Amaya v. Amaya (Per Curiam) 03-1157
Appeal & error — Motion to withdraw as counsel pending. [HTML, WP5.1]

Farmers Home Mut. Fire Ins. Co. v. Bank of Pocahontas (Glaze, J.) 03-408
Insurance — Policy used standard mortgage clause; cancellation of policy for failure to pay premiums, without giving mortgagee opportunity to pay, would have deprived mortgagee of its rights under contract; appellant was required to make demand on appellee for payment; insurer failed to strictly comply with demand requirements; trial court affirmed. [HTML, WP5.1]

Garner v. State (Imber, J.) CR03-764
Criminal law — Possession of contraband; more factors must be shown linking accused to contraband exposed to public at large; State failed to produce sufficient evidence of constructive possession; convictions of possession of controlled substance & drug paraphernalia reversed & remanded. [HTML, WP5.1]

Griffen v. Arkansas Jud. Discipline and Disab. Comm'n (Brown, J.) 03-662
Judges — Improper use of judicial prestige; "judge's interests" section in Canon 4C(1) vague & unclear; petitioner had no fair notice of what conduct was prohibited; respondent did not meet burden to show that exception was narrowly tailored so as not to restrict legitimate free speech; admonishment quashed. [HTML, WP5.1 + ATTACHED PAGE [PDF] [REFERENCED IN JUSTICE GLAZE'S DISSENT]]

Johnson v. Encompass Ins. Co. (Arnold, C.J.) 03-305
Insurance — Notice of cancellation and nonrenewal; Ark. Code Ann. § 23-89-306's requirement of notification through mail did not rise to level of state action; no due-process violation occurred when legislature enacted statute; form letter did not address policy cancellation or nonrenewal; estoppel inapplicable. [HTML, WP5.1]

Parker v. Perry (Thornton, J.) 03-261
Taxation — Illegal-exaction suit; appellant was attempting to relitigate claim that had been previously decided; doctrine of res judicata properly applied & appellees' motions for summary judgment properly granted; Ark. R. Crim. P. 11 violation found; trial court did not abuse its discretion by imposing sanctions. [HTML, WP5.1]

State Farm Fire & Cas. Co. v. Ledbetter (Corbin, J.) 02-1355
Civil procedure — Class certification; trial court abused discretion where class definition provided no objective criteria for ascertaining class membership. [HTML, WP5.1]

Tsann Kuen Enters. Co. v. Campbell (Hannah, J.) 03-391
Taxation — Redemption of delinquent tax lands; due process; requirement calling for posting of notice on property would create fiscal & administrative burdens on Commissioner; taxpayer had duty to inform of address change; Ark. Code Ann. § 26-37-301 fulfills constitutional due-process requirements; sufficient notice provided to nonresident landowners prior to their property being sold. [HTML, WP5.1]

Walters v. State (Per Curiam) CR03-1041
Appeal & error — Motion to withdraw as attorney on direct appeal granted. [HTML, WP5.1]

Winston v. State (Arnold, C.J.) CR02-622
Criminal procedure — Officers' testified that no false promises were made to induce confession; motion to suppress properly denied; probable cause to arrest without warrant existed; trial court's ruling not abuse of discretion. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Arkansas Rules of Civil Procedure; Rules of Appellate Procedure--Civil; Rules of the Supreme Court and Court of Appeals; and Inferior Court Rules (Per Curiam) [HTML, WP5.1]

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

PROFESSIONAL CONDUCT MATTERS

In Re: Finley (Per Curiam) 03-1274 [HTML, WP5.1]

In Re: Martinez (Per Curiam) 03-1275 [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Arkansas Continuing Legal Education Board (Per Curiam) [HTML, WP5.1]

In Re: Committee on Automation (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bader v. Clinger, CR 03-869 (Per Curiam), Pro Se Motion for Reconsideration of Petition for Writ of Mandamus denied November 20, 2003. [HTML, WP5.1]

Bush v. State, CR 03-1020 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment denied November 20, 2003. [HTML, WP5.1]

