Barclay v. Waters (Dickey, C.J.) 03-369
Taxation — Illegal exactions; holding in Daniel reaffirmed; when ballot title states that specific funds will be spent in certain way, money must then be spent in that manner; same claims raised in Waters I are raised in present action; claims and issue barred; different taxable periods do not give rise to different causes of action. [HTML, WP5.1]

Cloird v. State (Imber, J.) CR03-597
Criminal procedure — Writ of error coram nobis; guidelines for granting; circuit court not clearly erroneous in finding DNA results were neither favorable nor detrimental to appellant's defense; no Brady violation; circuit court did not abuse discretion in denying appellant's petition for writ of error coram nobis. [HTML, WP5.1]

Doe v. Arkansas Dep't of Human Servs. (Glaze, J.) 03-1306
Injunction — Right result reached for wrong reason; trial court affirmed; holding in Kreutzer controlling; any loss could be recouped by favorable judgment and award of money damages; express purpose of Elder-Care Law clear; those criminal offenses that disqualify person or ElderChoices provider included offenses committed by appellees. [HTML, WP5.1]

Felton Oil Co., L.L.C. v. Gee (Brown, J.) 03-747
Damages — AMI 2222 appropriately modified; circuit court did not abuse discretion in giving instruction on disruption damages; circuit court did not err in instructing jury on restoration costs; circuit court did not err in denying State's summary-judgment motion; circuit court did not err in permitting issue of damage to appellees' groundwater to go to jury. [HTML, WP5.1]

Hampton v. State (Thornton, J.) CR03-1334
Evidence — Jury could have determined that appellant had child who was less than eighteen years of age; challenged testimony not hearsay; sufficient evidence existed for conviction; trial court properly denied appellant's motion for directed verdict; State's prosecution of offense was within three-year statute of limitations. [HTML, WP5.1]

Holt v. McCastlain (Imber, J.) 04-343
Evidence — Confidential communication; determination that report was not confidential & that privilege did not apply was clearly erroneous; accident reconstruction report was confidential communication & entitled to protection under Ark. R. Evid. 502; subpoena issued to employee quashed. [HTML, WP5.1]

Hurst v. Dixon (Imber, J.) 03-669
Insurance — Mississippi Insurance Guaranty Association Law (MIGA); circuit court did not err in refusing to grant appellants setoff under MIGA; failure to obtain ruling bars consideration of issue on appeal. [HTML, WP5.1]

JurisDictionUSA, Inc. v. Loislaw.com (Dickey, C.J.) 03-1154
Statutes — Retroactivity; strict rule of construction does not apply to remedial statutes; when statute is not unconstitutionally retrospective; Ark. R. Civ. P. 55 should be given retroactive effect because it is remedial in nature; default judgment reversed & remanded. [HTML, WP5.1]

Lawson v. State (Per Curiam) CR04-474
Motions — Rule on clerk; good reason for granting. [HTML, WP5.1]

Mays v. St. Pat Props. , LLC (Thornton, J.) 03-798
Taxation — Redemption of delinquent lands; Commissioner sent certified notice to appellant's last known address; trial court properly granted appellee's petition to quiet title; photocopy of return receipt was sufficient to establish that notice was mailed to last known address of record owner & was received by someone at that address; trial court properly admitted copy of certified mail receipt. [HTML, WP5.1]

Valley v. Phillips County Election Comm'n (Hannah, J.) 03-1137
Attorney & client — Disqualification proceeding; circuit court exercised judgment within discretion allowed in disqualification of attorneys; no abuse of discretion found. [HTML, WP5.1]

Walls v. Arkansas Dep't of Human Servs. (Per Curiam) 04-481
Certiorari, petition for — To complete record; granted. [HTML, WP5.1]

APPENDIX

APPOINTMENTS TO COMMITTEES

In Re: Supreme Court Committee on the Unauthorized Practice of Law (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Benavidez v. State, CR 04-98 (Per Curiam), Pro Se Petition for Writ of Certiorari and to Reset Briefing Schedule granted; writ issued May 20, 2004. [HTML, WP5.1]

Burnett v. State, CR 89-220 (Per Curiam), Pro Se Motion for Photocopy of Transcript at Public Expense denied May 20, 2004. [HTML, WP5.1]

Catlett v. State, CR 95-10 (Per Curiam), Pro Se Petition to Reinvest Jurisdiction in the Trial Court to Consider a Petition for Writ of Error Coram Nobis denied May 20, 2004. [HTML, WP5.1]

