Action -- Class settlement; supreme court unwilling to second-guess trial judge's conclusion that settlement was fair & reasonable; no abuse of discretion in trial court's finding of adequacy; two-week notice to class members with three-month opt-out deadline was adequate; class settlement need not be perfect to be fair. [HTML, WP5.1]

Chavers v. General Motors Corp. (Corbin, J.) 01-1410

Torts -- Asbestos case; proof insufficient to establish jury question on product identification under "frequency, regularity, and proximity" test; summary judgment appropriate where appellant's proof fell short under "frequency, regularity, & proximity" test. [HTML, WP5.1]

Edmond v. State (Per Curiam) CR01-1050

Contempt -- Order issued. [HTML, WP5.1]

Froelich v. Graham (Thornton, J.) 01-1310

Attorney & client -- Attorney's lien given priority over third-party creditor; lien attached to check received as result of appellant's efforts to recover client's back alimony; line not defeated by transfer of check to appellee; chancellor erred in finding that attorney's lien could not be enforced upon check client gave appellee based on lack of notice to appellee; reversed & remanded. [HTML, WP5.1]

Henderson v. State (Hannah, J.) CR01-1299

New trial -- Appellant failed to meet requirements justifying new trial for juror misconduct; merely filing motion did not qualify as "affirmative Showing" that defense was unaware of misconduct at trial; motion for new trial properly denied. [HTML, WP5.1]

Jegley v. Picado (Imber, J.) 01-815

Constitutional law -- Challenge to statute; sodomy statute was not facially unconstitutional; right to privacy infringed upon by Ark. Code Ann. § 5-14-122; no compelling state interest to justify sodomy statute; Ark. Code Ann. § 5-14-122 declared unconstitutional as applied to private, consensual, noncommercial same-sex sodomy; police power may not be used to enforce majority morality on persons whose conduct does not harm others; sodomy statue unconstitutional as violative of Arkansas's Equal Rights Amendment. [HTML, WP5.1]

Moseley v. State (Brown, J.) CR01-1427

Criminal law -- Suspension or probation; trial court did not err in denying motion to dismiss where it was within its jurisdiction to modify appellant's original order by second revocation order; court's order of six years' imprisonment following finding of guilt for violating probation not precluded. [HTML, WP5.1]

Nichols v. Norris (Per Curiam) 01-1030

Appeal & error -- Venue proper in county where motion was filed; dismissal for lack of venue reversed & case remanded. [HTML, WP5.1]

Proctor v. State (Imber, J.) CR01-1382

Evidence -- Confrontation Clause requirements met where officer was unavailable & prior testimony was reliable; State failed to demonstrate that appellant had similar motive in order to make use of Ark. R. Evid. 804(b)(1); officer's testimony from bond-revocation hearing was erroneously admitted into evidence; improper admission of prior testimony was harmless error as to convictions for third-degree battery, second-degree stalking, and terroristic threatening; admission of officer's prior testimony was error as to kidnapping first-degree murder, and residential burglary convictions; case reversed & remanded in part. [HTML, WP5.1]

Tay-Tay, Inc. v. Young (Imber, J.) 01-1377

Action -- Class action; order granting class certification adequate; appellees able to adequately & fairly represent class; typicality requirement met; class action found superior method to adjudicate claims; predominance requirement satisfied. [HTML, WP5.1]

Turner v. State (Hannah, J.) CR01-761

Criminal procedure -- Speedy trial; trial took place within twelve months; no speedy-trial violation found; more than sufficient evidence of guilt existed; denial of motion for directed verdict affirmed. [HTML, WP5.1]

Worth v. Keith (Per Curiam) 01-1409

Appeal & error -- Rebriefing ordered. [HTML, WP5.1]

In Re: Supreme Court Committee on Civil Practice (Per Curiam) [HTML, WP5.1]

Dillard v. State, 02-2 (Per Curiam), affirmed July 5, 2002. [HTML, WP5.1]

Reynolds v. State, 02-418 (Per Curiam), Pro Se Motion for Appointment of Counsel moot; appeal dismissed July 5, 2002. [HTML, WP5.1]

Turner v. State, CR 01-459 (Per Curiam), Pro Se Motion to File Supplemental Pro Se Appellant's Brief denied July 5, 2002. [HTML, WP5.1]

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

01-1190. Teresa Ballard et al. v. Advance America, Cash Advance Centers of Arkansas, Inc., and Phyllis Garrett, from Clark Circuit. Dismissed. Glaze, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

01-1410. Deidra M. Chavers, Individually and as Personal Representative of the Estate of James Chavers v. General Motors Corporation; Alliedsignal, Inc.; and Ford Motor Company, from Hempstead Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR01-1427. Michael Dee Moseley v. State of Arkansas, from Benton Circuit. Affirmed. Imber, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

01-1185. Teresa Ballard et al. and Stephen Cain et al. v. Sheila Martin et al. and Westark Financial Consultants of Jonesboro, Inc. et al., from Craighead Circuit, Western District. Affirmed. Glaze, J., not participating. (26 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-1382. Julian Robert Proctor v. State of Arkansas, from Faulkner Circuit. Affirmed in Part; Reversed and Remanded in Part; Court of Appeals Affirmed as Modified. Glaze, J., dissents in part. (26 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-815. Larry Jegley, In His Official Capacity, And On Behalf of Himself And All Others Similarly Situated v. Elena Picado et al., from Pulaski Circuit, Sixth Division. Affirmed. Brown and Hannah, JJ., concur. Arnold, C.J., and Thornton, J., dissent. (39 PAGES + 6-PAGE CONCURRENCE + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

