Arkansas County v. Desha County (Arnold, C.J.) 01-1085

Equity -- Laches; appellant county barred from asserting plant site was in appellant county; trial court's finding that appellee county always exercised control over land not clearly erroneous. [HTML, WP5.1]

Bradford v. State (Brown, J.) CR02-570

Criminal procedure -- Appeal from guilty plea; compliance with Ark. R. Crim. P. 25.3(b) mandatory; matter reversed & remanded for trial court to follow mandates of rule; Ark. Code Ann. § 16-65-121 superseded; trial court was within its authority to modify sentence pronounced prior to entry of judgment; accepted guilty plea was never effective judgment of conviction; Ark. Code Ann. § 5-1-112(2) superseded to extent it conflicts with Admin. Order No. 2 & caselaw. [HTML, WP5.1]

Buie v. State (Per Curiam) CR02-1195

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

Davis v. State (Thornton, J.) CR02-534

Criminal procedure -- Totality of circumstances gave rise to reasonable suspicion sufficient to make investigatory stop; trial court did not err; officer had reasonable suspicion to search appellant; pat-down search justified under totality of circumstances; officers justified in stopping & searching appellant; trial court's denial of appellant's motion to suppress affirmed. [HTML, WP5.1]

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

Ligon v. Price (Per Curiam) 02-1328 [HTML, WP5.1]

Berna v. State, CR 83-153 (Per Curiam), Pro Se Motion and Amended Motion for Rule on Clerk, Motion for Default Judgment, and Motion for Discovery; motions dismissed January 9, 2003. [HTML, WP5.1]

Boatman v. State, CR 02-1048 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Order denied January 9, 2003. [HTML, WP5.1]

Clorid v. State, CR 93-284 (Per Curiam), Pro Se Motion for Oral Argument dismissed January 9, 2003. [HTML, WP5.1]

Gipson v. State, CR 02-636 (Per Curiam), Pro Se Petition for Writ of Certiorari, Motion and Amended Motion for Appointment of Counsel and Motions for Extension of Brief Time; appeal dismissed; petition and motions moot January 9, 2003. [HTML, WP5.1]

Hutts v. State, CR 02-964 (Per Curiam), Pro Se Motion for Belated Appeal of Order is treated as motion for rule on clerk and granted January 9, 2003. [HTML, WP5.1]

Leclere v. State, CR 01-1276 (Per Curiam), affirmed January 9, 2003. [HTML, WP5.1]

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

01-1085. Arkansas County v. Desha County, Arkansas Electric Cooperative Corp., and Public Service Commission, from Arkansas Chancery, Southern District. Affirmed. Hannah, J., not particitpating. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-570. Rex E. Bradford v. State of Arkansas, from St. Francis Circuit. Reversed and Remanded. Glaze, Corbin and Imber, JJ., dissent. (12 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-534. Lee Roy Davis v. State of Arkansas, from Union Circuit. Court of Appeals Reversed; Trial Court Affirmed. Brown and Hannah, JJ., dissent. Imber, J., not participating. (13 PAGES + 4-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR01-1276. Larry Leclere v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR01-1170. Phillip Dewayne Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

CR02-1296. Rudolph Zangerl, III v. State of Arkansas, from Arkansas Circuit, Northern District.

CR02-1297. Mark Allen Elser v. State of Arkansas, from Crawford Circuit.

02-1211. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Hannah, J., not participating.

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

CR02-1291. Michael J. Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR02-1292. Eugene William Beck v. State of Arkansas, from Crawford Circuit.

CR02-1318. Dennis Burnette v. State of Arkansas, from Miller Circuit. Glaze, J., not participating.

02-1279. Joe Whisenhunt et al. v. First State Bank of Conway, from Faulkner Circuit.

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CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Appellant's motion to file enlarged brief is granted. Corbin, J., not participating.

CR02-1195. Edward Henry Buie v. State of Arkansas, from Garland Circuit. Appellant's second motion for rule on clerk is treated as motion for belated appeal and is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-1364. Curtis Dwain Reese v. State of Arkansas, from Saline Circuit. Motion of

R. Jake Goheen to be relieved as counsel for appellant is denied.

01-1408. Sharlett Craig et al. v. Bonita Berrell Carrigo et al., from Pulaski Circuit, Twelfth Division. Appellees' motion to dismiss portion of appeal is denied.

02-68. Loretta Judkins et al. v. Heather Judkins Hoover, from Pulaski Circuit, Seventeenth Division. Motion to strike appellant's reply brief to be submitted with case.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit. Appellant's motion for permission to file revised reply and brief is denied.

02-703. City of Benton v. Salem Water Users Association, Inc. et al., from Saline Circuit. Appellant's motion to declare litigation settled or, alternatively, to remand for further proceedings is remanded to trial court for further proceedings to determine if there is a binding settlement. Remanded for 30 days.

02-703. City of Benton v. Salem Water Users Association, Inc. et al., from Saline Circuit. Joint motion to dismiss appeal is denied.

