ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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328 Ark.

Opinions delivered
May 5, 1997

Bruns Foods of Morrilton, Inc. v. Hawkins (Imber, J.) 97-17
Judgment -- Decree entered by default is as conclusive as any other judgment; res judicata barred appellant's action; trial court's ruling affirmed. [ASCII, WP5.1]

Chickasaw Chem. Co. v. Beasley (Per Curiam) 97-375
Appeal & error -- Neither notice of appeal nor motion for extension timely filed; motion to dismiss appeal granted. [ASCII, WP5.1]

Crisco v. State (Brown, J.) cr96-713
Evidence -- Authenticity of drug tested not sufficiently established; trial court abused its discretion by receiving substance into evidence. [ASCII, WP5.1]

Edwards v. State (Brown, J.) CR96-10
Constitutional law - When double jeopardy attaches; civil commitment does not meet double-jeopardy test; trial court's denial of motion to dismiss for double jeopardy affirmed. [ASCII, WP5.1]

Hernandez v. State (Per Curiam) CR97-451
Appeal & error -- Motion for rule on the clerk; good cause for granting. [ASCII, WP5.1]

Jensen v. State (Newbern, J.) CR97-12
Juveniles -- Juvenile transfer; appellant's age and juvenile record considered in review of denial of motion to transfer; trial court's decision to deny motion not clearly erroneous. [ASCII, WP5.1]

Landrum v. State (Corbin, J.) CR96-1195
Criminal procedure -- Inculpatory statement properly admitted; exclusionary rule inapplicable. [ASCII, WP5.1]

Martin v. State (Imber, J.) CR95-1314
Criminal procedure -- Ark. R. Crim. P. 2.3; siblings' testimony was almost verbatim recitation of appellant's statement; failure to suppress taped statement was not prejudicial or reversible; trial court did not abuse discretion in allowing witnesses to testify about appellant's drug use. [ASCII, WP5.1]

McGehee v. State (Brown, J.) CR95-368
Evidence -- Substantial evidence was introduced of rape and burglary; state of record; supreme court precluded from full review of case; new trial warranted; case reversed and remanded. [ASCII, WP5.1]

Olsten Kimberly Quality Care v. Pettey (Corbin, J.) 97-13
Workers' compensation -- Nature of appellee's job required her to travel to patient's homes; Commission's decision to award benefits affirmed. [ASCII, WP5.1]

Puckett v. State (Glaze, J.) CR96-907
Statutes -- Defendant chargeable under either of two statutes; prosecutor's being influenced by penalties available upon conviction not constitutionally suspect. [ASCII, WP5.1]

The Unborn Child Amendment Comm. v. Ward (Imber, J.) 93-1149
Constitutional law -- Ark. Const. Amend 68, ڇ, does not prohibit use of public funds to pay for any activity that might further or advance performance of abortions; appellant failed to meet its burden; trial court did not err in finding that direct and indirect costs of abortion could be reasonably calculated and in ordering UAMS to see that its charge covers calculated costs. [ASCII, WP5.1]

Travis v. State (Imber, J.) CR96-1466
Motions -- Motion for continuance made on day of trial; trial court's denial of motion not an abuse of discretion; trial courts admission of in-court identification not clearly erroneous. [ASCII, WP5.1]

Brunson v. State (Corbin, J.) CR96-826
Appeal & error -- Reliance on Wilson case misplaced; trial court affirmed on ground that search of appellant was valid as incident to lawful arrest. See 327 Ark. 567. [ASCII, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions - Civil. (Per Curiam) [ASCII, WP5.1]

Brown v. State, CR 96-876 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted May 5, 1997.

Glenn v. State, CR 96-1275 (Per Curiam), Pro Se Motion for Appointment of Counsel and Pro Se Motion to File Handwritten Appellant's Brief denied and appeal dismissed May 5, 1997.

Hill v. State, CR 96-667 (Per Curiam), reversed and remanded May 5, 1997.

