Gore v. Heartland Community Bank (Hannah, J.) 03-791
Civil procedure — No conflict between case law & Ark. R. App. P.--Civ. 6(e); trial court can correct record after it has been submitted to appellate court; trial court's decision to dismiss motion to intervene was not abuse of discretion; dismissal modified to be without prejudice. [HTML, WP5.1]

Hall v. Summit Contractors, Inc. (Glaze, J.) 03-709
Limitation of actions — Wrongful-death claim substantially based in Tennessee; one-year statute of limitations applied; claim was time-barred in Tennessee; legislature cannot expand statute of limitations to revive cause of action; Ark. Code Ann. § 16-56-202 was still in effect at time of accident & death; defendants had vested right to rely on that statute as defense. [HTML, WP5.1]

Jefferson v. Arkansas Dep't of Human Servs. (Thornton, J.) 03-596
Attorney & client — Parental-termination proceedings; no absolute due process right to counsel; state-conferred statutory right calls for appointment of counsel to indigent parents; trial court failed to provide legal counsel to appellant at adjudication hearing; fundamental fairness of proceedings leading up to termination of appellant's parental rights was not jeopardized thereby; trial court gave proper weight to child's wishes when considering appellee's petition to terminate appellant's parental rights; no error found; trial court's order supported by clear & convincing evidence. [HTML, WP5.1]

Medlin v. Weiss (Dickey, C.J.) 03-1043
Parent & child — Liberty right to rear child applies to both parents; neither state nor absent parent has right to intrude upon decisions made by fit parent. [HTML, WP5.1]

Northport Health Servs. Inc. v. Owens (Brown, J.) 03-678
Defamation — Qualified immunity; jury could have concluded that appellant acted in bad faith & waived qualified immunity; testimony constituted substantial evidence & supported jury finding of publication and damage to reputation; appellants failed to establish that compensatory damages awards were excessive or shocked conscience of court; substantial evidence existed that appellee was wrongfully terminated in retaliatory action. [HTML, WP5.1]

O'Neal v. State (Hannah, J.) CR03-980
Criminal law — Finding of guilt for capital murder supported by substantial evidence; evidence of injury to genital region relevant on several grounds; evidence relevant under intent & absence-of-mistake-or-accident exception to Ark. R. Evid. 404(b); evidence of motive found relevant; photographs objected to by appellant were relevant & admissible to show condition of body. [HTML, WP5.1]

Sparkman v. State (Per Curiam) CR04-268
Appeal & error — motion for rule on clerk not considered where partial record was timely filed; partial lodging of record authorized. [HTML, WP5.1]

State v. Hagan-Sherwin (Dickey, C.J.) CR03-249
Appeal & error — Appeal by State; argument on choice-of-evils instruction dismissed; argument concerning entrapment-by-estoppel instruction dismissed [HTML, WP5.1]

Weigel v. Farmers Ins. Co. (Corbin, J.) 03-643
Attorney & client — Disqualification; lawyer as witness; three-pronged test satisfied; trial court did not abuse in disqualifying attorney as appellant's counsel under Rule 3.7. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTERS

In Re: Whitfield (Per Curiam) 03-768 [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Briley v. State, CR 04-239 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied April 8, 2004. [HTML, WP5.1]

Farver v. Davis, CR 04-107 (Per Curiam), Pro Se Motion for Rule on Clerk to File Petition for Writ of Mandamus and Petition for Writ of Prohibition Without Record dismissed April 8, 2004. [HTML, WP5.1]

Lenz v. State, CR 03-1270 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Belated Appeal of Order and Motion for Appointment of Counsel denied April 8, 2004. [HTML, WP5.1]

Oliver v. State, CR 02-1235 (Per Curiam), affirmed April 8, 2004. [HTML, WP5.1]

Pinder v. State, CR 02-1289 (Per Curiam), Pro Se Motion for Reconsideration En Banc of Motion to Supplement Record on Appeal moot April 8, 2004. [HTML, WP5.1]

Weaver v. State, CR 02-737 (Per Curiam), Pro Se Joint Motion to File a Belated Petition for Rehearing, or in the Alternative, for Issuance of a Writ of Habeas Corpus denied April 8, 2004. [HTML, WP5.1]

Wright v. State, CR 03-121 (Per Curiam), affirmed April 8, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR03-249. State of Arkansas v. Debbie Hagan-Sherwin, from Pulaski Circuit, Fifth Division. Appeal Dismissed. Glaze and Brown, JJ., dissent. (10 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-1043. Bonnie Weiss Medlin v. Tim Weiss, from Polk Circuit. Affirmed in Part; Reversed and Remanded in Part. Imber and Hannah, JJ., concur. (6 PAGES + 6-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-709. Cleo Hall, as Personal Representative of the Estate of James A. Neasley, Deceased v. Summit Contractors, Inc., Henry Winberry, A.J. Winberry, Joe Parker, David Wall, Richard Carey, HRH Safety & Health Systems, Inc., and John Does 1-50, from Pulaski Circuit, Sixth Division. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

