ARKANSAS SUPREME COURT

Opinions delivered
September 30, 2004


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TOM GLAZE, JUSTICE:

03-911. Thomas John Farrell v. Olivia Farrell, from Pulaski Circuit, Fourteenth Division. Appeal and Cross Appeal Dismissed. Brown, J., not participating. (Proceedings of September 27, 2004) (5 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

03-1363. David Cockrell v. Union Planters Bank; and Robert T. Wood and Jennifer Wood, from Benton Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR03-1407. Thomas Lee Pratt v. State of Arkansas, from Clark Circuit. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-682. Teresa Davis v. Corliss M. Williamson, from Washington Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-474. Wardell Green v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (7 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-714. Jimmy Housley v. State of Arkansas, from Marion Circuit. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-817. Gregory Charles Byndom v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appeal Dismissed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-839. Michael J. Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (3 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

04-11. James Lee Speights, Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. See supplemental opinion this date. Thornton, J., concurs. (3 PAGES PUBLISHED) [HTML, WP5.1]

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

04-518. John Herzog, Sr., M.D. et al. v. Thomas Glover, from Jefferson Circuit. Imber, J., would grant.

04-657. Consumer Utilities Rate Advocacy Division of the Attorney General's Office v. Arkansas Public Service Commission et al., from Arkansas Public Service Commission. Dickey, C.J., and Thornton, J., not participating.

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02-1266. Robert McIntosh v. State of Arkansas, from Perry Circuit. Attorneys Rickey Hicks and R.S. McCullough are ordered to appear and show cause today at 9:00 a.m.

01-836. Lake View School District No. 25 of Phillips County, Arkansas et al. v. Governor Mike Huckabee et al., from Pulaski Chancery, Second Division. Motions for attorney's fees and costs. Motions denied. See per curiam this date. Special Justice Carol Dalby joins. Glaze, J., dissents. Imber, J., not participating. (3 PAGES + 5-PAGE DISSENT PUBLISHED) [HTML, WP5.1]

04-11. James Lee Speights, Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. Motion on behalf of the Arkansas State Chamber of Commerce to file an amicus curiae brief is granted.

04-11. James Lee Speights, Jr. et al. v. Stewart Title Guaranty Company, Inc. et al., from Saline Circuit. Motion on behalf of the Product Liability Advisory Counsel to file an amicus curiae brief is granted.

04-568. Floyd G. Villines III, Pulaski County Judge et al. v. Nora Harris et al., from Pulaski Circuit, Third Division. Appellees' motion to suggest disqualification is denied. See Glaze, J., letter opinion this date. Corbin, Brown and Imber, JJ., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-1217. Michael Shane Jolly v. State of Arkansas, from Saline Circuit. Appellee's motion to recall the mandate. Granted 90 days.

CR04-12. Glenn E. George v. State of Arkansas, from Garland Circuit. Appellant's motion for stay of mandate. Granted 90 days.

CR04-630. David Earl Henderson v. State of Arkansas, from Washington Circuit. Motion of Michael J. Dodson to withdraw and for substitution of counsel is granted.

CR04-630. David Earl Henderson v. State of Arkansas, from Washington Circuit. Motion for extension of time to file brief is granted.

CR04-853. Curtis Ray Flowers v. State of Arkansas, from Columbia Circuit. Motion of David Price, Allen Roberts and John Walker to be relieved as counsel and for brief time. Motion granted and David Price appointed as counsel.

CR04-944. Aaron Smothers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Response to request to file a motion for belated appeal. Remanded to settle the record. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-950. Deborah K. Pope v. State of Arkansas, from Crawford Circuit. Motion of Naif Samuel Khoury to withdraw as attorney of record and for appointment of counsel is denied pending compliance with Supreme Court Rule 6-6.

02-1349. Guy Moon v. Bill R. Holloway et al., from Desha Circuit, Arkansas City District. Appellant's motion to reopen case is denied.

03-878. Samuel A. Perroni v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to recall the mandate. Granted 90 days.

03-1154. JurisDictionUSA, Inc. v. Loislaw.com, Inc., from Crawford Circuit. JurisDictionUSA's motion to issue mandate is granted.

04-461. Co Q. Mac et al. v. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, from Independence Circuit. Appellants' motion for oral argument is granted.

04-473. Kenneth G. Middleton et al. v. Geraldine Lockhart et al., from Newton Circuit. Pro se motion for extension of time to file reply brief. Granted 30 days.

04-598. Baker Refrigeration Systems, Inc. et al. v. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, from Pope Circuit. Appellants' motion for oral argument is granted.

04-852. Arkansas Department of Human Services v. Honorable Gary Isbell, Judge, from Marion Circuit. Respondents' motion to supplement the record is granted.

04-880. Lee Huff v. Honorable Harvey Lee Yates, Judge, and Lucious Arter, from Lee Circuit. Motion for temporary restraining order and preliminary injunction is denied.

04-880. Lee Huff v. Honorable Harvey Lee Yates, Judge, and Lucious Arter, from Lee Circuit. Petition for writ of prohibition is denied.

