Cranfill v. Union Planters Bank (Per Curiam) 03-1064
Appeal & error — Motion to accept record & transcript; granted. [HTML, WP5.1]

D'Arbonne Constr. Co. v. Foster (Arnold, C.J.) 02-1365
Damages — Punitive-damage award; evidence sufficient to support; award upheld. [HTML, WP5.1]

Ellison v. State (Glaze, J.) CR03-99
Witnesses — Evidence that witness may have committed burglary not probative of truthfulness; no error in trial court's refusal to permit cross-examination; trial court properly denied motion for continuance; appellant failed to meet burden of proving abuse of discretion. [HTML, WP5.1]

Holder v. State (Hannah, J.) CR03-03
Criminal law — Capital murder; substantial evidence supported jury verdict; recusal; no objective showing of prejudice or communication of bias by trial court; findings on Batson challenge clearly against preponderance of evidence; Batson error not subject to harmless-error analysis; matter reversed; jury bias; abuse of discretion not to excuse for cause juror who had received dun letters & threats of eviction from appellant's attorney. [HTML, WP5.1]

Lewis v. State (Imber, J.) CR02-1268
Appeal & error — Record on appeal was sufficient; constitutional arguments rendered moot. [HTML, WP5.1]

London v. State (Arnold, C.J.) CR02-970
Jury — Batson challenge; explanations offered by State were not mere denials of racial discrimination & met requirement of step two; appellant failed to show trial court erred in denying his Batson motion where he did no more that point to number of African-American jurors struck from venire panel. [HTML, WP5.1]

Lowry v. State (Per Curiam) CR03-1065
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

McClina v. State (Hannah, J.) CR02-1345
Criminal procedure — Contemporaneous objection rule has clear purposes; appellant's argument to contrary without merit; appellant failed to show that he had ben denied counsel on appeal; argument made without citation to authority not addressed. [HTML, WP5.1]

McCoy v. State (Arnold, C.J.) CR02-1277
Evidence — Appellant indicated that incident was mistake or accident; evidence of prior conviction for domestic battering was properly introduced to show absence of mistake or accident; jury's verdict supported by substantial evidence; conviction affirmed. [HTML, WP5.1]

Rikard v. State (Brown, J.) CR03-54
Search & seizure — Warrantless search of trash or garbage; what person knowingly exposes to public is not subject of Fourth Amendment protection; city ordinance in effect at time of search of appellants' garbage was not intended to give citizens expectation of privacy in discarded & abandoned trash; societal understanding as to privacy rights in garbage based on Arkansas Constitution & applicable to state as whole. [HTML, WP5.1]

State v. Roberts (Per Curiam) CR03-780
Appeal & error — Motion to review record; granted. [HTML, WP5.1]

Swartz v. Piazza (Arnold, C.J.) CR03-58
Criminal procedure — Speedy trial; defendant considered unavailable pursuant to Ark. R. Crim. P. 28.3; speedy-trial rights not violated; clerk's records sufficiently memorialized fact that petitioner failed to appear for trial in order to satisfy requirements of Rule 28.3. [HTML, WP5.1]

Walters v. State (Per Curiam) CR03-1041
Attorney & client — Motion to withdraw as attorney on direct appeal; denied. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

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

OPINIONS NOT DESIGNATED FOR PUBLICATION

Borel v. State, CR 03-1050 (Per Curiam), Motion for Belated Appeal and Motion to Supplement Record on Motion for Belated Appeal remanded October 9, 2003. [HTML, WP5.1]

Cobb v. State, CR 02-785 (Per Curiam), affirmed October 9, 2003. [HTML, WP5.1]

Goins v. State, CR 02-972 (Per Curiam), Appellant's Motion for Reconsideration denied October 9, 2003. [HTML, WP5.1]

Hall v. State, CR 03-537 (Per Curiam), Pro Se Motion for Belated Appeal of Orders denied October 9, 2003. [HTML, WP5.1]

Jones, Emmitt v. State, CR 03-491 (Per Curiam), Motion for Belated Appeal of Order granted October 9, 2003. [HTML, WP5.1]

Jones, William Frank v. State, 02-412 (Per Curiam), Pro Se Motion for Extension of Time to File Substituted Brief granted October 9, 2003. [HTML, WP5.1]

Lacy v. State, CR 02-985 (Per Curiam), rebriefing ordered October 9, 2003. [HTML, WP5.1]

Latta v. State, CR 03-494 (Per Curiam), Pro Se Motion for Extension of Time to File Brief and for Access to Transcript granted October 9, 2003. [HTML, WP5.1]

