Estate of Hull v. Union Pac. R.R. Co. (Hannah, J.) 03-503
Torts — Wrongful-death actions are derivative in nature; original right of decedent settled; defense of prior settlement with decedent could be impose by appellee in wrongful-death action. [HTML, WP5.1]

Jones v. State (Per Curiam) CR03-491
Appeal & error — Motion to file belated brief and to supplement record denied; treated as motion for rule on clerk. [HTML, WP5.1]

Turner v. State (Corbin, J.) CR03-628
Criminal law — Rape-shield statute; victim's conduct fell within scope; probative value of victim's inconsistent statements did not outweigh prejudicial or inflammatory effect of evidence; trial court's ruling in refusing to allow appellant to impeach victim with inconsistent statements to police was affirmed. [HTML, WP5.1]

Wrenn v. State (Per Curiam) CR03-1146
Criminal procedure — Direct appeal of conviction; failure of court to appoint other counsel when trial attorney was relieved was unacceptable; motion for appointment of counsel granted. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTERS

In Re: Kendel (Per Curiam) 03-1458 [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Akins v. State, CR 03-1234 (Per Curiam), Pro Se Motion for Appointment of Counsel and Petition for Writ of Certiorari; motion and petition granted January 15, 2004. [HTML, WP5.1]

Bryant v. State, CR 03-1077 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed January 15, 2004. [HTML, WP5.1]

Elliott v. State, CR 03-552 (Per Curiam), Pro Se Motion for Extension of Time to File Motion to Supplement Partial Record and to Tender Record Necessary for Appeal granted (final extension) January 15, 2004. [HTML, WP5.1]

Graves v. State, CA CR 00-1059 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied January 15, 2004. [HTML, WP5.1]

King v. State, CR 03-405 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted January 15, 2004. [HTML, WP5.1]

Menzies v. Arkansas Dep't of Human Servs., 03-1237 (Per Curiam), Pro Se Motion to Proceed Informa Pauperis on Appeal of Order Terminating Parental Rights granted January 15, 2004. [HTML, WP5.1]

Singleton v. State, CR 03-1072 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed January 15, 2004. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-628. Richard Leroy Turner v. State of Arkansas, from Washington Circuit. Affirmed. Glaze, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-503. Estate of Sharon Leanne Hull v. Union Pacific Railroad Company, from Conway Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR02-549. Darrell Pilcher v. State of Arkansas, from Hot Spring Circuit. Dickey, C.J., not participating.

03-420. Greg Hunt v. Nancy Perry, from Yell Circuit, Southern District. Dickey, C.J., not participating.

03-434. Cooper Realty Investments, Inc. v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Seventh Division. Dickey, C.J., not participating.

03-535. Joy Salmon v. Virginia Atkinson et al., from Pulaski Circuit, Sixth Division. Dickey, C.J., not participating.

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

CR03-1330. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit.

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

CR03-1342. Shawn Leigh Jimenez v. State of Arkansas, from Pulaski Circuit, Sixth Division.

03-1321. Paul Swaims et ux. v. Samuel T. Greenway et ux., from Independence Circuit.

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CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion to file belated brief and supplement record. Motion denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR02-1087. James Kelley Haynes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to recall mandate is denied pending filing of affidavit of indigency.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to stay briefing schedule is granted.

CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record or for writ of certiorari. Granted 30 days.

CR03-714. Jimmy Housley v. State of Arkansas, from Marion Circuit. Petition for writ of error coram nobis to reinvest the trial court with jurisdiction to consider an amended Rule 37 petition and to stay Rule 37 appeal during remand. Petition denied; granted 15 day reply brief extension.

CR03-818. Jerome Malitan DeAsis v. State of Arkansas, from Benton Circuit. Motion to stay briefing schedule and motion to reconsider appointment and substitution of counsel. Motions granted; Kathy Hall substituted as counsel of record.

CR03-1174. Douglas Graham v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to reinstate appeal is denied.

CR03-1427. Chad Gondolfi v. State of Arkansas, from Benton Circuit. Motion for extension of time to lodge record. Granted 30 days.

02-885. Pine Bluff for Safe Disposal et al. v. Arkansas Pollution Control and Ecology Commission et al., from Jefferson Circuit. Request to correct clerical error is granted.

03-414. Arkansas Tobacco Control Board v. Barbara Sitton, from Pulaski Circuit, Second Division. Motion of Arkansas Wholesale Marketers Association to file amicus curiae brief in support of appellant is granted.

03-874. David Ashley Durham et al. v. Harold Marberry et al., from Sharp Circuit. Appellants' motion to expedite is denied.

CA03-876. Wal-Mart Stores, Inc. v. Regions Bank Trust Department et al., from Garland Circuit. Motion to transfer to Supreme Court is granted.

