Adkins v. State (Per Curiam) CR03-426

Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Cloird v. State (Per Curiam) CR93-284

Appeal & error -- Petition for writ of habeas corpus & all other petitions denied; no further petitions or motions that raise settled issue of trial court's jurisdiction will be accepted. [HTML, WP5.1]

Elser v. State (Hannah, J.) CR02-1297

Evidence -- Motion for mistrial properly denied; prosecutor's reference in opening argument to appellant's testifying was harmless error; Portable Breath Test results inadmissible as substantive proof absent proof PBT results are reliable. [HTML, WP5.1]

Givens v. Scott (Per Curiam) 03-308

Attorney & client -- Disbarment proceedings; assignment of special judge. [HTML, WP5.1]

Holt Bonding Co., Inc. v. State (Imber, J.) 02-290

Civil procedure -- Nunc pro tunc order; appellant failed to show prejudice due to lack of notice because order was correct; issue regarding compliance with notice & service not properly on appeal. [HTML, WP5.1]

State v. Hardiman (Glaze, J.) CR02-407

Criminal law -- Trial court exceeded authority in suspending part of sentence for Class Y felony; reversed & remanded. [HTML, WP5.1]

State v. Pinell (Brown, J.) CR02-691

Criminal law -- Sentencing; circuit judge had no authority to sentence appellee to ten years' probation for Class Y felony; reversed & remanded for resentencing. [HTML, WP5.1]

Tarry v. State (Per Curiam) CR01-1022

Motions -- Motion to reconsider & terminate case denied. [HTML, WP5.1]

Thornton v. State (Per Curiam) CR03-374

Appeal & error -- Transcript made by unlicensed reporter to be accepted in criminal case upon attorneys of record certifying that transcript is true, accurate, & complete. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Rules of the Supreme Court of Arkansas and Court of Appeals of the State of Arkansas 4-1 and 4-2 (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Berger v. State, CR 02-350 (Per Curiam), Pro Se Motion to Find Trial Court in Contempt and to Reverse Case in Light Thereof denied May 8, 2003. [HTML, WP5.1]

Berna v. Reed, 02-569 (Per Curiam), Petition for Rehearing denied May 8, 2003. [HTML, WP5.1]

Chapman v. State, CR 03-252 (Per Curiam), Pro Se Motion for Rule on Clerk; treated as motion for belated appeal and denied May 8, 2003. [HTML, WP5.1]

Charton v. State, CR 02-60 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted May 8, 2003. [HTML, WP5.1]

Collins v. State, CR 98-563 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied May 8, 2003. [HTML, WP5.1]

Cromeans v. State, CR 02-1186 (Per Curiam), affirmed May 8, 2003. [HTML, WP5.1]

Koontz v. State, CR 99-791 (Per Curiam), Pro Se Motion for Copy of Partial Record at Public Expense denied May 8, 2003. [HTML, WP5.1]

Watson v. State, CR 02-909 (Per Curiam), Pro se Motion for Reconsideration of State's Motion to Dismiss Appeal dismissed May 8, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-407. State of Arkansas v. Mariea Ann Hardiman, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Hannah, J., concurs. (4 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-691. State of Arkansas v. Steven R. Pinell, from Drew Circuit. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-1297. Mark Allen Elser v. State of Arkansas, from Crawford Circuit. Circuit Court Affirmed; Arkansas Court of Appeals Reversed. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-1186. Danny Amond Cromeans v. State of Arkansas, from Lafayette Circuit. Affirmed. (14 PAGES UNPUBLISHED) [HTML, WP5.1]

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

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

02-321. Arkansas Department of Environmental Quality v. Brighton Corporation, from Jefferson Circuit. Brown, Imber, and Hannah, JJ., would grant.

02-569. Rickie Earn Berna v. M.D. Reed, from Lincoln Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

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REVIEWS GRANTED: Petitions for review were granted today in the following cases.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division.

03-408. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit.

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

03-187. Edmundo Rogers v. Cynthia Rogers, from Benton Circuit.

03-216. Katrina Skelton v. Washington Regional Medical Center, from Workers' Compensation Commission.

03-218. Doris Reilly v. Clayton Homes, from Workers' Compensation Commission.

03-347. Judi Tomlin v. Wal-Mart Stores, Inc., from Pulaski Circuit, Third Division. Imber, J., would grant. Glaze, J., not participating.

03-362. Mark McGhee et ux. v. Jim Witcher et ux., from Pulaski Circuit, Thirteenth Division.

03-378. Jo Ann Marshall v. Director, Arkansas Employment Security Department, from Board of Review.

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02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is denied. See opinion this date.

03-308. Nancie Givens, Acting Executive Director, Supreme Court Committee on Professional Conduct v. James S. Scott, Jr., Arkansas Bar ID #87154, an Original Action. Assignment of Special Judge. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-374. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit. Petition for writ of certiorari to complete the record, motion to withdraw petition for writ of certiorari, and motion to withdraw as counsel. Record accepted for filing upon condition of affidavits being filed. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR01-1022. Samuel Warren Tarry v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to reconsider and to terminate case denied. See per curiam this date. Brown and Hannah, JJ., dissent. Corbin, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

CR03-249. State of Arkansas v. Debbie Hagan Sherwin, from Pulaski Circuit, Fifth Division. Motion to withdraw as counsel is granted.

