Delancy v. State (Imber, J.) CR03-615
Appeal & error — Mootness doctrine applicable; case fell within exception to doctrine in that it was capable of repetition & yet would evade review; sufficient evidence of irreparable harm provided; no abuse of discretion found in issuance of permanent injunction. [HTML, WP5.1]

Jordan v. State (Corbin, J.) CR03-915
Criminal law — Capital-felony murder; evidence belied claim of accidental shooting; evidence sufficient to constitute circumstances manifesting extreme indifference to human life; appellant's motion for directed verdict properly denied; circumstances indicated that waiver of Miranda rights was made voluntarily, knowingly, and intelligently; conviction affirmed. [HTML, WP5.1]

Rigsby v. Rigsby (Hannah, J.) 03-318
Estoppel — Promissory estoppel; trial court's finding that it was reasonable for appellee to make improvements on property in reliance on appellant's statement not clearly erroneous; appellee entitle to one-half of surface rights; trial court's determination not clearly erroneous. [HTML, WP5.1]

Robbins v. State (Glaze, J.) CR98-1394
Criminal law — Death penalty harmless-error review; harmless error analysis not precluded regarding errors in jury's consideration of mitigating evidence; inconsistent verdict forms regarding mitigating factors found to constitute harmless error in Jones v. State; Wainwright v. State jury specifically found that three aggravators outweighed beyond reasonable doubt all mitigating circumstances; both Jones & Wainwright found controlling here; purported inconsistencies by jury in completing of Form 2 amounted to harmless error; appellant's death sentence affirmed. [HTML, WP5.1]

Scamardo v. Jaggers (Glaze, J.) 03-765
Action — Direct-action statute; inconsistency perceived by appellant in readings of prior holdings explained; appellant's argument premised on misunderstanding of court's use of term "immunity from liability"; phrase does not mean that nonprofit organization may not be found liable; supreme court declined to overrule Clayborn or to limit its holding. [HTML, WP5.1]

Union Pacific R.R. Co. v. Barber (Imber, J.) 03-057
Evidence — Prior similar occurrences; not any less reliable in railroad-crossing cases than in any other context; near-miss evidence considered on case-by-case basis; trial court abused discretion in admitting witnesses' dissimilar near-miss testimony, which, as cumulative evidence, did not result in prejudice to appellant; testimony supported finding that conditions at crossing caused truck to be hit by train; general verdict of negligence could have been based on theory that appellant failed to properly maintain vegetation at crossing; sufficient evidence to support award of punitive damages;$25 million award did not shock conscience; parties discharged from obligation to perform under contract where circuit court failed to approve settlement; various motions to strike granted. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [HTML, WP5.1]

PROFESSIONAL CONDUCT MATTERS

In Re: Aldridge (Per Curiam) 04-180 [HTML, WP5.1]

APPOINTMENTS TO COMMITTEES

In Re: Supreme Court Amendment 80 Committee (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Banks v. State, CR 03-160 (Per Curiam), rebriefing ordered February 26, 2004. [HTML, WP5.1]

Cooper v. Griffin, CR 04-22 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed February 26, 2004. [HTML, WP5.1]

Curtis v. State, CR 03-296 (Per Curiam), affirmed February 26, 2004. [HTML, WP5.1]

Dennis v. Davis, 04-84 (Per Curiam), Pro Se Petition for Writ of Mandamus denied February 26, 2004. [HTML, WP5.1]

Jernigan v. State, CA CR 99-1409 (Per Curiam), Pro Se Motion for Reconsideration of Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis and for Writ of Habeas Corpus denied February 26, 2004. [HTML, WP5.1]

Lea v. State, CR 03-161 (Per Curiam), Motion for Appointment of Appellate Counsel moot; order affirmed February 26, 2004. [HTML, WP5.1]

West v. State, CR 03-987 (Per Curiam), Pro Se Motion for Access to Trial Transcript and for Extension of Time to File Brief granted in part and denied in part February 26, 2004. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR98-1394. Robert A. Robbins v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. Thornton, J., dissents. (11 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-765. June D. Scamardo v. Dr. Robert Jaggers; Sparks Regional Medical Center; and Steadfast Insurance Company, from Sebastian Circuit, Fort Smith District. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-915. Damarcus Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-615. Stanley K. Delancy v. State of Arkansas, from Chicot Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

03-57. Union Pacific Railroad Company v. Chris Barber and Claudette Barber, Allied Waste Industries, Inc., from St. Francis Circuit. Affirmed. Dickey, C.J., and Thornton, J., dissent. (43 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-318. Harold Rigsby v. Brett Rigsby, from Logan Circuit, Northern District. Affirmed. Corbin, Brown, and Thornton, JJ., concur in part and dissent in part. (9 PAGES + 3-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-161. Tony E. Lea v. State of Arkansas, from Pulaski Circuit, Second Division. Motion for Appointment of Appellate Counsel Moot. Order Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-296. Demetrius Antonio Curtis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (5 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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

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 is granted.

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 is granted.

