Akins v. Mofield (Imber, J.) 03-233
Parent & child — Child-support determination; presumptively correct amount for retroactive support set out in Administrative Order 10; case reversed & remanded for award of retroactive child support; deviation from guidelines by trial court made without written findings & based on incorrect calculations; trial court's findings clearly erroneous; trial court's decision denied child of presumptively correct amount; miscalculation & finding by trial court not harmless error; both retroactive & prospective child-support awards reversed & remanded. [HTML, WP5.1]

Cooper Realty Invests., Inc. v. Arkansas Contractors Lic. Bd. (Brown, J.) 03-434
Professions, occupations, & businesses — Contractors; Ark. Code Ann. § 17-25-403 could not be statutory basis for assessing appellant with penalties levied against other parties. [HTML, WP5.1]

Hamilton v. Jones (Per Curiam) 02-749
Appeal & error — Motion for writ of certiorari denied; attorneys directed to review record to certify as to truth & correctness. [HTML, WP5.1]

Ingram v. City of Pine Bluff (Arnold, C.J.) 03-342
Jurisdiction — Appeal from action by city council not timely filed; circuit court lacked subject-matter jurisdiction on first three counts; appellant had opportunity to be heard at meaningful time & in meaningful manner; no due process violation occurred; trial court had jurisdiction to hear claims against individual appellees; judgment on pleadings as to those claims involving individual appellees reversed; appellee were not estopped from contesting jurisdiction of trial court; takings claim not ripe where appellant failed to seek compensation through state court proceedings. [HTML, WP5.1]

Landers v. Jameson (Brown, J.) 03-114
Appeal & error — Law of case did not foreclose supreme court from deciding constitutional issue; interest acquired by appellant pawn shop constituted sufficient property interest to warrant due process protection; joint participation between police department & appellee was sufficient for finding of state action; Ark. Code Ann. §§ 18-27-202 & -203 held unconstitutional because they deprived appellant of property interest without pre-deprivation hearing. [HTML, WP5.1]

McKenzie v. State (Per Curiam) CR03-775
Contempt — Show-cause order issued; motions to withdraw as counsel & for rule on clerk denied. [HTML, WP5.1]

Orndorff v. State (Per Curiam) 03-132
Habeas corpus — Writ can issue based on new scientific evidence proving person is innocent of offense; petitioner must present prima facie case that identity was issue at trial; Act 1780 of 2001 not applicable where identity was not issue; claims relating to victim's posthypnotic testimony not basis for writ. [HTML, WP5.1]

Owen v. State (Per Curiam) CR03-1267
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

State v. Newman (Per Curiam) CR03-1257
Appeal & error — Petition for affirmance of trial court's order allowing respondent to waive rights denied; first mental-health evaluation remote in time; case remanded for second evaluation. [HTML, WP5.1]

Summit Mall Co. v. Lemond (Brown, J.) 02-1337
Municipal corporations — Acting in legislative capacity is exercise of power conferred by General Assembly; municipal legislative act equates to act by General Assembly; circuit court sitting as court of equity had subject-matter jurisdiction where appellant Board's action was legislative rather than administrative; special-&-extended-injury standing test not extended to individuals who challenge ordinary zoning or rezoning ordinances; adverse-impact test satisfied; supreme court declined to dismiss for lack of standing; appellant mall company expended sizeable amount of funds while landowners sat on rights; circuit court erred in ruling against appellants mall company & city on laches defense; ordinance was new legislation with future ramifications & subject to referendum; matter remanded where status of referendum was difficult to determine from record. [HTML, WP5.1]

Sundeen v. Kroger (Glaze, J.) 03-386
Torts — Malicious prosecution; district court conviction was conclusive proof of probable cause; circuit court's grant of summary judgment correct; appellant failed to support contention that there was genuine issue of material fact to be resolved regarding malice; appellant's abuse of process contentions unsupported by evidence; trial court's summary-judgment grant affirmed. [HTML, WP5.1]

Tate-Smith v. Cupples (Thornton, J.) 03-314
Elections — Motion to dismiss properly denied; appellee's complaint met minimum requirement for election-contest cause of action; Ark. Code Ann. § 7-5-201(d)(1) not strictly complied with; trial court did not err in so ruling; voter application attached to pleading made it clear whose vote was contested; evidence properly allowed; trial court properly disqualified votes of nine voters named in appellee's complaint; illegal vote would not have changed outcome of election; vote need not be considered. [HTML, WP5.1]

Townsend v. State (Thornton, J.) CR02-1130
Constitutional law — Claim of prosecutorial vindictiveness; appellant failed to establish that State acted with actual vindictiveness; appellant established prima facie due process violation; presumption of prosecutorial vindictiveness rebutted by State; denial of motion to quash amended felony information not error.\ [HTML, WP5.1]

West v. Williams (Corbin, J.) 03-357
Wills — Petition contesting will not timely filed; probate court erred in failing to dismiss appellees' will contest; erroneous holding in Judkins v. Hoover, 351 Ark. 552, 95 S.W.3d 768 (2003), overruled to extent it conflicted with present opinion; appellees waived notice. [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

