Gonzales v. City of DeWitt (Corbin, J.) 03-936
Retirement & pensions — Arkansas Local Police & Fire Retirement System; trial court erred in failing to address issue of whether adopted retirement plan violated Ark. Code Ann. § 24-10-302; trial court erred in finding no statutory remedy existed. [HTML, WP5.1]

Hogrobrooks v. Board of Law Exmnrs. (Per Curiam) 03-1414
Appeal & error — Motion for rule on clerk denied. [HTML, WP5.1]

Mack v. Brazil, Adlong, & Winningham, PLC (Dickey, C.J.) 03-900
Attorney & client — Attorney's lien statute; substantial compliance on part of appellee law firm. [HTML, WP5.1]

Manila Sch. Dist. No. 15 v. Wagner (Corbin, J.) 03-755
Appeal & error — Appeal from trial court's denial of appellant's motion to recuse; supreme court without jurisdiction to hear issue; appropriate remedy for refusal to recuse is to challenge trial court's denial of its motion on appeal; issue of trial judge's alleged bias was not properly before supreme court; motion for removal denied. [HTML, WP5.1]

Ratchford v. State (Hannah, J.) CR03-905
Attorney & client — Ineffective-assistance claim; appellant failed to demonstrate that court's requirement as to ineffective assistance claim unduly prolonged his time in prison for defective conviction; no exception to rule was warranted; argument that appellant was deprived of appellate scrutiny of his ineffective-assistance claim unless trial counsel "raised ineffectiveness on himself" was without merit; order modified to reflect correct number of counts on which appellant was convicted. [HTML, WP5.1]

Simmons v. State (Per Curiam) CR04-313
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

State v. Newman (Per Curiam) CR03-1257
Appeal & error — Petition to lodge record & affirm; petition granted. [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

In Re: Arkansas Access to Justice Commission (Per Curiam) [HTML, WP5.1]

In Re: Supreme Court Committee on Civil Practice (Per Curiam) [HTML, WP5.1]

CEREMONIAL OBSERVANCES

In Re: Watkins (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Blackwell v. State, CR 98-456 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in Circuit Court to Proceed with a Petition for Writ of Error Coram Nobis denied April 15, 2004. [HTML, WP5.1]

Franklin v. Maggio, 04-330 (Per Curiam), Pro Se Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed April 15, 2004. [HTML, WP5.1]

Juarez-Reyes v. State, CR 03-1339 (Per Curiam), Pro Se Appellant's Motion for Reconsideration of Appellee's Motion to Dismiss Appeal denied April 15, 2004. [HTML, WP5.1]

Moore v. State, CR 02-983 (Per Curiam), affirmed April 15, 2004. [HTML, WP5.1]

Pickens v. State, CR 03-695 (Per Curiam), Pro Se Motion for Extension of Time to Submit Additional Copies of Reply Brief granted; final extension April 15, 2004. [HTML, WP5.1]

Stanton v. State, CR 02-783 (Per Curiam), affirmed April 15, 2004. [HTML, WP5.1]

Wilson v. State, CR 03-1169 (Per Curiam), Pro Se Motions for Appointment of Counsel denied April 15, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

03-900. Junita Mack and Fred Goss v. Brazil, Adlong, & Winningham, PLC, from Faulkner Circuit. Affirmed. Corbin, J., concurs. (8 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

03-755. Manila School District No. 15 v. Charolette Wagner, Jimmy White, Harold Lee Evans, E.A. Shaneyfelt, from Mississippi Circuit, Chickasawba District. Petition to Dissolve Ex Parte Injunction Moot; Petition to Remove Trial Judge Denied. (8 PAGES PUBLISHED) [HTML, WP5.1]

03-936. Benny Gonzales et al. v. City of DeWitt, from Arkansas Circuit, Southern District. Reversed and Remanded. Glaze, J., would reverse the trial court with directions to enter judgment. (8 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-905. Jeffrey Scott Ratchford v. State of Arkansas, from Benton Circuit. Affirmed as Modified. (8 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR02-783. James Alan Stanton v. State of Arkansas, from Cleveland Circuit. Affirmed. Glaze, J., not participating. (17 PAGES UNPUBLISHED) [HTML, WP5.1]

CR02-983. Willie Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR04-196. Jason Ray Kelley v. State of Arkansas, from Ashley Circuit. Dickey, C.J., and Glaze, J., would grant.

 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, fromCrawford Circuit. Thornton, J., not participating.

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

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03-1414. Heather Patrice Hogrobrooks v. Board of Law Examiners, an Original Action. Motion for rule on clerk. Denied, with directions. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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. Motion to expedite is denied; petition for writ of error coram nobis and for writ of habeas corpus passed until case submitted.

CR03-1257. State of Arkansas v. Ricky Dale Newman, from Crawford Circuit. Petition to lodge record and affirm. Petition granted. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

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

CR04-313. Donald Simmons v. State of Arkansas, from Clark Circuit. Motion for belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-340. Billy Ray Davis v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal. Remanded. See Rutledge v. State, CR03-1280, 355 Ark. , (Dec. 18, 2003).

CR04-350. Francisco Bartes Palma v. State of Arkansas, from Benton Circuit. Petition for writ of certiorari to complete the record. Granted 60 days.

