Banks v. State (Corbin, J.) CR03-104
Criminal law — Sentencing; enhancement of sentence pursuant to habitual-offender statute resulted in illegal sentence; matter reversed & remanded for correction of illegal sentence. [HTML, WP5.1]

Bankston v. State (Per Curiam) CR03-1082
Criminal procedure — Continued representation of criminal defendant by counsel; Ark. R. App. P.--Crim. 16; matter remanded for findings of fact. [HTML, WP5.1]

Berry v. City of Fayetteville (Hannah, J.) CR03-381
Criminal procedure — Conditional plea of guilty; issue on review did not involve motion to suppress illegally obtained evidence; appellate court without jurisdiction & appeal dismissed. [HTML, WP5.1]

Davis v. State (Per Curiam) CR03-375
Search & seizure — Search of garbage container; denial of motion to suppress affirmed. [HTML, WP5.1]

Echols v. State (Corbin, J.) CR94-928
Criminal procedure — Writ of error coram nobis; waiting nearly ten years to raise competency issue was not exercise of due diligence; petitioner failed to show reasonable probability that conviction would not have been rendered or would have been prevented had testimony in question been made known to defense. [HTML, WP5.1]

Fleming v. State (Per Curiam) CR03-1091
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Gavin v. State (Corbin, J.) CR02-1164
Courts —Jurisdiction; trial court was without jurisdiction to modify appellant's original sentences that were placed into execution; matter remanded for trial court to correct illegal sentences imposed on appellant following revocation of suspended sentences. [HTML, WP5.1]

Mangrum v. Pigue (Per Curiam) 03-853
Motions — Motion to accept transcript of testimony; granted. [HTML, WP5.1]

McKenzie v. State (Per Curiam) CR03-775
Motions — Motion to withdraw as counsel denied; show-cause hearing required. [HTML, WP5.1]

Mezquita v. State (Imber, J.) CR03-017
Criminal procedure — In-court identification; appellant was represented by counsel at time of pretrial identification; appellant's Sixth Amendment rights protected; no error in admission of pretrial in-court identification; appellant's failure to obtain ruling on issue of detention resulted in waiver; remaining arguments regarding scope of Vienna Convention on Consular Relations & remedy for its violation were moot. [HTML, WP5.1]

Taylor v. State (Thornton, J.) 02-545
Habeas corpus — Trial court properly exercised jurisdiction; appellee's argument misplaced; detention for illegal period of time is precisely what writ of habeas corpus is designed to correct; court lacked authority to suspend imposition of sentence; judgment & commitment order were facially invalid; trial court's order denying appellant's petition reversed & case remanded for resentencing; appellant had two sentences entered in two separate cases; completion of sentence in one did not operate to relieve appellant from serving valid sentence for crime to which he pleaded guilty in second case. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Administrative Order Number 14 — Administrative Plans (Per Curiam) [HTML, WP5.1]

Opinion delivered
October 17, 2003

Valley v. Simes (Per Curiam) 03-1137
Appeal & error — Lower court stayed from further proceedings; writ of certiorari issued; motion to expedite appeal granted. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Cloird v. Harmon, 03-272 (Per Curiam), Pro Se Petition for Rehearing dismissed October 16, 2003. [HTML, WP5.1]

Dilworth v. State, CR 02-1016 (Per Curiam), affirmed October 16, 2003. [HTML, WP5.1]

Hendrickson-Atkinson v. State, CR 02-1037 (Per Curiam), Pro Se Motion to Strike Appellee's Brief denied October 16, 2003. [HTML, WP5.1]

McArty v. State, CR 93-1071 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied. October 16, 2003. [HTML, WP5.1]

Nelson v. State, CR 03-631 (Per Curiam), Pro Se Motion for Rule on Clerk treated as motion for belated appeal and denied October 16, 2003. [HTML, WP5.1]

Nichols, Billy Mack v. Harmon, 02-567 (Per Curiam), Pro Se Motion to Amend Original Brief, Motion for Findings Disclosure, and Motion for Appointment of Counsel denied October 16, 2003; substituted brief due in fifteen days. [HTML, WP5.1]

Nichols, Billy Mack v. State, CA CR 99-354 (Per Curiam), Pro Se Motion and Amended Motion for Photocopy of Transcript at Public Expense denied October 16, 2003. [HTML, WP5.1]

Sherman v. State, CR 03-533 (Per Curiam), Pro Se Motion for Rule on Clerk to Lodge Record Belatedly denied October 16, 2003. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Petition to Reinvest Jurisdiction in the Circuit Court to Petition for Writ of Error Coram Nobis. Denied. Imber, J., concurs. (9 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

