Baird v. State (Glaze, J.) CR03-1330
Search & seizure — Warrantless searches; consent obtained from appellant's father could not have been "fruit of poisonous tree"; police chief had reasonable cause to believe someone else might have been injured inside garage; trial court did not err in denying motion to suppress where appellant's statements were not "fruit of poisonous tree." [HTML, WP5.1]

Green v. City of Jacksonville (Brown, J.) 03-563
Municipal corporations — Inferior Court Rule 9 applies to city council & planning commission resolutions; Ark. Code Ann. § 14-56-425 applies to appeals of city-council actions regarding city's application of zoning regulations; summary judgment for lack of subject-matter jurisdiction upheld where appellant failed to appeal city council's action. [HTML, WP5.1]

Hathcock v. State (Hannah, J.) CR03-1089
Criminal law — Rape-shield statute; trial court conducted appropriate balancing test & concluded that prejudicial nature of evidence outweighed its probative value; no abuse of discretion found in exclusion of victim's prior sexual conduct; no abuse of discretion in trial court's exclusion of testimony concerning "slow dancing" incidents that occurred outside family group; motion for continuance properly denied. [HTML, WP5.1]

Hickson v. Arkansas Dep't of Human Servs. (Per Curiam) 04-482
Appeal & error — Partial record lodged after order of extension expired; appeal dismissed. [HTML, WP5.1]

Jones v. State (Thornton, J.) CR03-1129
Criminal law — Controlled substances; constructive-possession conviction supported by sufficient evidence; motion for directed verdict properly denied; appellant possessed 883.9 milligrams of methamphetamine compound; motion for directed verdict properly denied; AMCI 2d 9202 does not accurately reflect law in effect after 1993; trial court erroneously instructed jury under AMCI 2d 9202 and case was remanded for resentencing in penalty phase. [HTML, WP5.1]

Lowe v. State (Dickey, C.J.) CR03-1173
Evidence — Manager's hands were taped behind her back during robbery; kidnapping conviction supported by substantial evidence; conviction for felon-in-possession of firearm supported by substantial evidence; conviction affirmed. [HTML, WP5.1]

Wyles v. State (Imber, J.) CR03-796
Jury — Instructions; circuit court erred by refusing appellant's proffered instruction on lesser-includedoffense of second-degree murder; reversible error to refuse manslaughter instruction where rational basis exists; sufficient evidence to support appellant's proffered manslaughter instruction; circuit court did not abuse discretion in admitting medical examiner's testimony; circuit court did not abuse discretion in admitting state-of-mind testimony concerning victim's intent; reversed & remanded. [HTML, WP5.1]

APPENDIX

PROFESSIONAL CONDUCT MATTERS

In Re: Owens (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bader v. State, CR 04-443 (Per Curiam), Pro Se Motion for Rule on Clerk denied May 27, 2004. [HTML, WP5.1]

Blade v. Davis, 04-523 (Per Curiam), Pro Se Petition for Writ of Mandamus moot May 27, 2004. [HTML, WP5.1]

Davis v. State, CR 04-85 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Belated Appeal of Postconviction Order dismissed May 27, 2004. [HTML, WP5.1]

Flowers v. State, CR 03-652 (Per Curiam), affirmed May 27, 2004. [HTML, WP5.1]

Smith v. State, CR 04-72 (Per Curiam), Pro Se Joint Motion for Reconsideration of Joint Motion for Belated Appeal of Judgments of Conviction or for Writ of Prohibition or Writ of Habeas Corpus denied May 27, 2004. [HTML, WP5.1]

Wigley v. State, CR 02-1372 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Rule on Clerk to Proceed with Appeal of Postconviction Order denied May 27, 2004. [HTML, WP5.1]

BETTY C. DICKEY, CHIEF JUSTICE:

CR03-1173. Carl Lowe v. State of Arkansas, from Desha Circuit, Arkansas City District. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR03-1330. Chancey Lynn Baird v. State of Arkansas, from Washington Circuit. Affirmed; Court of Appeals Reversed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-563. Jim Green and J. Green Development Co., Inc. v. The City of Jacksonville, from Pulaski Circuit, Twelfth Division. Affirmed. Court of Appeals Reversed. Hannah, J., dissents. (5 PAGES + 12-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR03-796. Robert Wyles v. State of Arkansas, from Pope Circuit. Reversed and Remanded. (17 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR03-1129. Jonah Vaughn Jones v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed in Part; Reversed and Remanded in Part. Glaze, Corbin, and Imber, JJ., dissent. (15 PAGES + 6-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

