Anderson v. State (Imber, J.) CR01-1131

Criminal law -- "Reasonable doubt" standard is fundamental right & only mechanism by which State may overcome presumption of innocence; presumption of innocence is fundamental right & is applied to whole scope of charge; court may intervene to correct misstatement of law where prosecutor shifts burden of proof; prosecutor's general statements of reasonable doubt were correct statements of law & not error; prosecutor's comments concerning conflicting testimony did not require reversal; prosecutor did not clearly & unequivocally misstate State's burden of disproving self-defense beyond reasonable doubt; ineffective-assistance claim not preserved for appeal; no basis in evidence to support appellant's proffered instructions on justification; evidence sufficient to support jury's finding that murder was committed in especially cruel manner; matter reversed & remanded for resentencing where supreme court was unable to say jury considered any possible mitigating circumstances. [HTML, WP5.1]

City of West Helena v. Sullivan (Imber, J.) 02-1154

Attorney & client -- Subject of suit was improper payment of attorney's fees by city; suit was "public funds" illegal-exaction lawsuit; appeal from Ark. R. Civ. P. 23 class-certification order in illegal-exaction case was not proper basis for interlocutory appeal; appeal dismissed. [HTML, WP5.1]

Coggins v. Coggins (Per Curiam) 03-417

Certiorari -- Writ denied & appeal dismissed where petitioner failed to show he was unable to obtain additional order of extension. [HTML, WP5.1]

Hoover v. State (Hannah, J.) CR02-1150

Criminal law -- Indictment amended from robbery to aggravated robbery; appellant neither prejudiced or surprised by amendment; no need for reversal under statute; appellant not sentenced to death lacked standing to raise error that had to do with death penalty. [HTML, WP5.1]

McCullough v. State (Glaze, J.) 02-873

Contempt -- Appellant held in criminal contempt; supported by substantial evidence; jail sentence modified. [HTML, WP5.1]

Robinson v. State (Glaze, J.) CR02-915

Appeal & error -- Verbatim record required in accord with Admin. Order No. 4; trial court's failure to make verbatim record on in-chambers conferences on directed-verdict motion was error; Admin. Order No. 4 to hereafter be strictly construed; bench & bar put on notice; jury's conclusion that appellant committed first-degree murder supported by substantial evidence. [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]

APPOINTMENTS TO COMMITTEES

In Re: Client Security Fund Committee (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Conley v. State, CR 02-779 (Per Curiam), Pro Se Motion to Complete Record granted; Petition for Writ of Certiorari moot May 29, 2003. [HTML, WP5.1]

Johnson v. State, CR 03-170 (Per Curiam), Pro Se Motion for Copy of Trial Transcript at Public Expense denied May 29, 2003. [HTML, WP5.1]

Lamere v. State, CR 02-155 (Per Curiam), affirmed; Petition for Writ of Certiorari and Motion to Supplement Brief denied; Motion to Hold Submission of Briefs in Abeyance moot May 29, 2003. [HTML, WP5.1]

Nichols v. Harmon, 02-567 (Per Curiam), Pro Se Motion for Extension of Time to File Substituted Appellant's Brief granted; Motion for Appointment of Counsel denied May 29, 2003. [HTML, WP5.1]

Risher v. State, CR 03-311 (Per Curiam), Pro Se Motion to Rule on Court (sic) and for Appointment of Counsel, Motion to Order Trial Court to Produce Record and for Appointment of Counsel, Motion for Access to Prison Records and Motion for Oral Argument denied; Motion to File Handwritten Pleadings moot; Second Motion to File Handwritten Pleadings and for Other Relief moot in part and denied in part May 29, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-915. Steve Robinson v. State of Arkansas, from Lincoln Circuit. Affirmed. Corbin, J., not participating. (11 PAGES PUBLISHED) [HTML, WP5.1]

02-873. R.S. McCullough v. State of Arkansas; The Honorable Sam Pope, Circuit Judge, from Ashley Circuit. Affirmed as Modified. Brown, J., concurs in part and dissents in part. Corbin, J., not participating. (8 PAGES + 6-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Affirmed in Part; Reversed and Remanded in Part. Glaze and Hannah, JJ., concur. Thornton, J., concurs in part and dissents in part. (25 PAGES + 3-PAGE CONCURRENCE + 7-PAGE CONCURRENCE + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

02-1154. City of West Helena, Arkansas; Johnny Weaver, Individually and In His Official Capacity as Mayor of the City of West Helena, Arkansas; Ernest Simpson, Dana Flowers, Marvin Jarrett, Larry Wilson, Howard Taylor, Gail Mundt, Robert Gaston, and Louis O'Neal, Each Individually and In Their Official Capacity as City Councilmen for the City of West Helena, Arkansas v. Connie Sullivan, from Phillips Circuit. Appeal Dismissed. Corbin, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-1150. Robert Hoover v. State of Arkansas, from Drew Circuit. Affirmed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-155. Fred Michael Lamere v. State of Arkansas, from Saline Circuit. Affirmed; Petition for Writ of Certiorari and Motion to Supplement Brief Denied; Motion to Hold Submission of Briefs in Abeyance Moot. Corbin, J., not participating. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

03-470. Judy Beaver et al. v. John Q. Hammons Hotels, Inc. et al., from Sebastian Circuit, Fort Smith District. Corbin, J., not participating.

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

CR03-517. Allen Lampkin v. State of Arkansas, from Pulaski Circuit, First Division. Corbin, J., not participating.

03-483. Neil D. Williams v. Brown's Sheet Metal, from Workers' Compensation Commission. Hannah, J., would grant. Glaze and Corbin, JJ., not participating.

