Anderson v. State (Per Curiam) 03-1286
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Beaver v. John Q. Hammons Hotels (Imber, J.) 03-470
Estoppel — Collateral estoppel; reversal of workers' compensation award could have rested on either of two grounds; neither was essential to Commission's decision; one issue precluded but other was not; collateral estoppel only precludes grounds affirmed on appeal. [HTML, WP5.1]

Hunt v. Perry (Corbin, J.) 03-420
Parent & Child — Modification of grandparent visitation; change in circumstances that prevent application of res judicata is change in circumstances of parties; trial court did not err in finding res judicata applicable; legal changes to GVPA following decisions in Linder and Seagrave were not type to changed circumstances that warrant modification of visitation order. [HTML, WP5.1]

Hunter v. Video Real Estate Agency, Inc. (Per Curiam) 03-1253
Motions — Notice of appeal was timely as to order denying motion to vacate/new trial; motion for rule on clerk with respect to order denying that motion granted; notice of appeal not effective to appeal underlying judgment; motion for rule on clerk as to judgment denied. [HTML, WP5.1]

Jones v. State (Corbin, J.) CR03-401
Attorney & client — Ineffective-assistance claim; ruling that no conflict of interest existed affirmed; appellant failed to demonstrate prejudice. [HTML, WP5.1]

Love v. State (Brown, J.) CR03-153
Search & seizure — Third-party consent; items seized were in plain view of officers; probable cause existed to seize drug-related items. [HTML, WP5.1]

Patrick v. State (Per Curiam) CR03-1319
Motions — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Pilcher v. State (Thornton, J.) CR02-549
Criminal procedure — Appellant's free will was not completely overborne by any alleged use of psychological tactics; custodial statement freely made; trial court's finding of voluntariness not clearly against preponderance of evidence; appellant failed to establish that his statements were made pursuant to false promise of leniency; appellant's first interview with law enforcement occurred prior to his being charged for murder; Sixth Amendment right to counsel had not yet attached. [HTML, WP5.1]

Salmon v. Atkinson (Corbin, J.) 03-535
Attorney & client — Discharged attorney's fees; "New York rule" applied in affirming award of quantum meruit fee to appellees; cause of action accrued immediately upon discharge. [HTML, WP5.1]

Sanford v. Sanford (Glaze, J.) 02-789
Attorney & client — Appellant-husband breached fiduciary duty by acting as appellee-wife's attorney; trial court's finding not clearly erroneous; trust document drafted by appellant construed in appellee's favor; trial court's resolution of capital gains issue affirmed. [HTML, WP5.1]

Simpson v. State (Glaze, J.) CR02-872
Criminal procedure — Postconviction relief; claim of ineffective assistance unsuccessful; prejudice prong not met; appellant failed to demonstrate that outcome of trial would have been different if counsel had submitted evidence that co-defendant's fingerprints were on cash register drawer or that there were fingerprints on the gas pump. [HTML, WP5.1]

South Beach Beverage Co. v. Harris Brands, Inc. (Brown, J.) 02-1367
Attorney & client — Attorney's fees; matter reversed & remanded for circuit court to make eight-factor fee analysis. [HTML, WP5.1]

Taylor v. State (Arnold, C.J.) CR03-550
Criminal law — Rape-shield statute; trial court conducted appropriate balancing test; testimony properly excluded where appellant failed to file written motion. [HTML, WP5.1]

Vest v. State (Per Curiam) CR03-1300
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Arkansas Bar Association - Petition to Revise the Arkansas Rules of Professional Conduct (Per Curiam) 03-1049 [HTML, WP5.1]

PROFESSIONAL CONDUCT MATTERS

In Re: Haynes (Per Curiam) 03-1345 [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Supreme Court Committee on Professional Conduct (Per Curiam) [HTML, WP5.1]

In Re: Supreme Court Committee on Professional Conduct (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Barnett v. State, CR 02-1166 (Per Curiam), Petition for Rehearing denied December 11, 2003. [HTML, WP5.1]