Edwards v. State, CR 03-1004 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot November 20, 2003. [HTML, WP5.1]

Key v. State, CR 96-121 (Per Curiam), Pro Se Motion for Photocopy of Transcript and Briefs at Public Expense denied November 20, 2003. [HTML, WP5.1]

Lenz v. Reynolds, CR 03-376 (Per Curiam), Pro Se Motion for Photocopy of Material Pertaining to Petition for Writ of Mandamus at Public Expense denied November 20, 2003. [HTML, WP5.1]

Milliken v. State, CR 03-962 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed November 20, 2003. [HTML, WP5.1]

Pennington v. State, CR 03-1039 (Per Curiam), Pro Se Motion for Belated Appeal of Orders denied November 20, 2003. [HTML, WP5.1]

Talley v. Langston, CR 03-1250 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed November 20, 2003. [HTML, WP5.1]

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

CR02-622. Brian Winston v. State of Arkansas, from Phillips Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

03-305. Ralph Johnson and Nancy Johnson v. Encompass Insurance Company, from Ashley Circuit. Affirmed. Glaze, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-408. Farmers Home Mutual Fire Insurance Company v. Bank of Pocahontas, from Randolph Circuit. Affirmed; Court of Appeals Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

02-1355. State Farm Fire & Casualty Company v. Jewel Ledbetter, from Crittenden Circuit. Reversed and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-662. Judge Wendell L. Griffen v. Arkansas Judicial Discipline and Disability Commission, an Original Action Petition. Petition for Writ of Certiorari Granted. Glaze, Corbin, and Hannah, JJ., dissent. (26 PAGES + 13-PAGE DISSENT + 7-PAGE DISSENT + 11-PAGE DISSENT PUBLISHED) [HTML, WP5.1 + ATTACHED PAGE [PDF] [REFERENCED IN JUSTICE GLAZE'S DISSENT]]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-764. John Garner v. State of Arkansas, from Greene Circuit. Reversed and Dismissed in Part; Affirmed in Part. Court of Appeals Affirmed in Part and Reversed in Part. (15 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-261. John Parker v. Jim Perry et al., Fort Smith School District, University of Arkansas at Fort Smith, City of Fort Smith, from Sebastian Circuit, Fort Smith District. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-391. Tsann Kuen Enterprises Company v. Christopher Chad Campbell, Amy J. Campbell and Office of Commissioner of State Lands, from Benton Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

CR03-3. Elbert Holder v. State of Arkansas, from Phillips Circuit.

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

REVIEWS DENIED: Petitions for review were denied today in the following cases.

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

03-1232. Jesse C. Ephlin v. Director, Arkansas Employment Security Department, from Board of Review.

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

02-1355. State Farm Fire & Casualty Company v. Jewel Ledbetter, from Crittenden Circuit. Appellee's motion to strike portions of page 13 of State Farm Fire & Casualty's reply brief and supplemental addendum. Moot. See opinion this date.

03-1157. Irma Amaya v. Jerol "Eddie" Amaya, from Pulaski Circuit, Thirteenth Division. Ex parte motion to allow filing without a fee and motion to withdraw as counsel. Motion to withdraw as counsel pending. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

02-1328. Stark Ligon, Executive Director, Committee on Professional Conduct v. Michael Anthony Price, Arkansas Bar ID #81133, from Committee on Professional Conduct. Motions for rule on clerk to file a belated brief are granted. Arnold, C.J., Glaze and Imber, JJ., would deny.

03-1194. Pamela Jannette Stuckey v. Arkansas Methodist Hospital Corporation et al., from Greene Circuit. Appellees' motion to dismiss appeal is granted.

03-1210. Generali-U.S. Branch v. Hector Angel Martinez et ux., from Craighead Circuit, Western District. Appellees' motion to dismiss appeal. Motion to be submitted as a case.

CR03-334. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for permission to withdraw and for substitution of counsel is granted. Corbin, J., not participating.

CR03-539. Billy E. Welch v. State of Arkansas, from Dallas Circuit. Renewed motion to settle the record and for brief time. Remanded to settle the record within 30 days.