Nichols v. Norris, 03-277 (Per Curiam), Pro Se Motions for Extension of Time to File Appellant's Brief and to Supplement the Record granted; Pro Se Motion for Continuance Until Motion to Supplement Acted on by Court moot October 9, 2003. [HTML, WP5.1]

Risher v. State, CR 03-311 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Reply Brief granted; Pro Se Motion to Preserve Evidence, for Leave to Submit Supplemental Abstract and Addendum in the Event that Abstract Found Deficient, and to Note Error in Prior Opinion denied October 9, 2003. [HTML, WP5.1]

Smith v. State, CR 03-338 (Per Curiam), Pro Se Motions for Extensions of Time to File Appellant's Brief moot; appeal dismissed October 9, 2003. [HTML, WP5.1]

Stephenson v. Maggio, CR 03-616 (Per Curiam), Pro Se Petition for Writ of Mandamus dismissed October 9, 2003. [HTML, WP5.1]

Thomas v. State, CR 02-1347 (Per Curiam), rebriefing ordered October 9, 2003. [HTML, WP5.1]

Watkins v. State, CR 03-636 (Per Curiam), Pro Se Petition for Writ of Certiorari moot; appeal dismissed October 9, 2003. [HTML, WP5.1]

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

CR02-970. Maurice London v. State of Arkansas, from Pulaski Circuit, Second Division. Affirmed. Brown and Thornton, JJ., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

CR02-1277. Cartrell Lewan McCoy v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Hannah, J., concurs. Thornton, J., not participating. (7 PAGES + 9-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CR03-58. Jeffrey Stewart Swartz v. Honorable Chris Piazza, Judge, on Petition for Writ of Prohibition from the Pulaski County Circuit Court, Second Division. Writ Denied. Thornton, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

02-1365. D'Arbonne Construction Co., Inc., Caskey Terral, Terral Logging Company, Lee E. Johnson, Warner Canley v. Sylvia Leann Foster, Gus Culbreath, Randy Culbreath, Sherri Culbreath, from Ashley Circuit. Affirmed. Court of Appeals Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-99. Stanley Eugene Ellison v. State of Arkansas, from Crawford Circuit. Affirmed. Thornton, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-54. Gwendolyn Rikard and Stacy Dino Darnell v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Thornton, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-1268. Roderick D. Lewis v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Brown, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR02-1345. Corey Demont McClina v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Brown and Thornton, JJ., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

CR03-3. Elbert Holder v. State of Arkansas, from Phillips Circuit. Reversed and Remanded. Thornton, J., not participating. (18 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-785. Marcellous Cobb v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

CR03-780. State of Arkansas v. Karl Roberts, an Original Action. Motion to review record is granted. See per curiam this date. Thornton, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1041. Raymond Walters v. State of Arkansas, from Garland Circuit. Motion to withdraw as attorney on direct appeal is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as counsel is granted.

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for extension of time for rebriefing is granted.

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for appointment of counsel is granted. Attorney Jonathan T. Lane appointed as counsel.

CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Motion to file enlarged reply brief is granted.

CR03-819. Justin Porter v. State of Arkansas, from Baxter Circuit. Appellee's motion to file supplemental brief is granted.

CR03-844. Justin Scott Thornhill v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal is granted.

CR03-935. Bufford McDonald v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal is granted.

CR03-1050. Adam David Borel v. State of Arkansas, from Pulaski Circuit, FifthDivision. Motion for belated appeal and motion to supplement record on motion for belated appeal. Remanded. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1058. Donna Sue Carroll v. State of Arkansas, from Conway Circuit. Appellant's motion to dismiss appeal is granted.

CR03-1065. Michael Lowry v. State of Arkansas, from Saline Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

02-1355. State Farm Fire and Casualty Company v. Jewell Ledbetter et al., from Crittenden Circuit. Appellees' motion to reschedule oral argument is denied.

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 is granted.

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 is granted.

03-678. Northport Health Services, Inc. et al. v. Diane Owens et al., from Washington Circuit. Appellees' motion to file supplemental brief is granted.

03-755. Manila School District No. 15 et al. v. Charlette Wagner, from Mississippi Circuit, Chickasawba District. Motion for expedited hearing is denied; objection to extension moot.

03-779. Bill's Printing, Inc. et al. v. George F. Carder III et ux., from Cleburne Circuit. Appellants' motion to file supplemental brief is granted.

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 is granted upon affidavit from attorneys of record. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

03-1074. Angela Doss et al. v. Arkansas Department of Human Services, from Washington Circuit. Motion for rule on clerk is denied.

