Berna v. State (Per Curiam) CR83-153

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

Butt v. Evans Law Firm, P.A. (Brown, J.) 01-1307

Motions -- Motion to dismiss granted as to 3019 class members; denied as to appellant intervenor; circuit court abused discretion in applying percentage of contingent attorney's fee against settlement pool in each case rather than against total amount claimed by taxpayers; matter remanded for trial court to assess attorney's fee based on amount claimed by class members; no violation of due process on notice issue; circuit court did not err in finding against appellant intervenor; attorney's fees reversed & remanded for circuit court to determine fees based on amount of actual recovery of illegally paid taxes by class members in school district. [HTML, WP5.1]

In Re: Fuchs (Per Curiam) 02-1234

Contempt -- Master appointed. [HTML, WP5.1]

Kirwan v. State (Imber, J.) CR02-079

Criminal law -- Fact that child was fictional character irrelevant to challenge to sufficiency of evidence; appellant's conduct constituted substantial step toward commission of offense; defendant's motion for directed verdict on charge of attempted rape properly denied; jurisdictional challenge to sufficiency of evidence on pandering charge properly denied by trial court. [HTML, WP5.1]

Scott v. State (Per Curiam) CR01-1052

Appeal & error -- Postconviction relief; matter remanded where court failed to make sufficient written findings. [HTML, WP5.1]

In Re: Administrative Order Number 14 -- Administration of Circuit Courts (Per Curiam) [HTML, WP5.1]

Bautista v. State, CR 01-497 (Per Curiam), Pro Se Motion to File Belated Petition for Rehearing denied January 30, 2003. [HTML, WP5.1]

Donald v. City of West Memphis, 02-1173 (Per Curiam), Pro Se Motion to Proceed In Forma Pauperis on Appeal and Motion to Supplement Record denied January 30, 2003. [HTML, WP5.1]

Ellis v. State, CR 02-1060 (Per Curiam), Pro Se Motions for Extension of Time to File Appellant's Brief dismissed; motions moot January 30, 2003. [HTML, WP5.1]

Newman v. State, CR 02-811 (Per Curiam), Pro Se Motion to Dismiss Mandatory Review of Judgment and Sentence denied January 30, 2003. [HTML, WP5.1]

Van v. State, CR 96-1144 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied January 30, 2003. [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

01-1307. William Jackson Butt, II; Butt-N-Buck Hardwood Plantation, LC; and Three Thousand Nineteen Taxpayer Class Members v. The Evans Law Firm, P.A., E. Kent Hirsch, P.A., and David G. Nixon, from Washington Circuit. Motion to Dismiss Granted in Part and Denied in Part; Appeal Affirmed in Part and Reversed and Remanded in Part; Cross-Appeal Moot. Thornton, J., concurs. Corbin, Imber, and Hannah, JJ., concur in part and dissent in part. Glaze, J., not participating. (27 PAGES + 1-PAGE CONCURRENCE + 3-PAGE CONCURRENCE/DISSENT + 7-PAGE CONCURRENCE/DISSENT + 6-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-79. Bruce Jon Kirwan v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

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

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

02-1312. Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission, from Arkansas Public Service Commission. Thornton, J., not participating.

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

02-1394. Arkansas Oklahoma Gas Corporation v. Verda Edith Booth, from Crawford Circuit. Thornton, J., not participating.

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CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. Reversed and remanded. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

01-1307. William Jackson Butts, II et al. v. The Evans Law Firm et al., from Washington Circuit. Appellees' motion to dismiss appeal of appellant 3,019 taxpayer class members for lack of standing. Moot. See opinion this date.

02-1234. In Re: Kenneth George Fuchs (Arkansas Bar ID #81063). Master appointed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellant's motion to file supplemental brief and for brief time. Granted as to guilt phase; 30 days.

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

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

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

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

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

02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Pro se motion for writ of prohibition and writ of mandaus is denied.

CR83-153. Rickie Earn Berna v. State of Arkansas, from Crawford Circuit. Pro se motion for rule on clerk. Motion dismissed. See per curiam this date. Arnold, C.J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR96-1144. Lamont Van v. State of Arkansas, from Pulaski Circuit, Second Division. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-497. Leonel Bautista v. State of Arkansas, from Crittenden Circuit. Pro se motion to file belated petition for rehearing. Motion denied. See per curiam this date. Arnold, C.J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-811. Rickey Dale Newman a/k/a Ricky Dale Newman v. State of Arkansas, from Crawford Circuit. Pro se motion to dismiss mandatory review of judgment and sentence. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-1060. Antonia Dewayne Ellis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for extension of time to file appellant's brief. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

02-1173. Archie M. Donald v. City of West Memphis, Arkansas, from Crittenden Circuit. Pro se motion to proceed in forma pauperis on appeal and motion to supplement record. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Administrative Order No. 14 — Administration of Circuit Courts. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

CR02-662. Calvin Morris v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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PETITIONS FOR REVIEW:

03-25. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District.

03-28. Paul A. Culbreath et ux. v. Majoria F. DeShazo et al., from Fulton Circuit.

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CR01-1276. Larry LeClere v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to publish opinion.

CR02-85. John J. Hardin v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR02-826. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file an enlarged brief.

CR02-964. James Hutts v. State of Arkansas, from Yell Circuit, Northern District. Motion to be relieved as attorney of record or in the alternative motion for continuance.

CR02-1166. Rodney Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to compel compliance with Arkansas Supreme Court Rule 4-2(a)(5).

CR02-1364. Curtis Dwain Reese, Jr. v. State of Arkansas, from Saline Circuit. Motion to be relieved as counsel.

CR03-55. Richard Maxwell v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk.

01-1008. Wilma Milburn v. U. S. Bank, from Greene Circuit. Motion and supplement to motion to dismiss notice of appeal.

02-650. James Irby Seay, Jr. et al. v. Helen S. Quinn et al., from Arkansas Circuit, Northern District. Appellees' motion to dismiss appeal.

02-1194. Michael R. Berry v. Commercial Bank & Trust Company et al., from Drew Circuit. Appellees' motion to dismiss appeal.

02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Appellant's motion to file exhibits.

03-52. Barbara Merrell et al. v. Rick Branham, from Prairie Circuit, Northern District. Motion for rule on clerk.

03-57. Union Pacific Railroad Company et al. v. Chris Barber et al., from St. Francis Circuit. Petition for writ of certiorari to complete the record.

01-1318. U. S. Bank v. Wilma Milburn, from Greene Circuit. Argued orally.

CR01-95. Raymond Sanders v. State of Arkansas, from Grant Circuit.

CR02-599. Joy Danielle Doss v. State of Arkansas, from Washington Circuit.

02-650. James Irby Seay, Jr. et al. v. Helen S. Quinn et al., from Arkansas Circuit, Northern District.

02-717. Robbie R. Jones et al. v. Double "D" Properties, Inc. et al., from Sebastian Circuit, Fort Smith District.