Bramblett v. State (Imber, J.) CR03-400
Intoxicating liquors — DWI law; intoxication is now measured by alcohol concentration in Ark. Code Ann. § 5-65-103(b)(Supp. 2001); DWI statute construed in conjunction with section 5-65-204; .08 grams of alcohol is required to render person legally intoxicated under statute; alcohol concentration of at least .08 grams of alcohol per 210 liters of breath, or per 100 milliliters of blood, results in per se violation of § 5-65-103(b); appellant was in per se violation of statute; circuit court did not err in finding him guilty of DWI. [HTML, WP5.1]

Carlew v. Wright (Thornton, J.) 02-1387
Appeal & error — Appellant failed to make directed-verdict motion on issue of appellant's immunity pursuant to Ark. Code Ann. § 21-9-301; issue waived; proffer allowed after delay; trial court affirmed; appellant failed to demonstrate that rial court's refusal to allow him to state specific objections to holding pretrial hearing caused prejudice; trial court affirmed. [HTML, WP5.1]

Isom v. State (Brown, J.) CR02-213
Criminal law — Capital murder; sufficient evidence presented; refusal to allow additional questions to rehabilitate jurors not abuse of discretion; circuit judge did not abuse discretion in exclusion for cause in death-penalty case; no abuse of discretion in denying Batson challenge where prosecutor offered race-neutral explanations for two peremptory challenges; prosecutor's comments not so flagrant as to require judge to intervene sua sponte; no rational basis for circuit judge to instruct jury on ordinary robbery where evidence of aggravated robery was conclusive. [HTML, WP5.1]

Jones v. State (Per Curiam) CR03-491
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Kelley v. State (Per Curiam) CR04-099
Motions — Rule on clerk; good cause for granting. [HTML, WP5.1]

Manila Sch. Dist. No. 15 v. Wagner (Corbin, J.) 03-755
Master & servant — Employment-termination case; loss of job is quintessentially reparable by money damages; abuse of discretion found; reversed & remanded with instructions to dissolve injunction. [HTML, WP5.1]

Shipley, Inc. v. Long (Per Curiam) 04-136
Motions — Motion & certifying order requesting supreme court to answer four questions of Arkansas law; certified questions of law accepted. [HTML, WP5.1]

Strom v. State (Per Curiam) CR03-743
Appeal & error — Motion to file belated brief; good cause for granting. [HTML, WP5.1]

Todd v. Ligon (Brown, J.) 03-415
Attorney & client — Disbarment; language of Ark. R. Civ. P. 17(c) plain & unambiguous; person appointed by court to defend under rule must necessarily be attorney; appellant had counsel; full defense presented; disbarment affirmed. [HTML, WP5.1]

Tyson Foods, Inc. v. Archer (Corbin, J.) 03-649
Arbitration — Inconsistent language resulted in lack of mutuality; black-letter law enunciated in prior cases applies to other situations where court is called on to determine enforceability of arbitration agreements; "swine" contracts lacked necessary element of mutuality of obligation; trial court correctly denied appellants' motion to stay litigation & compel arbitration. [HTML, WP5.1]

Weiss v. McFadden (Dickey, C.J.) 03-1215
Taxation — Voluntary-payment rule; matter reversed & remanded where trial court erred in refusing to apply voluntary-payment rule to illegally exacted taxes paid in years prior to 1999; Act 380 of 1991 was plain & unambiguous; did not violate intergovernmental immunity doctrine. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTERS

In Re: Halford (Per Curiam) 04-155 [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Carter v. State, CR 03-148 (Per Curiam), affirmed February 19, 2004. [HTML, WP5.1]

Hutts v. State, CR 02-964 (Per Curiam), affirmed February 19, 2004. [HTML, WP5.1]

Lacy v. State, CR 02-985 (Per Curiam), affirmed February 19, 2004. [HTML, WP5.1]

Morris v. State, CR 03-1473 (Per Curiam), Pro Se Motion and Amended Motion for Belated Appeal of Order denied February 19, 2004. [HTML, WP5.1]

Pickens v. State, CR 03-695 (Per Curiam), Pro Se Motion for Duplication of Reply Brief at Public Expense denied February 19, 2004. [HTML, WP5.1]

Pinder v. State, CR 02-1289 (Per Curiam), Pro Se Motion to Supplement Record on Appeal denied February 19, 2004. [HTML, WP5.1]

Robinson v. State, CR 03-1251 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted February 19, 2004. [HTML, WP5.1]

Wilson v. State, CR 03-1316 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Pro Se Motion for Appointment of Counsel denied February 19, 2004. [HTML, WP5.1]

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ORIGINAL SYLLABUS

BETTY C. DICKEY, CHIEF JUSTICE:

03-1215. Richard Weiss, Director of the Arkansas Department of Finance and Administration v. Jimmy R. McFadden, William W. Joplin, and James T. French, On Behalf of Themselves and All Taxpayers Similarly Situated and Arkansas Attorney General, from Pulaski Circuit, Thirteenth Division. Appellees' Motion to Dismiss Appeal Denied. Affirmed in Part; Reversed and Remanded in Part. (14 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