CR03-1089. James Hathcock v. State of Arkansas, from Pulaski Circuit, Fifth Division. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR03-652. Clinton Flowers v. State of Arkansas, from Crittenden Circuit. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR03-170. Rebecca Woolbright and Carl Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. (Woolbright) Corbin, Thornton, and Hannah, JJ., would grant.

CR03-170. Rebecca Woolbright and Carl Johnson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. (State) Dickey, C.J., and Glaze, J., would grant.

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

*****************************

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

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.

*****************************

03-596. Pamela Jefferson v. Arkansas Department of Human Services, from Pulaski Circuit, Tenth Division. Motion for attorney's fees. Granted $4,857 in fees and costs.

04-482. Mary Hickson v. Arkansas Department of Human Services, from Cleburne Circuit. Petition for writ of certiorari to complete and correct the record. Petition denied and appeal dismissed. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

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 is denied.

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 is denied.

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

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 replybrief. Granted to June 3, 2004.

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

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 is granted.

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

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 is denied.

04-549. In Re: Rodney P. Owens, Arkansas Bar No. 86138, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR02-1372. William Wigley v. State of Arkansas, from Sebastian Circuit, Greenwood District. Pro se motion for reconsideration of motion for rule on clerk to proceed with appeal of postconviction order. Motion for reconsideration denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-72. Lucille Smith and Brenda Spencer v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se joint motion for reconsideration of joint motion for belated appeal of judgments of conviction or for writ of prohibition or writ of habeas corpus. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-85. Richard Alan Davis v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration of motion for belated appeal of postconviction order. Motion for reconsideration dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-443. Steve Bader a/k/a Steven Scott Bader v. State of Arkansas, from Benton Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-523. Benjamin Blade v. Honorable Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

CR02-910. Justin Anderson v. State of Arkansas, from Lafayette Circuit.

03-496. Ford Motor Company v. Arkansas Motor Vehicle Commission et al., from Pulaski Circuit, Seventh Division.

*****************************

PETITIONS FOR REVIEW:

CR04-483. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, First Division.

04-494. John Sikes v. Georgia-Pacific Corporation, from Workers' Compensation Commission.

04-517. NPC International, Inc. d/b/a Pizza Hut of West Helena v. Sylvia Hill et al., from Phillips Circuit.

*****************************

CR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record.

CR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Appellant's motion to reassign to Court of Appeals.

CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record.

CR04-558. Milton Morris v. State of Arkansas, from Sevier Circuit. Motion to set bail pending appeal.

00-1080. Advance America et al. v. Phyllis Garrett, from Clark Circuit. Unopposed motion for return of supersedeas bond.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motion to intervene by Committee to Save Arkansas Jobs, Inc., Arkansas State Chamber of Commerce, Meek Manufacturing Company, LLC, Atlas Asphalt, Inc. and ARKAT Nutrition, Inc.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motion to intervene by Arkansas Children'sHospital, Cooper Clinic, P.A., Dr. S. Clark Fincher, MSCS, L.L.C. d/b/a the Medical Center of South Arkansas, American Medical Association and the Arkansas Medical Society.

SUBMISSIONS

03-754. American Abstract and Title Company et al. v. George Rice et ux., from Pulaski Circuit, Thirteenth Division. Argued orally.

03-1230. Honorable Timothy D. Fox, Judge v. Samuel A. Perroni et al., from Pulaski Circuit, Fifth Division. Argued orally.

03-997. Lynsey Gwin v. Spencer Daniels et ux., from Little River Circuit.

03-1308. Terry Ronald Smith v. State Board of Law Examiners, an Original Action.

03-1378. Shelter Mutual Insurance Company v. Coleman Nash, from Washington Circuit.

04-27. B.J. McAdams v. Robert L. McAdams, from Pulaski Circuit, Seventeenth Division.

04-198. Charles Crosser et ux. v. James Henson, from Craighead Circuit, Western District.