Arkansas Dep't of Human Servs. v. Mainard (Per Curiam) 04-515
Motions — Motion to expedite granted. [HTML, WP5.1]

Gwin v. Daniels (Hannah, J.) 03-997
Appeal & error — Circuit court did not rule on issue of constitutionality; nothing existed for supreme court to review; assignments of error not supported by convincing authority; assignments not considered. [HTML, WP5.1]

Hill v. Carter (Brown, J.) 03-1304
Elections — Pre-election challenge to candidate's eligibility; judicial remedy is proper method; appellant's re-election remedy rested in circuit court for residency determination; complaint was properly dismissed where appellant could not pursue election contest; voiding election not remedy under facts of case. [HTML, WP5.1]

McAdams v. McAdams (Corbin, J.) 04-027
Judgment — Res judicata applicable; issue had been fully litigated & decided; circuit court affirmed for different reason. [HTML, WP5.1]

Shelter Mut. Ins. Co. v. Nash (Glaze, J.) 03-1378
Limitation of actions — Underinsured motorist coverage; statute of limitations for contract actions controls; statute of limitations begins to run when insurance contract is breached. [HTML, WP5.1]

Weiss v. Chavers (Thornton, J.) 03-805
Taxation — Illegal-exaction complaint; no evidence that appellee or other taxpayers were coerced by appellant into paying taxes; potential that appellant could recalculate returns was insufficient to establish coercion; taxpayers had other reasonable means of relief available to them; taxpayers voluntarily paid taxes that they were challenging in illegal-exaction suit; voluntary-payment rule precluded recovery of payments made prior to filing litigation; trial court erred in finding that common fund existed & by awarding attorneys' fees from fund; trial court reversed. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Berna v. State, CR 04-438 (Per Curiam), Pro Se Motions for Record and for Appointment of Counsel moot; appeal dismissed June 3, 2004. [HTML, WP5.1]

Blackwell v. State, CR 98-456 (Per Curiam), Pro Se Motion for Reconsideration of Petition to Reinvest Jurisdiction in Circuit Court to Proceed with a Petition for Writ of Error Coram Nobis denied June 3, 2004. [HTML, WP5.1]

Doss v. State, CR 04-460 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Appeal of Postconviction Order granted; remanded for determination of indigent status June 3, 2004. [HTML, WP5.1]

Jordan v. State, CR 04-496 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied June 3, 2004. [HTML, WP5.1]

Luster v. State, CA CR 96-609 (Per Curiam), Pro Se Motion for Reconsideration of Motion for Belated Appeal of Postconviction Order denied June 3, 2004. [HTML, WP5.1]

Rector v. State, CR 04-159 (Per Curiam), Pro Se Motion to Reinstate Appeal dismissed June 3, 2004. [HTML, WP5.1]

Williams, Antonio v. State, CR 03-1169 (Per Curiam), Pro Se Motion to Withdraw Motion for Rule on Clerk to File Nonconforming Brief and to File Brief granted June 3, 2004. [HTML, WP5.1]

Williams, Robert L. v. State, CR 02-916 (Per Curiam), Petition for Rehearing denied June 3, 2004. [HTML, WP5.1]

TOM GLAZE, JUSTICE:

03-1378. Shelter Mutual Insurance Company v. Coleman Nash, from Washington Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-27. B.J. McAdams v. Robert L. McAdams, from Pulaski Circuit, Seventeenth Division. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-1304. Robert E. Hill v. Carl Carter, Crittenden County Election Commission, and Crittenden County Democratic Party, from Crittenden Circuit. Affirmed. Glaze, J., concurs. Dickey, C.J., not participating. (11 PAGES + 1-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-805. Richard Weiss, Director, Arkansas Department of Finance and Administration v. Mary Chavers, on Behalf of Herself and All Other Similarly Situated Persons, from Pulaski Circuit, Fourteenth Division. Reversed. Glaze, J., concurs. Imber, J., concurs writing separately. Hannah, J., dissents. (11 PAGES + 2-PAGE CONCURRENCE + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-997. Lynsey Gwin v. Spencer and Gerry Daniels, from Little River Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

CR02-916. Robert L. Williams v. State of Arkansas, from Ashley Circuit. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

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

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

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.

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

CR03-1433. Robert Stephen Hill v. State of Arkansas, from Lonoke Circuit. Appellant's motion to supplement the record is denied. See Drymon v. State, 327 Ark. 375, 938 S.W.2d 825 (1997).

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

CR04-555. Joel Brian Holloway v. State of Arkansas, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record. Granted 30 days.

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

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

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. Based on Attorney General's and petitioners' response, Bette Stamps is not a defendant and motion is granted.

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. is granted.

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's Hospital, 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 is granted.

