Opinion delivered
March 29, 2004

Manila Sch. Dist. No. 15 v. Wagner (Per Curiam) 03-755
Appeal & error — Intervenors election not to file brief did not comply with previous order; intervenors ordered to file brief. [HTML, WP5.1]

Opinions delivered
April 1, 2004

Hanlin v. State (Brown, J.) CR03-344
Evidence — Rape victim identified appellant as rapist; evidence sufficient to support conviction; trial court abused its discretion in allowing prosecutor to inquire into statement received by detective relating to Alabama child's rape; supreme court declined to raise pedophile exception sua sponte; court had no proof establishing that rape of child occurred in Alabama. [HTML, WP5.1]

Johnson v. State (Imber, J.) CR02-1362
Attorney & client — Ineffective-assistance claim; matters of trial tactics & strategy are not grounds for postconviction relief; theory regarding failure to request DNA testing of caucasian hairs too speculative for attorney to be deficient for not having pursued it; matter reversed & remanded for testing of negroid hairs; decision not to use information that would have emphasized appellant had been in jail was trial strategy; refusal to grant leave to supplement Rule 37 petition affirmed where argument concerning victim-impact evidence was without merit. [HTML, WP5.1]

R.K. Enters., LLC v. Pro-Comp Mngmnt., Inc. (Thornton, J.) 03-409
Business & commercial law — Trade Secrets Act; statutory language of Act displaces or preempts award of damages based upon tort claims for conversion of trade secrets; displacement provision of Act clear; trial court committed reversible error in its award of damages for tortious conversion & conspiracy; computation of damages used at trial did not address measure of lost profits suffered by appellee or gain realized by appellants; case reversed & remanded for determination of damages under statutory provisions of Trade Secrets Act. [HTML, WP5.1]

Sims v. State (Glaze, J.) CR03-063
Criminal procedure — Traffic stop; continued detention of appellant after legitimate purpose of traffic stop had ended was violation of Ark. R. Crim. P. 3.1; trial court erred in denying appellant's motion to suppress. [HTML, WP5.1]

Thompson v. Bank of Am. (Hannah, J.) 03-1016
Garnishment — October writ of garnishment reached all of appellant's property in hands of appellee on that date; sum of $27, 750, which appellee owed to appellant on October 4, 2002, was subject to garnishment; monthly annuity payments not subject to garnishment until right to payment accrues each month; garnishment of flow of monthly payments reversed. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Arkansas Supreme Court Rule 4-3(i) (Per Curiam) 04-270 [HTML, WP5.1]

Opinion delivered
April 2, 2004

Lake View School District No. 25 v. Huckabee (Per Curiam) 01-836
Special masters — Masters' report; order permitting written objections. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Benavidez v. State, CR 04-98 (Per Curiam), Pro Se Motion for Access to Record, for Extension of Time to File Brief, and for Appointment of Counsel granted in part and denied in part April 1, 2004. [HTML, WP5.1]

Briley v. State, CR 04-197 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied April 1, 2004. [HTML, WP5.1]

Crain v. State, CR 03-734 (Per Curiam), Pro Se Motion to Expedite Appeal denied April 1, 2004. [HTML, WP5.1]

Gentry v. State, CA CR 86-70 (Per Curiam), Pro Se Petition to Proceed in Trial Court Pursuant to Criminal Procedure Rule 37.1 denied April 1, 2004. [HTML, WP5.1]

Lockhart v. State, CR 04-75 (Per Curiam), Pro Se Motions for Appointment of Counsel, for Extension of Time to File Brief, to Amend Brief, and for Discovery appeal dismissed; motions moot April 1, 2004. [HTML, WP5.1]

Mauldin v. State, CR 04-162 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment of Conviction remanded April 1, 2004. [HTML, WP5.1]

