Lake View Sch. Dist. No. 25 v. Huckabee (Per Curiam) 01-836
Schools & school districts — Order appointing Masters issued; duties set forth. [HTML, WP5.1]

Hardman v. State (Glaze, J.) CR03-524
Criminal law — Proffered instruction contained higher culpable mental state, with respect to homicidal act, than capital-murder offense charged in information; trial court properly declined to give appellant's proffered instruction; second-degree murder instruction also properly refused; "extreme indifference" is not functional equivalent of "purposely"; trial court did not abuse its discretion in preventing appellant from arguing that State was required to prove purposeful intent to kill in closing argument. [HTML, WP5.1]

Lake View Sch. Dist. No. 25 v. Huckabee (Per Curiam) 01-836
Appeal & error — Motion to expedite review granted; motion to remand denied. [HTML, WP5.1]

Porter v. State (Corbin, J.) CR03-819
Criminal law — Driving while intoxicated; evidence of driving impairment coupled with blood-alcohol level& strong odor of intoxicants was substantial evidence of intoxication. [HTML, WP5.1]

Romes v. State (Corbin, J.) CR02-1026
Criminal procedure — Speedy trial; 367 days properly excluded from speedy-trial calculation; denial of appellant's motion to dismiss affirmed; probable cause existed to arrest appellant for aggravated robbery & capital murder at time that he was arrested on theft warrant; need to discuss pretext obviated; denial of motion to suppress affirmed. [HTML, WP5.1]

State v. 26 Gaming Machines (Brown, J.) 03-173
Gaming — Countertop machines; listed as amusement devices in statute; not gaming devices per se; intangible reward does not qualify as reward for gaming purposes. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Campbell v. Putman, CR 03-1298 (Per Curiam), Pro Se Motion for Reconsideration of Petition for Writ of Mandamus denied February 5, 2004. [HTML, WP5.1]

Jones v. Arkansas Dep't of Correction, 02-412 (Per Curiam), affirmed February 5, 2004. [HTML, WP5.1]

Lee v. State, CR 03-1260 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Postconviction Order denied February 5, 2004. [HTML, WP5.1]

Nichols v. State, 03-1054 (Per Curiam), Pro Se Motion for Reconsideration denied February 5, 2004. [HTML, WP5.1]

Pennington v. State, CR 03-1039 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Belated Appeal of Orders denied February 5, 2004. [HTML, WP5.1]

Risher v. Chandler, CR 04-20 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 5, 2004. [HTML, WP5.1]

Warren v. State, CR 03-21 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Reverse Appeal denied February 5, 2004. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-524. Brandon Hardman v. State of Arkansas, from Pulaski Circuit, Sixth Division Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR02-1026. Patrick Levern Romes v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. (20 PAGES PUBLISHED) [HTML, WP5.1]

CR03-819. Justin Porter v. State of Arkansas, from Baxter Circuit. Circuit Court Affirmed; Court of Appeals Reversed. Thornton, J., dissents. Hannah, J., not participating. (8 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District. Affirmed. Glaze and Thornton, JJ., dissent. Dickey, C.J., not participating. (13 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

02-412. William Frank Jones, Jr. v. Arkansas Department of Correction et al., from Jefferson Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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. Sheddan, from Pulaski Circuit, Thirteenth Division.

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01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. GovernorMike Huckabee et al., from Pulaski Chancery, Second Division. Order Appointing Masters. See per curiam. Special Justice Carol Dalby joins. Glaze, J., concurs. Imber, J., not participating. (Proceedings of February 3, 2004) (5 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

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. Motion to expedite and joint motion of appellants' attorneys and others for remand of jurisdiction for limited purposes. Motion to expedite granted; motion to remand denied. See per curiam this date. Special Justice Carol Dalby joins. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

CR03-180. Joe Copeland v. State of Arkansas, from Sevier Circuit. Appellant's motion to stand on the record, or for clarification is denied; brief due February 20, 2004.

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

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

CR03-21. Johnny Warren v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration of motion to reverse appeal. Motion for reconsideration denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1039. Frederick Pennington v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for reconsideration of motion for belated appeal of orders. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1260. James Arthur Lee v. State of Arkansas, from Jefferson Circuit. Pro se motion for rule on clerk to proceed with appeal of postconviction order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1298. Roger Dale Campbell v. Honorable John Putman, Judge, from Boone Circuit. Pro se motion for reconsideration of petition for writ of mandamus. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-20. Daniel W. Risher v. Honorable Larry Chandler, Judge, from Columbia Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

03-1054. Billy Mack Nichols v. State of Arkansas, from Jefferson Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR03-1461. Rodney Doubleday v. State of Arkansas, from Van Buren Circuit.

03-1384. Superior Federal Bank v. George Mackey et al., from Pulaski Circuit, Fifth Division.

03-1412. Shelly Turner, Administratrix of The Estate of Ricky Turner, Deceased v. Northwest Arkansas Neurosurgery Clinic, P.A., from Washington Circuit.

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit.

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

CR03-1339. Mario Juarez-Reyes v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.

CR04-74. Mary Hiang and Consuella Terrell v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk.

CR04-83. State of Arkansas v. James C. Fudge, from Pulaski Circuit, First Division. Motion to withdraw and for substitution of counsel.

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

CA03-864. Systems Contracting Corporation v. Marty Kilman et al., from White Circuit. Appellant's motion to certify to the Arkansas Supreme Court.

03-1215. Richard A. Weiss, Director, Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division. Appellees' motion to dismiss appeal.

03-1310. Cindy Burchfield et al. v. Arkansas Department of Human Services, from Boone Circuit. Appellee's motion to dismiss for lack of jurisdiction.

04-90. Sharon White v. Randy Mattingly, from Benton Circuit. Petition for writ of certiorari to complete the record.

04-91. Kirby Smith, M.D. et al. v. Honorable David Laser, Judge, from Mississippi Circuit, Chickasawba District. Application for temporary stay.

04-91. Kirby Smith, M.D. et al. v. Honorable David Laser, Judge, from Mississippi Circuit, Chickasawba District. Petition for writ of certiorari.

04-123. Lori Gilmore d/b/a 'N-Style v. Steward & Young, Inc., from Crawford Circuit. Petition for writ of certiorari to complete the record.

SUBMISSIONS

03-649. Tyson Foods, Inc. et al. v. Michael R. Archer et al., from Pope Circuit. Argued orally.

03-1215. Richard A. Weiss, Director, Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division. Argued orally.

02-1387. Jerry Carlew v. Evie Wright, from White Circuit.

03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division.

03-318. Harold Rigsby v. Brett Rigsby, from Logan Circuit, Northern District.

03-415. Michael Everette Todd v. Stark Ligon, Executive Director, Supreme Court Committee on Professional Conduct, from Greene Circuit.