Ervin v. State (Per Curiam) CR03-278

Appeal & error -- Motion for belated appeal; good cause for granting. [HTML, WP5.1]

Fields v. Marvell Sch. Dist. (Corbin, J.) 02-1336

Schools & school districts -- Appellee district met exception set out in Ark. Code Ann. § 6-13-631(g)(1)(A); trial court's determination not error. [HTML, WP5.1]

Hamilton v. Jones (Per Curiam) 02-749

Certiorari, writ of -- Writ issued. [HTML, WP5.1]

Roberts v. State (Corbin, J.) CR02-022

Criminal procedure -- Death-penalty case; trial court did not clearly err in determining appellant knowingly & intelligently waived rights of appeal; no evidence appellant was so vulnerable that officer's statement rendered confession involuntary; trial court did not err in denying appellant's motion to suppress statement or in refusing to suppress resulting physical evidence; substantial evidence that murder was committed in especially cruel or depraved manner; record revealed no procedural irregularity that would call into question essential fairness of process. [HTML, WP5.1]

Sanders v. State (Per Curiam) CR01-095

Criminal procedure -- Postconviction relief; proceedings to determine appointment of counsel ordered. [HTML, WP5.1]

U.S. Bank, N.A. v. Milburn (Per Curiam) 01-1318

Appeal & error -- Partial summary judgment order did not adjudicate all claims against all parties; order lacking specifics as to amount of damages; order not final; inconsistent arguments made before supreme & circuit courts; proposal of "impact theory" as basis for appeal found not to be in good faith; sanctions appropriate pursuant to Ark. R. App. P.--Civ. 11; sanctions issued. [HTML, WP5.1]

Berna v. Reed, 02-569 (Per Curiam), affirmed April 10, 2003. [HTML, WP5.1]

Campbell v. State, CR 01-1181 (Per Curiam), Petition for Rehearing denied April 10, 2003. [HTML, WP5.1]

Chavez v. State, CR 02-461 (Per Curiam), appeal dismissed April 10, 2003. [HTML, WP5.1]

Dyer v. State, CR 02-581 (Per Curiam), affirmed April 10, 2003. [HTML, WP5.1]

Green v. State, CR 02-1203 (Per Curiam), Pro Se Motion for Appointment of New Counsel or in the Alternative for Leave to File a Supplemental Pro Se Brief and Motion to Compel Counsel to Pursue Reconstruction of Record denied April 10, 2003. [HTML, WP5.1]

McDonald v. State, CR 02-1317 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Petition for Writ of Certiorari and to Transfer Record denied April 10, 2003. [HTML, WP5.1]

Smith v. State, CR 01-1283 (Per Curiam), affirmed April 10, 2003. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR02-22. Karl Douglas Roberts v. State of Arkansas, from Polk Circuit, First Division. Affirmed. Thornton, J., dissents. (25 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-1336. Fannie Fields, Annetta Carruth, Casey Cox, Loretta Jarrett, and Willie Spriggs v. Marvell School District, from Pulaski Circuit, Seventh Division. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-1283. Christopher D. Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-461. Saul Lopez Chavez v. State of Arkansas, from Washington Circuit. Appeal Dismissed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-581. Glenda Dyer v. State of Arkansas, from Sevier Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

02-569. Rickie Earn Berna v. M.D. Reed, from Lincoln Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING GRANTED: Petition for rehearing was granted today in the following case.

CR01-95. Raymond C. Sanders, Jr. v. State of Arkansas, from Grant Circuit. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR01-1181. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

02-650. In the Matter of the Estate of J.I. Seay, Sr. and Hilma R. Seay, Deceased et al. v. Helen S. Quinn et al., from Arkansas Circuit, Northern District.

02-729. John E. Searcy III v. Emmett Davenport et al., from Van Buren Circuit. Petition stricken pursuant to Rule 11 of the Rules of Appellate Procedure - Civil. Clerk is directed not to accept any further pleadings in this matter.

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REVIEW GRANTED: Petition for review was granted today in the following case.

03-214. Lamar Neill et al. v. Nationwide Mutual Fire Insurance Co., from Logan Circuit, Northern District.

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

CR03-264. Richard Scott Tucker v. State of Arkansas, from Yell Circuit, Northern District.

03-221. Mary Remington et al. v. John T. Roberson, from Lonoke Probate.

03-223. Herbert Marshall v. Madison County, from Workers' Compensation Commission.

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CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Appellant's motion for further instructions. Motion submitted with case.

01-1318. U.S. Bank, N.A. et al. v. Wilma Milburn, from Greene Circuit. Order to show cause. Supplemental opinion imposing Rule 11 sanctions. See per curiam this date. Thornton and Hannah, JJ., dissent. (7 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-749. Richard Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Petition for writ of certiorari to complete the record. Writ issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Appellee's motion to file a belated response is granted.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se petition for writ of habeas corpus is denied.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion to recall the decision is denied.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se amended motion for appointment of counsel is denied.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion for oral argument is denied.

CR93-284. Gary Cloird a/k/a Saba Ka Makkali v. State of Arkansas, from Jefferson Circuit. Pro se motion to treat motion to recall the opinion as a petition for writ of prohibition is denied.

