Arnold v. Camden News Pub. Co. (Arnold, C.J.) 01-1228

Appeal & error -- Denial of motion to extend time to file notice of appeal; appellant should have been aware that order could have been entered at any time; trial court did not abuse discretion in denying appellant's motion. [HTML, WP5.1]

Axley v. Hardin (Glaze, J.) 02-1275

Mandamus, writ of -- No clear & certain right to relief sought; appellant failed to demonstrate that he had no other adequate remedy; alternate available remedy barred writ; denial of not abuse of discretion. [HTML, WP5.1]

Bullock v. State (Imber, J.) CR01-884

Attorney & client -- Change of counsel; must be considered in context of public's interest in prompt dispensation of justice; trial court did not abuse discretion in denying motions to relieve counsel. [HTML, WP5.1]

Cummings v. State (Hannah, J.) CR03-009

Criminal law -- Substantial evidence existed from which jury could conclude that scenes in videotape & photos depicted on website were "lewd," as contemplated by statute; appellants violated Ark. Code Ann. § 5-27-303(b) & 5-27-403(a); affidavit clearly established requisite factual basis to justify nighttime search; motion to suppress properly denied; statutes constituted separate offenses; no violation or appellants double-jeopardy rights. [HTML, WP5.1]

Hyden v. Highcouch, Inc. (Thornton, J.) 02-1172

Jury -- General-verdict form used; court will not speculate as to basis for damages. [HTML, WP5.1]

In Re: Fuchs (Per Curiam) 02-1234

Contempt -- Order of contempt; dissolved. [HTML, WP5.1]

Lewellen v. Supreme Court Comm. on Prof'l Conduct (Hannah, J.) 02-1199

Attorney & client -- Attorney discipline; attorney expected to know law; appellant erred in failing to timely file notice of appeal; more than one rational basis for warning being unavailable after public hearing may be stated as example. [HTML, WP5.1]

McLane Co. v. Davis (Glaze, J.) 02-1057

Administrative law & procedure -- Unfair Cigarette Sales Act was intended to give Board authority to alter Act's presumptive 2% markup in any proceedings other than one involving court enforcement; Board's authority not without limitations; Board failed to show that it Regulation & actions fell within Act's provisions; 4% cost of doing business found arbitrary, ultra vires, and unenforceable; Regulation contained essentials of complete regulation without Regulation 1988-2's flawed definition of "basic cost" & so was still valid & enforceable; Act's definition will govern & 2% presumptive cost of doing business will be employed. [HTML, WP5.1]

Morgan v. State (Per Curiam) CR03-587

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

Robbins v. State (Brown, J.) CR98-1394

Appeal & error -- Mandate; set aside & case reopened because of unique circumstances; writ of certiorari issued; rebriefing ordered. [Dissenting Opinion on Denial of Rehearing delivered September 4, 2003.] [HTML, WP5.1]  

State v. Harmon (Brown, J.) CR03-135

Arrest -- Pretextual stop; valid stop does not become unreasonable merely because of officer's intuitive suspicions; common-law jurisprudence does not support invalidation of search because traffic stop was made by officer who suspected other criminal activity; suppression order reversed & remanded; search & seizure of drugs was valid. [HTML, WP5.1]

Valenzuela v. State (Per Curiam) CR03-373

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

Walley v. State (Imber, J.) CR02-1002

Motions -- Directed verdict; trial court's denial affirmed where sufficient evidence linked appellant to contraband; fair trial; appellant failed to show that location of courtroom in criminal justice facility was more prejudicial than courtroom in courthouse; circuit court did not err in refusing appellant's proffered jury instructions; evidence seized could not have been fruit of poisonous tree because no search was conducted based on littering arrest warrant; distinctive odor of methamphetamine lab was valid contributing factor in establishing probable cause; person does not have objectively reasonable expectation of privacy in area around rental residence; circuit court did not err in denying appellant's motion to suppress based on partially incorrect address listed in warrant. [HTML, WP5.1]

