Dodson v. State (Per Curiam) CR02-878
Contempt — Failure to protect client's right to first appeal; show-cause order issued. [HTML, WP5.1]

Greene v. State (Dickey, C.J.) CR02-736
Attorney & client — Ineffective-assistance claim; matters of trial strategy & tactics fall within realm of counsel's professional judgment; appellant failed to show that counsel's representation fell below objective standard of reasonableness; counsel cannot be ineffective for failure to make meritless argument. [HTML, WP5.1]

Hiang v. State (Per Curiam) CR04-074
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Ligon v. Whitfield (Per Curiam) 03-768
Attorney & client — Disbarment proceedings; special master appointed. [HTML, WP5.1]

McDonald v. State (Hannah, J.) CR03-957
Criminal procedure — Affidavit admitting fault no longer required before motion for rule on clerk will be considered; failure to admit fault will result in use of court's contempt powers; clerk ordered to accept motions seeking relief from failure to perfect appeal; lack of clarity in pleadings as to attorney error will result in matter being remanded for findings of fact; notice of appeal clearly defective even without admission of fault by counsel; motion for rule on clerk granted as motion for belated appeal. [HTML, WP5.1]

McKenzie v. State (Per Curiam) CR03-775
Appeal & error — Counsel denied that he should be held in contempt; special master appointed. [HTML, WP5.1]

Riverdale Dev. Co., LLC v. Ruffin Bldg. Sys., Inc. (Glaze, J.) 03-244
Judgment — Collateral estoppel; cases relied upon by appellant inapplicable; court declined to adopt minority view; Arkansas has recognized & approved defensive application of collateral estoppel, even where there is no mutuality of parties; majority view adopted; elements present for application of defensive collateral estoppel by appellee as party not involved in prior litigation; trial court properly concluded that appellant was collaterally estopped from further litigating same issues. [HTML, WP5.1]

RMP Rentals v. Metroplex, Inc. (Dickey, C.J.) 03-569
Liens — Materialmen's lien; choice-of-law provision in appellant's contract was meaningless; materialmen's lien provisions of statute controlled over forum-selection clause. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Aaron v. Storey, CR 04-78 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 12, 2004. [HTML, WP5.1]

Berger v. State, CR 02-350 (Per Curiam), substituted opinion; affirmed February 12, 2004. [HTML, WP5.1]

Kelley v. State, CR 03-824 (Per Curiam), Pro Se Motion to Dismiss Appeal granted February 12, 2004. [HTML, WP5.1]

King v. State, CR 02-645 (Per Curiam), Pro Se Motion for Extension of Brief Time denied February 12, 2004. [HTML, WP5.1]

Luster v. State, CA CR 96-609 (Per Curiam), Pro Se Motion for Belated Appeal of Postconviction Order denied February 12, 2004. [HTML, WP5.1]

Nichols v. Harmon, 02-567 (Per Curiam), affirmed February 12, 2004. [HTML, WP5.1]

Ramaker v. Clinger, CR 03-1403 (Per Curiam), Pro Se Petition for Writ of Mandamus moot February 12, 2004. [HTML, WP5.1]

Reed v. State, CR 03-1451 (Per Curiam), Pro Se Motion to Dismiss Motion for Transcript and Motion to Hold Appeal in Abeyance granted February 12, 2004. [HTML, WP5.1]

Thurmond v. State, CR 03-1396 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied February 12, 2004. [HTML, WP5.1]

Turner v. State, CR 01-761 (Per Curiam), Pro Se Motion and Amended Motion for Photocopy of Transcript at Public Expense denied February 12, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR02-736. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Affirmed. (17 PAGES PUBLISHED) [HTML, WP5.1]

03-569. RMP Rentals v. Metroplex, Inc., from Sebastian Circuit, Greenwood District. Affirmed. Corbin and Hannah, JJ., dissent. (9 PAGES + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-244. Riverdale Development Company, LLC v. Ruffin Building Systems, Inc., from Pulaski Circuit, Fifth Division. Affirmed. (17 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-957. Randolph McDonald v. State of Arkansas, from Carroll Circuit, Western District. Motion for Rule on the Clerk Treated as Motion for Belated Appeal. Granted. (12 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

02-567. Billy Mack Nichols, Jr. v. G. Harmon et al., from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING GRANTED: Petition for rehearing was granted today in the following case.