Fields v. State, CA CR 01-63 (Per Curiam), Pro Se Motion for Photocopy of Appellant's Brief at Public Expense denied December 11, 2003. [HTML, WP5.1]

Furr v. State, CR 03-958 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed December 11, 2003. [HTML, WP5.1]

Hampton v. State, CR 03-1051 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot December 11, 2003. [HTML, WP5.1]

Jernigan v. State, CA CR 99-1409 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis and for Writ of Habeas Corpus denied December 11, 2003. [HTML, WP5.1]

Pugh v. State, CR 03-1076 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted December 11, 2003. [HTML, WP5.1]

White v. State, CR 03-985 (Per Curiam), Pro Se Motion to File a Supplemental Brief moot; appeal dismissed December 11, 2003. [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

In Re: Supreme Court Committee on Child Support (Per Curiam) [HTML, WP5.1]

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

CR03-550. Ralph Taylor v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

02-789. Jon R. Sanford v. Sherry W. Sanford, from Pope Circuit. Affirmed. Imber, J., dissents. (21 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR02-872. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit. Affirmed. Arnold, C.J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-401. Tommy Wayne Jones v. State of Arkansas, from Franklin Circuit, Southern District. Affirmed. Arnold, C.J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

03-420. Greg Hunt v. Nancy Perry, from Yell Circuit, Southern District. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

03-535. Joy Salmon v. Virginia Atkinson and James Howell, from Pulaski Circuit, Sixth Division. Affirmed. Imber, J., concurs. (7 PAGES + 5-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-153. Tammy Love v. State of Arkansas, from Logan Circuit, Southern District. Affirmed. Hannah, J., dissents. (11 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

02-1367. South Beach Beverage Company, Inc., and South Beach Beverage Company, LLC v. Harris Brands, Inc., from Washington Circuit. Affirmed in Part; Reversed and Remanded in Part. (14 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-470. Judy Beaver and Jimmy Beaver v. John Q. Hammons Hotels, L.P., John Q. Hammons Hotels, Inc., from Sebastian Circuit, Fort Smith District. Reversed and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit. Affirmed. Arnold, C.J., not participating. (17 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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. Brown and Hannah, JJ., would grant.

CR02-1166. Rodney Barnett v. State of Arkansas, from Mississippi Circuit, Chickasawba District. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

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

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

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

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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03-1253. Ray Hunter & Helena Hunter v. Video Real Estate Agency, Inc., from Sharp Circuit. Motion for rule on clerk is granted in part; denied in part. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR03-670. Carl Franklin Cook v. State of Arkansas, from Pope Circuit. Appellant's motion for additional brief time. Granted 15 days; final extension.

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

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's renewed motion to supplement and settle the record. Granted 15 days.

CR03-818. Jerome Malitan DeAsis v. State of Arkansas, from Benton Circuit. Motion for appointment and substitution of counsel is denied pending filing of affidavit of indigence.

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

CR03-1300. Kelly E. Vest v. State of Arkansas, from Craighead Circuit, Western District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR03-1319. Eddie Lee Patrick, Jr. v. State of Arkansas, from Jefferson Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission, from Jefferson Circuit. Motion of appellee, Washington Demilitarization Company, for costs and attorneys fees; granted $330 in costs, $2,094 for paralegal fees, and $780 in attorneys fees.

02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Appellant's motion for court to take notice of recent decision. Passed until case submitted. Hannah, J., not participating.

03-293. Randall T. McArty v. Henry Morgan, Prosecuting Attorney, from Clark Circuit. Appellee's motion for substitution of counsel is granted. Arnold, C.J., not participating.

03-709. Cleo Hall v. Summit Contractors, Inc. et al., from Pulaski Circuit, Sixth Division. Motion for entry of appearance and brief time granted, with a final extension of 30 days; request for protective order to avoid prejudice to appellant denied.

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. Granted, 30 days.

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 is granted.

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

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

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

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

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

03-1286. Timothy Anderson v. State of Arkansas, from Garland Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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

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

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

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

03-1312. Laura M. Tucker v. Ronald E. Tucker, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk is denied in part; granted in part as to July 25, 2003 order.

