Anderson v. State (Brown, J.) CR02-910
Criminal procedure — Voluntariness of statement; trial court did not err in ruling appellant's statements were not coerced despite length of interrogation; State was entitled to present evidence of where appellant obtained gun used in murder; introduction of burglary & another shooting during guilt phase was necessary for State to meet burden of proving premeditation & deliberate intent to kill; no abuse of discretion in denial of appellant's change-of-venue motion; no pattern of discrimination in Batson challenge; circuit court did not err in failing to declare mistrial where prosecutor's comment was not improper; appellant failed to submit evidence demonstrating retardation at time of offense; supreme court affirmed circuit court's & jury's decision of no diminished capacity; essential step not taken where no proof was offered that jury considered & examined mitigating evidence; death sentence reversed & matter remanded for resentencing where jury apparently eliminated from consideration all evidence of mitigating circumstances. [HTML, WP5.1]

Bill's Printing, Inc. v. Carder (Imber, J.) 03-779
Property — Cancellation & redemption deeds; Land Commissioner has authority to issue; appellant was entitled to presume Land Commissioner's actions were valid; circuit court erred in not finding appellant to be bona fide purchaser. [HTML, WP5.1]

Ford Motor Co. v. Arkansas Motor Veh. Comm'n (Corbin, J.) 03-496
Administrative law & procedure — Commission arbitrarily decided that way in which appellant analyzed market share was unfair to appellee; Commission's decision not supported by substantial evidence; Commission's belief that dealership should have been analyzed as multi-point dealer was irrelevant; Commission's decisions on criteria of capacity, character, and customer satisfaction were arbitrary & capricious; Commission repeatedly substituted its judgment for that of appellant; Commission's conclusions not supported by substantial evidence; decision that appellant violated Ark. Code Ann. § 23-112-403(a)(2)(I) reversed. [HTML, WP5.1]

Grant v. State (Dickey, C.J.) CR03-1181
Evidence — Statement made while witness believed death to be imminent; trial court's determination that statement was dying declaration not abuse of discretion. [HTML, WP5.1]

Hunt v. Perry (Brown, J.) 03-1014
Contempt — Civil contempt; appellant refused to comply with order that was clearly within circuit court's jurisdiction; appellant failed to demonstrate that circuit court's finding of contempt against him was in error; appellant in contempt for violating court's visitation order; circuit court's order not against preponderance of evidence; argument based on change in legal viability of grandparent-visitation statute previously rejected; circuit court's denial of appellant's petition to terminate grandparental visitation not clearly erroneous. [HTML, WP5.1]

Jones v. Double "D" Props., Inc. (Corbin, J.) 03-1009
Appeal & error — Illegal-exaction claim previously asserted and ruled on at trial; issue barred from reconsideration; previous ruling on husband's illegal-exaction claim law-of-the-case; trial court properly denied appellant permission to pursue such claim based on supreme court's mandate. [HTML, WP5.1]

Lake View School Dist. No. 25 v. Huckabee (Per Curiam) 01-836
Appeal & error — Masters' Report; order permitting briefs & requests for oral argument. [HTML, WP5.1]

Mann v. State (Corbin, J.) CR03-1460
Search & seizure — Warrantless entry; State failed to meet burden & trial court erred in concluding entry was reasonable; exigent circumstances were effectively created by strategy of police; Duchi test; officers could have reasonably foreseen that appellant would attempt to destroy evidence when aware of police presence; warrantless entry not justified; evidence suppressed & matter remanded. [HTML, WP5.1]

Parish v. State (Thornton, J.) CR03-1358
Evidence — Pedophile-exception cases; probativeness of evidence of prior crime; time-interval factor satisfied; acts found to be strikingly similar; intimate-relationship factor satisfied; evidence found independently relevant; refusal to sever not abuse of discretion; evidence about daughter's alleged sexual relationship with former stepfather not allowed; denial of admission affirmed. [HTML, WP5.1]

