Anderson v. State (Arnold, C.J.) CR02-161
Criminal law — Self-defense claim not tenable where appellant was unaware of threat; trial court did not abuse discretion by excluding testimony about specific instances of violent conduct by victim. [HTML, WP5.1]

Barrett v. State (Imber, J.) CR02-584
Criminal law — Capital murder; sufficient evidence to support conviction; trial court erred in admitting .22 caliber rifle; error slight under circumstances; circuit court did not abuse discretion in allowing drug-use testimony; no abuse of discretion in allowing evidence of prior violence suffered by victim at hands of appellant; trial court did not err in finding waiver of privilege. [HTML, WP5.1]

Fudge v. State (Corbin, J.) CR02-826
Attorney & client — Failure to object to first-degree battery conviction remanded to trial court for specific findings of fact & conclusions of law; failure to present evidence of mitigation; matter remanded where order did not address five mitigating factors; trial court's refusal to admit certain documents offered by appellant reversed & matter remanded. [HTML, WP5.1]

Green v. State (Imber, J.) CR02-1203
Trial — Continuance; appellant's lack of diligence was sufficient cause for trial court to deny motions; trial court did not abuse discretion in denying. [HTML, WP5.1]

In Re: Starken (Per Curiam) 03-777
Substituted opinion on denial of petition for rehearing delivered October 23, 2003; appears in syllabus that date. [HTML, WP5.1]

McDonald v. State (Imber, J.) CR02-813
Search & seizure — Expectation of privacy; appellant did not exhibit reasonable expectation of privacy in driveway; no reasonable expectation of privacy in VIN number; no seizure took place where officer recorded VIN number; inevitable-discovery doctrine; State established by preponderance of evidence that police would have inevitably discovered evidence by lawful means. [HTML, WP5.1]

O'Neal v. State (Per Curiam) CR03-980
Attorney & client — Motion to be relieved & for appointment of counsel on appeal; granted. [HTML, WP5.1]

Raymond v. State (Brown, J.) CR02-1202
Motions — Motion to dismiss; no development of appellant's claims relating to vagueness & overbreadth before circuit court; issue not addressed on appeal. [HTML, WP5.1]

Smith v. State (Hannah, J.) CR02-1258
Constitutional law — Ark. Code Ann. § 5-14-120(a) did not violate appellant's right to equal protection; State has interest in making laws that punish school district employees who abuse their positions of trust & authority to facilitate inappropriate relationships with children; no abuse of discretion found in admission of electronic messages; trial court did not abuse discretion in denying motion for mistrial; appellant convicted of more than one offense; Ark. Code Ann. § 5-4-403(a) applicable. [HTML, WP5.1]

Southern Farm Bureau Cas. Ins. Co. v. Daggett (Glaze, J.) 02-804
Evidence — Trial court's exclusion of mechanic's testimony improperly thwarted admission of relevant & probative evidence; expert's testimony would have assisted jury in determining ultimate issue of whether truck's brakes failed; trial court's ruling oversimplified matter & was erroneous; trial judge's refusal to instruct jury on insureds' theory of case abuse of discretion; jury should have been given AMI Civ. 4th 901; motion for summary judgment denied; case reversed & remanded. [HTML, WP5.1]

Stivers v. State (Glaze, J.) CR02-1140
Statutes — Criminal statute did not enunciate particular mental state; mandatory language in Ark. Code Ann. § 27-53-101(Supp. 2001) was clear indication that mental state was irrelevant; trial court did not err in declining to engraft element of intent into statute; no error in refusing appellant's proffered instruction. [HTML, WP5.1]

Ward v. Williams (Brown, J.) 02-1380
Contracts — Formation; circuit court did not clearly err in deciding that oral contract had been established; appeal was not moot. [HTML, WP5.1]

