Opinions delivered
February 13, 2003
Anderson v. State (Per Curiam) CR02-1175
Criminal procedure -- Appellant had already served sentence imposed; petition moot & new trial appropriate; request for issuance of writ of habeas corpus denied; issue also moot. [HTML, WP5.1]
Arkansas Pharm. Ass'n, Inc. v. Arkansas State & Pub. Sch. Life & Health Ins. Bd. (Glaze, J.) 02-929
Administrative law & procedure -- Board's action in carrying out its statutorily appointed duties was not of general applicability; action did not constitute adoption of rule; testimony & evidence clearly supported conclusion that prescription drug benefits plan offered to state & public school employees consisted of terms & conditions of pharmacy benefits management contract, and not some independent plan; summary judgment in favor of appellees properly granted. [HTML, WP5.1]
Gulley v. State (Per Curiam) CR03-083
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]
Sanders v. State (Corbin, J.) CR01-095
Criminal procedure -- Postconviction relief; trial court abused discretion in dismissing appellant's Rule 37 petition where only certificate of service went beyond ten-page limit; trial court did not err in denying appellant's motion to file enlarged petition; trial court abused discretion in refusing to allow petition to be supplemented with allegations regarding criminal relationship between prosecutor & defense counsel; appellant set forth sufficient facts in petition demonstrating that he was entitled to claims in evidentiary hearing. [HTML, WP5.1]
Summers v. Garland (Thornton, J.) 02-462
Criminal law -- Guilty plea coupled with fine & probation constitutes conviction; trial court correctly determined that appellee was convicted of felony; contingent remainder; one-half of trust property vested in appellant on date appellee was convicted of felony. [HTML, WP5.1]
Charton v. State, CR 02-60 (Per Curiam), rebriefing ordered February 13, 2003. [HTML, WP5.1]
Lamere v. State, CR 02-155 (Per Curiam), Pro Se Motion to Supplement Record on Appeal denied February 13, 2003. [HTML, WP5.1]
Mayberry v. State, CA CR 01-900 (Per Curiam), Pro Se Motion for Photocopy of Transcript and Briefs at Public Expense denied February 13, 2003. [HTML, WP5.1]
McGuire v. Norris, 02-1222 (Per Curiam), Pro Se Motions for Extension of Time to File Brief and for Appointment of Counsel moot; appeal dismissed February 13, 2003. [HTML, WP5.1]
Moore v. State, CR 02-983 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted February 13, 2003. [HTML, WP5.1]
Rhodes v. Reynolds, CR 02-1126 (Per Curiam), Pro Se Motions for Reinstatement of Mandamus Petition and for Reconsideration of Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed February 13, 2003. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
02-929. Arkansas Pharmacist's Association, Inc., Sunnymede Pharmacy, Inc., Bryant's Investments and Holding, Inc., Sims Drug, Inc., Gary Fancher, P.D., d/b/a Flippin Pharmacy v. Arkansas State and Public School Life and Health Insurance Board, Arkansas Department of Finance and Administration - Employee Benefits Division, and Advance PCS, Inc., from Pulaski Circuit, Seventh Division. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR01-95. Raymond C. Sanders Jr. v. State of Arkansas, from Grant Circuit. Reversed and Remanded. (13 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
02-462. Donna Summers v. Richard David Garland, from Pope Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR02-570. Rex E. Bradford v. State of Arkansas, from St. Francis Circuit. Glaze, Corbin, and Imber, JJ., would grant.
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REVIEWS DENIED: Petitions for review were denied today in the following cases.
03-29. Glenn Fast v. Northtown Auto Sales, Inc. et al., from Boone Circuit.
03-74. Bobbie Holland and Donald Holland v. Stephen F. Lefler, M.D. et al., from White Circuit.
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CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Appellant's motion to supplement the record. Granted 30 days.
CR02-1297. Mark Allen Elser v. State of Arkansas, from Crawford Circuit. Appellee's motion to file supplemental brief is granted.
CR03-83. Jason J. Gulley v. State of Arkansas, from Clark Circuit. Motion for belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
02-321. Arkansas Department of Environmental Quality v. Brighton Corporation et al., from Jefferson Circuit. Suggestion of bankruptcy is denied.
02-244. NCS Healthcare of Arkansas, Inc. v. W. P. Malone, Inc., from Clark Circuit. Appellee's motion to amend mandate to re-tax costs is denied. Arnold, C.J., not participating.
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 is denied.