Standridge v. State (Glaze, J.) CR03-558
Criminal law — Rape-shield statute; victim's testimony fell within exclusion in Ark. Code Ann. § 16-42-101(b); no error in refusal to admit appellant's evidence; trial held within 350 days of arrest after excluding periods from speedy-trial calculation; judge's memorialization of delay & reasons therefor satisfied requirements of Ark. R. Crim. P. 28.3; charges of rape, carnal abuse, and incest all differed; no violation of double jeopardy found; confession found voluntary. [HTML, WP5.1]

Volunteer Transport, Inc. v. House (Dickey, C.J.) 03-1010
Judgment — Default judgment; trial court's assumption of jurisdiction affirmed; failure to attend to business is not excusable neglect; granting of default judgment affirmed; damages award based on appellee's self-serving testimony reversed & remanded; matter reversed & remanded for hearing on damages. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Banks v. State, CR 03-160 (Per Curiam), Pro Se Motion for Extension of Time to File Substituted Brief granted April 29, 2004. [HTML, WP5.1]

Brown v. State, CA CR 01-1284 (Per Curiam), Pro Se Motion for Copy of Transcript and Other Written Material at Public Expense denied April 29, 2004. [HTML, WP5.1]

McDonald v. Weaver, 04-109 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk to File Mandamus Petition Without Record dismissed April 29, 2004. [HTML, WP5.1]

Mutafis v. State, CR 04-245 (Per Curiam), Pro Se Petition for Writ of Certiorari and to Stay Briefing Schedule denied; Extension of Time to File Appellant's Brief granted April 29, 2004. HTML, WP5.1]

Tinkes v. State, CR 04-394 (Per Curiam), Pro Se Petitions for Writs of Certiorari and Mandamus dismissed April 29, 2004. [HTML, WP5.1]

Trotter v. State, CR 03-363 (Per Curiam), affirmed April 29, 2004. [HTML, WP5.1]

Whitfield v. Maples, 04-300 (Per Curiam), Pro Se Motion for Appointment of Counsel moot; appeal dismissed April 29, 2004. [HTML, WP5.1]

Wilson v. State, CR 03-1316 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Pro Se Motion for Duplication of Brief at Public Expense denied April 29, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR03-1181. Abraham Grant v. State of Arkansas, from Phillips Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

03-1010. Volunteer Transport, Inc. v. William House, from Miller Circuit. Affirmed in Part; Reversed and Remanded in Part. Glaze, J., concurs. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-558. David O. Standridge v. State of Arkansas, from Pope Circuit. Affirmed. (20 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR03-1460. Johnny W. Mann v. State of Arkansas, from Ashley Circuit. Circuit Court Reversed and Remanded; Court of Appeals Affirmed. Dickey, C.J., and Glaze, J., dissent. (16 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission and Crain Automotive Holdings, LLC, from Pulaski Circuit, Seventh Division. Reversed and Remanded. (23 PAGES PUBLISHED) [HTML, WP5.1]

03-1009. Robbie R. Jones v. Double "D" Properties, Inc., an Arkansas Corporation, and Charlie Daniels, Commissioner of State Lands, from Sebastian Circuit, Fort Smith District. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit. Affirmed in Part; Reversed and Remanded in Part. (43 PAGES PUBLISHED) [HTML, WP5.1]

03-1014. Greg Hunt v. Nancy Perry, from Yell Circuit, Northern District. Affirmed. Corbin and Thornton, JJ., concur. (16 PAGES + 12-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

03-779. Bill's Printing, Inc. and First Security Bank v. George F. Carder III, and Sharon L. Carder, from Cleburne Circuit. Reversed and Remanded. Thornton, J., concurs in judgment. Brown, J., dissents. (12 PAGES + 6-PAGE CONCURRENCE + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR03-1358. Joe Parish v. State of Arkansas, from Cleburne Circuit. Affirmed. (14 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-363. Robert Lee Trotter, Jr. v. State of Arkansas, from Howard Circuit. Affirmed. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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. Glaze and Imber, JJ., would grant.

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 is denied.

