Benson v. State (Dickey, C.J.) CR03-1095
Criminal law — Rape conviction supported by sufficient evidence; trial court affirmed; prior convictions used for impeachment; trial court properly weighed probative value against possible prejudice. [HTML, WP5.1]

Gillaspie v. Ligon (Brown, J.) 03-994
Attorney & client — Three-month suspension & award of $50 in costs affirmed; formal admission of fault was already on file; it was unnecessary for appellant to assert "unavoidable circumstances" for failure to respond pursuant to Section 9(C)(4)(a) of Arkansas Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law Procedures; six-month suspension from practice & $2,500 fine reversed; Committee to mandate appellant's entry into Arkansas Lawyers Assistance Program for nine months. [HTML, WP5.1]

Keisler v. State (Per Curiam) CR04-354
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Valenzuela v. State (Per Curiam) CACR03-373
Appeal & error — Motion to dismiss appeal; motion held in abeyance & briefing time temporarily stayed. [HTML, WP5.1]

Woolbright v. State (Imber, J.) CR03-170
Criminal procedure — Dual juries prohibited & condemned until rule has been implemented to address considerations necessary for safeguarding defendants' rights; convictions of appellants A & B not reversed where no prejudice found on dual-juries issue; appellant B's conviction reversed & remanded for suppression of evidence where appellant B was not informed of right to refuse consent to entry & search of home. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bayless v. Beck, 04-69 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted April 22, 2004. [HTML, WP5.1]

Blount v. Harris, 04-104 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed April 22, 2004. [HTML, WP5.1]

McCoy v. Phillips, CR 04-349 (Per Curiam), Pro Se Petition for Writ of Mandamus; amended response requested April 22, 2004. [HTML, WP5.1]

Rector v. State, CR 04-159 (Per Curiam), Pro Se Motions for Appointment of Counsel and for Extension of Time to File Brief and Petition for Writ of Certiorari moot; appeal dismissed April 22, 2004. [HTML, WP5.1]

Robinson v. State, CR 03-1251 (Per Curiam), Pro Se Motion for Rule on Circuit Clerk denied April 22, 2004. [HTML, WP5.1]

Smith v. State, CR 04-72 (Per Curiam), Pro Se Joint Motion for Belated Appeal of Judgments of Conviction or for Writ of Prohibition or Writ of Habeas Corpus; motion for belated appeal and all other relief denied April 22, 2004. [HTML, WP5.1]

Williams v. State, CR 02-916 (Per Curiam), affirmed April 22, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR03-1095. Otha Lee Benson v. State of Arkansas, from Bradley Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-994. Don G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Committee on Professional Conduct, Panel B. Affirmed as Modified. Glaze and Imber, JJ., dissent. (7 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-170. Rebecca Woolbright and Carl Allen Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed in Part, Reversed and Remanded in Part. Dickey, C.J., and Glaze, J., dissent. Corbin, Thornton and Hannah, JJ., dissent. (20 PAGES + 3-PAGE DISSENT + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-916. Robert L. Williams v. State of Arkansas, from Ashley Circuit. Affirmed. Glaze, J., not participating. (6 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

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REVIEW GRANTED: Petition for review was granted today in the following case.

04-207. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Glaze, J., not participating.

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

 CR04-259. Kenneth K. McConnell v. State of Arkansas, from Washington Circuit. Glaze, J., not participating.

04-225. Lyle Swearengin v. Evergreen Lawns et al., from Workers' Compensation Commission. Glaze, J., not participating.

04-265. Hildred Hayes v. Carroll County Judge et al., from Workers' Compensation Commission. Glaze, J., not participating.

04-293. Maxine B. Hamilton et al. v. McCaughan Properties Limited Partnership, from Woodruff Circuit. Glaze, J., not participating.

04-305. Valerie Williams v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division. Glaze, J., not participating.

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CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Motion to dismiss appeal. Motion held in abeyance; briefing time temporarily stayed. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Appellant's motion to file answer late. Motion stayed until June 30, 2004.