03-649. Tyson Foods, Inc., and the Pork Group, Inc. v. Michael R. Archer et al., from Pope Circuit. Affirmed. Glaze, J., concurs. Dickey, C.J., Thornton and Hannah, JJ., dissent. (10 PAGES + 2-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-755. Manila School District No. 15 v. Charolette Wagner, from Mississippi Circuit, Chickasawba District. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Affirmed. Special Justice Kevin Crass joins. Corbin, J., not participating. (32 PAGES PUBLISHED) [HTML, WP5.1]

03-415. Michael Everett Todd v. Stark Ligon, as Executive Director of the Supreme Court Committee on Professional Conduct, from Greene Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-400. Douglas Bramblett v. State of Arkansas, from Boone Circuit. Affirmed. Glaze, J., concurs. (8 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Affirmed. Dickey, C.J., and Hannah, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-964. James Hutts v. State of Arkansas, from Yell Circuit. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-985. John Aaron Lacy v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-148. Sanders M. Carter v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

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

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

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit. Hannah, J., not participating.

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

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

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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02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Appellant's motion for court to take notice of recent decision. See opinion this date. Dickey, C.J., and Hannah, J., not participating.

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 is denied. See opinion this date.

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 is denied. See Coggins v. Coggins, ___ Ark.     , 108 S.W.3d 588 (2003).

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

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

CR03-743. Donald Gene Strom v. State of Arkansas, from Grant Circuit. Appellant's motion to file belated brief is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

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

CR04-99. Allen Shane Kelley v. State of Arkansas, from Washington Circuit. Motion for rule on clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

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

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

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 is denied.

04-155. In Re: Randall Halford, Arkansas Bar ID #84060, an Original Action. Petition for surrender of license is granted. See per curiam this date. Glaze, J., would modify the sanction. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-1289. Steven L. Pinder v. State of Arkansas, from Columbia Circuit. Pro se motion to supplement record on appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-695. Michael Glenn Pickens v. State of Arkansas, from Hot Spring Circuit. Pro se motion for duplication of reply brief at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1251. Steve Robinson v. State of Arkansas, from Chicot Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1316. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Pro se motions for extension of time to file brief and for appointment of counsel. Motion for extension of time granted; motion for appointment of counsel denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1473. Eugene Morris v. State of Arkansas, from Pulaski Circuit. Pro se motion and amended motion for belated appeal of order. Motion and amended motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-136. Shipley, Inc., et al. v. Fletcher Long, Jr., et al., an Original Action. Request to Certify Questions of Law from the United States District Court for the Eastern District of Arkansas. Notice of Acceptance of Certified Questions of Law. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

02-1192. National Enterprises, Inc. et al. v. Lake Hamilton Resort, Inc., from Garland Circuit.

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PETITIONS FOR REVIEW:

CR04-129. Jerry Dean Cooper v. State of Arkansas, from Pulaski Circuit, Fourth Division.

04-93. Anderson Gas & Propane, Inc. et al. v. Westport Insurance Corporation, from Madison Circuit.

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CACR03-63. Billy T. Sims, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellant's motion to certify to the Arkansas Supreme Court.

CACR03-1129. Jonah Vaughn Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to certify appeal to the Arkansas Supreme Court.

CR03-1174. Douglas Graham v. Honorable Barry Sims, Judge, from Pulaski Circuit, Seventh Division. Motion to reconsider reinstating appellant's appeal.

CR03-1379. Terry Lee Kuelper v. State of Arkansas, from Benton Circuit. Motion for extension of time to return remand.

02-749. Richard L. Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Motion for extension of time to settle record.

03-173. State of Arkansas v. 26 Gaming Machines, from Sebastian Circuit, Fort Smith District. Appellees' motion to tax costs.

CA03-1099. Mary Linker-Flores et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion to be relieved as counsel for separate appellant, Mary Linker Flores, and for extension of time to file brief.

CA03-1099. Mary Linker-Flores et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Appellee's motion to stay briefing schedule.

03-1308. Terry Ronald Smith v. State Board of Law Examiners, an Original Action. Appellee's motion to file belated brief.

04-41. Lenders Title Company v. Don Chandler, from Garland Circuit; 03-754. American Abstract and Title Company et al. v. George Rice et ux., from Pulaski Circuit, Thirteenth Division. Motion of Lenders Title Company to consolidate appeals for purposes of oral argument and submission.

04-180. In Re: Thomas Glenn Aldridge, Arkansas Bar ID #90132, an Original Action. Petition for surrender of license.

SUBMISSIONS

CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit.

CR03-915. Demarcus Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division.

03-450. Jay Abramson v. Michelle Eldridge, from Arkansas Circuit, Southern District.

03-765. June D. Scamardo v. Dr. Robert Jaggers et al., from Sebastian Circuit, Fort Smith District.

03-841. Omni Holding and Development Corporation v. 3D.S.A., Inc., from Crittenden Circuit.

03-885. Michelle Eldridge v. Jay Abramson, from Arkansas Circuit, Southern District.