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

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

02-749. Richard L. Hamilton v. Teddy D. Jones et al., from Crittenden Circuit. Motion for extension of time to settle record. Granted 20 days.

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

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 is granted.

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

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 is denied.

04-180. In Re: Thomas Glenn Aldridge, Arkansas Bar ID #90132, an Original Action. Petition for surrender of license is granted. See per curiam this date. (1 PAGE 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. State defendants' motion for extension of time to respond to appellants' attorneys' motion for award of additional costs and attorneys' fees and clarification regarding future duties and obligations of counsel for appellant-class is granted.

03-841. Omni Holding & Development Co. et al. v. 3D.S.A., Inc., from Crittenden Circuit. Appellants' motion to dismiss appeal is denied.

CACR99-1409. Dewayne Alan Jernigan a/k/a Dwayne Alan Jernigan v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for reconsideration of petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis and for writ of habeas corpus. Motion for reconsideration denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-160. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-987. Samuel J. West, Jr. v. State of Arkansas, from Saline Circuit. Pro se motion for access to trial transcript and for extension of time to file brief. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-22. Austin Cooper v. Honorable Joe Griffin, Judge, from Miller Circuit. Pro se motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-84. Robert L. Dennis v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition 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 tocertify 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. (Proceedings of February 19, 2004).

In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Amendment 80 Committee. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

On November 30, 2000, we established the Amendment 80 Committee to oversee the implementation of Amendment 80 to the State Constitution. See In re: Appointment of Special Supreme Court Committee to be known as "Amendment 80 Committee," 343 Ark. 877 (2000). Much has been accomplished to that end, but more remains to be done, especially with respect to district court issues. At this time, it is necessary to reconstitute the Committee.

We hereby appoint the Honorable Ted Capeheart, Circuit Judge of the Ninth Judicial Circuit-West, and David Saxon, District Judge of Sebastian County, Fort Smith Division, to the Amendment 80 Committee. Chief Justice Betty C. Dickey will assume the Chair of the Committee.

Judge Capeheart is the current president of the Arkansas Judicial Council, and he replaces his predecessor in that position, the Honorable Jim Gunter of Hope. Judge Saxon is the president-elect of the Arkansas District Judges Council, and he replaces Judge Stephen Routon of Forrest City, who is the past-president of the Council. We thank Judge Gunter and Judge Routon for their service and extend our appreciation to the new appointees for their willingness to serve on this important Committee.

The current composition of the Committee is as follows:

Chief Justice Betty C. Dickey, Chair
Judge Gary Arnold
Justice Robert L. Brown
Judge Ted Capeheart
Judge Robert J. Gladwin
Justice Jim Hannah
Ronald D. Harrison, Esq.
Justice Annabelle Clinton Imber
Jim L. Julian, Esq.
Judge Jerry Mazzanti
Judge Andree L. Roaf
Judge David Saxon
Judge David Stewart
Chief Judge John F. Stroud, Jr.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

03-429. Sherry D. Wilmans v. Sears, Roebuck and Co., from Pulaski Circuit, Third Division.

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PETITION FOR REVIEW:

CR04-126. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division.

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CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. Q. Byrum Hurst is ordered to appear and show cause today at 9:00 a.m.

CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief.

CR03-539. Billy E. Welch v. State of Arkansas, from Dallas Circuit. Appellant's motion to substitute certain documents and to supplement the record.

CR03-703. Garrick Ashley v. State of Arkansas, from Jefferson Circuit. Appellee's motion for compliance with Rule 4-3(h).

CR03-1234. Alvin Akins v. State of Arkansas, from Jefferson Circuit. Appellant's motion for extension of time to return writ.

CR03-1334. Robert Hampton v. State of Arkansas, from Ashley Circuit. Appellee's motion to file supplemental brief.

CR03-1379. Terry Kuelper v. State of Arkansas, from Benton Circuit. Motion for belated appeal.

CR03-1441. Adam Wesley Tate v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion to file supplemental brief.

CR03-1457. Tony Harper v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement the record.

CR03-1457. Tony Harper v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion to withdraw as counsel of record.

CR04-48. Robbin E. Ridling v. State of Arkansas, from Miller Circuit. Motion of Patrick Benca to be substituted as counsel.

CR04-179. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Motion for rule on clerk.

03-1459. Sharon Kay Edmondston v. The Estate of Oral W. Fountain, Deceased, from Izard Circuit. Appellee's motion to file supplemental brief.

SUBMISSIONS

CR03-170. Rebecca Woolbright and Carl Allen Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Argued orally.

CR01-871. Myron Kent George v. State of Arkansas, from Greene Circuit.

CR03-379. Jan Dawson Swint v. State of Arkansas, from Garland Circuit.

03-612. Chevron U.S.A., Inc. v. Murphy Exploration and Production Company et al., from Union Circuit.

03-740. State Farm Mutual Automobile Insurance Company v. Wilfer Henderson, from Columbia Circuit.

03-779. Bill's Printing, Inc. et al. v. George F. Carder III et ux., from Cleburne Circuit.