Arkansas Tobacco Control Bd. v. Sitton (Hannah, J.) 03-414
Administrative law & procedure — Challenge to validity of Unfair Cigarette Sales Act; terms "trade discount" and "rebate" unclear; UCSA unconstitutionally vague under due-process standards. [HTML, WP5.1]

Cambiano v. Arkansas State Bd. of Law Exmnrs. (Thornton, J.) 03-1341
Constitutional law — Ex post facto laws; concerns raised when criminal sanctions called into play; due-process violation not show; abstract desire to apply for readmittance to bar failed to meet State-deprivation requirement; disbarred attorney's five-year waiting period not excessive; not punitive & not subject to ex post facto challenge. [HTML, WP5.1]

Castaneda v. Progressive Classic Ins. Co. (Hannah, J.) 03-1258
Insurance — Exclusionary clause plain & unambiguous; exclusion made no distinction between different types of overage; statute in effect at time appellant signed named-driver exclusion did not required written rejection; argument without merit; grant of summary judgment in favor of appellee affirmed. [HTML, WP5.1]

McCoy v. Phillips (Per Curiam) CR04-349
Appeal & error — Petition for writ of mandamus; rendered moot by court's action on Rule 37.1 petition. [HTML, WP5.1]

Medical Park Hosp. v. BancorpSouth Bank of Hope (Imber, J.) 03-1199
Trusts — Spendthrift trusts; deceased beneficiary had no present enforceable interest in trust income for appellant to reach; appellant had no recognizable right in trust; trial court's denial of appellant's motion to intervene as matter of right affirmed. [HTML, WP5.1]

Peters v. State (Imber, J.) CR03-832
Criminal law — Polygraph test; jurors did not infer reluctance, & prosecution did not deliberately elicit polygraph reference or use to prove consciousness of innocence or of guilt; conclusion that appellant was reluctant to take polygraph was not warranted by mere mention that appellant had missed polygraph appointment; any error harmless in light of overwhelming evidence of guilt; motion for mistrial properly denied; convictions affirmed. [HTML, WP5.1]

Pinder v. State (Dickey, C.J.) CR02-1289
Criminal law — Rape conviction; rape by forcible compulsion; supported by substantial evidence. [HTML, WP5.1]

Seibs v. State (Thornton, J.) CR03-868
Criminal procedure — Appeal from guilty plea; first exception inapplicable; appellant did not file post-trial motion; second exception to general rule inapplicable; where appeal did not fall within either exception to general prohibition against appealing from guilty plea the appeal was dismissed. [HTML, WP5.1]

Shields v. State (Glaze, J.) CR03-866
Juveniles — Felony information not filed in juvenile court; appellant could not assert that father should have been present during questioning; trial court did not abuse discretion in allowing officer to testify concerning note discovered in appellant's bedroom. [HTML, WP5.1]

Whitlow v. State (Brown, J.) CR03-830
Constitutional law — Waiver of jury trial not absolute right; no prosecutorial vindictiveness found; appellant failed to show liberty interest arising from sentencing standards. [HTML, WP5.1]

Williams v. State (Per Curiam) CR04-413
Appeal & error — Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

APPENDIX

RULES ADOPTED OR AMENDED BY PER CURIAM ORDER

In Re: Rules for Minimum Continuing Legal Education (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. State, CR 03-512 (Per Curiam), affirmed May 6, 2004. [HTML, WP5.1]

Coffield v. State, CR 04-396 (Per Curiam), Pro Se Petition for Writ of Certiorari dismissed; Motion to Supplement Record moot May 6, 2004. [HTML, WP5.1]

Edmond v. Culpepper, CR 04-361 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 6, 2004. [HTML, WP5.1]

Kelley v. State, CR 04-233 (Per Curiam), Pro Se Motions for Extension of Time to File Brief; initial motion for extension of time granted; subsequent motion for time moot. Petition for Writ of Certiorari denied May 6, 2004. [HTML, WP5.1]

Latta v. State, CR 03-494 (Per Curiam), Pro Se Motion for Appointment of Counsel denied May 6, 2004. [HTML, WP5.1]

Woods v. State, CR 04-187 (Per Curiam), Pro Se Motion for Appointment of Counsel moot; appeal dismissed May 6, 2004. [HTML, WP5.1]