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

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Order permitting briefs and requests for oral argument. See per curiam this date. Special Justice Carol Dalby joins. Imber, J., not participating. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Motion for stay of mandate. Granted 90 days.

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

03-864. Nucor Corporation et al. v. Marty Kilman et al., from White Circuit. Appellants' motion for additional time for oral argument. Granted 30 minutes each side.

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

CACR01-1284. Charlie Brown, Jr. v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for copy of transcript and other written material at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-160. Willie Banks, Jr. v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for extension of time to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1316. Charles "Tubby" Wilson v. State of Arkansas, from Pope Circuit. Pro se motions for extension of time to file brief and for duplication of brief at public expense. Motion for extension of time granted; motion for duplication of brief at public expense denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-245. Kimberly Mutafis v. State of Arkansas, from Saline Circuit. Pro se petition for writ of certiorari and to stay briefing schedule. Petition for writ of certiorari and to stay briefing schedule denied; extension of time to file appellant's brief granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-394. Alvin Tinkes v. State of Arkansas, from Sevier Circuit. Pro se petitions for writs of certiorari and mandamus. Petitions dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-109. Bufford McDonald v. Honorable Timothy Weaver, Judge, from Izard Circuit. Pro se motion for reconsideration of motion for rule on clerk to file mandamus petition without record. Motion dismissed. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-300. Charles Whitfield v. J. Maples, Warden, from Jackson Circuit. Pro se motion for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit. (Appellant)

CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit. (Appellee)

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

CR03-372. Kirby Coggin v. State of Arkansas, from Craighead Circuit, Western District.

03-409. R.K. Enterprises et al. v. Pro-Comp Management, Inc. et al., from Washington Circuit.

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PETITIONS FOR REVIEW:

CR04-356. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR04-356. Eddie Ewings v. State of Arkansas, from Pulaski Circuit, Seventh Division. (Pro se)

04-277. William and Anne Abernathy v. Abdulazize Adous et al., from Crittenden Circuit.

04-291. Cincinnati Life Insurance Company and Aon Risk Services, Inc. v. Linda Mickles, from Pulaski Circuit, Second Division. (Appellant Cincinnati Life)

04-291. Cincinnati Life Insurance Company and Aon Risk Services, Inc. v. Linda Mickles, from Pulaski Circuit, Second Division. (Appellant Aon)

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CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit. Motion for stay of mandate.

CR04-408. Larry York v. State of Arkansas, from Van Buren Circuit. Motion for rule on clerk.

CR04-413. James E. Williams v. State of Arkansas, from Union Circuit. Motion for rule on clerk.

02-1328. Michael Anthony Price v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Committee on Professional Conduct. Motion to file enlarged appellee's brief, to stay briefing schedule, and for extension of time to file brief.

03-1115. C.D. Nolan v. Darryl Little, Director, Arkansas State Plant Board, from Pulaski Circuit, Third Division. Appellee's motion for substitution of counsel.

03-1466. Mary Rodriguez v. Arkansas Department of Human Services, from Faulkner Circuit. Motion to withdraw as counsel and extension of time to file brief.

04-11. James Lee Speights et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. Appellees' motion to supplement the record.

CA04-198. Charles Crosser et ux. v. James Henson, from Craighead Probate, Western District. Appellants' motion to transfer and expedite.

04-380. Greene County et al. v. Jerry Vincent, from Workers' Compensation Commission. Appellants' motion to stay petition for review.

SUBMISSIONS

03-805. Richard Weiss, Director, Arkansas Department of Finance and Administration et al. v. Mary R. Chavers, from Pulaski Circuit, Fourteenth Division. Argued orally.

CR02-1289. Steven Lance Pinder v. State of Arkansas, from Columbia Circuit.

CR03-866. Derrick Xavier Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR03-868. David Timothy Seibs v. State of Arkansas, from Pulaski Circuit, Second Division.

03-414. Arkansas Tobacco Control Board v. Barbara Sitton, from Pulaski Circuit, Second Division.