Burnette v. State (Imber, J.) CR 03-243
Statutes — Commentary to Ark. Code Ann. § 5-27-203 suggests intention to criminalize conduct where person charges with care of child leaves child with intent to abandon; term "desert" as used in statute requires State to show that defendant had no intent to return for child; State failed to provide evidence that appellant intended to permanently leave child; circuit court erred in denying appellant's motion for directed verdict. [HTML, WP5.1]

City of Greenbrier v. Roberts (Imber, J.) 03-137
Appeal & error — No case law or authority given for appellant's contentions; case affirmed. [HTML, WP5.1]

Duke v. State (Per Curiam) (dissenting opinion only; Imber, J.) CR03-507 [HTML, WP5.1]

Echols v. State (Corbin, J.) CR99-1060
Criminal procedure — Postconviction relief; appellant's "due process" argument rejected where supreme court's directive did not provide for any further hearing or "due process"; appellant unable to show adverse effect from time attorney spent recreating meeting for benefit of filmmakers; appellant unable to show adverse effect from agreement to allow trial to be filmed & interviews to be conducted; appellant failed to show that counsel actively represented conflicting interests involving contract to make documentary film; appellant failed to demonstrate prejudice resulting from any alleged conflict arising from attorney's connection to victim's father in civil suit; attorney's decision not to call additional experts based on reasonable professional judgment; appellant did not meet burden of showing counsel was deficient for failing to attempt to keep expert's testimony out; decision whether to seek change of venue matter of trial strategy; supreme court could not say that counsel failed to properly present mitigating evidence. [HTML, WP5.1]

Gaylord v. State (Glaze, J.) CR02-1370
Search & seizure — Appellant lacked standing to bring constitutional challenge to search; denial of motion to suppress affirmed. [HTML, WP5.1]

Haynes v. State (Glaze, J.) CR02-1087
Evidence — Abundant evidence placed appellant near scene of crime; alternative explanation for presence of DNA unreasonable; DNA match would have been lawfully discovered; trial court's denial of appellant's suppression motion affirmed; State met burden of proving inevitable discovery; motion to suppress properly denied. [HTML, WP5.1]

Pine Bluff for Safe Disposal v. Arkansas Pollution Control & Ecology Comm'n (Corbin, J.) 02-885
Administrative law & procedure — Presumption that agency decision was reasonable & valid; appellants failed to present evidence to rebut; appellee commission's decision supported by substantial evidence. [HTML, WP5.1]

Stacks v. Marks (Hannah, J.) 03-203
Appeal & error — Motion for attorney's fees did not extend time within which appellant was required to file notice of appeal; supreme court without jurisdiction to hear appeal; motion to dismiss granted. [HTML, WP5.1]

Stoltze v. Arkansas Valley Elec. Coop. Corp. (Hannah, J.) 03-047
Master & servant — Appellant failed to show genuine issue as to material fact or that reasonable differing inferences could be drawn from undisputed facts; trial court did not err in granting summary judgment; contract provisions insufficient to show that appellee retained right to control; right to control clearly rested with independent contractor; contractor had responsibility to warn workers of inherent dangers; summary judgment for appellee affirmed. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Rule Providing for Certification of Court Reporters; Regulations of the Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Arkansas Code Revision Commission (Per Curiam) [HTML, WP5.1]

In Re: Arkansas State Board of Law Examiners (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Boyd v. State, 03-247 (Per Curiam), affirmed October 30, 2003. [HTML, WP5.1]

Enkoff v. State, CR 03-975 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order denied October 30, 2003. [HTML, WP5.1]

In the Matter of H.A.P. v. Speaker, 03-822 (Per Curiam), Pro Se Motion to Proceed In Forma Pauperis on Motion for Rule on Clerk granted October 30, 2003. [HTML, WP5.1]

Jackson v. State, CR 03-593 (Per Curiam), Pro Se Motion for Leave to File a Belated Handwritten Brief moot; appeal dismissed October 30, 2003. [HTML, WP5.1]

Mitchell v. State, CR 03-69 (Per Curiam), affirmed October 30, 2003. [HTML, WP5.1]

Pickens v. State, CR 03-695 (Per Curiam), Pro Se Motion to File a Belated Brief granted October 30, 2003. [HTML, WP5.1]

Whitfield v. State, CR 00-1139 (Per Curiam), Pro Se Petition and Amended Petitions to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis, Motion for Oral Argument, and Motion for Injunction to Compel Release of Arkansas Department of Correction Records denied October 30, 2003. [HTML, WP5.1]