CR03-491. Emmitt Jones v. State of Arkansas, from Chicot Circuit. Appellant's motion for extension of time to file brief. Granted 15 days; final extension.

CR04-354. Michael R. Keisler v. State of Arkansas, from Hot Spring Circuit. Motion for rule on clerk is granted. See per curiam this date. Glaze, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

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

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

04-329. Jose M. Lugo v. Mary E. Lugo, from Franklin Circuit, Northern District. Motion for rule on clerk is denied. Glaze, J., not participating.

04-329. Jose M. Lugo v. Mary E. Lugo, from Franklin Circuit, Northern District. Appellee's motion to dismiss appeal is granted. Glaze, J., not participating.

03-855. City of Rockport et al. v. City of Malvern et al., from Hot Spring Circuit. Motion to file amended petition for rehearing is granted.

CR03-1251. Steve Robinson v. State of Arkansas, from Chicot Circuit. Pro se motion for rule on circuit clerk. Motion denied. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-72. Lucille Smith and Brenda Spencer v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se joint motion for belated appeal of judgments of conviction or for writ of prohibition or writ of habeas corpus. Motion for belated appeal and all other relief denied. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-159. Alvin Rector v. State of Arkansas, from Washington Circuit. Pro se motions for appointment of counsel and for extension of time to file brief and petition for writ of certiorari. Appeal dismissed; motions and petition moot. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-349. Corinthian McCoy v. Honorable Grisham Phillips, Judge, from Saline Circuit. Pro se petition for writ of mandamus. Amended response requested. See per curiam this date. Glaze, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-69. Debra Bayless et al. v. Bruce Beck et al., from Jefferson Circuit. Pro se motion for extension of time to file brief. Motion granted. See per curiam this date. Glaze, J., not participating. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-104. Arthur Blount v. Grant Harris, Warden, from Jefferson Circuit. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. Glaze, J., not participating. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

 CR03-914. State of Arkansas v. Jaye Brown and Michael Williams, from Pope Circuit.

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PETITIONS FOR REVIEW:

 CR04-304. Jason J. Gulley v. State of Arkansas, from Clark Circuit.

CR04-326. James S. Scott v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR04-339. Jeffrey A. Swinford v. State of Arkansas, from Pulaski Circuit, Seventh Division.

04-269. Debra Nelson et al. v. Arkansas Department of Human Services, from Benton Circuit.

04-306. Kimberly Kerr v. Arkansas Department of Human Services, from Pulaski Circuit, Third Division.

04-335. Linda K. White v. Remington Arms Company et al., from Workers' Compensation Commission.

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CR98-1394. Robert A. Robbins v. State of Arkansas, from Craighead Circuit, Western District. Appellee's petition for rehearing on appellant's motion for clarification.

CR03-1418. Nixon Omar Gomez v. State of Arkansas, from Benton Circuit. Appellee's motion to dismiss appeal.

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Motion for stay of mandate.

03-293. Randall T. McArty v. Henry Morgan, Prosecuting Attorney, from Clark Circuit. Motion to withdraw as counsel and for substitution of counsel.

03-864. Nucor Corporation et al. v. Marty Kilman et al., from White Circuit. Appellants' motion for additional time for oral argument.

04-147. James C. Branscumb v. Clinton Freeman et al., from Jefferson Circuit. Motion to file belated reply brief.

04-343. Jason Holt et al. v. Honorable Phillip Thomas Whiteaker, Judge et al., from Lonoke Circuit. Motion for stay pending appeal.

SUBMISSIONS

03-747. Felton Oil Company, L.L.C. v. Horace Gee et ux., from Calhoun Circuit. Argued orally.

CR03-796. Robert Wyles v. State of Arkansas, from Pope Circuit.

CR03-1181. Abraham Grant v. State of Arkansas, from Phillips Circuit.

CR03-1358. Joe Parish v. State of Arkansas, from Cleburne Circuit.

03-1009. Robbie Jones v. Double "D" Properties, Inc. et al., from Sebastian Circuit, Fort Smith District.

03-1258. Dora Castaneda v. Progressive Classic Insurance Co., from Benton Circuit.