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

In Re: Supreme Court Committee on Model Jury Instructions-Civil (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Berger v. State, CR 02-350 (Per Curiam), Pro Se Motion to Supplement the Record and Pro Se Motion to Consider Authorities (amended) moot December 4, 2003. [HTML, WP5.1]

Jackson v. State, CR 98-386 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied December 4, 2003. [HTML, WP5.1]

McDonald v. State, CR 02-1317 (Per Curiam), Petition for Rehearing denied December 4, 2003. [HTML, WP5.1]

Sanders v. State, CR 02-1116 (Per Curiam), Petition for Rehearing denied December 4, 2003. [HTML, WP5.1]

Sherman v. State, CR 03-533 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk to Lodge Record Belatedly denied December 4, 2003. [HTML, WP5.1]

West v. State, CR 03-987 (Per Curiam), Pro Se Petition for Writ of Certiorari to Complete the Record moot; Pro Se Motion for Extension of Time to File Brief granted December 4, 2003. [HTML, WP5.1]

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

03-342. Larry Ingram v. The City of Pine Bluff; Pine Bluff Planning Commission; Dale Dixon, Dutch King, and Jerry Taylor, Individually and In Their Official Capacities, from Jefferson Circuit. Affirmed in Part; Reversed and Remanded in Part. (9 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-386. Michael Patrick Sundeen v. Kroger and Jerry Hart, from Pulaski Circuit, Second Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

03-357. Eplurivus West v. Mary Jo Williams; James Earl West; Rose M. West; William R. West Sr.; Erma Faye Hamilton; Thomas K. West; Clarence M. West; Lottie G. Posey; Gloria Sue Shephard, from Sebastian Circuit, Fort Smith District. Reversed and Remanded. Hannah, J., concurs. (7 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

02-1337. Summit Mall Company, LLC; City of Little Rock, Arkansas, and its Mayor and Board of Directors: Jim Dailey; Johnnie Pugh; Willie Hinton; Larry Lichty; Michael Keck; Genevieve Stewart; Dean Kumpuris; Barbara Graves; Joan Adcock; Brenda Wyrick; and Brad Cazort v. Russell Lemond; Carolyn Palmer; Barry Vuletich; Essie Brannon; Hattie Daniels; William F. Hyatt; Wendy Ramsey; Hall Ramsey; Erma Bayley; Ronald Turner; Randall Hughes; James Jones; Joe Butler; Mildred Merritt; Deloris Brands; Alfred Cook, Jr.; Martha Cook; Alice Burke; Karen Roberts; Kenneth Roberts; Olene Brown; and Larry Reynolds, from Pulaski Circuit, Seventeenth Division. Reversed and Remanded. Imber, J., concurs. (23 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

03-114. Gil Landers, d/b/a Big Daddy's Pawn Shop v. Ken Jameson, from Pulaski Circuit, Fifth Division. Reversed and Remanded. Corbin and Hannah, JJ., dissent. (22 PAGES + 8-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-434. Cooper Realty Investments, Inc. v. Arkansas Contractors Licensing Board, fromPulaski Circuit, Seventh Division. Reversed and Dismissed. (8 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-233. Angela Renee Akins v. Michael James Mofield, from Mississippi Circuit, Chickasawba District. Reversed and Remanded. Hannah, J., dissents. Corbin, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-1130. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

03-314. Sherry Tate-Smith v. H.E. Cupples, Jr., from Crittenden Circuit. Affirmed. (18 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

03-132. Michael Ray Orndorff v. State of Arkansas, from Benton Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR02-1116. Corey Sanders v. State of Arkansas, from Columbia Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR02-1317. Bufford McDonald v. State of Arkansas, from Pope Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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REVIEW DENIED: Petition for review was denied today in the following case.

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

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CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Answer to per curiam order denying second motion to withdraw as counsel and motion for rule on the clerk. Motions denied; show cause order issued. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Motion of W. Gary Keenan for entry of appearance and motion for belated appeal. Motions stayed. See per curiam this date.

CR03-1257. State of Arkansas v. Ricky Dale Newman, from Crawford Circuit. Petition to lodge record and affirm. Petition denied; remanded for evaluation. See per curiam this date. Arnold, C.J. and Glaze, J., would grant. (3 PAGES PUBLISHED) [HTML, WP5.1]

02-749. Richard L. Hamilton v. Teddy D. Jones and Superservice, Inc., from Crittenden Circuit. Motion for writ of certiorari. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

CR03-1267. Chritopher M. Owen v. State of Arkansas, from Clark Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 are denied; remanded to Court of Appeals.

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

03-1269. Linda Jackson v. Honorable Harold S. Erwin, Judge, from Lawrence Circuit. Petition for writ of prohibition is denied without prejudice.

03-1269. Linda Jackson v. Honorable Harold S. Erwin, Judge, from Lawrence Circuit. Motion to file belated response. Moot.

CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Response of Laura L. Cunningham to show cause order to be submitted as a case.

