Brazwell v. State (Glaze, J.) CR02-1129
Criminal procedure Appellant suspected of committing misdemeanor that did not involve danger of forcible injury to persons or damage to property; appellant's stop & detention impermissible under Ark. R. Crim. P. 3.1; officer had no reasonable suspicion to arrest appellant for loitering; officer had no basis for stopping & detaining appellant; trial court erred in denying motion to suppress.
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Martin v. State (Corbin, J.) CR02-1284
Criminal law Sexual crimes against children; rape; victim's testimony alone constituted substantial evidence to support rape conviction; denial of directed verdict affirmed where evidence demonstrated that appellant occupied position of trust or authority over victim; proffered testimony not probative of victim's veracity or bias; appellant offered improper testimony to show that victim was immoral person.
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Welch v. State (Per Curiam) CR03-539
Appeal & error Motion for rule on clerk; good cause for granting.
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APPENDIX
RULES ADOPTED OR AMENDED BY PER CURIAM ORDER
In Re: Ark. R. Civ. P. 55(c) (Per Curiam) [HTML, WP5.1]
In Re: Ark. R. Crim. P. 8.2(b) and 24.3(b) (Per Curiam) [HTML, WP5.1]
OPINIONS NOT DESIGNATED FOR PUBLICATION
Anderson v. State, CR 03-512 (Per Curiam), Pro Se Petition for Writ of Certiorari denied; Pro Se Motions for Access to Record of Sentencing Proceeding and for Extension of Time to File Brief, Motion for Extension of Time to File Brief and Motion to Duplicate Motions at Public Expense moot October 2, 2003. [HTML, WP5.1]
Berger v. State, CR 02-350 (Per Curiam), Pro Se Motion to Address Points in Trial Court's Written Findings; Pro Se Motion to Include Authorities remanded October 2, 2003. [HTML, WP5.1]
Burchfield v. Reynolds, CR 03-983 (Per Curiam), Pro Se Petition for Writ of Mandamus moot October 2, 2003. [HTML, WP5.1]
Campbell v. State, CR 02-953 (Per Curiam), affirmed October 2, 2003. [HTML, WP5.1]
Clem v. Burnett, CR 03-894 (Per Curiam), Pro Se Petition for Writ of Mandamus moot October 2, 2003. [HTML, WP5.1]
Cooper v. State, CR 02-933 (Per Curiam), affirmed October 2, 2003. [HTML, WP5.1]
Dodson v. State, CR 02-1221 (Per Curiam), rebriefing ordered October 2, 2003. [HTML, WP5.1]
Green v. State, CR 02-1243 (Per Curiam), affirmed; motion to delay appeal denied October 2, 2003. [HTML, WP5.1]
Lamar v. State, CR 03-521 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed October 2, 2003. [HTML, WP5.1]
Rhodes v. State, CR 03-497 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed With Appeal of Postconviction Order denied October 2, 2003. [HTML, WP5.1]
Trotter v. State, CR 03-363 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted October 2, 2003. [HTML, WP5.1]
Wright v. State, CR 03-121 (Per Curiam), Pro Se Motions for Extension of Time to File Appellant's Brief; initial motion for extension of time granted and subsequent motion moot October 2, 2003. [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR02-1129. Cameron Brazwell v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed. Thornton, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR02-1284. John D. Martin v. State of Arkansas, from Pope Circuit. Affirmed. Thornton, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR02-933. Billy W. Cooper v. State of Arkansas, from Izard Circuit. Affirmed. Thornton, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-953. Calvin LaShawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. Thornton, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1243. Bobby L. Green v. State of Arkansas, from Pulaski Circuit, Sixth Division. Affirmed; Motion to Delay Appeal Denied. 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.
CR03-1025. Norman Gaines v. State of Arkansas, from Columbia Circuit. Thornton, J., not participating.
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CR02-60. Jerold M. Charton v. State of Arkansas, from Conway Circuit. Appellee's motion to dismiss appeal is granted. Thornton, J., not participating.
CR02-740. Gary Dayberry v. State of Arkansas, from Stone Circuit. Appellee's motion to dismiss appeal is granted. Thornton, J., not participating.
CR03-539. Billy Welch v. State of Arkansas, from Dallas Circuit. Motion for rule on clerk is granted. See per curiam this date. Thornton, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement and settle record. Granted 45 days. Thornton, J., not participating.
CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for extension of time to file brief is granted. Thornton, J., not participating.
CR03-832. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Appellant's motion to file enlarged brief is denied. See Pemberton v. State, 291 Ark. 198, 723 S.W.2d 372 (1987). Thornton, J., not participating.
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 is granted; final extension. Brief due October 23, 2003. Thornton, J., not participating.