04-923. Royce Kerchner, Sr. v. Discover Bank, from Pulaski Circuit, Third Division. Motion for rule on clerk is denied.

04-956. Michael Fisher d/b/a Fisher Flying Service v. Circuit Court of Desha County, Arkansas, from Desha Circuit, Arkansas City District. Petition for writ of prohibition or, alternatively, for writ of certiorari is denied without prejudice.

04-956. Michael Fisher d/b/a Fisher Flying Service v. Circuit Court of Desha County, Arkansas, from Desha Circuit, Arkansas City District. Appellee's motion for extension of time to file response to petition for writ of prohibition is granted.

04-957. Stacy Abram, Jr. v. Honorable Larry Boling, Judge, from Crittenden Circuit. Pro se motion to proceed in forma pauperis is denied.

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit.

Motion for stay of execution. Temporary stay granted. Per curiam to follow. (Proceedings of September 24, 2004)

CR03-1257. State of Arkansas v. Rickey Dale Newman, from Crawford Circuit. Briefing ordered. See per curiam. (Proceedings of September 28, 2004) (3 PAGES PUBLISHED) [HTML, WP5.1]

CACR98-503. Thurman Odis Hamaker v. State of Arkansas, from Bradley Circuit. Pro se motion for reconsideration of petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CACR01-38. George All v. State of Arkansas, from Sebastian Circuit, Fort Smith District. 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. (4 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-619. Curtis O'Neal Mitchell v. State of Arkansas, from Poinsett Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-621. David Anderson v. State of Arkansas, from Greene Circuit. Pro se petition for writ of certiorari to correct record and motion for extension of time to file appellant's brief. Petition for writ of certiorari treated as motion to supplement record and granted; motion for extension of time to file appellant's brief granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-638. Davis D. Carpenter, Jr. v. State of Arkansas, from Benton Circuit. Pro se motions for appointment of counsel and for extension of time to file appellant's brief. Appeal dismissed; motions moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

CR04-654. George Arthur Bunn v. State of Arkansas, from Washington Circuit. Pro se motion to file belated pro se petition for review. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-467. Cleveland Brazell v. State of Arkansas, from Lincoln Circuit. 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]

04-521. Artic Henderson v. State of Arkansas, from Jefferson Circuit. 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]

04-640. John Briley v. Peacock Realty, Ltd., Jim Peacock, Gayle Peacock et al., from Pulaski Circuit, Thirteenth Division. Pro se motion to proceed in forma pauperis on appeal. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

04-662. Marcus Bohanan v. Arkansas Department of Correction, from Pulaski Circuit, First Division. Pro se motion to proceed in forma pauperis on appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Rules Governing Admission to the Bar. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

CACR04-74. Mary Hiang and Consuella Terrell v. State of Arkansas, from Crawford Circuit. Appellee's motion for certification to the Supreme Court.

CR04-395. Rodell Avery, Jr. v. State of Arkansas, from Calhoun Circuit. Appellee's petition for writ of certiorari to complete the record.

CR04-771. David McElyea v. State of Arkansas, from Washington Circuit. Appellant's motion to file supplemental brief.

CR04-799. Jerry L. Edmond v. State of Arkansas, from Hempstead Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rules 4-2(a)(5) and 4-2(a)(8).

CR04-938. Jerry Herron v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk.

CR04-968. Ivan Stephens v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of habeas corpus and to set bail.

CR04-989. Alexander Newborn v. State of Arkansas, from Clark Circuit. Motion for rule on clerk.

CR04-992. Richard Hancock v. State of Arkansas, from Monroe Circuit. Motion for rule on clerk.

04-750. Timothy Tucker Coleman et al. v. Regions Bank et al., from Pulaski Circuit, Fifth Division. Appellee Regions Bank's motion to consolidate appeals.

04-885. Robbyn Tumey v. Charlie Daniels, Secretary of State et al., from Pulaski Circuit, Sixth Division. Motion to dismiss appeal of Republican Party of Arkansas.

04-970. Erica Suggs Rendon v. Arkansas Department of Human Services, from Pope Circuit. Motion for rule on clerk.

04-993. Richard R. Plaisance v. Ron Nichols, from Benton Circuit. Appellee's motion to dismiss appeal.

SUBMISSIONS

04-994. Populist Party of Arkansas, Ralph Nader and Peter Miguel Camejo v. Linda Chesterfield and Democratic Party of Arkansas, from Pulaski Circuit, Sixth Division. Argued orally.

CR03-800. Anarian Chad Jackson v. State of Arkansas, from Pulaski Circuit, Sixth Division. Argued orally.

CR03-1457. Tony Harper v. State of Arkansas, from Pulaski Circuit, Fifth Division.

CR04-45. Kuntrell O'Bryan Jackson v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR04-229. Lee Edward Stokes, Jr. v. State of Arkansas, from Pulaski Circuit, Sixth Division.

CR04-664. State of Arkansas v. Carl Markham, from Pulaski Circuit, First Division.

03-1099. Mary Linker Flores et al. v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division.

04-42. Holly Cockrum, M.D. v. Honorable Timothy Davis Fox, Judge, from Pulaski Circuit, Sixth Division.