State v. Newman, CR 03-1257 (Per Curiam), Pro Se Motion to Waive Further Appeals denied April 1, 2004. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-63. Billy T. Sims, Jr. v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Reversed. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-344. Paul E. Hanlin v. State of Arkansas, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Dickey, C.J., and Corbin and Hannah, JJ., dissent. (15 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR02-1362. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Affirmed in Part, Reversed and Remanded in Part. Special Justice Barbara Webb joins. Corbin, J., not participating. (33 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-409. R.K. Enterprise, LLC d/b/a Nationwide Nurses, a Nevada Limited Liability Company, Katherine Hefley, Mary Burks, Traca Lane, and Raymond Hefley v. Pro-Comp Management, Inc., d/b/a The Right Solutions, an Arkansas Corporation, The DLJ Wright Industries, Inc., d/b/a The Right Solutions, an Oklahoma Corporation, and Amedistaff, LLC, d/b/a The Right Solutions, a Delaware Limited Liability Company, from Washington Circuit. Reversed and Remanded. (12 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-1016. Lyle B. Thompson v. Bank of America and Jefferson Pilot Insurance Company, from Pulaski Circuit, Thirteenth Division. Affirmed in Part; Reversed in Part. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Corbin, J., not participating.

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

02-1387. Jerry Carlew v. Evie Wright, from White Circuit. Dickey, C.J., and Hannah, J., not participating.

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

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

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. Hannah, J., not participating.

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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04-270. In Re: Arkansas Supreme Court Rule 4-3(i), an Original Action. Petition to amend Arkansas Supreme Court Rule 4-3(i) is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-213. Kenneth R. Isom v. State of Arkansas, from Drew Circuit. Motion for stay of mandate. Granted 90 days. Corbin, J., not participating.

CR03-690. Meredith Bennett v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal. Treated as a petition for writ of certiorari and appellee granted 30 day brief extension.

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit. Appellee's motion to file supplemental brief is granted. Hannah, J., not participating.

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

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

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

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. Noted.

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

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 is denied.

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

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

03-1157. Irma Amaya v. Jerol Amaya, from Pulaski Circuit, Thirteenth Division. Appeal dismissed.

03-755. Manila School District No. 15 v. Charolette Wagner et al., from Mississippi Circuit, Chickasawba District. Briefing ordered and oral argument set. See per curiam. (Proceedings of March 29, 2004) (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR86-70. Vincent Michael Gentry v. State of Arkansas, from Saline Circuit. Pro se petition to proceed in trial court pursuant to criminal procedure Rule 37.1. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-734. Billy Reece Crain v. State of Arkansas, from Grant Circuit. Pro se motion to expedite appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1257. State of Arkansas v. Ricky Dale Newman, from Crawford Circuit. Pro se motion to waive further appeals. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-75. Edward Lockhart v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motions for appointment of counsel, for extension of time to file brief, to amend brief, and for discovery. Appeal dismissed; motions moot. See per curiam this date. (2PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-98. Roberto Benavidez v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for access to record, for extension of time to file brief, and for appointment of counsel. Motion granted in part and denied in part. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-162. James Ricky Mauldin v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal of judgment of conviction. Remanded. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-197. John Briley v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit.

03-766. Jamie Anne Rhuland et al. v. Michael Fahr, M.D. et al., from Faulkner Circuit.

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04-343. Jason Holt and Jackson Reconstruction Inc. v. Honorable Phillip Thomas Whiteaker, Judge, from Lonoke Circuit. Motion for temporary stay and expedited consideration. Argued orally.

CR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Appellant's motion for extension of time to return writ.

CR04-126. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file supplemental brief.

04-301. Gary E. Wall v. Leann A. Wall, from Van Buren Circuit. Pro se petition for writ of certiorari.

SUBMISSIONS

03-369. Richard Barclay, Director, Arkansas Department of Finance and Administration et al. v. Jamie D. Waters et al., from Pulaski Circuit, Twelfth Division. Argued orally.

CR03-832. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit.

CR03-980. Ronald Dee O'Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR03-1129. Jonah Vaughn Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

03-709. Cleo Hall v. Summit Contractors, Inc. et al., from Pulaski Circuit, Sixth Division.

03-936. Benney Gonzales et al. v. City of Dewitt et al., from Arkansas Circuit, Southern District.