TOM GLAZE, JUSTICE:

04-136. Shipley, Inc. d/b/a That Bookstore in Blytheville; Arkansas Library Association; American Booksellers Foundation for Free Expression, Inc.; Association f American Publishers, Inc.; Comic Book Legal Defense Fund; Freedom to Read Foundation; International Periodical Distributors Association, Inc.; American Civil Liberties Union of Arkansas, Inc. v. Fletcher Long, Jr., District One Prosecuting Attorney et al. (Namely All the Other Prosecuting Attorneys in the State of Arkansas). Arkansas Supreme Court's Responses to the Certified Questions from the United States District Court, Eastern District of Arkansas, Western Division, Honorable G. Thomas Eisele, District Judge. Dickey, C.J., Brown and Imber, JJ., concurring on First, Third and Fourth Questions; dissenting on Second Question. (17 PAGES + 5-PAGE CONCURRENCE/DISSENT PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

04-62. Phyllis Ginsburg v. George Ginsburg, Mildred R. Baron, William Mac Ginsburg, and A.G. Edwards & Sons, Inc., from Garland Circuit. Affirmed. (8 PAGES PUBLISHED) [HTML, WP5.1]

JIM HANNAH, JUSTICE:

03-1474. Gaye Warr v. Kathleen C. Williamson and Richard D. Kennedy, from Pope Circuit. Reversed in Part; Affirmed in Part. Glaze and Imber, JJ., concur. (7 PAGES + 4-PAGE CONCURRENCE PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR03-405. Doug King v. State of Arkansas, from Arkansas Circuit, Northern District. Affirmed. (8 PAGES UNPUBLISHED) [HTML, WP5.1]

CR03-860. Ellis F. Kinard v. State of Arkansas, from Pulaski Circuit, First Division. Affirmed. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

CR02-878. Johnny Paul Dodson v. State of Arkansas, from Garland Circuit.

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

04-983. Miller County and Association of Arkansas Counties v. John David Stewart, from Workers' Compensation Commission.

04-1015. Mary L. Watkins Revocable Trust et al. v. John Watkins, from Conway Circuit.

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04-966. Sandra Fairfield v. Department of Human Services, from Cleburne Circuit. Appellee's motion to dismiss appeal is granted.

CR04-854. James Lee Jackson v. State of Arkansas, from Chicot Circuit. Appellant's motion to substitute counsel is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR04-938. Jerry Herron v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to withdraw as attorney on direct appeal and for appointment of counsel is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

04-722. Jabree Montrey Bryant v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for belated appeal. Remanded for additional findings of fact. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR03-818. Jerome DeAsis v. State of Arkansas, from Benton Circuit. Appellee's motion to supplement the record and for brief time is granted.

CR04-382. Timothy Edwards v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion for compliance with Rule 4-3(h) is granted.

CR04-715. Mark Duane Wright v. State of Arkansas, from Franklin Circuit, Northern District. Appellee's motion to substitute corrected brief is granted.

CR04-833. Daron Barnett v. State of Arkansas, from Desha Circuit. Findings of fact returned on attorney error. No action to be taken against attorney.

CR04-1028. Robert L. LeFever v. State of Arkansas, from Carroll Circuit, Western District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-1041. Keela McGahey v. State of Arkansas, from Desha Circuit, Arkansas City District. Motion for rule on clerk is granted. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR04-1048. Torry Dontae Timmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-1048. Torry Dontae Timmons v. State of Arkansas, from Arkansas Circuit, Northern District. Motion of Steve Jackson to be relieved as counsel is denied.

03-1414. Heather Patrice Hogrobrooks v. Arkansas Board of Law Examiners, from Board of Law Examiners. Rebriefing ordered. See per curiam this date. Glaze, J., dissents. (2 PAGES PUBLISHED) [HTML, WP5.1]

04-682. Kirby Arbaugh et ux. v. AG Processing, Inc. et al., from Workers' Compensation Commission. Motion to strike appellees' second point on appeal is granted.

04-777. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit. Appellant's motion to file supplemental brief is granted.

04-777. Robin Denise Dansby v. Lathaire Wilfred Dansby, from Miller Circuit. Appellee's motion to file supplemental brief is granted.

04-852. Arkansas Department of Human Services v. Honorable Gary Isbell, Judge, from Marion Circuit. Petitioner's motion to allow supplemental reply brief. Granted, simultaneous briefs.

04-991. Lori A. Mosby v. William Max Kisselburg, from Mississippi Circuit, Chickasawba District. Motion to expedite. Moot.

04-991. Lori A. Mosby v. William Max Kisselburg, from Mississippi Circuit, Chickasawba District. Petition for writ of mandamus is denied. See Coggins v. Coggins, 353 Ark. 431 (2003).

04-1022. Billy Lee, County Judge v. Jim Lane et al., from Cross Circuit. Appellant's motion to dismiss appeal is granted.

04-1025. Harron Bates v. Patricia Spencer Williams, from Pulaski Circuit, Eleventh Division. Motion for rule on clerk is denied.

04-1049 and 04-1055. Thomas Arthur Johnson, a Minor v. Virginia Hargrove et al., from Washington Circuit. Motion to dismiss writ of certiorari to complete the record, for anextension of time to file brief, and to file an enlarged brief. Motion to dismiss writ of certiorari granted. Motion to file an enlarged brief is denied, extension of brief time, granted 30 days.

04-1049. Thomas Arthur Johnson, a Minor v. Virginia Hargrove et al., from Washington Circuit. Petition for writ of certiorari to complete the record. Moot.