Whitley v. Cranford (Hannah, J.) 03-183
Elections — Election contest; votes that were never cast may not be counted; where it was impossible to determine how many voters who received faulty ballot would have voted in race & who they would have voted for, result of election was uncertain; entire vote must be held for naught; without valid election & nomination no vacancy existed; trial court did not abuse discretion in denying motion for new trial. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Arnold v. State, CR 03-675 (Per Curiam), Motions for Clarification or Development of Law and for Appeal Bond, to Strike Appellee's Response to Motion for Appeal Bond, to Expand Appellant's Brief, and for Return of Seized Property denied; Motion to Reset Briefing Schedule Treated as Motion for Extension of Time to File Brief and granted September 25, 2003. [HTML, WP5.1]

Elliott v. State, CR 03-552 (Per Curiam), Pro Se Motion for Petition for Writ of Certiorari and Motion for Appointment of Counsel; petition and motion denied September 25, 2003. [HTML, WP5.1]

Kail v. State, CR 02-494 (Per Curiam), affirmed September 25, 2003. [HTML, WP5.1]

King v. State, CR 03-405 (Per Curiam), Pro Se Motion to Substitute Record, for Access to Record, and for Extension of Time to File Brief granted September 25, 2003. [HTML, WP5.1]

Pinder v. State, CR 02-1289 (Per Curiam), Pro Se Motions for Leave to File Pro Se Supplemental Brief and for Copy of Transcript at Public Expense moot September 25, 2003. [HTML, WP5.1]

Weaver v. State, CR 02-737 (Per Curiam), affirmed September 25, 2003. [HTML, WP5.1]

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

CR02-161. David Alan Anderson v. State of Arkansas, from Greene Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-1140. Harold Stivers v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Thornton, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

02-804. Southern Farm Bureau Casualty Insurance Company and Farm Bureau Mutual Insurance Company of Arkansas, Inc. v. Jesse B. Daggett, from Pulaski Circuit, Third Division. Reversed and Remanded. Imber, J., dissents in part. (26 PAGES + 4-PAGE DISSENT IN PART PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR02-826. James C. Fudge v. State of Arkansas, from Pulaski Circuit, First Division. Reversed and Remanded. Glaze, J., dissents. Thornton, J., not participating. (8 PAGES + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-1202. Daniel Anthony Raymond v. State of Arkansas, from Washington Circuit. Affirmed. Thornton, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

02-1380. Harold L. "Bud" Ward and Linda Ward v. James R. Williams, from Saline Circuit. Affirmed. Imber, J., dissents. (14 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-584. Roger Dale Barrett v. State of Arkansas, from Benton Circuit. Affirmed. Arnold, C.J., and Thornton, J., dissent. (20 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR02-813. Kent Edward McDonald v. State of Arkansas, from White Circuit. Affirmed. Thornton, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

CR02-1203. Bobby R. Green v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. Thornton, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-1258. James D. Smith v. State of Arkansas, from Clark Circuit. Affirmed on Direct Appeal, Reversed and Remanded on Cross-Appeal. Arnold, C.J., and Thornton, J., not participating. (24 PAGES PUBLISHED) [HTML, WP5.1]

03-183. Ronald Whitley v. James Cranford, Russell Cranford and Hot Spring County Board of Election Commissioners, from Hot Spring Circuit. Affirmed. Imber, J., dissents. Glaze, J., not participating. (16 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-494. John Kail v. State of Arkansas, from Cross Circuit. Affirmed. Thornton, J., not participating. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-737. Terrie Weaver and Corrina Puckett v. State of Arkansas, from Hot Spring Circuit. Affirmed. Thornton, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

03-777. In Re: Karen Alexander Starken, Arkansas Bar ID #89066, an Original Action. Motion for reinstatement to the Bar of Arkansas is denied. See per curiam this date. Substituted opinion on denial of petition for rehearing delivered October 23, 2003; appears in syllabus that date. (6 PAGES PUBLISHED) [HTML, WP5.1]  

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Motion for extension of brief time. Granted 30 days. Thornton, J., not participating.

CR80-40. Eugene I. Pitts v. State of Arkansas, from Pulaski Circuit, Fifth Division. Second motion for release of evidence for testing is granted. Thornton, J., not participating.

CR01-487. Charles Butler v. State of Arkansas, from Faulkner Circuit. Motion for belated appeal is granted. Thornton, J., not participating.