Welch v. State (Per Curiam) CR03-539

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

In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [HTML, WP5.1]

In Re: Fuchs (Per Curiam) 03-633 [HTML, WP5.1]

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

Boyland v. State, CR 03-333 (Per Curiam), Pro Se Motions for Access to Transcript to Prepare Brief and for Extension of Time to File Brief moot; appeal dismissed June 12, 2003. [HTML, WP5.1]

Dodson v. State, CR 02-1221 (Per Curiam), Pro Se Motion to File a Belated Reply Brief granted; Pro Se Motion for Duplication of Reply Brief at Public Expense denied June 12, 2003. [HTML, WP5.1]

Green v. State, CR 02-1203 (Per Curiam), Pro Se Motions to File a Supplemental Pro Se Brief and Motion for Release of Medical Records denied June 12, 2003. [HTML, WP5.1]

Hutcherson v. State, CR 02-373 (Per Curiam), affirmed June 12, 2003. [HTML, WP5.1]

King v. State, CR 02-781 (Per Curiam), Pro Se Motion to File Petition for Review Without Remitting Filing Fee denied June 12, 2003. [HTML, WP5.1]

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

01-1228. Gale Hussman Arnold v. Camden News Publishing Company and Walter E. Hussman, Jr., Individually and as Trustee of the Walter E. Hussman, Jr. Family Trust, from Pulaski Circuit, Thirteenth Division. Affirmed. Special Justices Warren Dupwe, Curt Huckaby, and W. Kelvin Wyrick join. Corbin, Brown, Imber, and Thornton, JJ., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-1057. McLane Company, Inc. v. Charlie Davis, Director of the Arkansas Tobacco Control Board, the Arkansas Tobacco Control Board, and Earl Gill Wholesale, Inc., from Pulaski Circuit, Thirteenth Division. Affirmed in Part; Reversed and Remanded in Part. Imber, J., dissents. Corbin, J., not participating. (16 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-1275. Dr. Gary Axley and the Church of Natural Healing and the Southern College of Naturopathy v. Lu Hardin, as Director of the Arkansas Department of Higher Education and the Arkansas Higher Education Coordinating Board, Jointly, Individually, and Severally, and in Their Official Capacities as Director and Members of the Board, from Scott Circuit. Affirmed. Corbin, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR98-1394. Robert Robbins v. State of Arkansas, from Craighead Circuit, Western District. Petition to Reopen Case Granted; Writ of Certiorari Ordered; Rebriefing Ordered. Glaze and Imber, JJ., dissent. Corbin, J., not participating. (12 PAGES + 4-PAGE DISSENT PUBLISHED) [1-PAGE Dissenting Opinion on Denial of Rehearing delivered September 4, 2003.] [HTML, WP5.1]

CR03-135. State of Arkansas v. Michael Harmon, from Pope Circuit. Reversed and Remanded. Corbin, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR01-884. Erik James Bullock v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Corbin, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

CR02-1002. Johnny Walley v. State of Arkansas, from Union Circuit. Affirmed. (22 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-1172. Jim Hyden, Glenn Borkowski and Hyden, Miron & Foster, PLLC v. Highcouch, Inc. & Donnieron, LLC., from Pulaski Circuit, Second Division. Affirmed. Imber, J., concurs. Corbin, J., not participating. (9 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-9. James Cummings and Donna Cummings v. State of Arkansas, from Logan Circuit. Affirmed. Corbin, J., not participating. (23 PAGES PUBLISHED) [HTML, WP5.1]

02-1199. Roy C. Lewellen v. Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Affirmed. Corbin, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-373. Willie Hutcherson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

02-290. Holt Bonding Company, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Corbin, J., not participating.

02-1046. Nigel Merez et al. v. Squire Court Limited Partnership, from Pulaski Circuit, Third Division. Imber, J., would grant. Corbin, J., not participating.

