Benevidez v. State (Hannah, J.) CR02-611

Search & seizure -- Georgia police had probable cause to believe that appellant resided in apartment; trial court's denial of motion to suppress not clearly erroneous. [HTML, WP5.1]

Carwell Elevator Co. v. Leathers (Hannah, J.) 02-240

Taxation -- Illegal-exaction suit; res judicata inapplicable; parties did not have full & fair opportunity to litigate issue in question; appellants did not receive required notice; laches inapplicable; refunds available in illegal-exaction cases; case remanded for decision by trial court. [HTML, WP5.1]

Harness v. State (Imber, J.) CR02-452

Criminal law -- Sentencing; conditions in suspended sentence modified so appellant no longer required to report to supervising officer; statutes did not empower circuit court to revoke appellant's suspended sentence before commencement of period of suspension; earlier amended judgment & commitment order reinstated. [HTML, WP5.1]

Hudson v. Kyle (Imber, J.) 02-275

Parent & child -- Termination of parental rights; reversed & remanded for new trial on motion to terminate visitation. [HTML, WP5.1]

Jackson v. State (Thornton, J.) CR02-104

Substituted opinion on denial of rehearing delivered April 24, 2003; appears in syllabus that date. [HTML, WP5.1]

Murphy v. City of West Memphis (Arnold, C.J.) 02-990

Municipal corporations -- Ordinances; appellants failed to overcome presumption that enactment of ordinances was arbitrary or unreasonable; appellee city followed proper procedure in enacting ordinances. [HTML, WP5.1]

Warren v. State (Per Curiam) CR03-21

Appeal & error -- Ark. R. App.P.--Crim 16; matter remanded to trial court to settle record. [HTML, WP5.1]

Weatherford v. State (Corbin, J.) CACR02-415

Appeal & error -- Authorities on appeal; rule prohibiting citation to unpublished opinions did not result in due-process violation under state constitution; counsel not restricted from setting forth facts of case & demonstrating how they do not rise to level of sufficient evidence. [HTML, WP5.1]

In Re: Arancibia (Per Curiam) 03-254 [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions-- Criminal (Per Curiam) [HTML, WP5.1]

Crain v. State, CR 03-68 (Per Curiam), Pro Se Motion to Dismiss Appeal granted March 20, 2003. [HTML, WP5.1]

LeMaire v. State, CR 02-732 (Per Curiam), affirmed March 20, 2003. [HTML, WP5.1]

Nichols v. Harmon, 02-567 (Per Curiam), rebriefing ordered March 20, 2003. [HTML, WP5.1]

Pugh v. State, CR 02-1288 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed March 20, 2003. [HTML, WP5.1]

Watts v. State, CR 02-1217 (Per Curiam), Pro Se Motion for Duplication of Appellant's Brief at Public Expense moot; appeal dismissed March 20, 2003. [HTML, WP5.1]

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

02-990. Ruby Murphy, Juanita Sandusky, Meramec Specialty Company v. City of West Memphis, The American Fireworks Company, Inc., from Crittenden Circuit. Affirmed. Corbin and Imber, JJ., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CACR02-415. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for Leave to File Brief Incorporating Citation to Unpublished Opinions Denied. (14 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-452. Kenneth Harness v. State of Arkansas, from Crawford Circuit. Affirmed as Modified. Corbin, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

02-275. Donald Gene Hudson v. Christina Kyle, from Saline Circuit. Reversed and Remanded. Arnold, C.J., and Thornton, J., dissent. (9 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-104. Alvin Bernal Jackson, a/k/a Rahman X v. State of Arkansas, from Jefferson Circuit. Affirmed. Imber, J., concurs. Substituted opinion on denial of rehearing delivered April 24, 2003; appears in syllabus that date. (15 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-611. Roberto Benevidez v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. Glaze, J., concurs. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

02-240. Carwell Elevator Co., Inc, and Poinsett Rice & Grain, Inc. v. Timothy Leathers, Commissioner of Revenue; and Arkansas Rice Research and Promotion Board, from Pulaski Circuit, Thirteenth Division. Reversed and Remanded. Glaze, Imber, and Thornton, JJ., concur in part and dissent in part. (11 PAGES + 2-PAGE CONCURRENCE/DISSENT + 4-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-732. Tammy LeMaire v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-185. Steven Ray Brunk, Jr. v. State of Arkansas, from Crawford Circuit.

03-171. Thomas F. Randles et ux. v. Billy Eugene Cole et ux., from Benton Circuit.

03-184. Judith Rebecca Hass v. Farrell Dewitt Hass, M.D., from Washington Circuit.

03-188. Tyrone Terrell v. Arkansas Trucking Service et al., from Workers' Compensation Commission.