CR03-428. Danny J. Ridling v. State of Arkansas, from Pulaski Circuit, First Division. Motion to supplement the record and for brief time is granted. Thornton, J., not participating.

CR03-690. Meredith Bennett v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as counsel is denied. Attorney David Rush allowed 45 days to file brief; attorney Joe F. Atkinson, Jr. allowed to withdraw. Thornton, J., not participating.

CR03-831. John Studer v. State of Arkansas, from Hot Spring Circuit. Appellant's motion to supplement record and stay briefing. Granted 30 days. Thornton, J., not participating.

CR03-980. Ronald O'Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to be relieved and for appointment of counsel on appeal is granted. See per curiam this date. Thornton, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-1349. Guy Moon v. Bill R. Holloway and John Lewis, from Desha Circuit, Arkansas City District. Appellant's motion for reconsideration is denied. Thornton, J., not participating.

03-989. Robert Reddin et ux. v. Arkansas Department of Human Services, from Izard Circuit. Appellee's motion to dismiss appeal is granted. Thornton, J., not participating.

03-995. Steve Upton v. George R. Spence, Administrator, Estate of Nolen Upton, Deceased, from Benton Probate. Appellee's motion to dismiss appeal is granted. Thornton, J., not participating.

03-1005. Richard A. Perkins v. Cedar Mountain Sewer Improvement District #43 of Garland County, Arkansas, from Garland Circuit. Motion for protective order and for adjustment of costs is denied without prejudice. Thornton, J., not participating.

CR02-1289. Steven Pinder v. State of Arkansas, from Columbia Circuit. Pro se motions for leave to file pro se supplemental brief and for copy of transcript at public expense. Motions moot. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-405. Doug Ray King v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motion to substitute record, for access to record, and for extension of time to file brief. Motion granted. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-552. Troy Elliott v. State of Arkansas, from Crawford Circuit. Pro se motion for petition for writ of certiorari and motion for appointment of counsel. Petition and motion denied. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-675. Vera A. Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motions for clarification or development of law and for appeal bond, to strike appellee's response to motion for appeal bond, to expand appellant's brief, and for return of seized property denied; motion to reset briefing schedule treated as motion for extension of time to file brief and granted. See per curiam this date. Thornton, J., not participating. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REVIEW:

 CR03-1025. Norman Gaines v. State of Arkansas, from Columbia Circuit.

*****************************

03-1048. Nucor Corporation v. Honorable David N. Laser, Judge et al., from Mississippi Circuit, Chickasawba District. Petition for writ of prohibition and for temporary relief. Argued orally.

CR02-60. Jerold M. Charton v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal.

CR02-740. Gary Dayberry v. State of Arkansas, from Stone Circuit. Appellee's motion to dismiss appeal.

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

CR03-780. State of Arkansas v. Karl Roberts, an Original Action. Motion to review record.

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement and settle record.

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for extension of time to file brief.

CR03-832. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Appellant's motion to file enlarged brief.

CR03-1041. Raymond Walters v. State of Arkansas, from Garland Circuit. Motion to withdraw as attorney on direct appeal.

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID #81133, an Original Action. Motion for extension of brief time.

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District. Motion to amend reply brief.

03-369. Richard Barclay, Director, Arkansas Department of Finance and Admini-

stration et al. v. Jamie D. Waters et al., from Pulaski Circuit, Twelfth Division.

Appellants'/cross- appellees' motion for extension of time to file briefs and to file briefs simultaneously.

03-1040. Kevin Matthew Cholousky v. State of Arkansas, from Crawford Probate. Motion for rule on clerk.

SUBMISSIONS

03-662. Judge Wendell L. Griffen v. Arkansas Judicial Discipline and Disability Commission, an Original Action. Argued orally.

02-1365. D'Arbonne Construction Company, Inc. et al. v. Sylvia Leann Foster et al., from Ashley Circuit. Argued orally.

CR02-1129. Cameron Brazwell v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR02-1284. John D. Martin v. State of Arkansas, from Pope Circuit.

CR03-3. Elbert Holder v. State of Arkansas, from Phillips Circuit.