Arkansas Dep't of Human Servs. v. Collier (Brown, J.) 02-1021

Prohibition, writ of -- Inappropriate where circuit court was not wholly without jurisdiction & had already taken action sought to be prohibited; petition denied; purpose of juvenile code made crystal clear; provisions of Ark. Code Ann. § 9-27-302 (Repl. 2002) inapplicable to unborn fetus; respondent judge exceeded statutory authority & order placing fetus in custody of petitioner constituted abuse of discretion; writ of certiorari granted. [HTML, WP5.1]

Barnes v. Everett (Corbin, J.) 01-1148

Attorney & client -- Attorney's statements merely argument made by lawyer on behalf of client; correctly excluded as evidence; trial court did not abuse discretion in refusing to give modified version of AMI Civ. 4th 903. [HTML, WP5.1]

Bennett v. Collier (Arnold, C.J.) 02-1327

Parent & child -- Order terminating parental rights; termination order was final order; respondent judge had no jurisdiction to hold petitioner in contempt of court; petition for writ of habeas corpus granted; motion for belated appeal denied. [HTML, WP5.1]

Cathey v. State (Glaze, J.) CR02-318

Motions -- Motion for directed verdict not renewed until after verdict returned; issue not preserved for review. [HTML, WP5.1]

City of Dover v. City of Russellville (Per Curiam) 02-308

Appeal & error -- Abstract flagrantly deficient; substituted abstract & addendum ordered. [HTML, WP5.1]

Edmond v. State (Corbin, J.) CR01-1050

Criminal law -- First-degree murder; substantial evidence supported jury's verdict; trial court did not abuse its discretion in admitting photograph. [HTML, WP5.1]

Ford Motor Co. v. Harper (Per Curiam) 01-1286

Appeal & error -- Issue of supreme court jurisdiction required further development; rebriefing ordered. [Substituted opinion delivered January 27, 2003.] [HTML, WP5.1]

Gamble v. State (Hannah, J.) CR02-688

Criminal law -- Appellant accused of exercising unauthorized control over pistols; conviction supported by substantial evidence; best-evidence rule inapplicable. [HTML, WP5.1]

Hamilton v. Jones (Per Curiam) 02-749

Contempt - Guilty plea accepted; reduced fine imposed. [HTML, WP5.1]

Judkins v. Hoover (Hannah, J.) 02-068

Wills -- Order admitting will to probate never entered; oral order ineffective until reduced to writing & filed; circuit court never lost subject-matter jurisdiction; no order existed to be set aside. [HTML, WP5.1]

Mills v. State (Imber, J.) CR02-067

Criminal law -- Kidnapping; jury found appellant failed to release child in alive & in safe place; verdict supported by sufficient evidence; assertion that trial court failed to present issue to jury wholly without merit; issue of victim's voluntary release was both placed before, and decided by, jury. [HTML, WP5.1]

Parker v. Sebourn (Arnold, C.J.) 02-803

Civil procedure -- Motion to set aside order terminating parental rights; appellant procedurally barred; motion to set aside for lack of subject-matter jurisdiction must be filed within ninety days unless procedural exception is asserted & applies. [HTML, WP5.1]

Smith, Dennis James v. State (Glaze, J.) CR02-895

Criminal law -- Evidence suggesting kidnapping independently relevant to main issue; reference to other possible crime was not deliberately induced response; no error found in trial court's denial of mistrial motion; appellant inexplicably declined to request limiting instruction; decision precluded reversal; multiple criminal acts not continuing course of conduct; no error to admit appellant's earlier convictions to enhance sentence. [HTML, WP5.1]

Smith, Melton v. State (Per Curiam) CR02-1108

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

State v. Aud (Thornton, J.) CR02-479

Appeal & error - Only issue present in appeal by State was whether trial court erred in its consideration of evidence; appeal dismissed. [HTML, WP5.1]

T&T Chem., Inc. v. Priest (Thornton, J.) 02-286

Taxation -- Existence of class based on illegal-exaction clause of constitution; certification under Ark. R. Civ. P. 23 not required; taxpayers in illegal-exaction suit constituted class as matter of law; appeal from refusal to grant Rule 23 certification of class in illegal-exaction case was not proper basis for interlocutory appeal; appeal dismissed for lack of jurisdiction. [HTML, WP5.1]

