In Re: Maude Parkman (Per Curiam) [HTML, WP5.1]

Bank of Eureka Springs v. Evans (Arnold, C.J.) 02-623

Statutes -- Federal Annunzio-Wylie Money Laundering Act's "safe harbor" not intended to protect bank employees or officers who pursue personal vendettas against delinquent borrowers; no "possible violation" of law; appellant bank acted maliciously & willfully in attempt to have appellee arrested on charges it knew to be false; "safe harbor" did not apply; jury verdict on malicious prosecution supported by substantial evidence; jury's award of compensatory damages supported by substantial evidence; punitive-damages award did not shock conscience of court. [HTML, WP5.1]

Committee to Establish Sherwood Fire Dep't v. Hillman (Hannah, J.) 02-1165

Courts -- Mere interest in challenge to petition without representation of local voters insufficient for standing; appellant lacked standing to challenge. [HTML, WP5.1]

Hollandsworth v. Knyzewski (Arnold, C.J.) 02-720

Parent & child -- Relocation of primary custodian & children alone not material change in circumstance; supreme court established presumption favoring relocation of custodial parent & child; appellee failed to establish material change in circumstance & to meet burden of rebutting presumption in favor of relocation. [HTML, WP5.1]

In Re: Fuchs (Per Curiam) 02-1234

Contempt -- Findings of master accepted; punishment imposed. [HTML, WP5.1]

Jones v. State (Per Curiam) CR03-401

Appeal & error -- Motion for belated appeal granted. [HTML, WP5.1]

McAdams v. McAdams (Thornton, J.) 02-666

Adoption -- Motion to annul adoption decree filed some thirty-four years after decree entered; motion barred by statute of limitations. [HTML, WP5.1]

Southwestern Bell Tel. Co. v. Harris Co. of Fort Smith (Glaze, J.) 02-1261

Damages -- Loss-of-use damages not awarded for personal property; trial court's decision excluding evidence that supported such damages was correct; partial motion for directed verdict granted on issue of loss-of-use damages; grant affirmed. [HTML, WP5.1]

Reed v. State (Corbin, J.) CR02-487

Criminal law -- State did not prove that car was worth more than $500; evidence insufficient to support jury's determination that appellant committed theft of property in excess of $500; appellant exercised unauthorized control over victim's vehicle; conviction modified to misdemeanor theft. [HTML, WP5.1]

Moon v. Holloway (Per Curiam) 02-1349

Appeal & error -- Appellant failed to comply with provisions of Ark. Sup. Ct. R. 4-2; rebriefing ordered. [HTML, WP5.1]

In Re: Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]

Harris v. State, CR 02-961 (Per Curiam), affirmed June 5, 2003. [HTML, WP5.1]

Moore v. State, CR 02-983 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted; Motion for Duplication of Reply Brief at Public Expense denied June 5, 2003. [HTML, WP5.1]

Nazaretta v. State, CR 03-27 (Per Curiam), Pro Se Motions for Appointment of Counsel moot June 5, 2003. [HTML, WP5.1]

Pate v. State, CR 02-451 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Motion to Stay Appeal and for Writ of Certiorari denied June 5, 2003. [HTML, WP5.1]

Pugh v. State, CR 02-1288 (Per Curiam), Pro Se Motion for Reconsideration denied June 5, 2003. [HTML, WP5.1]

Thrash v. State, CR 86-161 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied June 5, 2003. [HTML, WP5.1]

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

02-623. The Bank of Eureka Springs and John Cross v. Floyd Carroll Evans, from Carroll Circuit, Western District. Affirmed. Thornton, J., dissents. (19 PAGES + 16-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-720. Sheree Hollandsworth v. Keith Knyzewski, from Benton Chancery. Reversed and Remanded. (20 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-1261. Southwestern Bell Telephone Company v. Harris Company of Fort Smith, from Washington Circuit. Affirmed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-666. Bobby Joe McAdams v. Robert Lynn McAdams, from Pulaski Circuit, Seventeenth Division. Affirmed. Corbin, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

02-1165. Committee to Establish Sherwood Fire Department v. Virginia Hillman; Pulaski County Election Commission; Charles King; Sally Stevens; Ann Smith; Jason Fender; Tommy Sanders, from Pulaski Circuit, Second Division. Appeal Dismissed. Glaze and Imber, JJ., concur. Corbin and Thornton, JJ., not participating. (13 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-961. Cedric Lamar Harris v. State of Arkansas, from Ashley Circuit. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

02-887. Rexayne Taylor v. Scott W. Taylor, from Union Circuit. Corbin, J., not participating.

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

CR03-515. James M. Rogers and Brenda D. Rogers v. State of Arkansas, from Hot Spring Circuit. Corbin, J., not participating.

03-394. Jeff Broadston et ux. v. Gary Parsons et ux., from Benton Circuit. Corbin, J., not participating.

03-543. Patricia Haynes v. Director, Arkansas Employment Security Department, from Board of Review. Corbin, J., not participating.