03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District. Motion to amend reply brief is granted. Thornton, J., not participating.
03-369. Richard Barclay, Director, Arkansas Department of Finance and Administration 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 is granted. Thornton, J., not participating.
03-1040. Kevin Matthew Cholousky v. State of Arkansas, from Crawford Probate. Motion for rule on clerk is denied. Thornton, J., not participating.
03-1048. Nucor Corporation v. Honorable David N. Laser, Judge et al., from Mississippi Circuit, Chickasawba District. Petition for writ of prohibition is granted. See VanWagoner v. Beverly Enterprises, 334 Ark. 12 (1998); Johnson v. Union Pacific Railroad, 104 S.W.3d 745 (2003), and Merez v. Squire Court Limited Partnership (May 15, 2003). (Proceedings of September 25, 2003)
CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Pro se motion to address points in trial court's written findings; pro se motion to include authorities, from Faulkner Circuit. Remanded. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR02-1221. Johnny Paul Dodson v. State of Arkansas, from Monroe Circuit. Rebriefing ordered. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-121. Almer Willis Wright v. State of Arkansas, from Hot Spring Circuit. Pro se motions for extension of time to file appellant's brief. Initial motion for extension of time granted; subsequent motion moot. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-363. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit. Pro semotion for extension of time to file brief. Motion granted. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR03-497. John H. Rhodes v. State of Arkansas, from Van Buren Circuit. Pro se motion for rule on clerk to proceed with appeal of postconviction order. Motion denied. See per curiam this date. Thornton, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-512. James Ken Anderson a/k/a James Kenneth Anderson v. State of Arkansas, from Miller Circuit. Pro se petition for writ of certiorari, motions for access to record of sentencing proceeding and for extension of time to file brief, motion for extension of time to file brief, and motion to duplicate motions at public expense. Petition for writ of certiorari denied; motions moot. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-521. Anthony D. Lamar v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]
CR03-894. Joe Edwin Clem v. Honorable David Burnett, Judge, from Craighead Circuit, Western District. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. Thornton, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]
CR03-983. Lisa Burchfield v. Honorable David 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]
In Re: Ark. R. Civ. P. 55(c). See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Arkansas Rules of Criminal Procedure, Rules 8.2(b) and 24.3(b). See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
MOTIONS SUBMITTED
CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as counsel.
CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for extension of time for rebriefing.
CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for appointment of counsel.
CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Motion to file enlarged reply brief.
CR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Secondmotion to withdraw as counsel and motion for rule on clerk.
CR03-819. Justin Porter v. State of Arkansas, from Baxter Circuit. Appellee's motion to file supplemental brief.
CR03-844. Justin Scott Thornhill v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal.
CR03-935. Bufford McDonald v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal.
CR03-1050. Adam David Borel v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated appeal.
CR03-1058. Donna Sue Carroll v. State of Arkansas, from Conway Circuit. Appellant's motion to dismiss appeal.
CR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Motion for rule on clerk.
CR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for belated appeal.
02-1355. State Farm Fire and Casualty Company v. Jewell Ledbetter et al., from Crittenden Circuit. Appellees' motion to reschedule oral argument.
03-409. R.K. Enterprises et al. v. Pro-Comp Management, Inc. et al., from Washington Circuit. Appellees' motion for expansion of brief page limit, extension of time, and to stay briefing schedule.
03-516. Sam M. Butler, Jr. v. Union Planters Bank, N.A., from Pulaski Circuit, Third Division. Appellant's motion to withdraw appeal and remand.
03-678. Northport Health Services, Inc. et al. v. Diane Owens et al., from Washington Circuit. Appellees' motion to file supplemental brief.
03-755. Manila School District No. 15 et al. v. Charolette Wagner, from Mississippi Circuit, Chickasawba District. Motion for expedited hearing and objection to extension.
03-779. Bill's Printing, Inc. et al. v. George F. Carder III et ux., from Cleburne Circuit. Appellants' motion to file supplemental brief.
03-1064. G. Lee Cranfill, M.D. v. Union Planters Bank, N.A. et al., from Craighead Circuit, Western District. Motion to accept transcript and record.
03-1074. Angela Doss et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion for rule on clerk.
SUBMISSIONS
CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.
CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.
CR02-1345. Corey McClina v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR03-17. Carlos Mezquita v. State of Arkansas, from Benton Circuit.
CR03-54. Gwendolyn Rikard and Stacy Darnell v. State of Arkansas, from Craighead Circuit, Western District.
CR03-58. Jeffrey Stewart Swartz v. Honorable Chris Piazza, Judge, from Pulaski Circuit, Second Division.
CR03-99. Stanley Eugene Ellison v. State of Arkansas, from Crawford Circuit.