Wright v. State, CA CR 02-419 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied October 30, 2003. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR02-1087. James Kelly Haynes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. Brown and Hannah, JJ., dissent. (14 PAGES + 3-PAGE DISSENT + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR02-1370. Richard Gaylord v. State of Arkansas, from Sebastian Circuit, Greenwood District. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (32 PAGES PUBLISHED) [HTML, WP5.1]

02-885. Pine Bluff for Safe Disposal; Chemical Weapons Working Group, Inc.; Vietnam Veterans of America-Arkansas State Council, Inc.; Arkansas Women's Action for New Directions; and the Vietnam Veterans of America Foundation v. Arkansas Pollution Control and Ecology Commission; Washington Demilitarization Company; United States Army, Pine Bluff Arsenal; and Arkansas Department of Environmental Quality, from Jefferson Circuit. Affirmed. (23 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-243. Kurtis Burnette v. State of Arkansas, from Pulaski Circuit, Fourth Division. Reversed and Remanded. Thornton, J., dissents. Brown, J., not participating. (6 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-137. City of Greenbrier, Arkansas; Melton Cotton, Mayor; and Mark Hardin, Mary Ann Freeman, David Osborne, L.D. "Dean" Strickland, Curtis Bradley, David Browning, In Their Official Capacity as Members of the City Council v. Larry Roberts, and LJR Building, Inc., from Faulkner Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-47. Brian Stoltze v. Arkansas Valley Electric Cooperative Corporation, from Sebastian Circuit, Greenwood District. Affirmed. (17 PAGES PUBLISHED) [HTML, WP5.1]

03-203. Barbara Stacks v. Leon Marks, from Pulaski Circuit, Second Division. Motion to Dismiss Granted; Remainder of the Appeal is Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-69. Randy Mitchell v. State of Arkansas, from Independence Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-247. Horachel Boyd Jr. v. State of Arkansas, from Lee Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REVIEW GRANTED: Petition for review was granted today in the following case.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division.

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CR03-564. Tyrone Simpson v. State of Arkansas, from Crittenden Circuit. Petition for review. Moot.

CR03-507. Benjamin C. Duke v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted. Brown and Imber, JJ., dissent. (3-PAGE DISSENT ONLY PUBLISHED) [HTML, WP5.1]

CR02-1258. James D. Smith v. State of Arkansas, from Clark Circuit. Motion to stay mandate is denied. Arnold, C.J., not participating.

CR03-714. Jimmy Leroy Housley v. State of Arkansas, from Marion Circuit. Motion for extension of time to file brief. Granted; final extension.

CR03-1174. Douglas Graham v. Honorable Barry Sims, Judge, from Pulaski Circuit, Seventh Division. Petition for writ of prohibition is denied.

02-567. Billy Mack Nichols, Jr. v. Greg Harmon, Warden, from Jefferson Circuit. Motion for substitution of counsel is granted.

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District. Appellees' motion to file a surreply brief is denied.

03-203. Barbara Stacks v. Leon Marks, from Pulaski Circuit, Second Division. Appellee's motion to dismiss appeal is granted. See opinion this date.

03-277. Billy Mack Nichols, Jr. v. Larry Norris et al., from Jefferson Circuit. Motion for substitution of counsel is granted.

03-450. Jay Abramson v. Michelle K. Eldridge, from Arkansas Circuit, Southern District. Appellee's motion to supplement the record and for brief time. Granted; 30 days.

03-659. Christina Mitchell v. Honorable Carol Crafton Anthony, Judge et al., from Union Circuit. Petitioner's motion to proceed is denied.

03-659. Christina Mitchell v. Honorable Carol Crafton Anthony, Judge et al., from Union Circuit. Respondent's motion to lift stay is granted.

03-994. Donny G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, an Original Action. Motion to file belated brief is granted.

03-1143. David B. Warren v. Kohner Properties, from Pulaski Circuit, Third Division. Motion for rule on clerk is denied.