McArty v. Morgan, 03-293 (Per Curiam), reversed and remanded May 20, 2004. [HTML, WP5.1]

Parmley v. State, CR 04-462 (Per Curiam), Pro Se Motion for Rule on Clerk to File Belated Pro Se Petition for Review denied May 20, 2004. [HTML, WP5.1]

Walker v. State, CR 04-456 (Per Curiam), Motion for Rule on Clerk, or Alternatively, for Belated Appeal of Judgment treated as motion for rule on clerk and granted; order to show cause issued May 20, 2004. [HTML, WP5.1]

West v. State, CR 03-987 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted May 20, 2004. [HTML, WP5.1]

Williams v. State, CR 03-873 (Per Curiam), Pro Se Motion for Extension of Time to File Reply Brief granted May 20, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

03-369. Richard Barclay, Director, Department of Finance & Administration; Floyd G. Villines, Pulaski County Judge, City of Little Rock, City of North Little Rock, City of Jacksonville, City of Sherwood, City of Wrightsville, City of Cammack Village, City of Alexander, City of Maumelle v. Jamie D. Waters, Edward M. Bozovsky, Roy J. West, from Pulaski Circuit, Twelfth Division. Reversed on Direct Appeal; Dismissed on Cross-Appeal. Corbin, Imber, and Hannah, JJ., dissent. (9 PAGES + 10-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc., from Crawford Circuit. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-1306. Jane Doe and Jane Roe v. Arkansas Department of Human Services, Office of Long Term Care; Kurt Knickrehm, in His Official Capacity as Director of the Arkansas Department of Human Services; and Carol Shockley, in Her Official Capacity as Director of the Office of Long Term Care, from Pulaski Circuit, Second Division. Affirmed as Modified. Imber, J., concurs. Hannah, J., dissents. Thornton, J., not participating. (8 PAGES + 3-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-747. Felton Oil Company, L.L.C. and the State of Arkansas v. Horace and Louise Gee, from Calhoun Circuit. Affirmed. Dickey, C.J., and Thornton, J., dissent. (17 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-597. Gary Cloird v. State of Arkansas, from Jefferson Circuit. Affirmed. Dickey, C.J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

03-669. Carl S. Hurst, Individually and Carl S. Hurst, as an Employee and/or Agent of Miller Transporters, Inc. and Miller Transporters, Inc. v. Willie B. Dixon, from Phillips Circuit. Affirmed. Thornton, J., concurs. (8 PAGES + 2-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

04-343. Jason Holt and Jackson Reconstruction, Inc. v. Lona Horn McCastlain, in Her Official Capacity as Prosecuting Attorney of the 23^rd Judicial District, from Lonoke Circuit. Reversed. Brown, J., dissents. (16 PAGES + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-798. Richard Mays, Trustee, in His Official Capacity; and the Yedea Trust v. St. Pat Properties, LLC; and Charlie Daniels, State Land Commissioner, from Pulaski Circuit, Seventeenth Division. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1334. Robert Hampton v. State of Arkansas, from Ashley Circuit. Circuit Court Affirmed; Court of Appeals Reversed. Dickey, C.J., not participating. (12 PAGES PUBLISHED)\ [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-1137. James F. (J.F.) Valley v. Phillips County Election Commission, JoAnn Smith, Linda White, Jesse L. Smith, III and Honorable L.T. Simes, II, Judge, from Phillips Circuit. Affirmed. Dickey, C.J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

03-293. Randall Thomas McArty v. Henry Morgan, Prosecuting Attorney, from Clark Circuit. Reversed and Remanded. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-249. State of Arkansas v. Debbie Hagan-Sherwin, from Pulaski Circuit, Fifth Division. Glaze and Brown, JJ., would grant.

CR03-980. Ronald Dee O'Neal v. State of Arkansas, from Pulaski Circuit, Seventh Division. Brown, J., not participating.

03-994. Don G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Committee on Professional Conduct. Glaze and Imber, JJ., would grant.

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

CR04-312. Gloria Surae Kincannon v. State of Arkansas, from Pike Circuit. Hannah, J., not participating.

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

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc., from Crawford Circuit. Appellee's motion to strike new arguments raised in appellant's reply brief is denied. See opinion this date.

04-509. Republican Party of Garland County, Arkansas et al. v. Nancy Johnson, County Clerk of Garland County et al., from Garland Circuit. Appellants' motion for expedited appeal, stay of the circuit court's final order, and other relief. Motion for expedited appeal is granted; stay of circuit court order denied.

