ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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Opinions delivered
November 13, 2003

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Barnett v. Monumental Gen. Ins. Co. (Thornton, J.) 03-196
Appeal & error — Record on appeal; case dismissed where order in question was not in record. [HTML, WP5.1]

Dovers v. Stephenson Oil Co. (Hannah, J.) 03-281
Evidence — Jury's finding supported by substantial evidence; testimony did not raise issue of appellees' financial status; trial court did not abuse its discretion in refusing to allow appellant to elicit testimony concerning insurance coverage; trial court erred in ruling trooper's testimony to be hearsay; right result reached for wrong reason; trial court affirmed. [HTML, WP5.1]

Hunt v. State (Arnold, C.J.) CR03-717
Statutes — Construction; penal statutes strictly construed; device made for purpose of expelling projectile by action of explosive meets statutory definition of "firearm"; appellant's rifle in degraded consition was firearm within ordinary meaning of word. [HTML, WP5.1]

Mauldin v. State (Per Curiam) CR03-1197
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Pederson v. Stracener (Hannah, J.) 03-327
Elections — Right to challenge eligibility of candidate provided by statute; only pre-election challenges allowed; statutory remedy for usurpation of office is petition for writ quo warranto; action must be brought by State; reversed and dismissed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Barnett v. State, CR 02-1166 (Per Curiam), affirmed November 13, 2003. [HTML, WP5.1]

Campbell v. State, CR 02-953 (Per Curiam), Petition for Rehearing denied November 13, 2003. [HTML, WP5.1]

Conley v. State, CR 02-779 (Per Curiam), affirmed November 13, 2003. [HTML, WP5.1]

Johnson v. State, CR 03-162 (Per Curiam), reversed and remanded November 13, 2003. [HTML, WP5.1]

Lukach v. State, CR91-279 and CR91-293 (Per Curiam), Pro Se Motion for Photocopy of Transcripts at Public Expense denied November 13, 2003. [HTML, WP5.1]

Robinson v. State, CR 03-657 (Per Curiam), dismissed; motion moot November 13, 2003. [HTML, WP5.1]

State v. Hagan-Sherwin, CR 03-249 (Per Curiam), Pro Se Motion for Appointment of Counsel and Motion for Extension of Time to File Brief granted November 13, 2003. [HTML, WP5.1]

Tinkes v. Yeargan, CR 03-934 (Per Curiam), Pro Se Petition for Writ of Mandamus dismissed November 13, 2003. [HTML, WP5.1]

Williams v. State, CR 03-873 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Motion for Appointment of Counsel denied November 13, 2003 [HTML, WP5.1]


ORIGINAL SYLLABUS

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

CR03-717. Gary William Hunt v. State of Arkansas, from Pulaski Circuit. Affirmed. Imber, J., concurs. Brown, J., not participating. (6 PAGES PUBLISHED + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-196. Jimmie Lee Barnett, Daniel Matthew Barnett, and Mary Helen Barnett v. Monumental General Insurance Company, from Van Buren Circuit. Dismissed. (4 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-281. Virginia Dovers v. Stephenson Oil Company, Inc. and William Guffey, from Pulaski Circuit. Affirmed. Court of Appeals Reversed. Glaze and Thornton, JJ., dissent. (19 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-327. William Carl Pederson, Barbara Elmore, Robert Horn and Aljavan Martin v. Carl Stracener and Champion Harvey, from Lonoke Circuit. Reversed and Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-779. Everett C. Conley v. State of Arkansas, from Independence Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1166. Rodney Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-162. Clyde Johnson v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-657. Carl E. Robinson v. State of Arkansas, from Ashley Circuit. Dismissed. Motion moot. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District.

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

CR03-1185. Cornell Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Corbin, Thornton and Hannah, JJ., would deny.

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CR03-428. Daniel J. Ridling v. State of Arkansas, from Pulaski Circuit, First Division. Motion for extension of brief time is granted.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion to be relieved as counsel is denied.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Pro se motion for appointment of counsel is denied.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record is denied.

CR03-1197. James Ricky Mauldin v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-1206. David R. Williams & Associates et al. v. Honorable James M. Moody, Judge, from Pulaski Circuit, Third Division. Motion to proceed in forma pauperis is denied.

CR91-279 and CR91-293. John R. Lukach v. State of Arkansas, from Hot Spring Circuit. Pro se motion for photocopy of transcripts at public expense is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-953. Calvin Lashawn Campbell v. State of Arkansas, from Pulaski Circuit, Fourth Division. Petition for rehearing is denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-249. State of Arkansas v. Debbie Hagan-Sherwin, from Pulaski Circuit, Fifth Division. Pro se motion for appointment of counsel and motion for extension of time to file brief is granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-873. Glenn A. Williams v. State of Arkansas, from Fulton Circuit. Pro se motion for extension of time to file brief is granted and motion for appointment of counsel is denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-934. Alvin Tinkes v. Honorable Charles A. Yeargan, Judge, from Sevier Circuit. Pro se petition for writ of mandamus is dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

03-1182. Sarah Kimbrough v. Warren Carter Kimbrough, from Sebastian Probate, Fort Smith District.

03-1232. Jesse C. Ephlin v. Director, et al., from Board of Review.

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CR03-334. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for permission to withdraw and for substitution of counsel.

CR03-539. Billy E. Welch v. State of Arkansas, from Dallas Circuit. Renewed motion to settle the record and for brief time.

CR03-1257. State of Arkansas v. Ricky Dale Newman, from Crawford Circuit. Petition to lodge record and affirm.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. American Bankers appellants' motion to reinstate appeal on active docket.

02-749. Richard L. Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Petition for writ of certiorari to complete the record.

CA03-766. The Estate of James Murl Atkinson, Deceased et al. v. Michael Fahr, M.D. et al., from Faulkner Circuit. Motion to certify to the Supreme Court.

CA03-835. Jerry Garretsen and Lisa Garretson v. John E. Johnson and Sharon Johnson, from Yell Circuit, Northern District. Motion for rule on clerk.

03-1219. Continental Casualty Company v. Epter Lambert et ux., from Mississippi Circuit, Chickasawba District. Motion for rule on clerk.

03-1274. Supreme Court Committee on Professional Conduct v. Dale Winston Finley, Arkansas Bar No. 67017, An Original Action from Committee on Professional Conduct. Petition to surrender law license.

03-1275. Supreme Court Committee on Professional Conduct v. Jason Antonio Martinez, Arkansas Bar No. 99132, An Original Action from Committee on Professional Conduct. Petition to surrender law license.

SUBMISSIONS

02-1197. William B. Finagin et al. v. Arkansas Development Finance Authority, from Lafayette Circuit. Argued orally.

CR02-622. Brian Winston v. State of Arkansas, from Phillips Circuit.

CR03-153. Tammy Love v. State of Arkansas, from Logan Circuit, Southern District.

CR03-764. John Garner v. State of Arkansas, from Greene Circuit.

03-391. Tsann Kuen Enterprises Company v. Christopher Chad Campbell and Amy J. Campbell, from Benton Circuit.

03-408. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit.

03-535. Joy Salmon v. Virginia Atkinson and James Howell, from Pulaski Circuit, Sixth Division.