ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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323 Ark.

Opinions delivered
February 19, 1996


Benton v. State (Per Curiam) [ASCII, WP5.1]
Appeal & error -- Motion for rule on the clerk; good cause for granting.

Frisby v. Agerton Logging, Inc. (Brown, J.) [ASCII, WP5.1]
Jury -- Use of sudden emergency instruction inappropriate when there are two parties to the action, each of which prove some fault on the part of the other; sudden emergency instruction improperly given.

Hamilton v. Villines (Newbern, J.) [ASCII, WP5.1]
Civil procedure -- Class actions; notice; chancellor's notice requirement improper; matter reversed and remanded.

Hogue v. State (Brown, J.) [ASCII, WP5.1]
Criminal law -- Defendant must either have the trial court declare a person an accomplice as a matter of law or submit the issue to the jury; defendant need not do both to preserve the issue of an erroneous denial of a directed verdict motion; sufficient evidence to connect appellant to the crime.

Holaday v. Fraker (Roaf, J.) [ASCII, WP5.1]
This opinion has been replaced by a substituted opinion issued March 18, 1996.
Property -- Enforcement of restrictive covenants; appellants were fully aware of the provisions contained in their deed and the applicable restrictive covenants; chancellor's determination that appellants' building not used exclusively for residential purposes not clearly erroneous.

Jones v. State (Newbern, J.) [ASCII, WP5.1]
Criminal law -- Delivery of controlled substance; not necessary to show exchange of drugs for money.

Macon v. State (Glaze, J.) [ASCII, WP5.1]
Juveniles -- Trial court concluded available juvenile rehabilitation was limited and inappropriate; proof was sufficient to deny appellant's motion to transfer.

Miskelley v. State (Jesson, C.J.) [ASCII, WP5.1]
Criminal law -- Accomplice liability; substantial evidence that appellant purposely aided and facilitated commission of first-degree murder; confessions; Police may use some psychological techniques so long as accused's free will is not completely overborne; numerous factors pointed to voluntariness of confession; failure of police to record entire confession; not required by Arkansas law; considered as a factor it did not invalidate confession.

Moore v. State (Roaf, J.) [ASCII, WP5.1]
Trial -- Testimony so prejudicial admonition to jury did not cure it; trial court's denial of mistrial an abuse of discretion; taking of blood sample not an unreasonable search; there was no unjustified element of personal risk and pain; DNA profiling no longer novel scientific evidence.

Murphy v. Danforth (Dudley, J.) [ASCII, WP5.1]
Guardian & ward -- Parental Kidnapping Prevention Act applicable; appellants sought permanent change of custody under emergency jurisdiction; Arkansas court correctly refused to exercise emergency jurisdiction.

Perryman v. Hackler (Corbin, J.) [ASCII, WP5.1]
Contracts -- Usury; cause of action for usury not assignable; no error in trial court's limiting appellants' award to twice the amount of interest they paid; judgment for unpaid rent proper; evidence supported chancellor's finding.

White v . Welsh (Jesson, C.J.) [ASCII, WP5.1]
Executors & administrators -- Reopening of estate; petition must be filed by interested person; appellants not interested persons; no standing to question issuance of probate court's order.

APPENDIX

In Re: Arkansas Rule of Criminal Procedure 28.2 (Per Curiam) [ASCII, WP5.1]

In Re: Armstrong (Per Curiam) [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Burnley v. State, CR 95-1088 (Per Curiam), Pro Se Motion for Extension of Time to File Brief and Pro Se Motion for Duplication of Brief at Public Expense denied and appeal dismissed February 19, 1996.

Dulaney v. State, CR 95-1094 (Per Curiam), Pro Se Motion to Dismiss Appeal Without Prejudice granted in part; appeal dismissed with prejudice February 19, 1996.

Fox v. State, CR 95-91 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted; Motion for Duplication of Brief denied February 19, 1996.

Nathaniel v. State, CR 95-1196 (Per Curiam), Pro Se Petition for Writ of Certiorari denied February 19, 1996.

Surveyor v. State, CR 95-796 (Per Curiam), affirmed February 19,1996.

Wilburn v. State, CR 94-1110 (Per Curiam), Pro Se Motion for Extension of Time to File Petition for rehearing denied February 19, 1996.