Bailey v. Rahe (Glaze, J.) 02-1316
Attorney & client — Attorney's fees; matter reversed & remanded for trial court to consider six Chrisco v. Sun Indus. factors. [HTML, WP5.1]

Feland v. State (Glaze, J.) CR03-706
Municipal corporations — Ordinances; presumption of validity; trial court did not err in denying motion to suppress where officer reasonably relied on validity of noise ordinance to stop appellant. [HTML, WP5.1]

Lake View School District No. 25 v. Huckabee (Per Curiam) 01-836
Appeal & error — Mandate recalled; master to be appointed. [HTML, WP5.1]

Morgan v. State (Per Curiam) CR03-1476
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

National Enters., Inc. v. Lake Hamilton Resort, Inc. (Brown, J.) 02-1192
Appeal & error — Finality of order; 1994 order not appealed where appellant failed to perfect appeal in timely fashion; motion to dismiss granted with respect to 1994 order; circuit court did not abuse discretion in granting 2002 protective order. [HTML, WP5.1]

Otis v. State (Hannah, J.) CR03-334
Juveniles — Decision to try as adult; trial court's decision not to transfer to juvenile court not clearly erroneous; option of trying fourteen & fifteen-year-olds as adults given by legislature; such decision neither arbitrary or irrational. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Administrative Order Number 14 (Per Curiam) [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 (Per Curiam) [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Supreme Court Ad Hoc Committee on Foster Care and Adoption (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Berger v. State, CR 02-350 (Per Curiam), Substituted unpublished opinion on grant of petition for rehearing delivered February 12, 2004; appears in syllabus that date. [HTML, WP5.1]

Bradford v. Hill, CR 03-1131 (Per Curiam), Pro Se Petition for Writ of Mandamus dismissed January 22, 2004. [HTML, WP5.1]

Campbell v. State, CR 03-570 (Per Curiam), Pro Se Motion for Leave to File a Belated Supplemental Record granted in part and denied in part January 22, 2004. [HTML, WP5.1]

Edwards v. State, CR 93-432 (Per Curiam), Motion for Photocopy of Transcript at Public Expense denied January 22, 2004. [HTML, WP5.1]

Hunter v. State, CR 03-984 (Per Curiam), Pro Se Motion to File Belated Brief moot; appeal dismissed January 22, 2004. [HTML, WP5.1]

Latta v. State, CR 03-494 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted January 22, 2004. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-706. William Price Feland, II v. State of Arkansas, from Washington Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

02-1316. Donna Bailey v. Barbara Rahe, from Pulaski Circuit, Twelfth Division. Reversed and Remanded. Hannah, J., dissents. (8 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

02-1192. National Enterprises, Inc., and Arkansas No. 1, LLC v. Lake Hamilton Resort, Inc., from Garland Circuit. Motion to Dismiss Appeal of 1994 Order Granted. Affirmed. Imber, J., not participating. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-334. Kirk Edward Otis v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. Imber, J., concurs. Corbin, J., not participating. (23 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Affirmed. Substituted unpublished opinion on grant of petition for rehearing delivered February 12, 2004; appears in syllabus that date. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. Dickey, C.J., not participating.

CR01-1052. Ricky L. Scott v. State of Arkansas, from Cross Circuit. (pro se) Dickey, C.J., not participating.

02-1332. Benjamin F. Lackey, Jr. v. Dana Bramblett et al., from Faulkner Circuit. Referred to Committee on Professional Conduct for whatever consideration deemed appropriate. Dickey, C.J., not participating.

03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Dickey, C.J., not participating.

03-603. Donald Moses v. Clyde Bridgeman et ux., from Jefferson Circuit. Dickey, C.J., not participating.

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

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. Justice Glaze, Justice Corbin, Justice Brown, Justice Imber, Justice Thornton, and Justice Hannah decline. Chief Justice Dickey has not been asked to recuse.

03-261. John Parker v. Jim Perry et al., from Sebastian Circuit, Fort Smith District. Appellant's supplement to motion to recuse all sitting justices from consideration of the petition for rehearing is denied. (Proceedings of January 15, 2004)

02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit. Appellee's motion to dismiss appeal. Moot. See opinion this date.