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CR02-487. Albert Reed v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition for rehearing. Moot. See substituted opinion this date. (8 PAGES PUBLISHED) [HTML, WP5.1]

02-1165. The Committee to Establish Municipal Sherwood Fire Department v. Virginia Hillman et al., from Pulaski Circuit, Second Division. Appellees' motion to dismiss appeal. Granted. See opinion this date. Corbin and Thornton, JJ., not participating.

02-1234. In Re: Kenneth George Fuchs (Arkansas Bar ID #81063). Contempt order issued. See per curiam this date. Corbin, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR03-401. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Motion to reconsider per curiam order is denied; alternative motion for belated appeal is granted. See per curiam this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-189. Advocat, Inc. et al. v. Lon C. Sauer, from Polk Circuit. Appellants' motion to stay mandate. Granted 90 days. Corbin, J., not participating.

02-404. Marsha Sledge et al. v. Arkansas Game & Fish Commission, from Pulaski Circuit, Second Division. Appellants' motion for release of exhibits and transcript. Granted as to exhibits upon substitution of copies. Corbin, J., not participating.

03-183. Ronald Whitley v. James Cranford et al., from Hot Spring Circuit. Appellant's motion to expedite appeal is denied. Corbin, J., not participating.

03-196. Jimmie Lee Barnett et al. v. Monumental General Insurance Company, from Van Buren Circuit. Appellee's motion to file belated briefs is granted. Corbin, J., not participating.

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. Granted 14 days. Corbin, J., not participating.

03-408. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit. Appellant's motion to file supplemental brief is granted. Corbin, J., not participating.

03-536. Jerry Garretsen et ux. v. Honorable David H. McCormick, Judge, from Yell Circuit, Northern District. Petition for emergency stay of proceedings is denied. Corbin, J., not participating.

In Re: Maude Parkman. See per curiam. (Proceedings of June 3, 2003). (1 PAGE PUBLISHED) [HTML, WP5.1]

CR86-161. Anthony F. Thrash v. State of Arkansas, from Desha Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. Corbin, J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-451. Gerald Pate v. State of Arkansas, from Faulkner Circuit. Pro se motion for extensionof time to file brief and motion to stay appeal and for writ of certiorari. Motion for extension of time granted; motion to stay appeal and for writ of certiorari denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-983. Willie Lee Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for extension of time to file reply brief and motion for duplication of reply brief at public expense. Motion for extension of time granted; motion for duplication of reply brief at public expense denied. 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 reconsideration. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-27. Melony Nazaretta and Melissa DeBate v. State of Arkansas, from Van Buren Circuit. Pro se motions for appointment of counsel. Motions moot. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

02-1046. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division.

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PETITIONS FOR REVIEW:

CR03-561. Jeannie Campbell v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR03-567. Carl Gene McGhee v. State of Arkansas, from Perry Circuit.

CR03-568. Marvin W. Tull v. State of Arkansas, from Saline Circuit.

03-563. Jim Green et al. v. City of Jacksonville, from Pulaski Circuit, Twelfth Division.

03-565. Sharon Hays Martindale v. The Estate of Sherman Martindale, deceased et al., from Crawford Probate.

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CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Appellee's motion to file enlarged brief.

CR03-131. Jason Carter v. State of Arkansas, from Pulaski Circuit, First Division. Petition for writ of certiorari to complete the record.

CR03-334. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to correct the record.

CR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Amended motion to file belated appeal.

CR03-407. Billy Howard Chatman v. State of Arkansas, from Fulton Circuit. Motion to be appointed as appellate counsel.

CR03-407. Billy Howard Chatman v. State of Arkansas, from Fulton Circuit. Pro se motion for appointment of counsel.

CR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Motion to file belated appeal.

CR03-587. Bobby S. Morgan v. State of Arkansas, from Washington Circuit. Motion for bail bond on appeal.

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.

02-822. Robert R. Cortinez, Sr. v. Arkansas Supreme Court Committee on Professional Conduct, from Arkansas Supreme Court Committee on Professional Conduct. Appellee's motion for costs.

02-822. Robert R. Cortinez, Sr. v. Arkansas Supreme Court Committee on Professional Conduct, from Arkansas Supreme Court Committee on Professional Conduct. Appellant's motion for costs.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division. Appellant's motion to file supplemental brief.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division. Appellees' motion to file supplemental brief.

SUBMISSIONS

02-450. United Food and Commercial Workers International Union et al. v. Wal-Mart Stores, Inc., from Benton Circuit. Argued orally.

CR02-1280. Frederick A. Overton v. State of Arkansas, from Bradley Circuit.

CR03-9. James Cummings and Donna Cummings v. State of Arkansas, from Logan Circuit, Southern District.

02-1211. Tommy Barnett et al. v. Leonard Howard et al., from White Circuit.

02-1275. Dr. Gary Axley et al. v. Luther B. Hardin, Director, Arkansas Higher Education Coordinating Board et al., from Scott Circuit.

02-1349. Guy Moon v. Bill R. Holloway et al., from Desha Circuit, Arkansas City District.