Wright v. State, CA CR 02-419 (Per Curiam), Pro Se Motion for Copy of Transcript at Public Expense denied May 6, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR02-1289. Steven Lance Pinder v. State of Arkansas, from Columbia Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-866. Derrick Xavier Shields v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR03-830. Walter Randy Whitlow v. State of Arkansas, from Greene Circuit. Affirmed. Thornton, J., concurs. (7 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-832. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Affirmed. Thornton and Hannah, JJ., dissent. (13 PAGES + 1-PAGE DISSENT + 9-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-1199. Medical Park Hospital v. BancorpSouth Bank of Hope, Arkansas, as Trustee of the W.L. King Testamentary Trust; Selwyn Whitehead; Lee Ann Munford; David Gray; Karen Estoll; Jimmy Gray; Phillip Gray; John Stephen Whitehead; Nancy King Fisher; W.L. King, Jr., from Lafayette Circuit. Affirmed. (17 PAGES PUBLISHED)\ [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR03-868. David Timothy Seibs v. State of Arkansas, from Pulaski Circuit, Second Division. Appeal Dismissed. (5 PAGES PUBLISHED) [HTML, WP5.1]

03-1341. Mark Steven Cambiano v. Arkansas State Board of Law Examiners, an Original Action. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-414. Arkansas Tobacco Control Board v. Barbara Sitton, from Pulaski Circuit, Second Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]

03-1258. Dora Castaneda v. Progressive Classic Ins. Co., from Benton Circuit. Affirmed. Imber, J., concurs. (9 PAGES + 3-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-512. James Ken Anderson v. State of Arkansas, from Miller Circuit. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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.

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

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

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

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

CR04-413. James E. Williams v. State of Arkansas, from Union Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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 is denied. Glaze, J., would grant 5 pages.

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 is granted.

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

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

04-380. Greene County et al. v. Jerry Vincent, from Workers' Compensation Commission. Appellants' motion to stay petition for review. Granted 30 days.

04-380. Greene County et al. v. Jerry Vincent, from Workers' Compensation Commission. Joint motion to remand is granted.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. State defendants' motion for extension of time to respond to motions for attorneys' fees filed by E. Dion Wilson and Don Trimble is granted. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of William B. Gabriel d/b/a Economy Relief Services to file amicus curiae brief is denied. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of Little Rock School District and Pulaski County School District to file brief is granted. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Governor Mike Huckabee's motion to file brief is granted. Imber, J., not participating.

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motion of Don Trimble to be relieved as counsel is granted. Imber, J., not participating.

CACR02-419. Edward Charles Wright v. State of Arkansas, from Pulaski Circuit, Seventh Division. Pro se motion for copy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-187. Demetrius L. Woods v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for appointment of counsel. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-233. Onis M. Kelley v. State of Arkansas, from Ashley Circuit. Pro se motions for extension of time to file brief and petition for writ of certiorari. Initial motion for extension of time granted; subsequent motion for time moot; petition for writ of certiorari denied. See per curiam this date. (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. Petition moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-361. Jerry L. Edmond v. Honorable Duncan Culpepper, Judge, from Hempstead Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-396. Michael L. Coffield v. State of Arkansas, from Pulaski Circuit, First Division. Pro se petition for writ of certiorari and motion to supplement record. Petition dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-494. Mark R. Latta v. State of Arkansas, from Garland Circuit. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules for Minimum Continuing Legal Education. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITION FOR REHEARING:

03-994. Don G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Committee on Professional Conduct.

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PETITION FOR REVIEW:

04-290. Clay D. King et ux. v. Sandra Powell, from Benton Circuit.

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CR04-179. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Motion for rule on clerk.

CR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk or belated appeal.

CR04-457. Antonio Norris Yancey v. Honorable Willard Proctor, Jr., Judge, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari.

03-277. Billy Mack Nichols, Jr. v. State of Arkansas, from Jefferson Circuit. Appellee's motion to file belated brief.

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc. et al., from Crawford Circuit. Appellees' motion to strike new arguments raised in appellant's reply brief.

03-1414. Heather Patrice Hogrobrooks v. Arkansas State Board of Law Examiners, an Original Action. Petitioner's motion for recusal of Court and for appointment of Special Judges.

04-286. State of Arkansas v. Desha County Circuit Court, from Desha Circuit, Arkansas City District. Appellant's motion to advance.

04-450. Calvary Christian School, Inc. et al. v. Honorable L.T. Simes, Judge, from St. Francis Circuit. Petition for temporary and permanent writs of prohibition.

SUBMISSIONS

03-864. Nucor Corporation et al. v. Marty Kilman et al., from White Circuit. Argued orally.

CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit.

CR03-1441. Adam Tate v. State of Arkansas, from Pulaski Circuit, First Division.

03-669. Carl S. Hurst et al. v. Willie B. Dixon, from Phillips Circuit.

03-798. Richard Mays et al. v. St. Pat's Properties, LLC et al., from Pulaski Circuit, Seventeenth Division.

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc. et al., from Crawford Circuit.