ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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351 Ark.

Opinions delivered
January 16, 2003
January 17, 2003


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Opinions delivered
January 16, 2003

Bullock v. Pace (Per Curiam) 02-1079

Appeal & error -- Pro se motion to proceed in forma pauperis on appeal of civil judgment; denied. [HTML, WP5.1]

Cave City Nursing Home, Inc. v. Arkansas Dep't of Human Servs.
    (Thornton, J.) 01-826
(dissent only) [HTML, WP5.1]

Dugger v. State (Per Curiam) CR02-637

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

Morris v. State (Brown, J.) CR02-662

Trial -- Instruction on second-degree murder; circuit court erred in refusing to give where jury could have believed evidence supported "knowing" mental state; evidence did not rise to level of rational basis to warrant giving instruction on manslaughter ; trial court did not err in determining evidence did not support giving instruction on manslaughter. [HTML, WP5.1]

Simmons v. State (Per Curiam) CR02-1369

Appeal & error -- Motion for rule on clerk; denied. [HTML, WP5.1]

Opinion delivered
January 17, 2003

APPENDIX

APPOINTMENTS TO COMMITTEES

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

OPINIONS NOT DESIGNATED FOR PUBLICATION

Boyland v. State, CA CR 00-1427 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied January 16, 2003. [HTML, WP5.1]

Burger v. State, CR 02-350 (Per Curiam), Pro Se Motion for Due Process and to Deny Further Extension of Brief Time to Appellee moot January 16, 2003. [HTML, WP5.1]

Burgie v. State, CR 02-90 (Per Curiam), Pro Se Motion to Submit Additional Points for Reversal denied January 16, 2003. [HTML, WP5.1]

Campbell v. State, CR 02-953 (Per Curiam), Pro Se Motion for Extension of Time to File Brief & for Access to Trial Transcript granted January 16, 2003. [HTML, WP5.1]

Donald v. City of West Memphis, CR 02-1179 (Per Curiam), Pro Se Motion to Proceed In Forma Pauperis on Appeal denied January 16, 2003. [HTML, WP5.1]

Gaines v. State, CR 02-747 (Per Curiam), Pro Se Motion to File a Belated Brief moot; appeal dismissed January 16, 2003. [HTML, WP5.1]

Hodges v. Norris, 02-786 (Per Curiam), Pro Se Motion to File Belated Brief granted January 16, 2003. [HTML, WP5.1]

Miner v. State, CR 02-671 (Per Curiam), Pro Se Motion for Belated Appeal denied January 16, 2003. [HTML, WP5.1]

Weaver v. State, CR 95-1205 (Per Curiam), Pro Se Motion for Photocopy of Appellant's Brief, Transcript, & Other Material at Public Expense denied January 16, 2003. [HTML, WP5.1]


ORIGINAL SYLLABUS

ROBERT L. BROWN, JUSTICE:

CR02-662. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed in Part; Reversed and Remanded in Part. Imber, J., concurs in part and dissents in part. (10 PAGES + 10-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

01-826. Cave City Nursing Home, Inc. v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Thornton, J., would grant. (3-PAGE DISSENT ONLY PUBLISHED) [HTML, WP5.1]

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

02-1365. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster, from Ashley Circuit. Corbin and Hannah, JJ., would deny.

02-1380. Harold L. "Bud" Ward et al. v. James R. Williams, from Saline Circuit. Corbin and Hannah, JJ., would deny.

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

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

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

02-1368. Wal-Mart Stores, Inc. et al. v. Rebecca Sands, from Workers' Compensation Commission. Corbin, J., not participating.

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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. Granted; remanded to Circuit Judge to establish a procedure to protect chain of custody of the hair and its return. Upon his determination, the Supreme Court will release the evidence to that person.

CR02-1369. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk is denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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 is granted.

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. Passed until case submitted.

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

02-929. Arkansas Pharmacist's Association, Inc. et al. v. Arkansas State and 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. Granted as to belated filing.

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

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

02-1388. Natasha Saine v. Comcast Cablevision of Arkansas, Inc., from Pulaski Circuit, Third Division. Motion to file affidavits and reply to response to motion for writ of certiorari to complete record. Moot.

CR02-637. Charles Dugger v. State of Arkansas, from Lonoke Circuit. Motion to supplement the record is granted; contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR95-1205. Georgia Weaver v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopy of appellant's brief, transcript, and other material at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR00-1427. Ashford T. Boyland v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-90. Eric Burgie v. State of Arkansas, from Garland Circuit. Pro se motion to submit additional points for reversal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-350. Russell Burger v. State of Arkansas, from Faulkner Circuit. Pro se motion for due process and to deny further extension of brief time to appellee. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-671. Jeffrey Miner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for belated appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-747. Anthony Gaines v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion to file a belated brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-953. Calvin Lashawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief and for access to trial transcript. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1179. Archie M. Donald v. City of West Memphis, Arkansas, from Crittenden Circuit. Pro se motion to proceed in forma pauperis on appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

02-786. Michael Britt Hodges v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to file belated brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-1079. Erik Bullock v. Shiwona Pace, from Pulaski Circuit, Sixth Division. Pro se motion to proceed in forma pauperis on appeal. Motion denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

02-1293. Superior Senior Care, Inc. v. Director of Arkansas Employment Security Department, from Arkansas Board of Review.

02-1295. D. M. Riche, Inc. v. McGowan Working Partners, Inc., from Union Circuit.

02-1312. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Arkansas Public Service Commission.

02-1391. Michael L. Finkus v. Three Lakes Distributing, from Arkansas Workers' Compensation Commission.

02-1392. Clifford Mickle v. DeQueen Regional Medical Center et al., from Arkansas Workers' Compensation Commission.

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02-749. Richard L. Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Iris L. Brooks is ordered to appear and show cause today at 9:00 a.m.

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Appellant's motion to file supplemental abstract and for additional time.

CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Response to request for motion for rule on clerk.

CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to be relieved as counsel.

CR02-1108. Melton Oscar Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's second motion for rule on clerk.

02-712. Michael Anthony Price v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Joint motion for stay of appeal proceedings.

02-1214. Dr. George L. Conner, III, M.D. et al. v. Honorable L. T. Simes, Judge, from St. Francis Circuit. Petitioners' motion to supplement/consolidate the record.

CR02-1243. Bobby Lynn Green v. State of Arkansas, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari to complete the record.

03-16. John Luckett v. Honorable Phillip Whiteaker, Judge, from Lonoke Circuit. Motion for assignment of briefing schedule and stay of lower court proceedings.

03-16. John Luckett v. Honorable Phillip Whiteaker, Judge, from Lonoke Circuit. Petition for writ of prohibition.

SUBMISSIONS

01-1315. Marcus Carter et al. v. Four Seasons Funding Corporation, from Pulaski Circuit, Sixteenth Division. Argued orally.

CR01-1050. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit.

CR02-67. Buckie Allan Mills v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR02-318. Eugene Cathey, III v. State of Arkansas, from Saline Circuit.

01-1286. Ford Motor Company et al. v. The Reverend Milton Harper et al., from Pulaski Circuit, Third Division.

02-68. Loretta Judkins et al. v. Heather Judkins Hoover, from Pulaski Circuit, Seventeenth Division.