Coggin v. State (Corbin, J.) CR03-372
Criminal law — Circumstantial evidence of capital murder; consistent with conclusion that appellant acted with premeditation & deliberation; trial court did not err in denying appellant's motion for directed verdict; investigator's affidavit established probable cause that victim's vehicle would be found in storage unit; trial court did not err in denying motion to suppress. [HTML, WP5.1]

Durham v. Marberry (Imber, J.) 03-874
Damages — Loss-of-life damages constitute new element of damages; federal common law allows for recovery of loss-of-life damages; distinction between damages for "loss-of-life" and those for "loss of enjoyment of life" borne out by case law from other jurisdictions & legal scholarship; legislature presumed to have understood difference between two terms when it chose to allow for recovery of loss-of-life damages; injury is death when victim killed instantly; such injury is compensable by loss-of-life damages; trial court erred in granting partial summary judgment to appellees on loss-of-life damages claim; reversed & remanded. [HTML, WP5.1]

Mosby v. Office of Professional Conduct (Per Curiam) 04-241
Appeal & error — Perfecting appeal; counsel's duty; motion for rule on clerk denied. [HTML, WP5.1]

Omni Holding and Dev. Corp. v. 3D.S.A., Inc. (Brown, J.) 03-841
Contempt — Criminal & civil contempt distinguished; focus on character of relief; circuit court's order of delivery was clear; failure to turn over to sheriff assembled planes & equipment constituted contempt; ignoring order & refusing to deliver all of property was sufficient basis for contempt award; appellant had knowledge & notice of order of delivery; three challenged reports fell within public-records-&-reports exception to hearsay rule. [HTML, WP5.1]

State v. Brown (Brown, J.) CR03-914
Search & seizure — Warrantless entry into private home; consent must be unequivocal; Arkansas Supreme Court not bound by federal interpretation of Fourth Amendment when interpreting Arkansas law; privacy of citizens in homes at nighttime is right of vast importance; person's home as zone of privacy is sacrosanct right; King v. State, 262 Ark. 342, 557 S.W.2d 386 (1977), overruled regarding consent issue. [HTML, WP5.1]

Waddle v. State (Per Curiam) CR04-179
Appeal & error — Clerk of supreme court did not err in refusing to docket appeal where record not timely filed; counsel left with option of admitting fault; counsel failed to file timely record on appeal; motion for rule on clerk will be granted after fault admitted. [HTML, WP5.1]

Wal-Mart Stores, Inc. v. Regions Bank Trust Dep't (Hannah, J.) 03-876
Courts — Mandate directed to court, not party; trial court erred in reinstating jury verdict & judgment; case reversed & remanded by supreme court. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. Burnett, CR 04-68 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 25, 2004. [HTML, WP5.1]

Bellew v. Hudson, CR 04-252 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 25, 2004. [HTML, WP5.1]

Collier v. State, CR 02-780 (Per Curiam), appeal dismissed March 25, 2004. [HTML, WP5.1]

Dodson v. State, CR 02-1221 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted March 25, 2004. [HTML, WP5.1]

Jones v. State, CR 03-1417 (Per Curiam), Pro Se Motion to Dismiss Appeal moot; appeal dismissed March 25, 2004. [HTML, WP5.1]

McKenzie v. State, CR 03-775 (Per Curiam), Pro Se Motion to Appear at Hearing denied March 25, 2004. [HTML, WP5.1]

Munson v. Reynolds, CR 04-188 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 25, 2004. [HTML, WP5.1]

Nooner v. State, CR 94-358 (Per Curiam), Pro Se Motions to Lift Stay of Execution moot March 25, 2004. [HTML, WP5.1]

Wilson v. Burnett, 04-96 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 25, 2004. [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-372. Kirby Joe Coggin v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-914. State of Arkansas v. Jaye M. Brown and Michael C. Williams, from Pope Circuit. Affirmed. Dickey, C.J., Glaze and Imber, JJ., dissent. (16 PAGES + 11- PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-841. Omni Holding and Development Corporation and Tom Papachristou v. 3D.S.A., Inc., from Crittenden Circuit. Affirmed as Modified. (21 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-874. David Ashley Durham and Ruthie Mae Durham, Co-Administrators of The Estate of Amanda Lynn Durham, Deceased v. Harold Marberry and Advantage Mobile Homes, Inc., from Sharp Circuit. Reversed and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-876. Wal-Mart Stores, Inc. v. Regions Bank Trust Department and Linda Burkeen, from Garland Circuit. Reversed and Remanded. Glaze, J., concurs. Dickey, C.J., and Corbin, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-780. Broderick Collier v. State of Arkansas, from Pulaski Circuit, First Division. Appeal Dismissed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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

CR04-208. Marvin L. Thornton v. State of Arkansas, from Jefferson Circuit. Hannah, J., not participating.