CR02-1164. Jack Earl Gavin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. Glaze, J., dissents. (8 PAGES PUBLISHED) [HTML, WP5.1]

CR03-104. Darryl Banks v. State of Arkansas, from Pulaski Circuit, Sixth Division. Reversed and Remanded. Brown, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

CR03-17. Carlos Mezquita v. State of Arkansas, from Benton Circuit. Affirmed. Thornton, J., not participating. (17 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-545. Kevin Taylor v. State of Arkansas, from Jefferson Circuit. Reversed and Remanded. Glaze, Brown, and Imber, JJ., concur. (12 PAGES + 9-PAGE CONCURRENCE + 3-PAGE CONCURRENCE + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-381. Richard Berry v. City of Fayetteville, from Washington Circuit. Appeal Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-1116. Corey Sanders v. State of Arkansas, from Columbia Circuit. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-375. Linda Davis and Dennis Wood v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (2 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Motion to withdraw as counsel is denied. See per curiam this date.  (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for leave to file belated appeal. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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 is granted.

CR03-1091. Carolyn Fleming v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for rule on clerk is granted. See per curiam this date. ( 1 PAGE PUBLISHED) [HTML, WP5.1]

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 is denied.

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

03-853. Bryan Mangrum v. Ronald Pigue, Sr. et al., from Greene Circuit. Motion to accept transcript of testimony is granted upon affidavit from attorneys of record. See per curiam this date.  (2 PAGES PUBLISHED) [HTML, WP5.1]

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

03-1060. Lucretia Williams et al. v. Blissard Management & Realty, Inc., from Pulaski Circuit, Seventh Division. Appellee’s request for sanctions is denied.

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

CR93-1071. Randall Thomas McArty v. State of Arkansas, from Clark Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. Arnold, C.J., not participating. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR99-354. Billy Mack Nichols v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion and amended motion for photocopy of transcript at public expense. Motion and amended motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1037. Carmen Hendrickson-Atkinson v. State of Arkansas, from Lonoke Circuit. Pro se motion to strike appellee’s brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-533. Patrick L. Sherman v. State of Arkansas, from Clark Circuit. Pro se motion for rule on clerk to lodge record belatedly. Motion denied. See per curiam this date. Arnold, C.J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-631. Willie Nelson v. State of Arkansas, from Faulkner Circuit. Pro se motion for rule on clerk. Motion for rule on clerk treated as motion for belated appeal and denied. See per curiam this date.  (3 PAGES UNPUBLISHED) [HTML, WP5.1]

03-272. Gary Cloird v. Greg Harmon, Warden, from Jefferson Circuit. Pro se petition for rehearing. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

02-567. Billy Mack Nichols v. Greg Harmon, Warden, from Jefferson Circuit. Pro se motion to amend original brief, motion for findings disclosure, and motion for appointment of counsel. Motions denied; substituted brief due in fifteen days. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Administrative Order Number 14 — Administrative Plans. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

CR03-1103. Rufus Antonio Box v. State of Arkansas, from Nevada Circuit.

03-1079. Rachel Forrest v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

03-1101. George Gawrieh et al. v. Scottsdale Insurance Co., from Miller Circuit.

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 CR03-690. Meredith Bennett v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to be relieved as counsel.

 02-1189. Jamai Weber Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division. Appellant’s motion to strike appellee’s abstract or appellee be precluded from attempting to tax costs of improper abstract upon appellant.

03-765. June D. Scamardo v. Dr. Robert Jaggers et al., from Sebastian Circuit, Fort Smith District. Motion of Arkansas Hospital Association, Inc. to file amicus curiae brief in support of appellees.

03-777. In Re: Karen Alexander Starken, Arkansas Bar ID #89066, an Original Action. Motion for reconsideration.

03-1125. J & J Bonding, Inc. v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Sixth Division. Motion for rule on clerk.

03-1132. Alvin Dwiggins et ux. v. Honorable John A. Thomas, Judge, from Clark Circuit. Petition for writ of prohibition.

SUBMISSIONS

02-789. Jon R. Sanford v. Sherry W. Sanford, from Pope Circuit.

02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission, from Jefferson Circuit.

02-1189. Jamai Weber Blivin v. Blake H. Weber, from Pulaski Circuit, Fourteenth Division.

02-1388. Natasha Saine v. Comcast Cablevision of Arkansas, Inc., from Pulaski Circuit, Third Division.

03-47. Brian Stoltze v. Arkansas Valley Electric Cooperative Corporation, from Sebastian Circuit, Greenwood District.

03-93. Elenita R. Greenhough v. Ronald R. Goforth, from Washington Circuit.