Warren v. State (Per Curiam) CR03-021

Motions -- Timely filing of pro se appeal; attorney of record held responsible for being aware of filings in case; motion to be relieved as counsel; denied. [HTML, WP5.1]

In Re: Appointments to Arkansas Continuing Legal Education Board (Per Curiam) [HTML, WP5.1]

Franklin v. Maggio, CR 02-1115 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed January 23, 2003. [HTML, WP5.1]

Hannah v. State, CR 02-680 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk dismissed January 23, 2003. [HTML, WP5.1]

Hodge v. State, CR 02-112 (Per Curiam), affirmed January 23, 2003. [HTML, WP5.1]

McCoy v. State, CR 02-930 (Per Curiam), Pro Se Motions for Extension of Time to File Appellant's Brief, for Duplication of Brief at Public Expense, and for Appointment of Counsel moot; appeal dismissed January 23, 2003. [HTML, WP5.1]

Sanders v. State, CR 02-1116 (Per Curiam), Pro Se Motion for Belated Appeal of Order granted January 23, 2003. [HTML, WP5.1]

Stepps v. State, CA CR 00-1379 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied January 23, 2003. [HTML, WP5.1]

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

02-803. Betty Ann Parker v. David Allen Sebourn, from Lonoke Circuit. Affirmed. Corbin, J., concurs. Glaze and Imber, JJ., dissent. (4 PAGES + 5-PAGE CONCURRENCE + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-1327. Alicia Bennett v. The Honorable Linda P. Collier, from Faulkner Circuit. Motion for Belated Appeal Denied; Petition for Writ of Habeas Corpus Granted. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-318. Eugene Cathey, III v. State of Arkansas, from Saline Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR02-895. Dennis James Smith v. State of Arkansas, from Desha Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR01-1050. Jerry Lural Edmond v. State of Arkansas, from Hempstead Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

01-1148. Karen Barnes v. John C. Everett, from Washington Circuit. Affirmed. Glaze, J., not participating. (16 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

02-1021. Arkansas Department of Human Services v. The Honorable Linda P. Collier, from Faulkner Circuit. Petition for Writ of Prohibition Denied; Petition for Writ of Certiorari Granted. (16 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-67. Buckie Allan Mills v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-479. State of Arkansas v. Michael Aud, from Pulaski Circuit, Fifth Division. Dismissed. Glaze and Imber, JJ., dissent. Arnold, C.J., not participating. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-286. T&T Chemical, Inc. v. Sharon Priest, Secretary of State for the State of Arkansas, and Jimmie Lou Fisher, Treasurer for the State of Arkansas, from Pulaski Circuit, Twelfth Division. Interlocutory Appeal Dismissed; Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-688. Ricky Gamble v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

02-68. Loretta Judkins and Marilyn J. Levinson v. Heather Judkins Hoover, from Pulaski Circuit, Seventeenth Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-112. Tony Hodge v. State of Arkansas, from White Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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.

02-1391. 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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02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Motion for writ of prohibition and motion for writ of mandamus is denied.

02-68. Loretta Judkins et al. v. Heather Judkins Hoover, from Pulaski Circuit, Seventeenth Division. Motion to strike reply brief of appellants is denied. See opinion this date.

02-308. City of Dover, Arkansas v. City of Russellville, Arkansas, from Pope Circuit. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit. Appellant's motion to file substituted abstract and for additional time. Granted 30 days. Corbin, J., not participating.

CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Response to request for motion for rule on the clerk and motion to be relieved as counsel. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR02-1108. Melton Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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 is granted.

02-749. Richard L. Hamilton v. Teddy D. Jones, from Crittenden Circuit. Contempt citation issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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 is granted.

CR02-1243. Bobby Lynn Green v. State of Arkansas, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari to complete the record. Granted 30 days.

03-16. John Luckett v. Honorable Phillip Whiteaker, Judge, from Lonoke Circuit. Petition for writ of prohibition is denied without prejudice to raise issue on appeal.

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

02-1234. In Re: Kenneth George Fuchs (Arkansas Bar ID #81063). Motion for continuance of contempt hearing on January 23, 2003, is denied. Corbin, Thornton, and Hannah, JJ., would grant. (Proceedings of January 22, 2003).