03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission et al., from Pulaski Circuit, Seventh Division. Appellant's motion to file amended and substituted abstract and brief is granted.

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 is denied. Appellants' motion to file amicus brief, petition for writ of certiorari and appellee's motion for sanctions are denied. Clerk instructed to not accept further pleadings in this case.

CR98-456. Robert Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition to reinvest jurisdiction in circuit court to proceed with a petition for writ of error coram nobis. Petition denied. See per curiam this date. Glaze, J., not participating. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-695. Michael Glenn Pickens v. State of Arkansas, from Hot Spring Circuit. Pro se motion for extension of time to submit additional copies of reply brief. Motion granted; final extension. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1169. Demarco Wilson and Kendric Gillum v. State of Arkansas, from Crittenden Circuit. Pro se motions for appointment of counsel. Motions denied. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1339. Mario Juarez-Reyes v. State of Arkansas, from Washington Circuit. Pro se appellant's motion for reconsideration of appellee's motion to dismiss appeal. Motion denied. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-330. Joseph Franklin v. Honorable Michael Maggio, Judge, from Van Buren Circuit. Pro se motion for rule on clerk to file mandamus petition without record. Motion for rule on clerk dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

In Re: Retirement of John J. Watkins from the Committee on Civil Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Supreme Court expresses its heartfelt gratitude to John J. Watkins, William H. Enfield Professor of Law at the University of Arkansas, Fayetteville, on the occasion of his retirement from the Supreme Court Committee on Civil Practice.

For almost nineteen years, Professor Watkins has ably served this vital committee as Reporter. He has performed his duties with a scholar's perspective and a professional's pride.

The Court is indebted to Professor Watkins and wishes him well in all his future endeavors.

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In Re: Supreme Court Committee on Civil Practice. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

D.P. Marshall Jr., of Jonesboro, is appointed Reporter to the Supreme Court Committee on Civil Practice to fill the position held by Professor John J. Watkins of Fayetteville, who retired effective December 31, 2003. See In Re: Retirement of John J. Watkins from the Committee on Civil Practice, issued on this date. The Court thanks Mr. Marshall for accepting appointment to the Reporter's post on this most important committee.

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In Re: Arkansas Access to Justice Commission. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

On December 18, 2003, we adopted a proposal of the Arkansas Bar Association to establish the Arkansas Access to Justice Commission. See In re: Arkansas Bar Association - Petition for Creation of the Arkansas Access to Justice Commission, __ Ark. __ (2003). The Commission is to consist of fifteen voting members, five of whom are to be appointed by the Supreme Court.

We hereby appoint the following persons to serve in the designated positions as specified in the appointment guidelines:

(1) one justice of the Arkansas Supreme Court: Chief Justice Betty C. Dickey;

(2) two circuit judges, one from a circuit with a total population of more than 100,000 and one from a circuit with a total population of less than 100,000: Judge Jim Spears and Judge Craig Hannah;

(3) one full-time district court judge: Judge Waymond Brown;

(4) one representative from the faculty of the University of Arkansas or University of Arkansas at Little Rock Schools of Law: Dean Charles W. Goldner, Jr.

We extend our appreciation to the new appointees for their willingness to serve on this important Commission.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

 03-855. City of Rockport et al. v. City of Malvern et al., from Hot Spring Circuit.

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PETITIONS FOR REVIEW:

 CR04-259. Kenneth K. McConnell v. State of Arkansas, from Washington Circuit.

04-207. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.

04-225. Lyle Swearengin v. Evergreen Lawns et al., from Workers' Compensation Commission.

04-265. Hildred Hayes v. Carroll County Judge et al., from Workers' Compensation Commission.

04-293. Maxine B. Hamilton et al. v. McCaughan Properties Limited Partnership, from Woodruff Circuit.

04-305. Valerie Williams v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

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CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Appellant's motion for extension of time to file brief.

CR04-354. Michael R. Keisler v. State of Arkansas, from Hot Spring Circuit. Motion for rule on clerk.

04-234. Lonnie M. Cavender v. St. Vincent Infirmary Medical Center et al., from Pulaski Circuit, Fifth Division. Motion and amended motion for reconsideration.

04-234. Lonnie M. Cavender v. St. Vincent Infirmary Medical Center et al., from Pulaski Circuit, Fifth Division. Motion for rule on the court.

04-329. Jose M. Lugo v. Mary E. Lugo, from Franklin Circuit, Northern District. Motion for rule on clerk.

04-329. Jose M. Lugo v. Mary E. Lugo, from Franklin Circuit, Northern District. Appellee's motion to dismiss appeal and response to motion for rule on clerk.

SUBMISSIONS

03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission et al., from Pulaski Circuit, Seventh Division. Argued orally.

CR03-558. David O. Standridge v. State of Arkansas, from Pope Circuit.

CR03-830. Walter Randy Whitlow v. State of Arkansas, from Greene Circuit.

03-1010. Volunteer Transport, Inc. v. William House, from Miller Circuit.

03-1199. Medical Park Hospital v. BancorpSouth Bank of Hope, Arkansas et al., from Lafayette Circuit.

03-1341. Mark Steven Cambiano v. State Board of Law Examiners, an Original Action.