01-1377. 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. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

01-1310. Larry Froelich v. Billy Dean Graham, from Washington Circuit. Reversed and Remanded. Special Justice Mark Allison joins. Glaze, J., dissents. Hannah, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR01-761. Jason Nugene Turner v. State of Arkansas, from Calhoun Circuit. Affirmed. Imber, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1299. Samuel L. Henderson v. State of Arkansas, from Garland Circuit. Affirmed. Imber, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

01-1030. Billy Mack Nichols, Jr. v. Larry Norris, Director, Arkansas Department of Correction et al., from Jefferson Circuit. Reversed and Remanded. (2 PAGES PUBLISHED) [HTML, WP5.1]

02-2. Vernon K. Dillard v. State of Arkansas, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

01-1258. Alton Stephen Baldwin v. Helen Carr Baldwin, from Pulaski Chancery, Sixth Division. Imber, J., not participating.

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REVIEW DENIED: Petition for review was denied today in the following case.

02-527. Congo Stove, Fireplace & Patio, Inc. et al. v. Edward Rickenbacker, from Workers' Compensation Commission.

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01-1182. Teresa Ballard et al. v. Advance America et al., from Clark Circuit. Motion to amend appellants' petition for rehearing. Motion denied. See per curiam this date. Glaze, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Contempt order. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-39. Derrick Rumunda Moody v. Honorable Russell Rogers, Judge, from Arkansas Circuit, Southern District. Appellant's motion to file enlarged reply brief is denied; motion to supplement appellant's addendum is granted.

CR02-251. Rammie Hall v. State of Arkansas, from Randolph Circuit. Appellee's motion to dismiss appeal is granted.

CR02-306. Jeff Eugene Peltier v. State of Arkansas, from Little River Circuit. Appellee's motion to dismiss appeal is granted.

01-1409. Clarence J. Worth et al. v. Honorable Tom Keith, from Benton Circuit. Order requiring additional briefing. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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. Moot.

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 is granted.

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. Granted 30 days to complete record.

02-619. Howard Cannon et al. v. Elk Horn Bank & Trust Company, from Clark Circuit. Appellee's motion to dismiss appeal is granted.

02-634. Barry Lee Emigh v. Arkansas Securities Commission, an Original Action. An original action petition pursuant to Amendment 7 of the Arkansas Constitution. Appellee's motion to dismiss petition is granted.

02-654. Linda Cox v. Honorable David L. Reynolds, Judge, from Faulkner Probate. Petition for writ of prohibition is denied.

CR01-459. Kenneth Lamar Turner v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion to file supplemental pro se appellant's brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

02-418. Willie Reynolds v. State of Arkansas, from Lincoln Circuit. Pro se motion for appointment of counsel. Motion moot; appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Civil Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Marie-Bernarde Miller, Esq., of Little Rock, Gary Corum, Esq. of Little Rock, and Paul Lindsey, Esq., of Camden are appointed to the Supreme Court Committee on Civil Practice for three-year terms to expire on July 31, 2005. The Court expresses its appreciation to these appointees for their willingness to serve.

The Court thanks Katharine Day Wilson, Esq., of Batesville, Thomas H. McGowan, Esq., of Little Rock, and James M. Pratt, Jr., Esq., of Camden, whose terms have expired, for their years of service on the Committee.

PETITIONS FOR REHEARING:

CR01-644. Gyronne Buckley v. State of Arkansas, from Clark Circuit.

CR01-1312. Ahbrae Jones v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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

01-1021. Arkansas Department of Human Services v. Joyce Cox, from Greene Probate.

01-1329. Teresa Ann Cole v. Allen Laws, III et al., from Pope Circuit.

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PETITIONS FOR REVIEW:

02-528. Len Carver v. Allstate Insurance Company, from Pulaski Circuit, Second Division.

02-624. Wayne Alexander Trust et al. v. City of Bentonville, Arkansas, from Benton Circuit.

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CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to file enlarged brief.

CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h).

CR02-674. James Robert Lord v. State of Arkansas, from Saline Circuit. Motion for rule on clerk.

CR02-684. James Moncel Bibbs v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to file belated appeal.

CR02-686. Jesse Clifton v. State of Arkansas, from Montgomery Circuit. Petition for writ of certiorari to complete the record.

01-1182. Teresa Ballard et al. v. Phyllis Garrett et al., from Clark Circuit. Appellants' motion to recall mandate.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellant's motion to correct brief.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellant's motion to file belated writ of certiorari.

02-189. Advocat, Inc. et al. v. Lon C. Sauer, from Polk Circuit. Motion of American Health Care Association to file amicus curiae brief.

02-189. Advocat, Inc. et al. v. Lon C. Sauer, from Polk Circuit. Motion of Associated Industries of Arkansas, Inc. and Arkansas State Chamber of Commerce to file an amici curiae brief in support of appellants.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Manufactured Housing Institute's motion to file amicus curiae brief.

CA01-530. Karen Diemer v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Appellant's motion for attorney's fees and costs.