03-643. Lon Weigel v. Farmers Insurance Company, Inc., from Benton Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-678. Northport Health Services, Inc. and Kristy L. Unkel v. Diane Owens and Alisa Main, from Washington Circuit. Affirmed. Court of Appeals Affirmed as Modified. (18 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-596. Pamela Jefferson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Affirmed. (19 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-980. Ronald Dee O'Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division. Affirmed. Brown, J., not participating. (14 PAGES PUBLISHED) [HTML, WP5.1]

03-791. Richard Gore, Paul Robertson, PAR Home Investor Group, Inc., Kelsey Dedmon, and BDK Homes v. Heartland Community Bank, from Saline Circuit. Affirmed in Part; Reversed in Part. Glaze, J., concurs. (9 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-1235. Timothy Allen Oliver v. State of Arkansas, from Sevier Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-121. Almer Willis Wright v. State of Arkansas, from Hot Spring Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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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CR04-268. Robert Lee Sparkman v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-1394. Robert Robbins v. State of Arkansas, from Craighead Circuit, Western District. Motion for clarification concerning appellant's rights under Ark. R. Crim. P. 37.5. Granted. Appellant permitted to pursue post-conviction relief under Ark. R. Crim. P. 37.5.

CR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Appellant's motion for extension of time to return writ is granted. Corbin, J., would grant 30 days, see Bradley v. State, 323 Ark. 564 (1996).

CR04-126. Keith Allen Watson v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file supplemental brief is granted. Hannah, J., not participating.

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

CACR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit. Motion to certify to the Supreme Court is granted.

03-768. Stark Ligon, Executive Director, Committee on Professional Conduct v. Sam Whitfield, Jr., Arkansas Bar ID # 82056, an Original Action. Petition for disbarment is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-343. Jason Holt and Jackson Reconstruction, Inc. v. Honorable Phillip T. Whiteaker, Judge, et al., from Lonoke Circuit. Petitioners' motion for temporary stay is granted; expedited briefing schedule issued. Brown, J., would deny temporary stay. (Proceedings of April 1, 2004)

CR02-737. Terri Weaver and Corrina Joann Puckett v. State of Arkansas, from Hot Spring Circuit. Pro se joint motion to file a belated petition for rehearing, or in the alternative, for issuance of a writ of habeas corpus. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

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

CR03-1270. Michael D. Lenz v. State of Arkansas, from Faulkner Circuit. Pro se motion for reconsideration of motion for belated appeal of order and motion for appointment of counsel. Motion for reconsideration denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-107. Walter B. Farver v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se motion for rule on clerk to file petition for writ of mandamus and petition for writ of prohibition without record. Motion for rule on clerk dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-239. 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 REVIEW:

CR04-196. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit.

04-210. Pearline Williams v. L & W Janitorial, Inc. et al., from Workers' Compensation Commission.

04-263. Arkansas Oklahoma Gas Corporation v. City of Van Buren, Arkansas, from Crawford Circuit.

04-292. Systems Contracting Corporation v. Delbert Reeves, from Workers' Compensation Commission.

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CR03-675. Vera Arnold v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to expedite; petition for writ of error coram nobis; petition for writ of habeas corpus; and/or immediate reversal of convictions.

CR03-1257. State of Arkansas v. Ricky Dale Newman, from Crawford Circuit. Second petition to lodge record and affirm.

CR04-302. John William Davidson v. State of Arkansas, from Nevada Circuit. Appellant's motion to dismiss appeal.

CR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Motion for belated appeal.

CR04-340. Billy Ray Davis v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.

CR04-350. Francisco Bartes Palma v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record.

04-323. Terry Foreman and Carl Foreman v. Arkansas Department of Human Services, from Sebastian Circuit, Fort Smith District. Motion to proceed in forma pauperis to file belated petition for review.

SUBMISSIONS

03-755. Manila School District No. 15 et al. v. Charolette Wagner et al., from Mississippi Circuit, Chickasawba District. Argued orally.

CR03-905. Jeffrey Scott Ratchford v. State of Arkansas, from Benton Circuit.

CR03-1095. Otha Lee Benson v. State of Arkansas, from Bradley Circuit.

03-1014. Greg Hunt v. Nancy Perry, from Yell Circuit, Northern District.

03-1130. Bobby D. Perry v. Baptist Health, from Pulaski Circuit, Third Division.