Ligon v. Newman (Per Curiam) 03-1381
Attorney & client — Disbarment proceedings; assignment of special judge. [HTML, WP5.1]

Bankston v. State (Per Curiam) CR03-1082
Appeal & error — Motion for belated appeal; granted. [HTML, WP5.1]

Elmore v. State (Dickey, C.J.) CR03-910
Judges — Appearance of impropriety; trial judge erred in permitting wife to sit as juror; should have excused her for cause; reversed & remanded. [HTML, WP5.1]

Jones v. State (Corbin, J.) CR03-1185
Criminal law — Constructive possession; findings that marijuana was in constructive possession of appellant & that appellant violated terms & conditions of suspended sentences not clearly against preponderance of evidence; trial court's judgment of revocation affirmed. [HTML, WP5.1]

Lacy v. State (Dickey, C.J.) CR03-425
Appeal & error — Conditional appeals not allowed; issue not addressed on appeal where no convincing argument or authority provided. [HTML, WP5.1]

Lumpkin v. State (Per Curiam) CR04-039
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Moore v. State (Hannah, J.) CR03-424
Criminal law — Rape and kidnapping charges; restrain employed by appellant exceeded that needed to effectuate rape of victims; evidence supported separate conviction for kidnapping; no abuse of discretion in denial of motion for mistrial; admonition could have cured any prejudicial error. [HTML, WP5.1]

Morgan v. Norris (Per Curiam) 02-513
Habeas corpus — When writ will issue; no merit to appellant's claim; denial of petition affirmed. [HTML, WP5.1]

Parker v. State (Corbin, J.) CR03-889
Criminal law — Accomplice connected to crime by many relevant factors; improbable explanation of events surrounding robbery constituted further circumstantial evidence supporting conviction; accomplice testimony supported by substantial corroborating evidence; motion for mistrial properly denied; date of prior convictions of no consequence; trial court did not err in sentencing appellant to life in prison under three-strikes law. [HTML, WP5.1]

Porter v. State (Per Curiam) CR04-043
Attorney & client — Petition to withdraw granted; substituted counsel appointed. [HTML, WP5.1]

Rose Care, Inc. v. Jones (Per Curiam) 03-1400
Appeal & error — Rules of Appellate Procedure; appellant failed to strictly comply with requirements for obtaining extension of time to lodge record on appeal; appellee's motion to dismiss granted. [HTML, WP5.1]

State v. Fuson (Imber, J.) CR03-178
Appeal & error — Appeals by State; supreme court refused to consider application of accomplice-corroboration statute to specific facts of case. [HTML, WP5.1]

Wilmans v. Sears, Roebuck and Co. (Hannah, J.) 03-429
Declaratory judgment — Relief sought was declaratory judgment of obligations under contract; conduct of person accused of making disputed charges not relevant to determination; issue not decided below; case reversed & remanded. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Regulations of the Board of Certified Court Reporter Examiners (Per Curiam) [HTML, WP5.1]

In Re: Rules of the Arkansas Lawyer Assistance Program (ALAP) (Per Curiam) [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

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

OPINIONS NOT DESIGNATED FOR PUBLICATION

Dyas v. State, CR 03-1452 (Per Curiam), Pro Se Motion to Dismiss Appeal granted January 29, 2004. [HTML, WP5.1]

Hilderbrand v. Norris, 03-982 (Per Curiam), Pro Se Motion for Reconsideration dismissed January 29, 2004. [HTML, WP5.1]

Kirby v. State, CR 02-1131 (Per Curiam), affirmed January 29, 2004. [HTML, WP5.1]

Lenz v. State, CR 03-1270 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied; Pro Se Motion for Appointment of Counsel moot January 29, 2004. [HTML, WP5.1]

Norton v. State, CR 03-1200 (Per Curiam), Pro Se Motion for Appointment of Counsel moot;appeal dismissed January 29, 2004. [HTML, WP5.1]

Sherman v. State, CR 96-183 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied January 29, 2004. [HTML, WP5.1]

Williams v. State, CR 03-1169 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted January 29, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR03-425. Tremain Lacy v. State of Arkansas, from Miller Circuit. Affirmed. Brown, J., dissents. (5 PAGES + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