02-1211. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit. Appellants' motion to file a supplemental brief is granted. Hannah, J., not participating.
02-1310. Michael D. Huckabee v. Ben Allen et al., from Pulaski Circuit, Fifth Division. Appellant's motion to dismiss appeal without prejudice is granted.
03-67. Mundaca Financial Services, L.L.C. v. Milton Harold Jackson, Jr. et al., from Pulaski Circuit, Fifteenth Division. Appellant's motion to consolidate record is denied.
03-84. William T. Acuff v. Honorable Robert C. Vittitow, Judge, from Ashley Circuit. Petition for writ of prohibition is denied without prejudice. Glaze, J., not participating.
CR01-1131. Randy Ladon Anderson v. State of Arkansas, from Chicot Circuit. Writ of certiorari issued. See per curiam issued. (Proceedings of February 10, 2003).
CACR01-900. Edward Eugene Mayberry, Jr. v. State of Arkansas, from Hot Spring Circuit. Pro se motion for photocopy of transcript and briefs at public expense. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-60. Jerald M. Charton v. State of Arkansas, from Conway Circuit. Rebriefing ordered. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-155. Fred Michael Lamere v. State of Arkansas, from Saline Circuit. Pro se motion to supplement record on appeal. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-983. Willie Lee Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1126. John Rhodes v. Honorable David Reynolds, Judge, from Van Buren Circuit. Pro se motions for reinstatement of mandamus petition and for reconsideration of motion for rule on clerk to file mandamus petition without record. Motions dismissed. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1175. James Ken Anderson a/k/a James Kenneth Anderson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motions for transcript and for extension of time to file brief, for briefs to be duplicated at state expense, and to supplement record. Appeal dismissed; motions moot. See per curiam this date. Imber, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]
02-1222. Michael Joe McGuire v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motions for extension of time to file brief and for appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1219. John Ragsdale v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal.
CR02-1235. Timothy Allen Oliver v. State of Arkansas, from Sevier Circuit. Appellant's motion to incorporate record of direct appeal.
CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for stay of briefing schedule or for extension of time.
02-703. City of Benton v. Salem Water Users Association, Inc. et al., from Saline Circuit. Appellant's motion to declare litigation settled.
02-873. R.S. McCullough v. Circuit Court of Ashley County, from Ashley Circuit. Appellant's motion to file belated brief.
02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion to dismiss appeal.
02-1327. Alicia Bennett v. Honorable Linda P. Collier, Judge, from Faulkner Circuit. Appellant's motion for reconsideration.
02-1336. Fannie Fields et al. v. Marvell School District et al., from Pulaski Circuit, Seventh Division. Appellants' motion to file belated brief.
02-1337. Summit Mall Company, LLC et al. v. Russell Lemond et al., from Pulaski Circuit, Seventeenth Division. Appellants' motion to correct the record.
02-1365. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Appellants' motion to file supplemental brief.
02-1365. D'Arbonne Construction Co., Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Appellees' motion to file supplemental brief.
02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellants' motion to file supplemental brief.
02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellee's motion to file supplemental brief.
02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellee's motion to require additional security for continued stay of execution or, to dissolve stay of execution.
03-103. Springdale Diagnostic Clinic, P. A. v. Northwest Physicians, L.L.C. et al., from Washington Circuit. Motion for rule on clerk.
03-117. Georgia Boyd et al. v. Helena-West Helena Public School District et al., from Phillips Circuit. Motion for rule on clerk.
03-117. Georgia Boyd et al. v. Helena-West Helena Public School District et al., from Phillips Circuit. Motion to expedite.
03-118. Eddie King et al. v. Lee County School District et al., from Lee Circuit. Motion for rule on clerk.
03-118. Eddie King et al. v. Lee County School District et al., from Lee Circuit. Motion to expedite.
03-123. Danny Hall et al. v. W. Bruce Leasure d/b/a Leasure Law Firm, from Pulaski Circuit, Fifth Division. Motion for rule on clerk.
CR02-104. Alvin Jackson v. State of Arkansas, from Jefferson Circuit. Argued orally.
CR01-1135. Anthony Tyrone Matthews v. State of Arkansas, from Jackson Circuit.
CR02-731. David Colburn v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR02-852. Jimmy Ray Heikkila v. State of Arkansas, from Benton Circuit.
02-866. Reggie Chavers et al. v. EPSCO, Inc., from Craighead Circuit, Western District.
02-1023. Chan Holcombe v. Steve Marts et al., from Crawford Circuit.