Hogue v. State, CR 96-1324 (Per Curiam), Pro Se Motion for Access to Record granted May 5, 1997.

Lester v. State, CR 96-1325 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief denied and appeal dismissed May 5, 1997.

Morris v. Norris, 96-1190 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted May 5, 1997.

Murphy v. Norris, CR 96-1399 (Per Curiam), Pro Se Motion for Rule on Clerk and Pro Se Motion for Appointment of Counsel denied May 5, 1997.

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

CR96-553. Ledell Lee v. State of Arkansas, from Pulaski Circuit, Second Division.

CR96-826. Alton Brunson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Supplemental opinion issued. (2 Pages published) [ASCII, WP5.1]

REVIEW GRANTED: Petition for review was granted today in the following case.

97-439. Timberline International, Inc. v. Alvie Nelson, from Workers' Compensation Commission.

REVIEW DENIED: Petition for review was denied today in the following case.

97-384. James R. Chaffin et al. v. Marie Burns, from Columbia Chancery.

CR96-826. Alton Brunson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to file belated response to petition for rehearing is granted.

CR96-826. Alton Brunson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to stay mandate is granted for ninety days.

CR96-1314. Jason Pyles v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to file enlarged reply brief and for extension of time is granted.

CR97-123. Richard Orville Gooden v. State of Arkansas, from Faulkner Circuit. Appellant's motion to vacate or modify order extending brief time is denied.

CR97-451. Hilberto Hernandez v. State of Arkansas, from Crittenden Circuit. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 Page published) [ASCII, WP5.1]

96-197. Jackie L. Berry, Administrator of the Estate of Toni Berry, deceased v. St. Paul Fire & Marine Insurance Company, from Saline Circuit. Appellee's motion to reschedule oral argument. Moot.

96-533. Marvin A. Huckabay v. Kenneth Overshine and Patsy Overshine, from Greene Circuit. Joint motion to dismiss appeal and cross-appeal is granted.

97-252. Agricultural Group-Compensation Self-Insurer Fund v. Hon. Tom Smitherman, Judge, from Polk Circuit. Motion of Wellco Enterprises, Inc. for leave to file supplemental abstract is granted.

97-375. Chickasaw Chemical Company v. Thom E. Beasley, Administrator et al., from St. Francis Circuit. Appellees' motion to dismiss appeal is granted. See per curiam this date. (3 Pages published) [ASCII, WP5.1]

97-415. The Travelers Insurance Company and Dan Ray v. Hon. Kim M. Smith, Judge and Anna F. Smith, from Washington Circuit. Petitioners' motion for temporary stay is denied.

CR96-876. Jeffery Brown v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file brief. Motion granted. Final extension. See per curiam this date. (1 Pages Unpublished)

CR96-1275. Ronald W. Glenn v. State of Arkansas, from Cleburne Circuit. Pro se motion for appointment of counsel and pro se motion to file handwritten appellant's brief. Motions denied and appeal dismissed. See per curiam this date. (3 Pages Unpublished)

CR96-1324. Greg Hogue v. State of Arkansas, from Pulaski Circuit. Pro se motion for access to record. Motion granted. See per curiam this date. (2 Pages Unpublished)

CR96-1325. David Lester v. State of Arkansas, from Pulaski Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (3 Pages Unpublished)

CR96-1399. Hezekiah Murphy v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for rule on clerk and pro se motion for appointment of counsel. Motions denied. See per curiam this date. (3 Pages Unpublished)

96-1190. Herman L. Morris v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. Final extension. See per curiam this date. (2 Pages Unpublished)

In Re: Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (The text of the per curiam follows:)

Laurie A. Bridewell, Attorney at Law, of Lake Village, and Floyd M. Thomas, Jr., Esq., of El Dorado are reappointed to our Committee on Model Jury Instructions - Civil for three- year terms to expire on April 30, 2000.