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

03-563. Jim Green et al. v. City of Jacksonville, from Pulaski Circuit, Twelfth Division. Corbin, J., not participating.

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

CR03-561. Jeannie Campbell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Corbin, J., not participating.

CR03-567. Carl Gene McGhee v. State of Arkansas, from Perry Circuit. Corbin, J., not participating.

CR03-568. Marvin W. Tull v. State of Arkansas, from Saline Circuit. Corbin, J., not participating.

03-565. Sharon Hays Martindale v. The Estate of Sherman Martindale, Deceased et al., from Crawford Probate. Corbin, J., not participating.

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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 is denied. See opinion this date. Corbin, J., not participating.

CR03-323. Gregory Fisher v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. Corbin, J., not participating.

CR03-539. Billy Welch v. State of Arkansas, from Dallas Circuit. Motion for rule on clerk is denied; motion to complete and settle the record is moot. See per curiam this date. Corbin, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Appellee's motion to file enlarged brief is denied. Corbin, J., not participating.

CR03-131. Jason Carter v. State of Arkansas, from Pulaski Circuit, First Division. Petition for writ of certiorari to complete the record is granted. Corbin, J., not participating.

CR03-334. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to correct the record is granted. Corbin, J., not participating.

CR03-373. Jose Valenzuela v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. See per curiam this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-407. Billy Howard Chatman v. State of Arkansas, from Fulton Circuit. Motion to be appointed as appellate counsel is granted. Corbin, J., not participating.

CR03-407. Billy Howard Chatman v. State of Arkansas, from Fulton Circuit. Pro se motion for appointment of counsel is granted. Corbin, J., not participating.

CR03-587. Bobby Morgan v. State of Arkansas, from Washington Circuit. Motion to file belated transcript treated as motion for rule on clerk and denied; motion for bail bond on appeal is denied. See per curiam this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-822. Robert R. Cortinez, Sr. v. Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellee's motion for costs is denied. Glaze and Hannah, JJ., would grant. Corbin, J., not participating.

02-822. Robert R. Cortinez, Sr. v. Supreme Court Committee on Professional Conduct, from Committee on Professional Conduct. Appellant's motion for costs is denied. Corbin, J., not participating.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division. Appellant's motion to file supplemental brief is granted. Corbin, J., not participating.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division. Appellees' motion to file supplemental brief is granted. Corbin, J., not participating.

CR02-781. Keith A. King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to file petition for review without remitting filing fee. Motion denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1203. Bobby R. Green v. State of Arkansas, from Desha Circuit, Arkansas City District. Pro se motions to file a supplemental pro se brief and motion for release of medical records. Motions denied. See per curiam this date. Corbin, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1221. Johnny Dodson v. State of Arkansas, from Monroe Circuit. Pro se motions to file a belated reply brief and for duplication of reply brief at public expense. Motion to file a belated reply brief 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]

CR03-333. Ashford T. Boyland v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motions for access to transcript to prepare brief and for extension of time to file brief. Appeal dismissed; motions moot. See per curiam this date. Corbin, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

03-633. In Re: Kenneth George Fuchs, (Arkansas Bar ID #81063). See per curiam this date. Corbin, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-1234. In Re: Kenneth George Fuchs, (Arkansas Bar ID #81063). Order of contempt dissolved. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

02-1349. Guy Moon v. Bill R. Holloway and John P. Lewis, from Desha Circuit, Arkansas City District. Rebriefing ordered. See per curiam. Corbin, J., not participating. (Proceedings of June 9, 2003). (3 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Board of Certified Court Reporter Examiners. See per curiam. (Proceedings of June 9, 2003). (1 PAGE PUBLISHED) [HTML, WP5.1]

Ms. Maria Lafferty, Certified Court Reporter, is hereby appointed to serve as the Executive Secretary to the Board of Certified Court Reporter Examiners, effective immediately. The Court thanks Ms. Lafferty for accepting appointment to this most important position.

