ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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Opinions delivered
September 8, 2003
September 11, 2003



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Opinion delivered
September 8, 2003

Gillaspie v. Ligon (Per Curiam) 03-994
Appeal & error — Motion for stay of sanctions during appeal granted. [HTML, WP5.1]


Opinions delivered
September 11, 2003

Collins v. State   (Per Curiam) CR98-563
Attorney & client — Motion to be relieved & for appointment of new counsel; amended motion requested. [HTML, WP5.1]

Jordan v. State (Per Curiam) CR03-915
Attorney & client — Motion to withdraw as attorney granted. [HTML, WP5.1]

McDonald v. State (Per Curiam) CR03-957
Appeal & error — Motion for rule on clerk treated a motion for belated appeal; denied. [HTML, WP5.1]

South Central Ark. Elec. Coop. v. Buck (Corbin, J.) 02-1366
Workers' compensation — Insurer's right to subrogation not absolute; controlling factor in determining whether appellant made whole is measure of reimbursement; trial court's conclusion that appellee had not been made whole correct; no error in determination that appellants' lien right under section 11-9-410 was unenforceable. [HTML, WP5.1]

University of Ark. for Med. Sciences v. Adams (Imber, J.) 03-036
Constitutional law — Sovereign immunity; suit against state university barred where finding in appellee's favor would necessarily subject State to financial liability; proper redress to file claim with Arkansas Claims Commission. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bader v. Clinger, CR 03-869 (Per Curiam), Pro Se Petition for Writ of Mandamus moot September 11, 2003. [HTML, WP5.1]

Berger v. State, CR 02-350 (Per Curiam), Pro Se Motion to Expedite Appeal denied September 11, 2003. [HTML, WP5.1]

Gibson v. State, CR 03-893 (Per Curiam), Pro Se Motion for Rule on Clerk to File Motions Without Record dismissed September 11, 2003. [HTML, WP5.1]

Gipson v. State, CR 03-553 (Per Curiam), Pro Se Motions for Belated Appeal, to Lodge Record Belatedly, for Rule on Clerk, for Briefing Schedule, to Consolidate Record, to Amend Motion for Rule on Clerk, and Petition for Writ of Certiorari. Motion for belated appeal treated as motion for rule on clerk and denied; all other motions and petition for writ of certiorari moot September 11, 2003. [HTML, WP5.1]

Leggins v. Norris, 02-1018 (Per Curiam), affirmed September 11, 2003. [HTML, WP5.1]

Lenz v. Reynolds, CR 03-376 (Per Curiam), Pro Se Petition for Writ of Mandamus moot September 11, 2003. [HTML, WP5.1]

Ramaker v. Clinger, CR 03-664 (Per Curiam), Pro Se Petition for Writ of mandamus moot September 11, 2003. [HTML, WP5.1]

Whitham v. State, CR 01-528 (Per Curiam), affirmed September 11, 2003. [HTML, WP5.1]


ORIGINAL SYLLABUS

DONALD L. CORBIN, JUSTICE:

02-1366. South Central Arkansas Electric Cooperative and Arkansas Rural Electric Self Insurance Trust v. Richard Buck, from Nevada Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-36. University of Arkansas for Medical Sciences d/b/a University Hospital v. Gregg Alexander Adams, from Sebastian Circuit, Fort Smith District. Reversed and Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR01-528. Glenn Edward Whitham v. State of Arkansas, from Sevier Circuit. Affirmed. Thornton, J., not participating. (9 PAGES UNPUBLISHED) [HTML, WP5.1]

02-1018. James Leggins v. Larry Norris, Director, Arkansas Department of Correction, from Jackson Circuit. Affirmed. Thornton, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REVIEW DENIED: Petition for review was denied today in the following case.

03-672. David Roper et ux. v. Quail Buster, Inc. et al., from Pulaski Circuit, Seventh Division.

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CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Motion to be relieved and for appointment of new counsel. Amended motion requested. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-915. Demarcus Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to be relieved as attorney for appellant and stay briefing schedule. Motion granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-344. Paul E. Hanlin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's second petition for writ of certiorari to complete the record. Granted 30 days;substituted abstract and brief due 30 days thereafter. Thornton, J., not participating.

CR03-714. Jimmy L. Housley v. State of Arkansas, from Marion Circuit. Motion for belated brief and motion for brief time. Motions granted. Thornton, J., not participating.

CR03-750. Roderick White v. State of Arkansas, from Howard Circuit. Motion for compliance with Arkansas Supreme Court Rule 4-2(a)(5) and (8) and/or additional brief time. Granted 30 days. Thornton, J., not participating.

CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Motion for rule on clerk is denied. See per curiam this date. Thornton, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Pro se motion to expedite appeal. Motion denied. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-376. Michael Lenz v. Honorable David L. Reynolds, Judge, from Faulkner Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-553. David Earl Gipson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motions for belated appeal, to lodge record belatedly, for rule on clerk, for briefing schedule, to consolidate record, to amend motion for rule on clerk, and petition for writ of certiorari. Motion for belated appeal treated as motion for rule on clerk and denied; all other motions and petition for writ of certiorari moot. See per curiam this date. Thornton, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-664. Michael Jay Ramaker v. Honorable David Clinger, Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-869. Steve Bader v. Honorable David S. Clinger, Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-893. Philip Gibson v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for rule on clerk to file motions without record. Motion dismissed. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CA03-233. Angela Renee Akins v. Michael James Mofield, from Mississippi Circuit, Chickasawba District. Appellant's motion to certify, transfer, and reassign appeal to the Arkansas Supreme Court is granted.

CA03-304. Liberty Mutual Insurance Company v. Donald Whitaker, from Lonoke Circuit. Appellant's motion to certify to the Arkansas Supreme Court is denied.

03-994. Donny G. Gillaspie v. Stark Ligon, Executive Director, Arkansas Supreme Court Committee on Professional Conduct, an Original Action. Motion for stay of sanctions during appeal; motion for expedited consideration of motion for stay. Motions granted. See per curiam. Arnold, C.J., and Thornton, J., not participating. (Proceedings of September 8, 2003.) (3 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

CR03-507. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal.

CR03-507. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit. Motion to deny the appellant's request for oral argument.

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Motion for extension of brief time.

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Petition for writ of certiorari to complete the record.

03-674. David Hugh Williams v. Arkansas Department of Corrections et al., from Jefferson Circuit. Pro se motion to stay adjudication of appeal.

03-674. David Hugh Williams v. Arkansas Department of Corrections et al., from Jefferson Circuit. Motion for extension of time to file appellee's brief and response to motion to stay adjudication of appeal.

03-682. Teresa Davis v. Corliss M. Williamson, from Washington Circuit. Appellant's motion to supplement the record, for writ of certiorari and to stay briefing schedule.

03-979. In Re: Arkansas Bar Association, an Original Action. Petition for creation of Arkansas Access to Justice Commission.

03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Petition for writ of certiorari to complete the record.

03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Petition for writ of certiorari to complete the record.

03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Petition for writ of certiorari to complete the record.

SUBMISSIONS

CR01-1196. Joshua Brown v. State of Arkansas, from Benton Circuit.

CR02-813. Kent Edward McDonald v. State of Arkansas, from White Circuit.

CR02-826. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division.

CR02-868. Eric Gaines v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR02-970. Maurice London v. State of Arkansas, from Pulaski Circuit, Second Division.

CR02-1278. State of Arkansas v. Joseph K. Sola, from Pope Circuit.