William B. Wiggins, Esq., of Fort Smith, and Scott Emerson, Esq., of Jonesboro are hereby appointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2000.

The Court extends its thanks to Ms. Bridewell and Mr. Thomas for accepting reappointment, and to Mr. Wiggins and Mr. Emerson for accepting appointment to this most important Committee.

The Court expresses its appreciation to Tilden P. Wright, III, Esq., of Fayetteville, and Philip S. Anderson, Jr., Esq., of Little Rock, whose terms have expired, for their service as members of this Committee.

PETITIONS FOR REHEARING:

96-586. Darryl Brown v. Angela Cleveland, from Pulaski Chancery, Tenth Division.

96-631. Beatrice Dolphin v. Henrietta J. Wilson and Jimmie L. Wilson, from Phillips Chancery.

PETITION FOR REVIEW:

CR97-336. Kevin McElhanon v. State of Arkansas, from Jefferson Circuit.

CR97-166. Excel Warren v. State of Arkansas, from Pulaski Circuit, Seventh Division. Attorney Zimmery Crutcher is directed to appear and show cause today at 9:00 a.m.

CR96-278. Craig Burkhalter v. State of Arkansas, from Pulaski Circuit, Seventh Division. Petition to proceed in the status of indigent and for appointment of counsel.

CR96-352. Andrew Akins v. State of Arkansas, from Chicot Circuit. Appellant's motion for direction or motion to appoint court reporter to locate and transcribe record.

CR96-352. Andrew Akins v. State of Arkansas, from Chicot Circuit. Appellant's motion to stay brief time.

CR97-452. Clarence Mixon v. State of Arkansas, from Miller Circuit. Motion for rule on clerk to lodge transcript.

95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Circuit, First Division. Appellee's motion for additional time for oral argument.

96-631. Beatrice D. Dolphin v. Henrietta J. Wilson and Jimmie L. Wilson, from Phillips Chancery. Appellee's motion for recusal.

96-635. Billy J. Armstrong and Service Brokerage Company, Inc. v. Harvest Foods, Inc. and Harry J. Janson, from Pulaski Circuit, Seventh Division. Motion of Steven W. Quattlebaum to withdraw and to substitute Russ Hunt as counsel for appellants.

96-751. Eddie Linn Swaffar, Jr. v. W. C. Swaffar, Executor, from Faulkner Probate. Appellee's motion to recall mandate.

96-828. Frank Carder v. Bruce Burrow, from Craighead Circuit, Western District. Appellee's motion for attorney's fees.

96-1535. Ulyses Emanuel Didier III v. Estate of Lillie Mae Didier, Deceased, from Pulaski Probate, Fourth Division. Appellant's motion for reconsideration.

97-212. Christine M. Jones v. Jerry A. Jones, from Faulkner Chancery. Respondent's petition for reconsideration and clarification of order.

97-234. United Insurance Company of America and Mark Burcham v. Ann Murphy, from Crittenden Circuit. Appellee's motion to file enlarged brief.

CR96-733. David Spann v. State of Arkansas, from Perry Circuit. Argued orally.

96-544. Vickie Vice v. Lena Loraine Andrews, from Ashley Chancery. Argued orally.

96-562. TB of Blytheville, Inc. v. Little Rock Sign & Emblem, Inc., from Mississippi Circuit, Chickasawba District. Argued orally.

96-606. Matson, Inc. v. Lamb & Associates Packaging, Inc., from Pulaski Circuit, Third Division. Argued orally.

96-608. Terry Angle et al. v. Jerry Alexander et al., from Benton Circuit. Argued orally.

CR96-820. Rodney Bragg v. State of Arkansas, from Nevada Circuit.

96-1129. Thomas B. Stueart v. Arkansas State Police Commission, from Pulaski Circuit, Second Division.

96-1423. Paul E. Hopper v. Tom Garner, from Izard Circuit.

96-1554. Direct Insurance Company v. Jolanda Lane, from Pulaski Circuit, Fifth Division.