Fisher v. State (Per Curiam) CR03-323

Motions -- Rule on clerk; denied. [HTML, WP5.1]

Hanlin v. State (Per Curiam) CR03-344

Motions -- Rule on clerk; good cause for granting. [HTML, WP5.1]

Island v. Buena Vista Resort (Thornton, J.) 02-713

Civil rights -- Sexual harassment; trial court erred in determining that Arkansas Civil Rights Act is not applicable to workplace sexual harassment; reversed & remanded on sexual-harassment issue where genuine issue of material fact remained to be resolved; employment-at-will contracts; public policy prohibits termination of at-will employees for rejecting solicitations to engage in sex in exchange for compensation; tort of outrage; appellant failed to show she had suffered level of damages or emotional distress sufficient to sustain tort-of-outrage action; trial court erred in granting appellees' summary-judgment motion; remanded for development of specified issues. [HTML, WP5.1]

Johnson v. Union Pacific R.R. (Corbin, J.) 02-602

Workers' compensation -- Evidence did not demonstrate which employer appellant was working for at time of accident; Commission had exclusive jurisdiction to determine whether appellant's injuries were covered by Workers' Compensation Act; trial court's grant of summary judgment reversed; trial court did not abuse its discretion in denying use of offensive collateral estoppel against appellee; grant of partial summary judgment affirmed. [HTML, WP5.1]

Smart v. State (Glaze, J.) CR02-1013

Criminal law -- Motion to suppress properly denied; trial court properly exercised discretion ; no error in admission of photographs; newly discovered evidence not viewed as justification for grant of new trial; no abuse of discretion found. [HTML, WP5.1]

In Re: Publication of the Arkansas Reports (Per Curiam) [HTML, WP5.1]

Baker v. State, CR 02-984 (Per Curiam), Pro Se Motions for Rule on Clerk, for Duplication of Motions and Other Pleadings at Public Expense denied; Pro Se Motion for Extension of Time to File Brief granted April 17, 2003. [HTML, WP5.1]

Cooper v. State, CR 02-933 (Per Curiam), Pro Se Petition for Writ of Certiorari or in the Alternative to Remand for Evidentiary Hearing denied April 17, 2003. [HTML, WP5.1]

Dayberry v. State, CR 02-740 (Per Curiam), rebriefing ordered April 17, 2003. [HTML, WP5.1]

Green v. State, CR 02-1243 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Motion for Extension of Time moot April 17, 2003. [HTML, WP5.1]

Jackson v. State, CR 98-386 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied April 17, 2003. [HTML, WP5.1]

Jennings v. State, CR 02-906 (Per Curiam), affirmed April 17, 2003. [HTML, WP5.1]

Nazaretta v. State, CR 03-27 (Per Curiam), Pro Se Joint Motion for Rule on Clerk to Proceed with Appeal of Judgment granted April 17, 2003. [HTML, WP5.1]

Sanders v. State, CR 02-1116 (Per Curiam), Pro Se Motions for Extension of Time to File Appellant's Brief, for Access to Trial Transcript to Prepare Brief, and to Hold Appeal in Abeyance Pending Access to Transcript granted April 17, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-1013. Jimmy R. Smart, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

02-602. Scipio Johnson and Bessie Johnson v. Union Pacific Railroad; Bonds Fertilizer, Inc.; and Bonds Brothers, Inc., from Jefferson Circuit. Affirmed in Part; Reversed and Remanded in Part. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-713. Becky Island v. Buena Vista Resort and George Bogdanov, from Garland Circuit. Affirmed in Part; Reversed and Remanded in Part. Corbin, J., not participating. (22 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-906. Robert Jennings v. State of Arkansas, from Cross Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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. Thornton and Hannah, JJ., would grant.

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

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

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

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

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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CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement the record is denied.

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 is granted.

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for summary reversal of conviction due to insufficient record is denied without prejudice. Brown, J., not participating.

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of brief time is granted. Brown, J., not participating.

