Colburn v. State (Glaze, J.) CR02-731

Criminal law -- Offense of August 15 occurred after offense of August 14; August 15 offense was not prior offense for purposes of Ark. Code Ann. § 5-26-305 (Supp. 2001); State's evidence was not substantial; case reversed & remanded. [HTML, WP5.1]

Gondolfi v. Clinger (Thornton, J.) CR02-828

Prohibition, writ of -- No speedy-trial violations found; petition for writ denied. [HTML, WP5.1]

In Re: Estates of Seay v. Quinn (Arnold, C.J.) 02-650

Appeal & error -- 2000 decision stands; all issues & orders prior to 29 November 1999 are moot; record on appeal insufficient; case affirmed. [HTML, WP5.1]

Martinez v. State (Imber, J.) CR01-1114

Criminal law -- Motion to suppress; denial of not clearly against preponderance of evidence where police requested assistance of outside officer & officer's agency had statutorily mandated written policy; appellant's arguments that arrest and search of vehicle were not supported by probable cause held meritless. [HTML, WP5.1]

State v. $258,035.00 U.S. Currency (Arnold, C.J.) 02-1041

Judgment -- Default judgment; matter reversed where trial court lacked authority to set aside original default in absence of motion by adverse party. [HTML, WP5.1]

U.S. Bank v. Milburn (Imber, J.) 01-1318

Appeal & error -- Notice of appeal; supreme court lacked jurisdiction to address issue concerning class-certification order; untimely filing of record; appellant bank barred from pursuing issue regarding appointment of receiver; frivolous appeal; show-cause order issued. [HTML, WP5.1]  Supplemental opinion imposing Rule 11 sanctions delivered April 10, 2003.

Whaley v. Kroger Co. (Arnold, C.J.) 02-874

Attorney& client -- Disqualification of counsel inappropriate here; appeal prosecuted without factual or legal support; motion for Ark. R. Civ. P. 11 sanctions granted. [HTML, WP5.1]

In the Matter of the Retirement of Judge John W. Cole (Per Curiam) [HTML, WP5.1]

Anderson v. Hudson, CR 03-97 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 28, 2003. [HTML, WP5.1]

Berger v. State, CR 02-350 (Per Curiam), remanded February 28, 2003. [HTML, WP5.1]

Gaines v. State, CR 02-101 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted (final extension); Pro Se Motion for Duplication of Tendered Brief at Public Expense moot February 28, 2003. [HTML, WP5.1]

Hoffman v. State, CR 02-683 (Per Curiam), affirmed February 28, 2003. [HTML, WP5.1]

King v. State, CR 02-645 (Per Curiam), Pro Se Motion and Amended Motion to File Supplemental Pro Se Brief; motion and amended motion denied February 28, 2003. [HTML, WP5.1]

Walton v. Post-Prison Transf. Bd., 02-791 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Proceed In Forma Pauperis on Appeal denied February 28, 2003. [HTML, WP5.1]

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

02-650. In the Matter of Estates of J. I. Seay, Sr. and Hilma R. Seay, Deceased, and George L. Seay and James Irby Seay, Jr. v. Helen S. Quinn and BancorpSouth (Formerly First National Bank in Stuttgart, Arkansas), from Arkansas Circuit, Northern District. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

02-874. Joyce Whaley and Keith Whaley v. Kroger Company, from Arkansas Circuit, Southern District. Motion for Sanctions Granted. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

02-1041. State of Arkansas v. $258,035.00 U.S. Currency, $195,320.00 U.S. Currency, Arkansas State Highway and Transportation Department, from Crawford Circuit. Reversed. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-731. David Colburn v. State of Arkansas, from Pulaski Circuit, Fourth Division. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-1114. Raymond A. Martinez v. State of Arkansas, from Lonoke Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

01-1318 and 01-1008. U.S. Bank, N.A., Individually and as Trustee for Empire Funding Home Loan Trust 1997-1; U.S. Bank, N.A., Individually and as Trustee for Empire Funding Loan Trust 1997-2; U.S. Bank, N.A., Individually and as Trustee for Empire Funding Home Loan Trust 1997-3; U.S. Bank, N.A., Individually and as Trustee for Empire Funding Home Loan Trust 1997-4; U.S. Bank, N.A., Individually and as Trustee for Empire Funding Home Loan Trust 1997-5; U.S. Bank N.A., Individually and as Trustee for Empire Funding Home Loan Trust 1998-1; U.S. Bank, N.A., Individually and as Trustee for Empire Funding Home Loan Trust 1998-2 v. Wilma Milburn, from Greene Circuit. Appeal Dismissed. Motion to Dismiss Appeal Moot. (14 PAGES PUBLISHED) [HTML, WP5.1] Supplemental opinion imposing Rule 11 sanctions delivered April 10, 2003. (7 PAGES + 8-PAGE DISSENT PUBLISHED)