CR02-373. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to strike new arguments raised in appellant's substituted brief is granted; state's brief due within 15 days. See Hall v. State, 324. Ark. 431 (1996).

CR02-691. State of Arkansas v. Steven R. Pinell, from Drew Circuit. Appellee's motion to dismiss appeal is denied.

CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Appellant's motion for waiver of page limit is granted.

CR03-278. Duke E. Ervin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for belated appeal and appointment of counsel. Granted in part; denied in part. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Motion for extension of time for appellants' reply to appellee's supplemental brief is granted.

03-67. Mundaca Financial Services, L.L.C. v. Milton Harold Jackson, Jr. et ux., from Pulaski Circuit, Fifteenth Division. Appellant's motion to dismiss appeal is granted.

03-123. Danny Hall et al. v. W. Bruce Leasure, d/b/a Leasure Law Firm, from Pulaski Circuit, Fifth Division. Appellants' motion for reconsideration of rule on clerk to lodge record is denied.

03-221. Mary Remington v. John T. Roberson, from Lonoke Probate. Appellant's motion to strike petition for review of appellee is denied.

03-276. David Davison v. Kent Griggs et al., from Searcy Circuit. Motion for rule on clerk is denied.

03-287. David Davison v. Arkansas Office of Child Support Enforcement, from Searcy Circuit. Motion for rule on clerk is denied.

03-314. Sherry Tate-Smith v. Honorable David Burnett, Judge, from Crittenden Circuit. Petition for writ of certiorari is moot; request for stay is denied; and expedited appeal is granted. Petitioner's request for oral argument is denied.

02-1057. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to dismiss appeal for mootness. Motion submitted with case.

02-189. Advocat, Inc. et al. v. Lon Sauer et al., from Polk Circuit. Appellants' motion to consider opinion in State Farm Mutual Automobile Insurance Company v. Campbell is denied.

CR02-1203. Bobby R. Green v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motion for appointment of new counsel or in the alternative for leave to file a supplemental pro se brief and motion to compel counsel to pursue reconstruction of record. Motions denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1317. Bufford McDonald v. State of Arkansas, from Pope Circuit. Pro se motion for extension of time to file brief and petition for writ of certiorari and to transfer record. Motion for extension of time granted; petition for writ of certiorari and to transfer record denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

01-768. The Coca-Cola Bottling Company of Memphis, Tennessee d/b/a Coca-Cola Bottling Company of Arkansas v. Fred Gill and Retta Gill, from Dallas Circuit.

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PETITIONS FOR REVIEW:

CR03-307. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit.

03-285. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit.

03-299. Sheila M. Tuttle v. Director, Employment Security Division, from Board of Review.

03-301. Brenda Gause v. Shelter General Insurance Company, from Mississippi Circuit, Osceola District.

03-320. Jerome Graves v. Loran Graves Stevison, from Crittenden Circuit.

03-321. Martha Ann Rutherford v. Donald R. Rutherford, from Lawrence Circuit.

03-322. Argentina Pena v. Director, Employment Security Division, from Board of Review.

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CR02-1013. Jimmy R. Smart, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion for Court to view color photographs in record.

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for summary reversal of conviction due to insufficient record.

CR03-99. Stanley Eugene Ellison v. State of Arkansas, from Crawford Circuit. Motion to substitute counsel.

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Petition for writ of certiorari to complete the record.

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Appellant's motion for extension of time to file brief.

CR03-323. Gregory Fisher v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk to proceed pro hac vice.

CR03-323. Gregory Fisher v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk to lodge record.

CR03-344. Paul E. Hanlin v. State of Arkansas, from Pulaski Circuit, Seventh Division.

Motion for belated appeal.

02-697. Ray & Sons Masonry Contractors, Inc. v. United States Fidelity & Guaranty Company et al., from Pulaski Circuit, Sixth Division. Motion to strike improper portions of appellant's reply brief not supported by the record on appeal.

02-1182. Cheryl King et al. v. Betty Dickerson et al., from Garland Circuit. Appellants' motion to dismiss appeal.

03-86. Woodson D. Walker v. Supreme Court Committee on Professional Conduct, from Supreme Court Committee on Professional Conduct. Appellant's motion to dismiss appeal.

03-320. Jerome Graves v. Loran Graves Stevison, from Crittenden Circuit. Motion to file belated response to petition for review.

03-331. Kevin Smith v. Honorable Wiley A. Branton, Jr., Judge, and Honorable Mary Spencer McGowan, Judge, from Pulaski Circuit, Ninth Division. Respondents' motion for extension of time to file response.

SUBMISSIONS

02-697. Ray & Sons Masonry Contractors, Inc. v. United States Fidelity & Guaranty Company et al., from Pulaski Circuit, Sixth Division. Argued orally.

CR02-1013. Jimmy R. Smart, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

02-449. JoLynn Smith v. Sidney Moncrief Pontiac Buick GMC, from Pulaski Circuit, Fifth Division.

02-602. Scipio Johnson et ux. v. Union Pacific Railroad et al., from Jefferson Circuit.

02-887. Rexayne Taylor v. Scott W. Taylor, from Union Circuit.