CR93-284. Gary Cloird, a/k/a Saba Ka Makkali, a/k/a Simba Kali v. State of Arkansas and Greg Harmon, Warden, from Jefferson Circuit. Pro se petition for writ of habeas corpus; pro se motion for oral argument; pro se motion to consolidate record; pro se motion for appointment of counsel; pro se motion to recall opinion; pro se motion to treat motion to recall as petition for writ of prohibition. Petition and motions denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-21. Johnny L. Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration. Remanded to trial court for an order setting out its findings.

CR03-201. Terry D. Anderson v. State of Arkansas, from Independence Circuit. Appellee's motion to dismiss appeal is granted.

CR03-421. Phillip Parmley v. Honorable John Homer Wright, Judge, from Garland Circuit. Petition for writ of prohibition is denied without prejudice.

CR03-426. Perry Lamar Adkins v. State of Arkansas, from Benton Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-1197. William B. Finagin et al. v. Arkansas Development Finance Authority, from Lafayette Circuit. Motion of Arkansas Department of Economic Development to file amicus curiae brief is denied.

03-156. Longview Production Company v. Dub Dubberly et al., an Original Action. Petitioner's motion to dismiss proceedings is denied without prejudice.

03-427. Omar Almobarak v. Darryl McCoy et ux., from Benton Circuit. Motion for rule on clerk is granted.

03-429. Sherry D. Wilmans v. Sears, Roebuck and Co., from Pulaski Circuit, Third Division. Petition for writ of certiorari to complete the record. Granted 30 days.

02-450. United Food and Commercial Workers International Union et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Appellee's motion to reschedule oral argument is denied.

CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR99-791. Morris Brian Koontz v. State of Arkansas, from Hempstead Circuit. Pro se motion for copy of partial record at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-60. Jerold M. Charton v. State of Arkansas, from Conway Circuit. Pro se motion for extension of time to file brief. Motion for extension of time granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Pro se motion to find trial court in contempt and to reverse case in light thereof. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-909. Tony Watson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of state's motion to dismiss appeal. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-252. David K. Chapman v. State of Arkansas, from Cleburne Circuit. Pro se motion for rule on clerk. Motion treated as motion for belated appeal and denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules of the Supreme Court of Arkansas and Court of Appeals of the State of Arkansas 4-1 and 4-2. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

PETITION FOR REHEARING:

02-524. Dan M. Gray v. Nancy Coleman Gray, from Sebastian Circuit, Fort Smith District.

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CR03-3. Elbert Holder v. State of Arkansas, from Phillips Circuit. Appellant's motion for extension of time to file brief.

CR03-3. Elbert Holder v. State of Arkansas, from Phillips Circuit. Motion to relieve counsel and appeal counsel be appointed.

CR02-780. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division. Motion for expedited consideration.

CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(h) and to stay brief time.

CR03-440. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for writ of certiorari to complete the record.

CR03-441. James David Wright v. State of Arkansas, from Garland Circuit. Motion for belated appeal.

CR03-485. Jason Rogers v. State of Arkansas, from Crittenden Circuit. Motion for belated appeal.

CR03-487. Johnny Dean Johnson v. State of Arkansas, from Stone Circuit. Motion to withdraw as counsel.

02-1197. William B. Finagin et al. v. Arkansas Development Finance Authority, from Lafayette Circuit. Appellants' motion for supplemental abstract and increase of page limit.

03-39. United States Fidelity & Guaranty Company et al. v. Continental Casualty Company, from Pulaski Circuit, Seventh Division. Appellants' motion to reconsider request for oral argument.

03-285. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit. Appellants' motion to file supplemental brief.

03-285. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit. Appellees' motion to file supplemental brief.

03-414. Arkansas Tobacco Control Board v. Barbara Sitton, from Pulaski Circuit, Second Division. Motion for extension of brief time and to supplement the record.

03-415. Michael Everette Todd v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Greene Circuit. Appellant's motion to correct record.

03-415. Michael Everette Todd v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Greene Circuit. Appellant's motion for extension of brief time.

03-439. Riverdale Development Co., LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division. Motion for rule on clerk.

03-449. Robert L. Howell v. Honorable Robert C. Vittitow, Judge et al., from Chicot Circuit. Respondents' motion for extension of time to respond to petition.

03-449. Robert L. Howell v. Honorable Robert C. Vittitow, Judge et al., from Chicot Circuit. Petition for writ of prohibition.

03-450. Jay Abramson v. Michelle K. Eldridge, from Arkansas Circuit, Southern District. Motion for rule on clerk.

03-453. M. Shawn Pless v. Lori A. Pless, from Pope Circuit. Motion for rule on clerk.

03-489. State of Arkansas v. Jonathan Graydon, from Lonoke Circuit. Motion to extend time for lodging of hearing record.

02-936. Lenders Title Company v. Don Chandler, from Garland Circuit. Argued orally.

CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit.

CR02-767. William Andrew Arnett v. State of Arkansas, from Benton Circuit.

02-809. Drug Task Force for the Thirteenth Judicial District of the State of Arkansas v. Peter W. Hoffman, from Ouachita Circuit.

02-810. Gayla McCoy et al. v. Kathy A. Crumby et al., from Hot Spring Circuit.