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CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration. Remanded to settle the record. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-161. David Alan Anderson v. State of Arkansas, from Greene Circuit. Motion for extension of time to file reply brief and settle the record is granted.

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Petition for writ of certiorari to complete the record and to stay brief time is granted.

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Pro se petition for writ of certiorari to complete the record and to stay brief time. Moot.

CR03-220. Brian White v. Honorable Berlin C. Jones, Judge, from Jefferson Circuit. Petition for temporary and permanent writs of prohibition is denied without prejudice.

01-836. Lake View School District No. 25 et al. v. Mike Huckabee, Governor of the State of Arkansas et al., from Pulaski Chancery, Second Division. State defendants' supplemental motion for award of costs against Lake View and its counsel. Granted, with payment to be made to the Attorney General's Office at the time Lake View attorneys counsel receive payment of their costs incurred in this litigation from the state. Imber, J., not participating.

02-876. Wal-Mart Stores, Inc. et al. v. Vivian Tucker, from Sevier Circuit. Appellants' motion for reconsideration of request for oral argument is denied.

03-214. Lamar Neill v. Nationwide Mutual Fire Insurance Co., from Logan Circuit, Northern District. Appellant's motion for extension of time to file response is granted.

03-254. In Re: Jane Carlson Arancibia (Arkansas Bar ID # 93047). Petition for voluntary surrender of license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-1217. Frank Watts v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for duplication of appellant's brief at public expense. Appeal dismissed; motion moot. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1288. Donnie Pugh v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. Seeper curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-68. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Pro se motion to dismiss appeal. Motion granted. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-567. Billy Mack Nichols, Jr. v. G. Harmon et al., from Jefferson Circuit. Rebriefing ordered. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions—Criminal. See per curiam this date. (1 PAGES PUBLISHED) [HTML, WP5.1]

Deborah R. Sallings, Esq., of Little Rock, Ellen L. Reif, Esq., of Little Rock, and Melody Piazza, Esq., of Little Rock are hereby reappointed to the Supreme Court Committee on Model Jury Instructions—Criminal for three-year terms to expire on February 28, 2006. The Court thanks Ms. Sallings, Ms. Reif, and Ms. Piazza for accepting reappointment to this most important Committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

03-189. Chris L. Fritzinger v. Donald Beene et al., from Faulkner Circuit.

03-196. Jimmie Lee Barnett et al. v. Monumental General Insurance Co., from

Van Buren Circuit.

03-217. Arrow International, Inc. v. Misty Long Sparks, from Independence Circuit.

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CR03-140. Alisa D. Efurd v. State of Arkansas, from Sebastian Circuit, Greenwood District. J. F. Atkinson, Jr. is ordered to appear and show cause today at 9:00 a.m.

CR01-1170. Phillip Dewayne Williams v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to recall mandate.

CR02-1358. Alfredo Trejo Munoz v. State of Arkansas, from Washington Circuit. Appellee's motion to consolidate the record.

CR03-234. Donnie Miller v. Honorable Berlin C. Jones, Judge, from Jefferson Circuit. Petition for writ of prohibition.

CR03-262. Jason McConnell v. State of Arkansas, from Scott Circuit. Motion for rule on clerk.

02-450. United Food and Commercial Workers International Union et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion to strike portions of appellants' reply brief.

02-749. Richard Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Petition for writ of certiorari to complete the record.

02-1136. Crooked Creek, III, Inc. et al. v. City of Greenwood et al., from Sebastian Circuit, Greenwood District. Appellants' motion for costs on appeal.

02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett, from Faulkner Circuit. Appellant's motion to file an enlarged brief.

03-232. AJ&K Operating Company et al. v. Grover Smith et al., from Union Circuit. Appellants' motion for expedited consideration of appeal.

03-250. Thomas C. Kelly, M.D. et al. v. Honorable James R. Marschewski, Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition and request for temporary relief.

03-250. Thomas C. Kelly, M.D. et al. v. Honorable James R. Marschewski, Judge, from

Sebastian Circuit, Fort Smith District. Motion to supplement record and extension of time to respond to petition.

03-251. John C. Slamons et ux. v. Community Bank of North Arkansas, from Washington Circuit. Motion for rule on clerk.

SUBMISSIONS

CR01-792. Eric Z. Grillot v. State of Arkansas, from Van Buren Circuit. Argued orally.

02-713. Becky Island v. Buena Vista Resort et al., from Garland Circuit.

02-1057. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board et al., from Pulaski Circuit, Thirteenth Division.

02-1096. Robert D. Holloway v. Arkansas State Board of Architects, from Pulaski Circuit, Sixth Division.

02-1136. Crooked Creek, III, Inc. et al. v. City of Greenwood et al., from Sebastian Circuit, Greenwood District.