CR02-350. Russell Berger v. State of Arkansas, from Faulkner Circuit. Substituted opinion; affirmed. See per curiam this date. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

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

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Hannah, J., not participating.

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

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.

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CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Special master appointed. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-768. Stark Ligon, Executive Director, Committee on Professional Conduct v. Sam Whitfield, Jr., Arkansas Bar ID #82056, an Original Action. Appointment of special master. See per curiam this date. (2 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 granted.

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

CR04-74. Mary Hiang and Consuella Terrell v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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

04-90. Sharon White v. Randy Mattingly, from Benton Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

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

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

CACR96-609. Kirk Luster v. State of Arkansas, from Clark Circuit. Pro se motion for belated appeal of postconviction order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR01-761. Jason Nugene Turner v. State of Arkansas, from Calhoun Circuit. Pro se motion and amended motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-645. Keith A. King v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion for extension of brief time. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. Pro se motion to reinstate appeal of judgment of conviction. Motion granted; appeal reinstated; order to show cause issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-824. Onis M. Kelley v. State of Arkansas, from Ashley Circuit. Pro se motion to dismiss appeal. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1396. Sam Edward Thurmond v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1403. Michael J. Ramaker v. Honorable David S. Clinger, Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1451. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Pro se motion to dismiss motion for transcript and motion to hold appeal in abeyance. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-78. Mike Aaron v. Honorable William A. Storey, Judge, from Washington Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

03-232. AJ&K Operating Company, Inc. et al. v. Grover Smith et al., from Union Circuit.

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PETITIONS FOR REVIEW:

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit.

CR04-100. Timothy Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division.

03-1453. Flash Market, Inc. v. Pete Karczmarczyk, from Saline Circuit.

03-1454. Mark Heptinstall v. Asplundh Tree Expert Company et al., from Workers' Compensation Commission.

04-13. Herbert Brake v. The Kroger Company, Inc. et al., from Workers' Compensation Commission.

04-102. Arkansas Power & Light Company v. Ronnie M. Miller, from Workers' Compensation Commission.

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CR99-928. Andrew R. Engram v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for extension of time to file brief.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk.

CR03-743. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Appellee's motion to dismiss appeal.

CR03-743. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Appellant's motion to file belated brief.

CR03-1050. Adam David Borel v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for belated appeal.

CR03-1050. Adam David Borel v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to supplement the record.

CR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit. Motion for rule on clerk.

CA03-820. Kevin Smith v. Honorable Wiley A. Branton, Jr., Judge, from Pulaski Circuit, Eighth Division. Petition for writ of mandamus.

03-1157. Irma Amaya v. Jerol "Eddie" Amaya, from Pulaski Circuit, Thirteenth Division. Motion to withdraw as counsel.

03-1295. David A. Kelly v. Larry Norris, from Jefferson Circuit. Appellant's motion to supplement the record and to stay the proceedings.

03-1324. Stephanye Robinson v. Department of Human Services, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

04-130. Jonesboro Lodge No. 1729, Loyal Order of Moose, Inc. v. Honorable Victor Hill, Judge, from Craighead Circuit, Western Division. Petition for writ of certiorari.

04-155. In Re: Randall Halford, Arkansas Bar ID #84060, an Original Action. Petition for surrender of license.

SUBMISSIONS

CR98-1394. Robert Robbins v. State of Arkansas, from Craighead Circuit, Western District. Argued orally.

CR03-344. Paul E. Hanlin v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR03-615. Stanley K. Delancy v. State of Arkansas, from Chicot Circuit.

03-258. Wayne Bennett, Sr. et al. v. Lonoke Bancshares, Inc. et al., from Lonoke Circuit.

03-563. Jim Green et al. v. The City of Jacksonville, Arkansas et al., from Pulaski Circuit, Twelfth Division.

03-755. Manila School District No. 15 of Manila, Mississippi County, Arkansas et al. v. Charolette Wagner, from Mississippi Circuit, Chickasawba District.