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CR01-1131. Randy L. Anderson v. State of Arkansas, from Chicot Circuit. Appellant's motion for further instructions. Moot. Corbin, J., not participating.

03-417. Fred H. Coggins v. Patsy A. Coggins, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record is denied. See per curiam this date. Brown, Imber and Thornton, JJ., dissent. (5 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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 motion to supplement the record is denied. Corbin, J., not participating.

CR02-622. Brian Winston v. State of Arkansas, from Phillips Circuit. Appellant's motion to supplement the record is granted. Corbin, J., not participating.

CR02-916. Robert L. Williams v. State of Arkansas, from Ashley Circuit. Appellee's motion to stay brief time treated as motion to remand to trial court to settle the record and granted. Corbin, J., not participating.

CR02-1186. Danny Amond Cromeans v. State of Arkansas, from Lafayette Circuit. Motion to be relieved as counsel is granted. Corbin, J., not participating.

02-714. Lovelle Chidester et ux. v. Estelle Thorbes, from Jefferson Circuit. Motion for reconsideration is denied. Corbin, J., not participating.

02-1380. Harold L. "Bud" Ward et ux. v. James R. Williams, from Saline Circuit. Appellee's motion for oral argument is denied. Corbin, J., not participating.

03-523. Bill Bates d/b/a Clear Water Drilling v. David Gilbert d/b/a Hardrock Drilling, from Polk Circuit. Appellant's motion to file belated petition for review is denied. Corbin, J., not participating.

03-548. Roger Dale Keech v. Honorable Ken Coker, Judge, from Franklin Circuit, Northern District. Motion for emergency or accelerated proceedings on petition for writ of prohibition, mandamus and certiorari is granted. Corbin, J., not participating.

03-548. Roger Dale Keech v. Honorable Ken Coker, Judge, from Franklin Circuit, Northern District. Motion to dismiss petition for writ of prohibition, mandamus and certiorari is granted. Corbin, J., not participating.

CR02-779. Everett C. Conley v. State of Arkansas, from Independence Circuit. Pro se motion to complete record and petition for writ of certiorari. Motion to complete record granted; petition for writ of certiorari moot. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-170. Carl A. Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for copy of trial transcript at public expense. Motion denied. See per curiam this date. Corbin, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-311. Daniel Risher v. State of Arkansas, from Columbia Circuit. Pro se motion to rule on court (sic) and for appointment of counsel, motion to order trial court to produce record and for appointment of counsel, motion to file handwritten pleadings, second motion to file handwritten pleadings and for other relief, motion for access to prison records, and motion for oral argument. Motion to file handwritten pleadings moot; second motion to file handwritten pleadings and for other relief moot in part and denied in part; all other motions denied. See per curiam this date. Corbin, J., not participating. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

02-567. Billy Mack Nichols v. Greg Harmon, Warden, from Jefferson Circuit. Pro se motion for extension of time to file substituted appellant's brief and motion for appointment of counsel. Motion for extension of time granted; motion for appointment of counsel denied. See per curiam this date. Corbin, J., not participating. (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]

In Re: Client Security Fund Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Benjamin C. McMinn, of Little Rock, is hereby reappointed to the Client Security Fund Committee for a five-year term to expire July 2008.

The Court extends its thanks to Mr. McMinn for accepting this reappointment to this most important committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR03-515. James M. Rogers and Brenda D. Rogers v. State of Arkansas, from Hot Spring Circuit.

03-394. Jeff Broadston et ux. v. Gary Parsons et ux., from Benton Circuit.

03-543. Patricia Haynes v. Director, Arkansas Employment Security Department, from Board of Review.

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

CR03-401. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Motion to reconsider per curiam order.

CR03-539. Billy Welch v. State of Arkansas, from Dallas Circuit. Motion for rule on clerk.

CR03-539. Billy Welch v. State of Arkansas, from Dallas Circuit. Motion to complete and settle the record.

02-189. Advocat, Inc. et al. v. Lon C. Sauer, from Polk Circuit. Appellants' motion to stay mandate.

02-404. Marsha Sledge et al. v. Arkansas Game & Fish Commission, from Pulaski Circuit, Second Division. Appellants' motion for release of exhibits and transcript.

03-183. Ronald Whitley v. James Cranford et al., from Hot Spring Circuit. Appellant's motion to expedite appeal.

03-196. Jimmie Lee Barnett et al. v. Monumental General Insurance Company, from Van Buren Circuit. Appellee's motion to file belated briefs.

03-232. AJ&K Operating Company, Inc. et al. v. Grover Smith et al., from Union Circuit. Appellees' motion for belated writ and for extension of time to file brief.

03-408. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit. Appellant's motion to file supplemental brief.

03-536. Jerry Garretsen et ux. v. Honorable David H. McCormick, Judge, from Yell Circuit, Northern District. Petition for emergency stay of proceedings.

SUBMISSIONS

02-256. City of Maumelle, Arkansas v. Jeffrey Sand Company et al., from Pulaski Circuit, Third Division. Argued orally.

CR02-584. Roger Dale Barrett v. State of Arkansas, from Benton Circuit.

CR03-135. State of Arkansas v. Michael Harmon, from Pope Circuit.

02-666. B.J.M. v. R.L.M., from Pulaski Circuit, Seventeenth Division.

02-1199. Roy C. Lewellen v. Arkansas Supreme Court Committee on Professional Conduct, from Arkansas Supreme Court Committee on Professional Conduct - Panel B.

02-1261. Southwestern Bell Telephone Company v. Harris Company of Fort Smith, from Washington Circuit.