02-1182. Elizabeth Miller et al. v. Betty Dickerson et al., from Garland Circuit. Appellants' motion to supplement the record is granted for 5 days. Glaze, J., not participating.

02-1211. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion for immediate stay of appellate proceedings is denied. Hannah, J., not participating.

02-1334. Hannah Labeau Rutherford et al. v. Arkansas Department of Human Services, from Benton Circuit. Motion for rule on clerk is denied.

02-1334. Hannah Labeau Rutherford et al. v. Arkansas Department of Human Services, from Benton Circuit. Motion to proceed in forma pauperis is moot.

02-1336. Fannie Fields et al. v. Marvel School District No. 22, from Pulaski Circuit, Seventh Division. Appellants' second motion to expedite appeal is granted.

02-1377. Stanley K. Delancy v. State of Arkansas, from Chicot Circuit. Appellant's petition to stay lower court proceedings is denied. Glaze, Corbin, and Imber, JJ., not participating. (Proceedings of December 27, 2002.)

CR83-153. Rickie Earn Berna v. State of Arkansas, from Crawford Circuit. Pro se motion and amended motion for rule on clerk, motion for default judgment, and motion for discovery. Motions are dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR93-284. Gary T. Clorid a/k/a Simba Kali, a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion for oral argument is dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-636. Danny Gipson v. State of Arkansas, from Crawford Circuit. Pro se petition for writ of certiorari, motion and amended motion for appointment of counsel and motions for extension of brief time. Appeal dismissed. Petition and motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-964. James Hutts v. State of Arkansas, from Yell Circuit, Northern District. Pro se motion for belated appeal of order is treated as motion for rule on clerk and granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1048. Willie Boatman v. State of Arkansas, from Independence Circuit. Pro se motion for rule on clerk to proceed with appeal of order is denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

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

The Honorable Richard Moore, Circuit Judge, Sixth Judicial Circuit, is appointed to the Civil Practice Committee to fill the unexpired term of Judge John Ward, who has resigned from the Committee. This term expires on July 31, 2003. We thank Judge Moore for accepting appointment to this important Committee.

We designate Judge Andree Roaf of the Arkansas Court of Appeals as the Chair of the Committee and thank her for her willingness to serve in this capacity.

The Court expresses its appreciation to Judge Ward for his dedicated service to the Committee as its Chair.

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID Number 81133, from Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In accordance with Amendment 28 of the Constitution of Arkansas and pursuant to Section 13A of the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law, we hereby assign Jack Lessenberry of Little Rock, to act as Special Judge to preside over the disbarment proceedings of Michael Anthony Price.

PETITIONS FOR REVIEW:

CR02-1378. Douglas Reeves v. State of Arkansas, from Pope Circuit.

CR02-1379. Earmon Wright v. State of Arkansas, from Pulaski Circuit, Sixth Division.

02-1365. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster, from Ashley Circuit.

02-1368. Wal-Mart Stores, Inc. et al. v. Rebecca Sands, from Workers' Compensation Commission.

02-1380. Harold L. "Bud" Ward et al. v. James R. Williams, from Saline Circuit.

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CR80-40. Eugene I. Pitts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion for release of evidence for testing.

CR02-637. Charles Dugger v. State of Arkansas, from Lonoke Circuit. Ronald Carey Nichols ordered to appear and show cause.

CR02-161. David Alan Anderson v. State of Arkansas, from Greene Circuit. Appellant's motion to settle the record and for extension of time to file reply brief.

CR02-1013. Jimmy R. Smart, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for Court to view color photographs in record.

02-874. Joyce Whaley et al. v. Kroger Company, from Arkansas Circuit, Southern District. Appellee's motion for sanctions.

02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State & Public School Life and Health Insurance Board et al., from Pulaski Circuit, Seventh Division. Appellants' motion to stay deadline for filing reply pending appellants' motion to strike.

02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State & Public School Life and Health Insurance Board et al., from Pulaski Circuit, Seventh Division. Appellants' combined motion to strike.

02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Motion for writ of prohibition and motion for writ of mandamus.

02-1388. Natasha Saine v. Comcast Cablevision of Arkansas, Inc., from Pulaski Circuit, Third Division. Motion for writ of certiorari to complete the record.

01-1148. Karen Barnes v. John C. Everett, from Washington Circuit. Argued orally.

CR01-1132. Dennis James Smith v. State of Arkansas, from Drew Circuit.

CR02-479. State of Arkansas v. Michael Aud, from Pulaski Circuit, Fifth Division.

CR02-688. Ricky Gamble v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR02-895. Dennis James Smith v. State of Arkansas, from Desha Circuit, Arkansas City District.

02-1021. Arkansas Department of Human Services v. Honorable Linda P. Collier, Judge, from Faulkner Circuit.

02-1327. Alicia Bennett v. Honorable Linda P. Collier, Judge, from Faulkner Circuit.