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

03-1043. Bonnie (Weiss) Medlin v. Tim Weiss, from Polk Circuit. Motion to file belated return of writ of certiorari is granted.

03-1258. Dora Castaneda v. Progressive Classic Insurance Co., from Benton Circuit. Motion to file supplemental brief is granted.

03-1399. Corn Insurance Agency, Inc. et al. v. First Federal Bank of Arkansas, F.A., from Pulaski Circuit, Sixteenth Division. Motion for rule on clerk is granted.

03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Request to proceed in forma pauperis is denied.

03-1415. Elizabeth French v. David Hohn, from Jackson Circuit. Motion for rule on clerk is denied.

03-1421. Lou Ella Benton et al. v. Vickie McHenry et al., from Union Circuit. Motion for rule on clerk is denied.

03-1455. John Spangler v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion to waive filing fee is granted.

03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Motion for accelerated proceedings is denied.

03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Petition for writ of certiorari and for temporary relief. Petition to be submitted as a case; clerk to set briefing schedule.

03-1456. Arkansas Democrat-Gazette, Inc. v. Honorable Ellen B. Brantley, Judge, from Pulaski Circuit, Sixteenth Division. Motion for extension of time to file response is granted.

03-1458. In Re: Walter Albert Kendel, Jr., Arkansas Bar ID #88122, an Original Action. Petition for surrender of license is granted. See per curiam date. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-643. Lon Weigel v. Farmers Insurance Company, Inc., from Benton Circuit. Joint motion to reschedule oral argument is granted.

03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Motion to continue hearing on recusal is denied. (Proceedings of January 14, 2004)

CACR00-1059. Samuel Graves v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-405. Doug Ray King v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-552. Troy Elliott v. State of Arkansas, from Crawford Circuit. Pro se motion for extension of time to file motion to supplement partial record and to tender record necessary for appeal. Motion granted (final extension). See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1072. Undra Singleton v. State of Arkansas, from Ashley Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1077. Keith Anthony Bryant v. State of Arkansas, from St. Francis Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1146. Michael A. Wrenn v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of counsel. Motion granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1234. Alvin Akins v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of counsel and petition for writ of certiorari. Motion and petition granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Pro se motion to proceed informa pauperis on appeal of order terminating parental rights. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. (pro se)

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

03-214. Lamar Neill v. Nationwide Mutual Fire Insurance Co., from Logan Circuit, Northern District.

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

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PETITIONS FOR REVIEW:

 CR03-1435. Anthony Richardson v. State of Arkansas, from White Circuit.

03-1369. American Transportation Corporation v. Exchange Capital Corporation, from Faulkner Circuit.

03-1423. Gloria J. Billings et al. v. Director, Employment Security Department et al., from Board of Review.

03-1434. Coulson Oil Company, Inc. et al. v. Christopher Tully et ux., from Saline Circuit.

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03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to recuse all sitting justices from consideration of the petition for rehearing. Argued orally.

CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Charles E. Waldman to appear and show cause today at 9:00 a.m.

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to strike new arguments raised in appellant's substituted brief.

CR02-645. Keith Allen King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to strike any response by the appellee not timely filed.

CACR03-615. Stanley K. Delancy v. State of Arkansas, from Chicot Circuit. Appellee's motion to certify to the Supreme Court.

CR03-1050. Adam David Borel v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

CR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for belated appeal.

CR03-1476. Jeff Morgan v. State of Arkansas, from Miller Circuit. Motion for rule on clerk.

02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett et al., from Faulkner Circuit. Petition to substitute petition for rehearing.

03-1381. Stark Ligon, Executive Director, Committee on Professional Conduct v. Robert Paul Newman, Arkansas Bar ID #95050, an Original Action. Motion for assignment of special judge.

03-1423. Gloria J. Billings et al. v. Director, Arkansas Employment Security Department et al., from Board of Review. Appellant's motion to strike response to petition for review.

04-16. Lynne Pittman Gordy v. Claude Pittman, from Washington Circuit. Appellant's motion to file belated petition for review.

04-21. Tennille Whittamore et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Appellee's motion to dismiss appeal.

SUBMISSIONS

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Argued orally.

CR03-706. William Price Feland, II v. State of Arkansas, from Washington Circuit.

CR03-889. Ester Lee Parker v. State of Arkansas, from Desha Circuit, Arkansas City District.

03-24. Clifford Allen v. Muriel Allison et al., from Crittenden Circuit.

03-409. R.K. Enterprises, LLC d/b/a Nationwide Nurses et al. v. Pro-Comp Management, Inc. et al., from Washington Circuit.

03-429. Sherry D. Wilmans v. Sears, Roebuck and Co., from Pulaski Circuit, Third Division.

03-569. RMP Rentals, LLC d/b/a RMP Developments, Inc. v. Metroplex, Inc. et al., from Sebastian Circuit, Greenwood District.