04-168. Calvin D. Dooley v. Automated Conveyor Systems, Inc. et al., from Workers' Compensation Commission.

04-205. Anita Cassidy v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

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CR04-179. Irene Waddle v. State of Arkansas, from Scott Circuit. Motion for rule on the clerk is denied. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-830. Walter Randy Whitlow v. State of Arkansas, from Greene Circuit. Appellant's motion to transfer to Arkansas Supreme Court is granted.

CR03-1018. Laveris Darnell Townsend v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted; pro se motion for appointment of counsel is denied.

CR03-1041. Raymond Walters v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief is granted.

CR04-71. Tyree Devon Smith v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division. Petitioner's motion to supplement and correct the record is granted. Brown, J., not participating.

CR04-71. Tyree Devon Smith v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division. Motion to seal original record and petitioner's brief. Grant to partially seal. Brown, J., not participating.

03-1382. Mercury Marketing Technologies of Delaware, Inc. et al. v. State of Arkansas ex rel., from Pulaski Circuit, Second Division. Appellee's motion to complete the record is granted.

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Appellee's motion to file supplemental brief is granted. Hannah, J., not participating.

04-234. Lonnie M. Cavender v. St. Vincent Infirmary Medical Center et al., from Pulaski Circuit, Fifth Division. Appellees' motion to dismiss appeal is granted. Matter referred to Professional Conduct Committee.

04-234. Lonnie M. Cavender v. St. Vincent Infirmary Medical Center et al., from Pulaski Circuit, Fifth Division. Appellant's motion and addendum to motion for extension of time to respond to motion to dismiss appeal and to file motion for rule on clerk. Motions denied.

04-241. Lori A. Mosby v. Office of Professional Conduct, from the Arkansas Supreme Court Committee on Professional Conduct. Motion for rule on clerk is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR94-358. Terrick Nooner v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions to lift stay of execution. Motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-1221. Johnny Dodson v. State of Arkansas, from Monroe Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Pro se motion to appear at hearing. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-1417. John Raymond Jones v. State of Arkansas, from Howard Circuit. Pro se motion to dismiss appeal. Appeal dismissed; pro se motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-68. David Anderson v. Honorable David Burnett, Judge, from Greene Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-188. James Munson v. Honorable David L. Reynolds, Judge, from Faulkner Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-252. Larry D. Bellew v. Honorable James Hudson, Judge, from Miller Circuit. Prose petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-96. Larry Wilson v. Honorable David Burnett, Judge, from Greene Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit.

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

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

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

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PETITIONS FOR REVIEW:

 CR04-182. Allen Wayne Hudson v. State of Arkansas, from Carroll Circuit, Eastern District.

CR04-220. Mack Yancy, Jr. v. State of Arkansas, from Pulaski Circuit, First Division.

04-101. Theresa Barron v. Creative Foods et al., from Workers' Compensation Commission.

04-213. Victoria Moore v. L.C. Sipes et ux., from Jefferson Circuit.

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CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Motion for stay of mandate.

CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellee's motion to dismiss appeal.

CR03-690. Meredith Bennett v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit. Appellee's motion to file supplemental brief.

CR04-100. Timothy Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file belated brief.

CR04-100. Timothy Zachary v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellee's motion to file a supplemental brief.

CR04-235. Melvin Lawrence Rollins v. State of Arkansas, from Benton Circuit. Appellant's motion for reconsideration.

CR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Motion for rule on clerk.

03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission et al., from Pulaski Circuit, Seventh Division. Appellee's motion for court to take notice of recent decision.

03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission et al, from Pulaski Circuit, Seventh Division. Appellant's motion to correct the record.

CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Pro se motion for appointment of counsel.

03-1249. Bobby Jones v. Phillips County Election Commission et al., from Phillips Circuit. Appellee's motion to dismiss appeal or in the alternative motion for rule on the clerk.

03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Appellant's motion to accept nonconforming brief.

04-251. James E. Morehouse v. Lori Morehouse Lawson, from Craighead Circuit, Western District. Motion for rule on clerk.

04-261. Michael D. Ellis et al. v. Kelli S. Alford, from Benton Circuit. Appellant's motion to withdraw and dismiss appeal.

SUBMISSIONS

CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Argued orally.

CR03-63. Billy T. Sims, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR03-1460. Johnny W. Mann v. State of Arkansas, from Ashley Circuit.

03-596. Pamela Jefferson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division.

03-791. Richard Gore v. Heartland Community Bank, from Saline Circuit.

03-900. Junita Mack et al. v. Brazil, Adlong & Winningham, PLC, from Faulkner Circuit.