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

CR03-99. Stanley Eugene Ellison v. State of Arkansas, from Crawford Circuit. Motion for additional time to file brief is granted.

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

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Motion for extension of time to file brief is granted.

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

CR03-323. Gregory Fisher v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is denied. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-344. Paul E. Hanlin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-1182. Cheryl King et al. v. Betty Dickerson et al., from Garland Circuit. Appellants' motion to dismiss appeal is granted. Glaze, J., not participating.

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 is granted.

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

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 is granted.

CR98-386. Andre Lamont Jackson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-740. Gary Dayberry v. State of Arkansas, from Stone Circuit. Rebriefing ordered. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-933. Billy W. Cooper v. State of Arkansas, from Izard Circuit. Pro se petition for writ of certiorari or in the alternative to remand for evidentiary hearing. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-984. Sam Baker v. State of Arkansas, from Pope Circuit. Pro se motions for rule on clerk, for duplication of motions and other pleadings at public expense, and for extension of time to file brief. Motions for rule on clerk and for duplication of motions and other pleadings at public expense denied; motion for extension of time to file brief granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1116. Corey Sanders v. State of Arkansas, from Columbia Circuit. Pro se motions for extension of time to file appellant's brief, for access to trial transcript to prepare brief, and to hold appeal in abeyance pending access to transcript. Motions granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1243. Bobby L. Green v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for rule on clerk to file belated motion for extension of time. Motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-27. Melony Nazaretta and Melissa DeBate v. State of Arkansas, from Van Buren Circuit. Pro se joint motion for rule on clerk to proceed with appeal of judgment. Motion granted. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Publication of the Arkansas Reports. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CR02-104. Alvin Jackson a/k/a Rahman X v. State of Arkansas, from Jefferson Circuit.

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PETITIONS FOR REVIEW:

CR02-271. Justin Anderson v. State of Arkansas, from Lafayette Circuit.

03-265. 145 Associates, LTD v. Theatrical Building Corporation, from Pulaski Circuit, Twelfth Division.

03-267. Randy Lee McQuay v. Arkansas Blue Cross and Blue Shield et al., from Craighead Circuit, Western District.

03-346. Mary Abels et al. v. Cleo Copelin et al., from Polk Circuit.

03-348. AutoZone, Inc. et al. v. Beth A. Biles, from Workers' Compensation Commission.

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CR03-1. Derrick Lamont Booth v. State of Arkansas, from Hempstead Circuit. Pro se motion to file belated brief.

CR03-1. Derrick Lamont Booth v. State of Arkansas, from Hempstead Circuit. Appellee's motion to dismiss appeal.

CR03-365. Robert Demers v. Honorable Chris E. Williams, Judge, from Hot Spring Circuit. Petition for writ of prohibition.

CR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Motion for belated appeal.

CR03-374. Marvin Thornton v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari to complete the record.

03-232. AJ&K Operating Company, Inc. et al. v. Grover Smith et al., from Union Circuit. Appellees' expedited motion to supplement the record, motion to stay appellees' briefing time pending ruling on appellees' motion to supplement the record, and motion for extension of time to file appellees' brief.

03-331. Kevin Smith v. Honorable Wiley A. Branton, Jr., Judge and Honorable Mary Spencer McGowan, Judge, from Pulaski Circuit. Petition for writ of mandamus.

03-368. Leslie C. Stevens Murillo v. Rodney Taylor, from Hempstead Circuit. Motion for rule on clerk to file petition for writ of certiorari to extend the time to lodge the record.

SUBMISSIONS

CR02-487. Albert Reed v. State of Arkansas, from Pulaski Circuit, Seventh Division.

02-787. Sarah Glass Smith v. Southern Farm Bureau Casualty Insurance Company, fromWashington Circuit.

02-790. Mark Epting v. Precision Paint & Glass, Inc., from Jackson Circuit.

02-876. Wal-Mart Stores, Inc. et al. v. Vivian Tucker, from Sevier Circuit.