CR00-1139. Charles Whitfield v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition and amended petitions to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis, motion for oral argument, and motion for injunction to compel release of Arkansas Department of Correction records. Petition, amended petitions, and motions denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-593. Michael Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Pro se motion for leave to file a belated handwritten brief. Appeal dismissed; motion moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-695. Michael Glenn Pickens v. State of Arkansas, from Hot Spring Circuit. Pro se motion to file a belated brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-975. Joseph Enkoff v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for rule on clerk to proceed with belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-822. In the Matter of the Adoption of H.A.P., a Minor, Tony Pennington v. Brent Charles Speaker, from Sebastian Circuit, Fort Smith District. Pro se motion to proceed in forma pauperis on motion for rule on clerk. Motion granted. See per curiam this date. (1PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Rule Providing for Certification of Court Reporters; Regulations of the Board of Certified Court Reporter Examiners. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Code Revision Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The following persons are reappointed to the Arkansas Code Revision Commission: William H. Sutton, Esq., of Little Rock; Douglas O. Smith, Jr., Esq., of Fort Smith; and William G. Wright, Esq., of Arkadelphia. The Court thanks them for accepting reappointment to this Commission. Each appointment is for a term to end November 7, 2007. 

In Re: Arkansas State Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Court appoints Ronald D. Harrison of Fort Smith to the Arkansas State Board of Law Examiners. Mr. Harrison shall be an at large appointee and will serve a 6-year term concluding on September 30, 2009. Mr. Harrison succeeds Terry M. Poynter of Mountain Home.

The Court appoints Jim Gresham of Harrison to the Arkansas State Board of Law Examiners. Mr. Gresham shall be a representative from the Third Congressional District and will likewise serve a 6-year term concluding on September 30, 2009. Mr. Gresham succeeds Jerry D. Pinson of Harrison.

The Court thanks Mr. Harrison and Mr. Gresham for accepting appointment to this important Board. The Court extends its sincere appreciation to Mr. Pinson and Mr. Poynter for their many years of service on this Board. 

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

03-1120. Tommy Orr et al. v. Arkansas National Bank, from Benton Circuit.

03-1140. Kristie Gregory v. Director, Arkansas Employment Security Department,

from Board of Review.

03-1163. Sherry Ebbs v. Kerry Ozment, M.D., P.A., from Saline Circuit.

03-1165. James J. Kelly v. June Morrison, from Pulaski Circuit, Seventeenth Division.

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CR02-985. John Aaron Lacy v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for extension of time to comply with per curiam order.

CR03-839. Michael J. Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to reinvest jurisdiction with trial court for the limited purpose of entering an order in accordance with Arkansas Rule of Criminal Procedure 37.3(c).

03-232. AJ&K Operating Company et al. v. Grover Smith et al., from Union Circuit. Motion for oral argument.

03-286. Angela Lovett, M.D. v. Ralph Chase "R.C." Henson et al., from Pulaski Circuit, Second Division. Motion to dismiss appeal with prejudice.

03-409. R.K. Enterprise LLC et al. v. Pro-Comp Management, Inc. et al., from Washington Circuit. Appellees' motion for extension of time and to stay briefing schedule.

03-674. David Hugh Williams v. Arkansas Department of Correction et al., from Jefferson Circuit. Appellee's motion for extension of brief time.

03-805. Richard Weiss, Director, Arkansas Department of Finance and Administration

et al. v. Mary R. Chavers, from Pulaski Circuit, Fourteenth Division. Appellant Weiss' motion to file an enlarged brief.

03-1006. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for extension of time to return writ of certiorari.

03-1007. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for extension of time to return writ of certiorari.

03-1008. Treenya Maxwell v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for extension of time to return writ of certiorari.

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

03-1043. Bonnie Weiss Medlin v. Tim Weiss, from Polk Circuit. Appellant's motion to supplement the record and for extension of time to file brief.

03-1157. Irma Amaya v. Jerol "Eddie" Amaya, from Pulaski Circuit, Thirteenth Division. Motion to allow filing without fee.

03-1157. Irma Amaya v. Jerol "Eddie" Amaya, from Pulaski Circuit, Thirteenth Division. Motion to withdraw as counsel.

SUBMISSIONS

02-1337. Summit Mall Company, LLC et al. v. Russell Lemond et al., from Pulaski Circuit, Seventeenth Division. Argued orally.

CR03-231. Rodney Parker Owens v. State of Arkansas, from Benton Circuit.

03-233. Angela Renee Akins v. Michael James Mofield, from Mississippi Circuit, Chickasawba District.

03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District.

03-281. Virginia Dovers v. Stephenson Oil Company, Inc. et al., from Pulaski Circuit, Second Division.

03-285. Howard W. Curry et ux. v. William S. Thornsberry et ux., from Pope Circuit.

03-305. Ralph Johnson et ux. v. Encompass Insurance Company, from Ashley Circuit.