03-1119. James M. Tullos, Jr. v. Honorable Kirk Johnson, Judge, from Miller Circuit. Motion to expedite ruling on petition for writ of prohibition is granted.

03-1119. James M. Tullos, Jr. v. Honorable Kirk Johnson, Judge, from Miller Circuit. Petition for writ of prohibition is denied without prejudice.

CR02-972. Jessie Goins v. State of Arkansas, from Grant Circuit. Appellant's motion for reconsideration. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-985. John Aaron Lacy v. State of Arkansas, from Pulaski Circuit, Fourth Division. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1347. LaJoyya Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-311. Daniel Risher v. State of Arkansas, from Columbia Circuit. Pro se motions for rule on clerk to file belated reply brief, to preserve evidence, for leave to submit supplemental abstract and addendum in the event that abstract found deficient, and to note error in prior opinion. Motion for rule on clerk to file belated reply brief granted; motions to preserve evidence, for leave to submit supplemental abstract, and to note error in prior opinion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-338. Conrad L. Smith v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for extensions of time to file appellant's brief. Motions moot; appeal dismissed. See per curiam this date. Thornton, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion for belated appeal of order. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-494. Mark R. Latta v. State of Arkansas, from Garland Circuit. Pro se motion for extension of time to file brief and for access to transcript. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-537. Androus Hall v. State of Arkansas, from Phillips Circuit. Pro se motion for belated appeal of orders. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-616. Terry Stephenson v. Honorable Michael A. Maggio, Judge, from Faulkner Circuit. Pro se petition for writ of mandamus. Petition dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-636. Shawn Watkins v. State of Arkansas, from Crittenden Circuit. Pro se petition for writ of certiorari. Petition moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

02-412. William Frank Jones v. State of Arkansas, from Jefferson Circuit. Pro se motion for extension of time to file substituted brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-277. Billy Mack Nichols, Jr. v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motions for extension of time to file appellant's brief, to supplement the record, and for continuance until motion to supplement acted on by Court. Motion for extension of time and motion to supplement record granted; motion for continuance moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

 CR03-1061. Ralph Nelson Wells v. State of Arkansas, from Drew Circuit.

CR03-1088. Harmon Williams v. State of Arkansas, from Hempstead Circuit.

03-1035. Edmundo Rogers v. Cynthia Rogers, from Benton Circuit.

03-1037. Raymon Bledsoe et ux. v. Steve Lackey, from Crittenden Circuit.

03-1060. Lucretia Williams et al. v. Blissard Management & Realty, Inc., from Pulaski Circuit, Seventh Division.

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

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

CR03-538. Lewis A. Brooks v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CR03-538. Lewis A. Brooks v. State of Arkansas, from Crawford Circuit. Appellant's motion to file belated brief.

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Appellee's motion for extension of time to comply with order to settle the record.

CR03-1091. Carolyn Fleming v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for rule on clerk.

02-1316. Donna Bailey et al. v. Barbara Rahe, from Pulaski Circuit, Twelfth Division. Motion to strike appellee's brief.

02-1337. Summit Mall Company, LLC et al. v. Russell Lemond et al., from Pulaski Circuit, Seventeenth Division. Appellants' joint motion to enlarge time for oral argument.

03-286. Angela Lovett, M.D. v. Ralph Chase "R.C." Henson et al., from Pulaski Circuit, Second Division. Appellees' motion to stay submission of case.

03-697. John Clark v. Tara Clark Hendrix, from Pulaski Circuit, Twelfth Division. Motion for reconsideration.

03-853. Bryan Mangrum v. Ronald Pigue, Sr. et al., from Greene Circuit. Motion to accept transcript of testimony.

03-885. Michelle K. Eldridge v. Jay Abramson, from Arkansas Circuit, Southern District. Appellant's motion to consolidate.

03-1048. Nucor Corporation v. Honorable David N. Laser, Judge et al., from Mississippi Circuit, Chickasawba District. Motion for reconsideration.

03-1093. J.L. Wilson et al. v. Honorable Collins Kilgore, Judge, from Pulaski Circuit, Thirteenth Division. Petition for writ of certiorari, writ of prohibition and request for stay.

SUBMISSIONS

CR02-1087. James K. Haynes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Argued orally.

CR03-104. Darryl Banks v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR03-243. Kurtis Burnette v. State of Arkansas, from Pulaski Circuit, Fourth Division.

CR03-381. Richard Berry v. City of Fayetteville, from Washington Circuit.

02-853. Francis Carson et ux. v. County of Drew, from Drew Circuit.

03-114. Gil Landers, d/b/a Big Daddy's Pawn Shop v. Ken Jameson, from Pulaski Circuit, Fifth Division.