In Re: Board of Certified Court Reporter Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Michael Fitzhugh, Circuit Judge, 12^th Judicial Circuit, is reappointed to the Board of Certified Court Reporter Examiners for a three-year term to expire on July 31, 2006. The Court thanks Judge Fitzhugh for accepting reappointment to the Board. The Honorable Mackie Pierce, Circuit Judge, 6th Judicial Circuit, and Ms. Alice Cook of Cabot, a certified court reporter, are appointed to the Board of Certified Court Reporter Examiners. Each term is for three years and expires on July 31, 2006. We thank Judge Pierce and Ms. Cook for their willingness to serve on this important Board.

The Court expresses its gratitude to the Honorable Robert McCorkindale of Harrison, and Ms. Joyce Helms of Arkadelphia, whose terms have expired, for their years of service to the Board.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR03-511. Jerry Brown v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR03-566. Stanley I. Nelson v. State of Arkansas, from Pulaski Circuit, Sixth Division.

03-544. Willien Wesley et al. v. Estate of Joseph "Joe" Bosley, Deceased et al., from Pulaski Circuit, Seventeenth Division.

03-577. Linda L. King v. Baxter County Regional Hospital Risk Management Resources, from Workers' Compensation Commission.

03-590. James M. Mason v. America A. Mason (Hood), from White Circuit.

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CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion to extend stay of proceedings until completion of agreed forensic DNA testing.

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Motion to extend stay of proceedings until completion of agreed forensic DNA testing.

CR03-21. Johnny Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to reconsider.

CR03-289. Robert Dale Shackleford v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

02-1355. State Farm Fire and Casualty Company v. Jewell Ledbetter, from Crittenden Circuit. Appellee's motion to strike portions of page 13 of State Farm Fire and Casualty's reply brief and supplemental addendum.

CA02-1388. Natasha Saine v. Comcast Cablevision of Arkansas, Inc., from Pulaski Circuit, Third Division. Appellee's motion to certify to Supreme Court.

03-203. Barbara Stacks v. Leon Marks, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal.

03-331. Kevin Smith v. Honorable Wiley A. Branton, Jr., Judge and Honorable Mary Spencer McGowan, Judge, from Pulaski Circuit, Eighth and Ninth Divisions. Petitioner's motion for clarification.

03-399. Teresa Davis v. Corliss M. Williamson, from Washington Circuit. Appellant's motion for reconsideration.

03-411. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Second Division. Joint motion to supplement the record.

03-412. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Sixth Division. Joint motion to supplement the record.

03-413. Lamar Outdoor Advertising, Inc. v. Arkansas State Highway and Transportation Department, from Pulaski Circuit, Third Division. Joint motion to supplement the record.

03-585. Tom Travis v. Mary Bryant, d/b/a The Junker With Three Hearts, from Pulaski Circuit, Sixth Division. Petition for writ of certiorari to complete the record.

03-591. Cameron Scott Bolin v. Richard Roachell, d/b/a Roachell Law Firm, from Pope Circuit. Motion for rule on clerk.

03-648. Omni Holding and Development Corporation et al. v. Honorable David Burnett, Judge, from Crittenden Circuit. Motion for expedited consideration; motion for temporary stay and petition for writ of certiorari.

SUBMISSIONS

02-1231. Richard Weiss, Director, Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division. Argued orally.

02-707. George T. Ginsburg et al. v. Phyllis Ginsburg, from Garland Probate.

02-1117. William K. Williams, P.T. v. Arkansas State Board of Physical Therapy, from Jefferson Circuit.

02-1302. William Dabbs, Jr., P.A. et al. v. State Farm Mutual Automobile Insurance Company, from Pulaski Circuit, Sixth Division.

03-25. Glenn Hisaw et ux. v. State Farm Mutual Automobile Insurance Company, from Carroll Circuit, Western District.

03-39. United States Fidelity & Guaranty Company et al. v. Continental Casualty Company, from Pulaski Circuit, Seventh Division.