04-515. Arkansas Department of Human Services v. Honorable Linda Collier, Judge, from Van Buren Circuit. Motion to expedite granted, petition for writ of certiorari and petition for writ of habeas corpus to be considered simultaneously. See per curiam this date. (Proceedings of June 2, 2004) (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR96-609. Kirk Luster v. State of Arkansas, from Clark Circuit. Pro se motion for reconsideration of motion for belated appeal of postconviction order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR98-456. Robert Blackwell v. State of Arkansas, from Pulaski Circuit, Fifth Division. Pro se motion for reconsideration of petition to reinvest jurisdiction in circuit court to proceed with a petition for writ of error coram nobis. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-1169. Antonio Williams v. State of Arkansas, from Crittenden Circuit. Pro se motion to withdraw motion for rule on clerk to file nonconforming brief and to file brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-159. Alvin Rector v. State of Arkansas, from Washington Circuit. Pro se motion to reinstate appeal. Motion dismissed. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-438. Rickie Earn Berna v. State of Arkansas, from Crawford Circuit. Pro se motions for record and for appointment of counsel. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-460. Joy Danielle Doss v. State of Arkansas, from Washington Circuit. Pro se motion for rule on clerk to proceed with appeal of postconviction order. Motion granted; remanded for determination of indigent status. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-496. Kenneth Jordan v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

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

03-1009. Robbie Jones v. Double "D" Properties, Inc. et al., from Sebastian Circuit, Fort Smith District.

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PETITIONS FOR REVIEW:

CR04-531. Harvey Morris and Donna Morris v. State of Arkansas, from Craighead Circuit, Western District.

04-334. Miguel Amador, Deceased v. Amador Contracting et al., from Workers' Compensation Commission.

04-485. David Harris v. City of Fort Smith et al., from Sebastian Circuit, Fort Smith District.

04-514. Stuart Hutchinson v. Arkansas Professional Bail Bondsman Licensing Board, from Pulaski Circuit, Sixth Division.

04-516. B.J. McAdams v. J.D. Lipscomb, from Pulaski Circuit, Seventh Division.

04-536. B.S. Brown and C.G. Watkins d/b/a B & W Partnership v. Dwight E. Blake, from Crittenden Circuit.

04-564. Danny W. Brubaker v. Arkansas Employment Security Department, from Board of Review.

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CR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit. R.S. McCullough is ordered to appear and show cause today at 9:00 a.m.

CR03-1379. Terry Lynn Kuelper v. State of Arkansas, from Benton Circuit. Motion for extension of time to return writ.

CR03-1457. Tony Harper v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to file belated brief.

CR04-456. Calvin Lamont Walker v. State of Arkansas, from Ashley Circuit. Appellant's motion to set briefing schedule.

CR04-570. Ray McBride, Sr. v. State of Arkansas, from Chicot Circuit. Motion for rule on clerk.

CR04-583. Helen Marie Gately v. State of Arkansas, from Washington Circuit. Motion for rule on clerk.

03-682. Teresa Davis v. Corliss M. Williamson, from Washington Circuit. Appellant's motion to include addendum to reply brief.

03-994. Don G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Committee on Professional Conduct. Appellant's motion to commence suspension.

03-994. Don G. Gillaspie v. Stark Ligon, Executive Director, Committee on Professional Conduct, from Committee on Professional Conduct. Appellant's motion to release security bond.

03-1009. Robbie Jones v. Double "D" Properties, Inc. et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to recuse Justices Thornton, Brown, Glaze, Corbin, Imber and Hannah from consideration of petition for rehearing.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' motion for alternative writ of superintending control, or mandamus, or prohibition.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motion of Julie Anna Schroeder for admission pro hac vice.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Motion of John Vail for admission pro hac vice.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Respondents' motion to dismiss petitioners' complaint and motion for alternative and permanent writs of superintending control, mandamus or prohibition.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' motion to appoint a special master.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' request to set matter for hearing.

04-429. Arkansas Advocates for Nursing Home Residents et al. v. Circuit Court of Calhoun County et al., an Original Action. Petitioners' second motion for alternative writ of superintending control, or mandamus, or prohibition.

SUBMISSIONS

03-1259. Arkansas Insurance Department et al. v. Darryl E. Baker, from Pulaski Circuit, Fifth Division. Argued orally.

03-1459. Sharon Kay Edmundson v. The Estate of Oral W. Fountain, Deceased, from Izard Circuit.

04-11. James Lee Speights et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit.

04-41. Lenders Title Company v. Don Chandler, from Garland Circuit.

04-44. Valerie Bright v. Steven S. Zega et al., from Washington Circuit.

04-286. State of Arkansas v. Circuit Court of Desha County, from Desha Circuit, Arkansas City District.