RAY THORNTON, JUSTICE:

CR02-828. Chad Gondolfi v. Honorable David S. Clinger, Judge, from Benton Circuit. Petition for Writ of Prohibition Denied. Imber, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-683. Gordon Keith Hoffman v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

03-110. Statco Wireless, LLC v. Southwestern Bell Wireless, LLC, from Pulaski Circuit, Sixteenth Division.

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

02-650. James Irby Seay, Jr. et al. v. Helen S. Quinn et al., from Arkansas Circuit, Southern District. Appellees' motion to dismiss appeal. Moot. See opinion this date.

02-874. Joyce Whaley v. Kroger Company, from Arkansas Circuit, Southern District. Appellee's motion for sanctions is granted. See opinion this date.

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 is denied.

CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion for 90-day extension of stay of proceedings is granted.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion for 90-day extension of stay of proceedings is granted.

CR02-1246. Willie Munn v. State of Arkansas, from Hempstead Circuit. Petition for writ of certiorari to complete the record. Granted 30 days.

02-1057. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion for oral argument is denied.

02-1144. Michael A. Price v. Honorable Marion Humphrey, Judge et al., from Pulaski Circuit, First Division. Motion of Federal Home Loan Mortgage Corporation to dismiss appeal is granted.

02-1194. Michael R. Berry v. Commercial Bank & Trust et al., from Drew Circuit. Appeal dismissed for failure to file briefs pursuant to Arkansas Supreme Court Rule 4-5.

CR02-101. Andra Gaines v. State of Arkansas, from Crittenden Circuit. Pro se motions for extension of time to file brief and for duplication of tendered brief at public expense. Motion for extension of time granted (final extension); motion for duplication of tendered brief moot. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Remanded. See per curiam this date. Imber, J., not participating. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-645. Keith A. King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion and amended motion to file supplemental pro se brief. Motion and amended motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-97. James Ken Anderson v. Honorable Jim Hudson, Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Imber, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-791. Walter Lee Walton v. Post-Prison Transfer Board et al., from Pulaski Circuit, Second Division. Pro se motion for reconsideration of motion to proceed in forma pauperis on appeal. Motion denied. See per curiam this date. Imber, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In the Matter of the Retirement of Judge John W. Cole. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Judge John Walton Cole served with distinction as judge for the Seventh Judicial District from January 1, 1979, to December 31, 2002. During that period, he witnessed and participated in the transformation of the Arkansas judicial system, serving for many years as circuit judge and latterly as circuit-chancery judge.

Prior to assuming his circuit court duties, Judge Cole distinguished himself as Sheridan municipal judge and prosecuting attorney for the Seventh Judicial District. On the circuit court bench, Judge Cole's principal interest remained the criminal law, and he worked constantly to see justice done in that realm.

Recognizing his accomplishments and applauding his efforts, the Supreme Court extends its most sincere best wishes to Judge John W. Cole on the occasion of his retirement.

PETITIONS FOR REHEARING:

01-1307. William Jackson Butt, II et al. v. The Evans Law Firm, P.A. et al., from Washington Circuit.

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

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PETITIONS FOR REVIEW:

CR03-145. Richard L. Cheshire v. State of Arkansas, from Polk Circuit.

03-130. B.J. McAdams et al. v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division.

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CR02-785. Marcellous Cobb v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to substitute corrected brief.

CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief.

CR02-1369. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk.

CR03-170. Carl Johnson et al. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as attorney on direct appeal and for extension of brief time.

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Motion to file belated appeal and for appointment of new counsel.

02-1046. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division. Appellee's motion to accept belated brief.

02-1231. Richard Weiss, Director of the Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion for expedited oral argument.

03-25. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District. Appellants' motion to file supplemental brief.

03-25. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District. Appellee's motion to file supplemental brief.

03-176. Techlin International, Inc. d/b/a Coast to Coast Embroidery Equipment v. Ritter Disposables, Inc., from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR02-22. Karl Douglas Roberts v. State of Arkansas, from Polk Circuit.

CR02-387. Raymond Earl Clampet v. State of Arkansas, from Benton Circuit.

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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