ARKANSAS SUPREME COURT

Opinions delivered
July 1, 2004


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DONALD L. CORBIN, JUSTICE:

03-1459. Sharon Kay Edmundson v. The Estate of Oral W. Fountain, Deceased, from Izard Circuit. Circuit Court Affirmed; Court of Appeals Reversed. Dickey, C.J., and Brown, J., dissent. (10 PAGES + 7-PAGE DISSENT + 4-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-1382. Mercury Marketing Technologies of Delaware, Inc.; GoInternet.Net, Inc.; Neal Saferstein; Arthur Cohen; and Robert Rosenkranz v. State of Arkansas Ex Rel. Mike Beebe, Attorney General, from Pulaski Circuit, Second Division. Affirmed. Corbin, Imber, and Hannah, JJ., dissent. (17 PAGES + 7-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

03-1249. Bobby Jones v. Phillips County Election Commission and Maxine Ball, from Phillips Circuit. Affirmed. (2 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

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

03-563. Jim Green et al. v. The City of Jacksonville et al., from Pulaski Circuit, Twelfth Division. Hannah, J., would grant.

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

 04-625. Herbert Hopf et ux. v. Glen Ward Reese, Jr. et al., from Pulaski Circuit, Sixteenth Division.

04-649. Cherrina Harris v. Burger King, from Workers' Compensation Commission.

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CR04-465. Virgil McDuffy v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for extension of time to correct the record and to file brief is granted.

03-563. Jim Green et al. v. The City of Jacksonville et al., from Pulaski Circuit, Twelfth Division. Appellees' motion to file a belated response to petition for rehearing is granted.

03-911. Thomas John Farrell v. Olivia Farrell, from Pulaski Circuit, Fourteenth Division. Appellant's renewed motion for oral argument is denied.

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc., from Crawford Circuit. Appellee's motion to stay the mandate pending certiorari proceedings in the U.S. Supreme Court. Granted 90 days.

CA04-7. Superior Products USA et al. v. Golf Cars of Arkansas, Inc., from Pulaski Circuit, Third Division. Appellants' motion to certify to the Supreme Court is denied.

04-430. Baptist Health v. Bruce E. Murphy, M.D. et al., from Pulaski Circuit, Thirteenth Division. Motions denied. See per curiam this date. Dickey, C.J., and Imber, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

04-482. Mary Hickson v. Arkansas Department of Human Services, from Cleburne Circuit. Appellant's motion for rehearing is denied.

04-665. Pam Bechtel Shook v. James O. Turbeville, M.D., from Pike Circuit. Motion for rule on clerk is denied.

04-696. Richard Weiss, Director, Arkansas Department of Finance and Administration v. Jimmy R. McFadden et al., from Pulaski Circuit, Thirteenth Division. Appellant's motion for stay pending appeal and motion to expedite is granted.

04-681. Charles E. Winkler v. Dr. John P. Bethell et al., from Pulaski Circuit, Third Division. Appellees' motion to dismiss appeal. Passed until case submitted.

CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Special master's findings of fact accepted and contempt citation issued. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR03-775. Kevin McKenzie a/k/a Keith Barrett v. State of Arkansas, from Crawford Circuit. Motion for entry of appearance granted; motion for a rule on the clerk granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CACR03-373. Jose Luis Valenzuela v. State of Arkansas, from Crawford Circuit. Motion to dismiss appeal returned to Court of Appeals for ruling; case and remaining issues to remain in the Court of Appeals; attorney for appellant is removed and new counsel is to be appointed. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

04-717. In Re: Barbara Morgan, Arkansas Bar ID No. 87120, an Original Action. Petition for voluntary surrender of law license. Petition granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Code of Judicial Conduct, Canon 4C(1). See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

In Re: Rules of Appellate Procedure--Criminal, Rule 1; Rules of Criminal Procedure, Rule 11.1; and Form of Summons for Surety. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Arkansas Bar Association -- Petition for Adoption of Arkansas Professional Practicum; Administrative Order Number 17. See per curiam this date. (5 PAGES PUBLISHED) [HTML, WP5.1]

In Re: Appointments to the Professional Practicum Committee. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Court conveys its appreciation to Dean Goldner, Ms. McDaniel, Mr. Rosenthal, Mr. Daily, and Mr. Claycomb for their willingness to serve on this committee.

In Re: Enrollment of Attorneys. Following the State Bar Examination in July of this year, and the certification by the Board of those who passed the examination and met all other requirements, thereupon, while the Court is in recess, any Justice of this Court, after satisfying himself of all the above essentials, may authorize and empower the clerk of this Court to enroll such successful candidates as of the date such Justice so acts.

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In Re: Mandates of the Supreme Court of the United States. The clerk is directed to file any mandate received from the United States Supreme Court during recess of this Court, and issue mandate of this Court in compliance therewith.

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In Re: Procedure While Court is in Recess. During the recess of this Court, any individual Justice may act upon matters presented to the Court; provided, however, matters usually acted upon by the entire Court shall not be acted upon by an individual Justice until after the clerk or his deputy has attempted to contact as many of the Justices as possible.