ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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Opinions delivered
May 13, 2004

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Generali-U.S. Branch v. Martinez (Per Curiam) 03-1210
Appeal & error Motion to dismiss appeal; moot. [HTML, WP5.1]

Jones v. Phillips County Election Comm'n (Per Curiam) 03-1249
Appeal & error Flagrantly deficient abstract; rebriefing ordered. [HTML, WP5.1]

Menzies v. Arkansas Dep't of Human Servs. (Per Curiam) CA03-1237
Appeal & error Pro se motion for appointment of counsel; remanded. [HTML, WP5.1]

Tate v. State (Glaze, J.) CR03-1441
Criminal law Accomplice testimony; conclusion reached by court of appeals based on wrong standard of proof; case relied upon by appellate court also in error; evidence remaining after exclusion of accomplice testimony independently established crime; motion for directed verdict properly denied; affidavit for nighttime search warrant sufficient; denial of suppression motion not error; trial court affirmed; two cases overruled. [HTML, WP5.1]

Waddle v. State (Per Curiam) CR04-179
Appeal & error Rule on clerk; good cause for granting. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTERS

In Re: McKay (Per Curiam) 04-478 [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bell v. State, CR 02-1071 (Per Curiam), affirmed May 13, 2004. [HTML, WP5.1]

Campbell v. Putman, CR 03-1298 (Per Curiam), Pro Se Second Motion for Reconsideration of Petition for Writ of Mandamus denied May 13, 2004. [HTML, WP5.1]

Clenney v. State, CR 03-647 (Per Curiam), rebriefing ordered May 13, 2004. [HTML, WP5.1]

Graves v. State, CR 04-146 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; appeal dismissed May 13, 2004. [HTML, WP5.1]

Heard, Ollis v. State, CR 93-1261 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense moot May 13, 2004. [HTML, WP5.1]

Heard, Ollis X. v. State, 04-357 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief moot; appeal dismissed May 13, 2004. [HTML, WP5.1]

Martin v. Sutterfield, CR 04-454 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 13, 2004. [HTML, WP5.1]

Milliken v. State, CR 03-962 (Per Curiam), Pro Se Motion to File a Belated Petition for Rehearing, or in the Alternative for Writ of Habeas Corpus dismissed May 13, 2004. [HTML, WP5.1]

Vanfossen v. State, CR 04-318 (Per Curiam), Pro Se Motions for Appointment of Counsel and Access to Record moot; appeal dismissed May 13, 2004. [HTML, WP5.1]


ORIGINAL SYLLABUS

TOM GLAZE, JUSTICE:

CR03-1441. Adam Tate v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed; Court of Appeals Reversed. Hannah, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR02-1071. Albert Bell v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. (11 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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)

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REVIEW DENIED: Petition for review was denied today in the following case.

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

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CR02-1362. Stacy Eugene Johnson v. State of Arkansas, from Sevier Circuit. Motion for stay of mandate. Granted 90 days.

CA03-1237. Willie Menzies v. Arkansas Department of Human Services, from Jefferson Circuit. Pro se motion for appointment of counsel. Remanded. See per curiam this date. Glaze and Imber, JJ., dissent. (1 PAGE + 1-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

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 is granted; DeNita Moak appointed as counsel.

CR04-179. Irene L. Waddle v. State of Arkansas, from Scott Circuit. Motion for rule on clerk. Motion granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

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

03-1210. Generali-U.S. Branch v. Hector Angel Martinez and Leticia Martinez, from Craighead Circuit, Western District. Motion to dismiss appeal. Motion moot. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

03-1249. Bobby Jones v. Phillips County Election Commission et al., from Phillips Circuit. Rebriefing ordered. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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 is denied.

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

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 is denied without prejudice.

04-478. In Re: Molly Darlene McKay, Arkansas Bar ID #93040, an Original Action. Petition for voluntary surrender of license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR93-1261. Ollis Heard v. State of Arkansas, from Miller Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR03-647. Douglas Mac Clenney, Jr. v. State of Arkansas, from Garland Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-962. Misty Kay Milliken v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se motion to file a belated petition for rehearing, or in the alternative for writ of habeas corpus. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1298. Roger Dale Campbell v. Honorable John Putman, Judge, from BooneCircuit. Pro se second motion for reconsideration of petition for writ of mandamus. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-146. Stephen Graves v. State of Arkansas, from Pulaski Circuit, First Division. Pro se motion for extension of time to file brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-318. Kelly Ann Vanfossen v. State of Arkansas, from Benton Circuit. Pro se motions for appointment of counsel and access to record. Motions moot; appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-454. John D. Martin v. Honorable Dennis Sutterfield, Judge, from Pope Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-357. Ollis X. Heard v. State of Arkansas, from Jackson Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

 CR03-249. State of Arkansas v. Debbie Hagan-Sherwin, from Pulaski Circuit, Fifth Division.

CR03-980. Ronald Dee O'Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division.

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 PETITIONS FOR REVIEW:

 CR04-312. Gloria Surae Kincannon v. State of Arkansas, from Pike Circuit.

CR04-410. Ricky Moore v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

04-416. Sandra Harman v. Kroger et al., from Workers' Compensation Commission.

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CR03-775. Kevin McKenzie v. State of Arkansas, from Crawford Circuit. Motion to dismiss contempt citation.

CR04-474. James Lawson v. State of Arkansas, from Union Circuit. Motion for rule on clerk.

03-596. Pamela Jefferson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion for attorney's fees.

04-267. Michael D. Lenser et al. v. Honorable Mary Spencer McGowan, Judge, from Pulaski Circuit, Ninth Division. Petitioners' motion for expedited consideration.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motion for extension of time to file response to complaint for alternative and permanent writs of superintending control, mandamus, or prohibition, and for establishment of uniform response deadline for certain respondents.

04-481. Roxanne Walls v. Arkansas Department of Human Services, from Independence Circuit. Petition for writ of certiorari to complete the record.

04-482. Mary Hickson v. Arkansas Department of Human Services, from Cleburne Circuit. Petition for writ of certiorari to complete the record.

04-489. Stephanie Spivey et al. v. Arkansas Department of Human Services, from Independence Circuit. Petition for writ of certiorari to complete the record.

SUBMISSIONS

03-878. Samuel A. Perroni v. State of Arkansas, from Pulaski Circuit, Sixth Division. Argued orally.

CR03-597. Gary Cloird v. State of Arkansas, from Jefferson Circuit.

CR03-1334. Robert Hampton v. State of Arkansas, from Ashley Circuit.

03-1137. J.F. Valley v. Honorable L.T. Simes, II, Judge, from Phillips Circuit.

03-1304. Robert E. Hill v. Carl Carter et al., from Crittenden Circuit.