04-503. Carrie Walker v. Honorable Vickie Cook, Judge, from Garland Circuit. Petitioner's motion to expedite granted; petition for writ of certiorari to complete the record granted. (Proceedings of May 13, 2004)

04-503. Carrie Walker v. Honorable Vickie Cook, Judge, from Garland Circuit. Petition for writ of certiorari. Moot.

CR04-474. James Lawson 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]

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

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 is granted.

04-481. Roxanne Walls v. Arkansas Department of Human Services, from Independence Circuit. Petition for writ of certiorari to complete the record. Petition granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-489. Stephanie Spivey et al. v. Arkansas Department of Human Services, from Independence Circuit. Petition for writ of certiorari to complete the record. Granted 30 days.

CR02-916. Robert L. Williams v. State of Arkansas, from Ashley Circuit. Appellee's motion for extension of time to file response. Granted to May 24, 2004.

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 Chamber of Commerce and AIA's motion to file amici curiae brief is granted. Imber, J., not participating. (Proceedings of May 19, 2004)

03-1024. Randy Kennedy v. Pentzien, Inc., from Desha Circuit, Arkansas City District. Appellant's motion to dismiss appeal is granted. Oral argument cancelled. (Proceedings of May 18, 2004)

CR89-220. Robert Lee Burnett v. State of Arkansas, from Cross Circuit. Pro se motion for photocopy of transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR95-10. Michael Catlett v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-873. Glenn A. Williams v. State of Arkansas, from Fulton Circuit. Pro se motion for extension of time to file reply brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-987. Samuel J. West, Jr. v. State of Arkansas, from Saline Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-98. Roberto Benavidez v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se petition for writ of certiorari and to reset briefing schedule. Petition granted; writ issued. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit. Motion for rule on clerk, or alternatively, for belated appeal of judgment. Motion treated as motion for rule on clerk and granted; order to show cause issued. See per curiam this date. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-462. Philip Parmley a/k/a Phillip Parmley v. State of Arkansas, from Garland Circuit. Pro se motion for rule on clerk to file belated pro se petition for review. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

King Benson, Esq., of Paragould, First Congressional District,
is reappointed to the Supreme Court Committee on the Unauthorized
Practice of Law for a three-year term to expire on May 31, 2007. Ms.
Donna Osborne of Little Rock is reappointed to an At-Large Position
for a three-year term to expire on May 31, 2007. The Court thanks
Mr. Benson and Ms. Osborne for accepting reappointment to this
important Committee.

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR03-170. Rebecca Woolbright and Carl Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. (Woolbright)

CR03-170. Rebecca Woolbright and Carl Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. (State)

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

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PETITIONS FOR REVIEW:

04-451. Marlene Sheppard v. Robert Speir, from Washington Circuit.

04-455. Elizabeth Page v. Lamar Anderson, from Washington Circuit.

04-484. Cecil Payton v. Agents Mutual Insurance Company, from Crawford Circuit.

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CR02-811. Rickey Dale Newman v. State of Arkansas, from Crawford Circuit. Motion of amicus curiae to file motion to recall mandate and for writ of certiorari.

CR03-832. Daniel Nobice Peters v. State of Arkansas, from Lafayette Circuit. Motion to be relieved as counsel.

03-57. Union Pacific Railroad Company v. Chris Barber et ux., from St. Francis Circuit. Appellees' motion for an order directing Union Pacific to increase its supersedeas bond.

03-409. R.K. Enterprises et al. v. Pro-Comp Management, Inc. et al., from Washington Circuit. Appellants' motion for costs.

03-911. Thomas John Farrell v. Olivia Farrell, from Pulaski Circuit, Fourteenth Division. Cross-appellant's motion to file belated reply brief and extension of time to file reply brief.

04-207. Amanda Trout et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division. Appellee's motion to file supplemental brief.

04-338. Garry Kyzar v. City of West Memphis, Arkansas et al., from Crittenden Circuit. Appellant's motion for continuance and to supplement the record.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motion to dismiss complaint and/or quash summons by Bette Stamps, the Circuit Clerk of Washington County, Arkansas.

04-497. James Lee v. Arkansas Department of Human Services, from Hempstead Circuit. Motion for belated appeal.

04-517. NPC International, Inc. d/b/a Pizza Hut of West Helena v. Sylvia Hill et al., from Phillips Circuit. Appellees' motion to expedite petition for review.

SUBMISSIONS

01-836. Lake View School District No. 25 of Phillips County et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Argued orally.

CR03-1089. James Hathcock v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR03-1173. Carl Lowe v. State of Arkansas, from Desha Circuit, Arkansas City District.

CR03-1330. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit.