Opinions delivered
March 6, 2003
Clampet v. State (Glaze, J.) CR02-387
Criminal law -- Modification of sentence; judge's actions at first revocation hearing amounted to executing appellant's sentence; trial court no longer had subject-matter jurisdiction to modify appellant's sentence; trial court lacked jurisdiction to amend validly executed sentence; trial court's denial of appellant's motion to dismiss reversed. [HTML, WP5.1]
Cloird v. State (Corbin, J.) CR93-284
Criminal law -- Jefferson County had jurisdiction to try appellant; either county had jurisdiction to try appellant; writ of habeas corpus denied where fact that jury concluded appellant was not guilty of kidnapping had no bearing on trial court's power to try him for rape. [HTML, WP5.1]
Copeland v. State (Per Curiam) CR03-180
Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]
Efurd v. State (Per Curiam) CR03-140
Contempt -- Show-cause order issued. [HTML, WP5.1]
Holcombe v. Marts (Hannah, J.) 02-1023
Appeal & error -- Arguments on appeal; appellant has duty to produce sufficient record to support; issue never brought before trial court was not considered on appeal. [HTML, WP5.1]
Matthews v. State (Arnold, C.J.) CR01-1135
Evidence -- Photographs; trial court was within discretion in admitting photographs of victim's wounds; no error with regard to admission of testimony about location of appellant's arrest; no error in limited participation of noncertified foreign-language interpreter. [HTML, WP5.1]
White v. Davis (Glaze, J.) 02-1092
Appeal & error -- No ruling obtained on objection at trial; supreme court could not reach merits on appeal. [HTML, WP5.1]
Campbell v. State, CR 01-1181 (Per Curiam), affirmed March 6, 2003. [HTML, WP5.1]
Eads v. State, CR 02-1326 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed With Appeal of Post-Conviction Order denied March 6, 2003. [HTML, WP5.1]
Flowers v. State, CR 02-1127 (Per Curiam), Pro Se Motions for Rule on Clerk to File a Belated Brief, for Copy of Tendered Brief, and for Copy of Motion for Rule on Clerk moot; appeal dismissed March 6, 2003. [HTML, WP5.1]
Honeycutt v. State, CR 02-554 (Per Curiam), affirmed March 6, 2003. [HTML, WP5.1]
Magby v. State, CR 02-24 (Per Curiam), affirmed March 6, 2003. [HTML, WP5.1]
Young v. State, CR 02-1260 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed March 6, 2003. [HTML, WP5.1]
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR01-1135. Anthony Tyrone Matthews v. State of Arkansas, from Jackson Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR02-387. Raymond Earl Clampet v. State of Arkansas, from Benton Circuit. Reversed and Dismissed. (8 PAGES PUBLISHED) [HTML, WP5.1]
02-1092. Vicki White, Executrix of the Estate of Noel Baker, Jr. v. Daryl Davis, Kevin Davis, and Gary Davis, d/b/a Davis Dairy, d/b/a Davis Bros. Dairy, and d/b/a Davis Dairy Farm, from Searcy Chancery. Affirmed; Court of Appeals Reversed. Brown and Hannah, JJ., dissent. Thornton, J., not participating. (6 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR93-284. Gary T. Cloird, a/k/a Saba Ka Makkali, a/k/a Simba Kali v. State of Arkansas, from Jefferson Circuit. Petition for Writ of Habeas Corpus Denied. Imber, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]
JIM HANNAH, JUSTICE:
02-1023. Chan Holcombe v. Steve Marts d/b/a Steve's Imports and Ray Hodnett and Donna Hodnett, from Crawford Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR01-1181. Calvin Lashawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-24. Leonard Magby v. State of Arkansas, from Garland Circuit. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-554. James M. Honeycutt v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Corbin, J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
01-1307. William Jackson Butt, II et al. v. The Evans Law Firm, P.A. et al., from Washington Circuit. Hannah, J., would grant. Glaze, J., not participating.
02-73. Robert Vanderpool v. Jean Pace, Mayor et al., from Fulton Circuit.
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REVIEW DENIED: Petition for review was denied today in the following case.
03-130. B.J. McAdams et al. v. Alcoholic Beverage Control Division, from Pulaski Circuit, Sixth Division.
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CR03-140. Alisa D. Efurd v. State of Arkansas, from Sebastian Circuit, Greenwood District. Order to show cause. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR02-785. Marcellous Cobb v. State of Arkansas, from Craighead Circuit, Western District. Appellee's motion to substitute corrected brief is granted.
CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief is granted.
CR02-1369. Tracy Donell Simmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk is granted.
CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Motion for belated appeal granted, request for new counsel denied. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
02-1046. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division. Appellee's motion to accept belated brief is granted.
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 is denied.
03-25. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District. Appellants' motion to file supplemental brief is granted.
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 is granted.
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 is granted.
CR02-1127. Clinton Flowers v. State of Arkansas, from Crittenden Circuit. Pro se motions for rule on clerk to file a belated brief, for copy of tendered brief, and for copy of motion for rule on clerk. Appeal dismissed; motions moot. See per curiam this date. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1260. Charles D. Young v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1326. Joseph Wayne Eads v. State of Arkansas, from Crawford Circuit. Pro se motion for rule on clerk to proceed with appeal of post-conviction order. Motion denied. See per curiam this date. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit.
02-492. Gene McWhorter v. Bernice McWhorter, from Phillips Circuit.
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CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration.
CR02-622. Brian Winston v. State of Arkansas, from Phillips Circuit. Petition for writ of certiorari to complete the record and for brief time.
02-462. Donna Garland Summers v. Richard David Garland, from Pope Circuit. Petition to recall decision.
02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett, from Faulkner Circuit. Appellant's motion for stay pending appeal.
02-1354. Jordan Blair v. State of Arkansas, from Crawford Circuit. Motion for reconsideration.
03-194. Valerie Gipson v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk.
02-321. Arkansas Department of Environmental Quality v. Brighton Corporation et al., from Jefferson Circuit. Argued orally.
02-308. City of Dover, Arkansas v. City of Russellville, Arkansas, from Pope Circuit.
02-521. John Dodge et al. v. Andy Lee et al., from Benton Circuit.
02-524. Dan M. Gray v. Nancy Coleman Gray, from Sebastian Circuit, Fort Smith District.
02-610. First National Bank of DeWitt v. William Claude Cruthis, Jr. et al., from Monroe Circuit.
02-729. John E. Searcy III v. Emmett Davenport et al., from Van Buren Circuit.