02-1316. Donna Bailey v. Barbara Rahe, from Pulaski Circuit, Twelfth Division. Motion to strike appellee's brief is denied.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of Alma School District et al. to adopt separate brief of intervenors/appellees Rogers and Bentonville Public School Districts is denied. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of William B. Gabriel d/b/a Economy Relief Services to file amicus curiae brief is denied. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of Arkansas City School District et al. for leave to intervene or to file amici curiae brief is denied. Imber, J., not participating. (Proceedings of January 16, 2004)

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of Carthage School District et al. for leave to intervene or to file amici curiae brief is denied. Imber, J., not participating. (Proceedings of January 16, 2004)

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of the Arkansas Education Association to file an amicus curiae brief is granted. Imber, J., not participating. (Proceedings of January 16, 2004)

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion for leave to file amicus curiae brief by the Arkansas Public Policy Panel is granted. Motion for rule on clerk to docket amicus curiae brief. Moot. Imber, J., not participating. (Proceedings of January 16, 2004)

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Appellants' attorneys' motion to add additional class representative is denied. Imber, J., not participating. (Proceedings of January 16, 2004)

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 is denied.

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 is denied; briefing schedule stayed 15 days.

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

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

CR03-1476. Jeff Morgan v. State of Arkansas, from Miller Circuit. Motion for rule onclerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 is denied.

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

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

CR93-432. David Lee Edwards v. State of Arkansas, from Crittenden Circuit. Motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-494. Mark R. Latta v. State of Arkansas, from Garland Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-570. Billy Joe Campbell v. State of Arkansas, from Clark Circuit. Pro se motion for leave to file a belated supplemental record. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-984. Andre Hunter v. State of Arkansas, from St. Francis Circuit. Pro se motion to file belated brief. Motion moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1131. Donneitha Bradford v. Honorable Victor Hill, Judge, from Mississippi Circuit, Chickasawba District. Pro se petition for writ of mandamus. Petition dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-71. Tyree Devon Smith v. Honorable Timothy D. Fox, Judge, from Pulaski Circuit, Sixth Division. Motion for expedited consideration granted; motion for temporary stay granted, clerk to set briefing schedule. (Proceedings of January 21, 2004)

In Re: Administrative Order Number 14. See per curiam this date. (6 PAGES PUBLISHED) [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. (15 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Ad Hoc Committee on Foster Care and Adoption. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Thomas David Hoffpauir Jr., LMSW, Pat Baily Page, Attorney at Law, both of Little Rock, Levi Thomas of Pine Bluff, and Birkes Williams, MSW, of Hot Springs, are hereby appointed to the Supreme Court Ad Hoc Committee on Foster Care and Adoption. The Court thanks Mr. Hoffpauir, Ms. Page, Mr. Thomas, and Mr. Williams for accepting appointment to the Committee.

The Court expresses its appreciation to Lisa G. Peters for service on the Committee and to Amy Rossi for her years of faithful service to this Committee since its creation.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Mandate recalled; master to be appointed.  Special Justice Carol Dalby joins. Hannah, J., concurs. Imber, J., not participating. See per curiam this date. (1 PAGE + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR03-1334. Robert S. Hampton v. State of Arkansas, from Ashley Circuit.

CR03-1441. Adam Tate v. State of Arkansas, from Pulaski Circuit, First Division.

CR03-1460. Johnny Mann v. State of Arkansas, from Ashley Circuit.

03-1459. Sharon Kay Edmundson v. The Estate of Oral W. Fountain, Deceased, from Izard Circuit.

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01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion for writ of prohibition, injunctive relief, escrow of public funds, and motion for contempt. Argued orally.

CR04-39. James Lumpkin v. State of Arkansas, from Phillips Circuit. Motion for rule on clerk.

CR04-43. Leonard Porter v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as attorney on direct appeal and motion for extension of time.

03-342. Larry Ingram v. The City of Pine Bluff et al., from Jefferson Circuit. Appellees' motion to amend the mandate.

03-709. Cleo Hall v. Summit Contractors, Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellee, HRH Safety and Health Systems, Inc., to supplement the record.

04-42. Holly Cockrum, M.D. v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division. Petition for writ of prohibition.

SUBMISSIONS

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Argued orally.

CR03-424. James Lee Moore v. State of Arkansas, from Washington Circuit.

CR03-910. Jeffrey Charles Elmore v. State of Arkansas, from Grant Circuit.

CR03-914. State of Arkansas v. Jaye M. Brown and Michael C. Williams, from Pope Circuit.

CR03-1185. Cornell D. Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District.