01-1286. Ford Motor Co. and North Point Ford, Inc. v. Milton Harper et al., from Pulaski Circuit, Fifth Division. Rebriefing ordered. See per curiam this date. Corbin, J., dissents. Substituted opinion delivered January 27, 2003. (3 PAGES PUBLISHED) [HTML, WP5.1]

CACR00-1379. Stacey Stepps v. State of Arkansas, from Lonoke Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-680. James Hannah v. State of Arkansas, from Greene Circuit. Pro se motion for reconsideration of motion for rule on clerk. Motion dismissed. See per curiam this date. Arnold, C.J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-930. Leroy King McCoy a/k/a Malik A. Khabir and Leroy McCoy Khabir v. State of Arkansas, from Jackson Circuit. Pro se motions for extension of time to file appellant's brief, for duplication of brief at public expense, and for appointment of counsel. Motions moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1115. Joseph Franklin v. Honorable Mike Maggio, Judge, from Van Buren Circuit. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-1116. Corey Sanders v. State of Arkansas, from Columbia Circuit. Pro se motion for belated appeal of order. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Appointments to Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Harold Evans is reappointed as an at-large member to a three-year term to conclude on December 5, 2005. The Honorable Don Glover of the Fifth Court of Appeals District is reappointed to a three-year term to conclude on December 5, 2005. The Court conveys its appreciation to Mr. Evans and Judge Glover for their willingness to continue their service on this Board.

Michael Hodson of the Third Court of Appeals District is appointed to replace Rex Terry, who has concluded his service. The Court thanks Mr. Terry for his years of service as a member and Chairman of this Board, and appreciates Mr. Hodson's acceptance of this appointment. Mr. Hodson's appointment is for a three-year initial term concluding on December 5, 2005.

In Re: Supreme Court Committee on Child Support. See per curiam of January 17, 2003. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Graham Partlow, Circuit Judge, Retired, of Blytheville and Melinda Gilbert, Esq., of Little Rock are hereby appointed to the Supreme Court Committee on Child Support for four-year terms that will expire on November 30, 2006. The Court thanks Judge Partlow and Ms. Gilbert for accepting appointment to this most important Committee.

The Court expresses its appreciation to Cathleen Compton, Esq., of Little Rock, whose term has expired, for her years of service to the Committee. We posthumously recognize the dedicated and faithful service of Judge Warren Kimbrough to the Child Support Committee.

PETITIONS FOR REVIEW:

02-1046. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division.

02-1394. Arkansas Oklahoma Gas Corporation v. Verda Edith Booth, from Crawford Circuit.

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02-1234. In Re: Kenneth George Fuchs (Arkansas Bar ID #81063). Kenneth George Fuchs is ordered to appear and show cause today at 9:00 a.m.

CACR02-456. Angela Kowalski v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for extension of time to file petition for review.

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellant's motion to file supplemental brief and for brief time.

01-1048. Clarence J. Worth et al. v. City of Rogers et al., from Benton Circuit. Appellees' motion to amend mandate.

02-623. The Bank of Eureka Springs et al. v. Floyd Carroll Evans, from Carroll Circuit, Western District. Joint motion to reschedule oral argument.

02-1022. Keith Jackson v. George S. Ivory, Jr. et al., from Pulaski Circuit, Second Division. Appellees' motion for release of sealed record.

03-37. Thomas S. Leslie v. Sharron J. Leslie, from Boone Circuit. Motion for rule on clerk.

03-45. James Bridges v. Timothy Cater, from Mississippi Circuit, Chickasawba District. Petition for writ of certiorari to complete the record.

01-768. The Coca-Cola Bottling Company of Memphis, Tennessee et al. v. Fred Gill et ux., from Dallas Circuit. Argued orally.

CR02-79. Bruce Jon Kirwan v. State of Arkansas, from Pulaski Circuit, Second Division.

02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit.

02-275. Donald Gene Hudson, Jr. v. Christina Kyle, from Saline Circuit.

02-308. City of Dover, Arkansas v. City of Russellville, Arkansas, from Pope Circuit.

02-492. Gene McWhorter v. Bernice McWhorter, from Phillips Circuit.