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

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

03-1345. In Re: Kenneth W. Haynes, Arkansas Bar ID #95178, an Original Action. Petition for surrender of license is granted. See per curiam this date. Arnold, C.J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-369. Richard Barclay, Director et al. v. Jamie D. Waters et al., from Pulaski Circuit, Twelfth Division. Motion for expedited review of motion to advance oral argument is granted.

03-369. Richard Barclay, Director et al. v. Jamie D. Waters et al., from Pulaski Circuit, Twelfth Division. Motion to advance the oral argument and to expedite consideration of the case on the merits is denied.

03-1306. Jane Doe and Jane Roe v. Arkansas Department of Human Services et al., from Pulaski Circuit, Second Division. Appellants' motion for expedited appeal is denied.

CACR99-1409. Dewayne Alan Jernigan a/k/a Dwayne Alan Jernigan v. State of Arkansas, from Pulaski Circuit, First Division. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and for writ of habeas corpus. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-63. James Fields v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for photocopy of appellant's brief at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-985. Rodney Charles White v. State of Arkansas, from St. Francis Circuit. Pro se motion to file a supplemental brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-958. Jesse Robert Furr, Jr. v. State of Arkansas, from Madison Circuit. 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]

CR03-1051. Odell Hampton v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for extension of time to file brief. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1076. James Robert Pugh v. State of Arkansas, from Washington Circuit. Pro se motion for extension of time to file brief. Motion for extension of time granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-1049. In Re: Arkansas Bar Association - Petition to Revise the Arkansas Rules of Professional Conduct. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. Arnold, C.J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

J. Michael Cogbill, Esquire of Fort Smith, and Sylvia Orton of Little Rock are reappointed to the Supreme Court Committee on Professional Conduct, as an attorney representative from the Third Congressional District and an at-large non-lawyer representative, respectively, each for a term of six years, commencing January 1, 2004, and expiring December 31, 2009.

The Court expresses its gratitude to Mr. Cogbill and Mrs.Orton for accepting reappointment to this important Court Committee.

In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. Arnold, C.J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Honorable Kathleen Bell of Helena, Arkansas, is appointed to the Supreme Court Committee on Professional Conduct, as an attorney representative from the First Congressional District, for a term of six years, commencing January 1, 2004, and expiring December 31, 2009. Judge Bell's appointment is made as a result of the term limitation of Richard A. Reid, of Blytheville, whose two (2) complete terms expire December 31, 2003.

The Court expresses its gratitude to Judge Bell for accepting appointment to this important Court Committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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 PETITIONS FOR REVIEW:

CR03-1296. Ronald A. Weatherford v. State of Arkansas, from Pulaski Circuit, Fourth Division.

 03-1288. Arkansas River Rights Committee, Inc. et al. v. Echubby Lake Hunting Club, LLC, from Lincoln Circuit.

03-1326. Randall R. Bradford v. Director, Employment Security Department et al., from Board of Review.

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 CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion to file belated brief and supplement record.

CR03-1080. Larry Donnell Porter v. State of Arkansas, from Hempstead Circuit. Appellee's motion to dismiss appeal.

02-349. Oakwood Homes Corporation et al. v. Joseph Woodall et al., from Saline Circuit. Notice of relief from stay of bankruptcy.

CA03-258. Wayne Bennett, Sr. et al. v. Lonoke Bancshares, Inc. et al., from Lonoke Circuit. Appellants' motion to certify to the Supreme Court.

03-841. Omni Holding and Development Corporation et al. v. 3D.S.A., Inc., from Crittenden Circuit. Motion to withdraw as counsel for appellants, and for extension of time in which to file a reply brief.

SUBMISSIONS

03-361. Harold Ives Trucking Company v. Mike Pickens, Insurance Commissioner, from Pulaski Circuit, Seventh Division. Argued orally.

CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit.

02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett et al., from Faulkner Circuit.

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District.

03-467. Lynn Carl Middleton et ux. v. Geraldine Lockhart et al., from Newton Circuit.

03-603. Donald Moses v. Clyde Bridgeman, Jr. et ux., from Jefferson Circuit.