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 is denied.

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 is granted.

CA03-835. Jerry Garretsen and Lisa Garretson v. John E. Johnson and Sharon Johnson, from Yell Circuit, Northern District. Motion for rule on clerk denied; motion to dismiss appeal granted.

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

03-1274. In Re: Dale Winston Finley, Arkansas Bar ID #67017, an Original Action. Petition to surrender law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-1275. In Re: Jason Antonio Martinez, Arkansas Bar ID #99132, an Original Action. Petition to surrender law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR96-121. Anthony Key v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopy of transcript and briefs at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-376. Michael Lenz v. Honorable David L. Reynolds, Judge, from Faulkner Circuit. Pro se motion for photocopy of material pertaining to petition for writ of mandamus at public expense. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-869. Steve Bader v. Honorable David S. Clinger, Judge, from Benton Circuit. Pro se motion for reconsideration of petition for writ of mandamus. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-962. Misty Kay Milliken v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1004. David Lee Edwards v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file brief. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1020. Calvin Bush v. State of Arkansas, from Drew Circuit. Pro se motion for belated appeal of judgment. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1039. Frederick Pennington v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for belated appeal of orders. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1250. Crockett Talley v. Honorable John Langston, Judge, from Pulaski Circuit, Fourth Division. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Arkansas Rules of Civil Procedure; Rules of Appellate Procedure--Civil; Rules of the Supreme Court and Court of Appeals; and Inferior Court Rules. See per curiam this date. (16 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar. See per curiam this date. (8 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Continuing Legal Education Board. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Mark Hayes, Esq. of North Little Rock, Sixth Court of Appeals District, and Madison "Pat" Aydelott, III, Esq. of Searcy, Second Court of Appeals District, are hereby reappointed to the Board of Continuing Legal Education for three-year terms to expire on December 5, 2006. The court thanks Mr. Hayes and Mr. Aydelott for accepting reappointments to this Board.

In Re: Committee on Automation. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Mr. James McCormack of Little Rock is hereby reappointed to the Committee on Automation for a three-year term to expire October 2006.

The Court extends its appreciation to Mr. McCormack for accepting this reappointment to this committee.

MOTIONS SUBMITTED

PETITION FOR REVIEW:

03-1236. Death & Permanent Disability Trust Fund v. Chris Anderson, (Deceased) Employee, City of Hot Springs et al., from Workers' Compensation Commission.

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

CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Laura Cunningham to appear and show cause today at 9:00 a.m.

CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to recall the mandate and reopen case.

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file an enlarged brief.

CR03-1161. Charles Butler v. State of Arkansas, from Faulkner Circuit. Petition for writ of certiorari to complete the record.

CR03-1267. Christopher M. Owen v. State of Arkansas, from Clark Circuit. Motion for rule on clerk.

CR03-1267. Christopher M. Owen v. State of Arkansas, from Clark Circuit. Motion to be relieved as counsel.

CA03-774. Litigation Partners of America, Inc. et al. v. Southland Metals, Inc., from Pulaski Circuit, Third Division. Petition and amended petition for writ of mandamus.

03-1054. Billy Mack Nichols, Jr. v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

03-1253. Ray Hunter et ux. v. Video Real Estate Agency, Inc., from Sharp Circuit. Motion for rule on clerk.

03-1269. Linda Jackson v. Honorable Harold S. Erwin, Judge, from Lawrence Circuit. Petition for writ of prohibition.

SUBMISSIONS

03-594. Warren E. Dupwe v. First State Bank et al., from Crittenden Circuit. Argued orally.

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit.

CR03-550. Ralph Taylor v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

03-386. Michael Patrick Sundeen v. Kroger et al., from Pulaski Circuit, Second Division.

03-420. Greg Hunt v. Nancy Perry, from Yell Circuit, Southern District.

03-434. Cooper Realty Investments, Inc. v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Seventh Division.

03-470. Judy Beaver et al. v. John Q. Hammons Hotels, Inc. et al., from Sebastian Circuit, Fort Smith District.