CR98-386. Andre Lamont Jackson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Pro se motion to supplement the record; pro se motion to consider authorities (amended). Motions moot. 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 reconsideration of 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]

CR03-987. Samuel J. West, Jr. v. State of Arkansas, from Saline Circuit. Pro se petition for writ of certiorari to complete the record and motion for extension of time to file brief. Petition moot; motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions-Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

We designate Professor Donald P. Judges of the University of Arkansas Law School at Fayetteville as the Reporter for the Committee on Model Jury Instructions-Civil. At the request of the Committee, Professor Judges has been assisting the Committee for a number of years in an advisory role. We take this opportunity to designate him as the Committee's Reporter to recognize his work and to formalize the nature of his service. We thank Professor Judges for his willingness to serve the Committee in this capacity.

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

Jim Rose, III, Esq. of Fayetteville, is hereby reappointed as an at-large representative to the Continuing Legal Education Board for a three-year term to expire on December 5, 2006. The Court thanks Mr. Rose for accepting reappointment to this Board.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CR99-1060. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District.

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

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PETITIONS FOR REVIEW:

 CR03-1256. Timothy Weilenman, Jr. v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

03-1258. Dora Castaneda v. Progressive Classic Insurance Company, from Benton Circuit.

03-1264. John E. Atkins et ux. v. Bob E. Fewell et al., from Pulaski Circuit, Fifth Division.

03-1268. Gail Parkerson v. James A. Arthur, M.D. et al., from Garland Circuit.

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CR03-487. Johnny Dean Johnson v. State of Arkansas, from Stone Circuit. Motion to reinstate or allow appeal and for brief time.

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Appellant's motion for additional brief time.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Second motion to supplement the record.

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's renewed motion to supplement and settle the record.

CR03-818. Jerome Malitan DeAsis v. State of Arkansas, from Benton Circuit. Motion for appointment and substitution of counsel.

CR03-832. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Appellee's motion to dismiss appeal.

CR03-1280. Rodney Rutledge v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.

CR03-1300. Kelly E. Vest v. State of Arkansas, from Craighead Circuit, Western District. Motion for belated appeal.

CR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit. Motion for rule on clerk.

02-412. William Frank Jones, Jr. v. Arkansas Department of Correction et al., from Jefferson Circuit. Motion for substitution of counsel.

02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission, from Jefferson Circuit. Appellee Washington Demilitarization Company's motion for costs and attorneys fees.

02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Appellant's motion for court to take notice of recent decision.

03-293. Randall T. McArty v. Henry Morgan, Prosecuting Attorney, from Clark Circuit. Appellee's motion for substitution of counsel.

03-709. Cleo Hall v. Summit Contractors, Inc. et al., from Pulaski Circuit, Sixth Division. Motion for entry of appearance, brief time, and protective order to avoid prejudice to appellant.

03-768. Stark Ligon, Executive Director, Committee on Professional Conduct v. Sam Whitfield, Jr., Arkansas Bar ID #82056, an Original Action. Appellee's motion for extension of time.

03-779. Bill's Printing, Inc. et al. v. George F. Carder III et ux., from Cleburne Circuit. Motion to file belated reply brief on review.

CA03-835. Jerry Garretsen et ux. v. John E. Johnson et ux., from Yell Circuit, Northern District. Appellants' motion for reconsideration.

03-999. Curtis Ricks v. Pulaski County Tax Assessor et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion to dismiss appeal.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division. Appellant's motion to file a supplemental brief.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division. Appellee's motion to file a supplemental brief.

03-1206. David R. Williams & Associates et al. v. Honorable James M. Moody, Judge, from Pulaski Circuit, Third Division. Petitions for writ of mandamus.

03-1286. Timothy Anderson v. State of Arkansas, from Garland Circuit. Motion for rule on clerk.

03-1287. Ray Townsend v. Honorable L. T. Simes II, Judge, from Monroe Circuit. Petition for writ of prohibition and mandamus.

03-1295. David A. Kelly v. Larry Norris, Director, Arkansas Department of Correction

et al., from Jefferson Circuit. Motion to substitute counsel.

03-1310. Cindy Burchfield and Craig Burchfield v. Arkansas Department of Human Services, from Boone Circuit. Appellee's motion to dismiss appeal.

03-1311. Noemi Sanchez and Edgar Sanchez v. Arkansas Department of Human Services, from Bradley Circuit. Appellee's motion to dismiss appeal.

03-1312. Laura M. Tucker v. Ronald E. Tucker, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk.

03-1324. Stephanye Robinson v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion to waive filing fee.

03-1344. A. G. Edwards & Sons, Inc. et al. v. Richard D. Myrick, from Garland Circuit. Motion for rule on clerk.

03-1345. In Re: Kenneth W. Haynes Arkansas Bar ID #95178, an Original Action. Petition for surrender of license.

SUBMISSIONS

CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit.

CR02-872. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit.

CR03-334. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District.

CR03-401. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District.

03-232. AJ&K Operating Company, Inc. et al. v. Grover Smith et al., from Union Circuit.

03-613. Joseph Releford v. Pine Bluff School District No. 3, from Jefferson Circuit.