04-1094. In Re: Karen Alexander Starken, Arkansas Bar No. 89066, from Committee on Professional Conduct. Petition to voluntarily surrender law license is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR04-1108. Travis Eugene Eaton v. Honorable Ray Reynolds, Judge et al., from Washington Circuit. Petition for writ of certiorari, writ of habeas corpus or writ of mandamus is denied.

04-1128. Nameloc, Inc. and Loretta Lever House v. Honorable James M. Moody, Jr., Judge et al., from Pulaski Circuit, Third Division. Petition for writ of prohibition is denied without prejudice.

04-1072. Jeff House and Don Strahl v. Honorable John N. Fogleman, Circuit Judge, from Crittenden Circuit. Petition for writ of certiorari and mandamus is denied. See per curiam. (Proceedings of October 15, 2004)

CR04-548. Keon Roshun Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se motions for extension of time to file brief and for access to record. Motions granted. See per curiam this date. (1 PAGE UNPUBLISHED) [HTML, WP5.1]

CR04-946. John D. Martin v. State of Arkansas, from Pope Circuit. Pro se motion for belated appeal of order. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-603. James Betts v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

04-716. John Briley v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for extension of time to file appellant's brief. Appeal dismissed; motion moot. See per curiam this date. (2 PAGES UNPUBLISHED) [HTML, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Will Bond, Esq., of Jacksonville and Cindy Thyer, Esq., of Jonesboro are appointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2007. The court extends its appreciation to these appointees for their willingness to serve on this most important Committee.

William Waddell, Esq., of Little Rock, John C. Calhoun, Esq., of North Little Rock, and Hani Hashem, Esq., of Monticello are reappointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2007. The court extends its thanks to Messrs. Waddell, Calhoun, and Hashem for accepting reappointment.

We designate William Waddell as the chair of the Committee and thank him for his willingness to take on this responsibility.

The court expresses its appreciation to Gary Nutter, Esq., of Texarkana and Peter Kumpe, Esq., of Little Rock, whose terms have expired, for their years of valuable service to this Committee.

In Re: Arkansas State Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

The Court appoints Winford Lee Dunn, Jr. of Texarkana to the Arkansas State Board of Law Examiners. Mr. Dunn shall be a representative of the Fourth Congressional District and will serve a 6-year term concluding on September 30, 2010. Mr. Dunn succeeds Ed W. McCorkle of Arkadelphia.

The Court appoints Stephen C. Engstrom of Little Rock to the Arkansas State Board of Law Examiners. Mr. Engstrom shall be an at large appointee and will likewise serve a 6-year term concluding on September 30, 2010. Mr. Engstrom succeeds Sherry P. Bartley of Little Rock.

The Court thanks Mr. Dunn and Mr. Engstrom for accepting appointment to this important Board. The Court extends its sincere appreciation to Mr. McCorkle and Ms. Bartley for their many years of service on this Board.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

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PETITIONS FOR REVIEW:

CR04-1027. Jose Armando Flores, Jr., Alejandro Hinojosa and Kervin D. Robertson v. State of Arkansas, from White Circuit.

04-1029. James R. Filyaw v. Dr. Michael Bouton et al., from Sebastian Circuit, Fort Smith District.

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CR03-1451. Anthony Reed v. State of Arkansas, from Jefferson Circuit. Appellee's motion to remand.

CR04-340. Billy Ray Davis v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.

CR04-735. Jeremiah Holland v. State of Arkansas, from Searcy Circuit. Appellant's motion for extension of time to return writ.

CR04-825. Devaron Bowers v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal.

CR04-950. Deborah K. Pope v. State of Arkansas, from Crawford Circuit. Appellant's motion to stay brief time and for stay of time to file affidavit of support in request to proceed in forma pauperis.

CR04-1076. Darren Keath Helms v. State of Arkansas, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari to complete the record.

04-1050. Patricia Mangold v. James Mangold, from Benton Circuit. Motion for rule on clerk.

04-1053. Jimmie L. Wilson v. Eugene G. Sayre, from Pulaski Circuit, Thirteenth Division. Motion of Ronald L. Davis, Jr. to be relieved as counsel.

04-1053. Jimmie L. Wilson v. Eugene G. Sayre, from Pulaski Circuit, Thirteenth Division. Motion of Jimmie L. Wilson to substitute counsel.

04-1064. Maxine Ball et al. v. Honorable L.T. Simes II, Judge, from Phillips Circuit. Petition for writ of mandamus or writ of certiorari.

04-1071. Rebecca Collins et al. v. Harold Morgan, from Washington Circuit. Motion for rule on clerk.

04-1071. Rebecca Collins et al. v. Harold Morgan, from Washington Circuit. Motion to supplement the record.

SUBMISSIONS

04-485. David Harris v. City of Fort Smith, Arkansas et al., from Sebastian Circuit, Fort Smith District. Argued orally. (Proceedings of October 20, 2004)

CR04-43. Leonard Porter v. State of Arkansas, from Sebastian Circuit, Fort Smith District.

CR04-331. Terese Marie Meadows v. State of Arkansas, from Carroll Circuit, Eastern District.

03-1365. Arkansas Hearing Instrument Dispensers Board v. O. G. Vance, from Cleburne Circuit.

03-1393. Anthony Mullins v. State of Arkansas, from Faulkner Circuit.

04-207. Amanda Trout v. Arkansas Department of Human Services, from Pulaski Circuit, Eighth Division.