CR03-910. Jeffrey Charles Elmore v. State of Arkansas, from Grant Circuit. Reversed and Remanded. Thornton, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-889. Ester Lee Parker v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1185. Cornell D. Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Circuit Court Affirmed; Court of Appeals Reversed. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-178. State of Arkansas v. Damon Fuson, from Carroll Circuit, Eastern District. Appeal Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-424. James Lee Moore v. State of Arkansas, from Washington Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

03-429. Sherry D. Wilmans v. Sears, Roebuck and Co., from Pulaski Circuit, Third Division. Reversed and Remanded. Glaze and Imber, JJ., dissent. (7 PAGES + 2-PAGE DISSENT + 2-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-1131. James Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

02-513. David Jefferson Morgan v. Larry Norris, Director, Arkansas Department of Correction, from Lincoln Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

03-214. Lamar Neill v. Nationwide Mutual Insurance Co., from Logan Circuit, Northern District. Brown, J., would grant.

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

REVIEWS GRANTED: Petitions for review were granted today in the following cases.

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. Hannah, J., not participating.

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.

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

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

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

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

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. See per curiam. Special Justice Carol Dalby joins. Hannah, J., concurs. Imber, J., not participating. (Proceedings of January 22, 2004) (1 PAGE + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

03-1381. Stark Ligon, Executive Director, Committee on Professional Conduct v. Robert Paul Newman, Arkansas Bar ID #95050, an Original Action. Assignment of special judge. See per curiam. (Proceedings of January 27, 2004) (1 PAGE PUBLISHED) [HTML, WP5.1]

03-1400. Rose Care, Inc. d/b/a Rose Skill Care Nursing Center v. William Franklyn Jones, as Administrator of the Estate of William Frankie Jones, Deceased, from Craighead Circuit, Western District. Motion to amend and restate partial record granted; amended petition for writ of certiorari to complete the record denied; motion to dismiss granted. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1082. Amy Bankston v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for leave to file belated appeal. Motion granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-39. James Lumpkin v. State of Arkansas, from Phillips Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-43. Leonard Porter v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion to withdraw as counsel and for extension of brief time. Motion granted; counsel appointed. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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 is granted.

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

03-467. Lynn Carl Middleton et ux. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion to file belated motion is denied.

CR96-183. Patrick L. Sherman v. State of Arkansas, from Clark Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1169. Antonio Williams v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1200. Stanley T. Norton v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1270. Michael D. Lenz v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal of order and motion for appointment of counsel. Motion for belated appeal denied; motion for appointment of counsel moot. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1452. Jimmie Dyas a/k/a Jimmy Lee Dyas v. State of Arkansas, from Little River Circuit. Pro se motion to dismiss appeal. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-982. Chad Hilderbrand v. Larry Norris, Director, Arkansas Department of Correction, from Izard Circuit. Pro se motion for reconsideration. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Regulations of the Board of Certified Court Reporter Examiners. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Rules of the Arkansas Lawyer Assistance Program (ALAP). See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

The Honorable Larry Chandler, Circuit Judge, of Magnolia and W.H. Taylor, Esq., of Fayetteville are hereby reappointed to our Committee on Criminal Practice for three-year terms to expire on January 31, 2007. The Court thanks Judge Chandler and Mr. Taylor for accepting reappointment to this important Committee.

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

03-1402. Marie Stracener and Teresa O'Neal v. Thomas Williams, M.D., from Sebastian Circuit, Fort Smith District.

03-1438. Lamar Outdoor Advertising, Inc. v. Arkansas Highway and Transportation Department, from Pulaski Circuit, Seventh Division.

03-1471. Julie Sheddan v. Jacob C. Sheddon, from Pulaski Circuit, Thirteenth Division.

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

CR02-1347. LaJoyya Thomas v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to dismiss appeal.

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Appellant's motion to stand on the record, or for clarification and brief time.

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Appellant's motion to submit supplemental authorities.

03-594. Warren E. Dupwe v. First State Bank et al., from Crittenden Circuit. Appellant's motion on attorney's fees.

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

SUBMISSIONS

CR02-736. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit.

CR02-1026. Patrick Romes v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR03-400. Douglas Bramlett v. State of Arkansas, from Boone Circuit.

CR03-524. Brandon Hardman v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District.