Opinions delivered
June 9, 1997
Chlanda v. Killebrew (Thornton, J.) 96-1382
Attorney & client -- Proof required for award of
attorney's fees under Ark. Code Ann. § 16-22-309 (a)(1) and
Ark. R. Civ. P. 11; disputed factual issues remained unanswered;
award of attorney's fees reversed and remanded.
[ASCII,
WP5.1]
Hodge v. State (Per Curiam) CR97-406
Appeal & error -- Failure to abstract prejudicial
parts precludes consideration of videotape on appeal; motion for
leave to abstract denied.
[ASCII,
WP5.1]
Hood v. State (Imber, J.) CR96-103
Criminal law -- Voluntariness of confessions;
misrepresentations of fact do not necessarily render otherwise
voluntary confessions inadmissible; officers' statements not
contrary to basic notions of fairness; statements not improper;
appellant's statement made voluntarily.
[ASCII,
WP5.1]
James v. State (Per Curiam) CR97-311
Attorney & client -- Appropriate steps to be
relieved as counsel not taken; portion of motion requesting supreme
court to appoint another attorney denied.
[ASCII,
WP5.1]
Love v. Smackover Sch. Dist. (Corbin, J.) 97-20
Schools & school districts -- Actions pursuant to
Teacher Fair Dismissal Act are actions in contract for labor or
services; attorney's fees may be awarded; federal decision was
erroneous interpretation of state law.
[ASCII,
WP5.1]
Mixon v. State (Per Curiam) CR97-452
Appeal & error -- Motion for belated appeal; good
cause for granting.
[ASCII,
WP5.1]
Porter v. Porter (Thornton, J.) 97-228
Appeal & error -- Burden is on appealing party to
provide both record and abstract sufficient for review; abstract
flagrantly deficient; case affirmed.
[ASCII,
WP5.1]
State v. Ross (Newbern, J.) 97-205
Appeal & error -- Supreme court will not reverse on
issue not presented at trial; argument could not be considered on
appeal.
[ASCII,
WP5.1]
Stueart v. Arkansas State Police Comm'n (Thornton, J.) 96-1129
Administrative law & procedure -- Appellee State
Police Commission failed to follow its own rules; unlawful-
procedure standard of review; appellee Commission's failure to
follow its own regulations deprived appellant of rights that
procedure was designed to protect; decision to terminate appellant
reversed; reinstatement directed.
[ASCII,
WP5.1]
Williams v. State (Brown, J.) CR97-33
Evidence -- Ark. R. Evid. 806 not applicable;
credibility of appellant's first statement not attacked; trial
court did not abuse discretion in denying introduction of second
statement; sufficient corroborative proof offered by victim's
testimony and appellant's statement.
[ASCII,
WP5.1]
Crisco v. State (Brown, J.) CR96-713
Appeal & error -- Petition for rehearing granted;
case reversed and remanded.
[ASCII,
WP5.1]
In Re: Client Security Fund Committee Appointments (Per Curiam) [ASCII, WP5.1]
In Re: Johnson (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Committee on the Unauthorized Practice of Law (Per Curiam) [ASCII, WP5.1]
Clay v. State, CR 96-877 (Per Curiam), Pro se motion for Appointment of Counsel and to Supplement Appellant's Brief denied June 9, 1997.
Cooper v. State, CR 96-880 (Per Curiam), Pro Se Motion for Appointment of Counsel and to Supplement Appellant's Brief denied June 9, 1997.
Gordon v. State, CR 96-878 (Per Curiam), Pro Se Motion for Appointment of Counsel and to Supplement Appellant's Brief denied June 9, 1997.
Mackintrush v. State, CA CR 95-1346 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied June 9, 1997.
McCready v. State, CR 96-763 (Per Curiam), affirmed June 9, 1997.
Moten v. State, CR 96-879 (Per Curiam), Pro Se Motion for Appointment of Counsel and to Supplement Appellant's Brief denied June 9, 1997.
Wells v. State, 97-60 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted; final extension June 9, 1997.
REHEARING GRANTED: Petition for rehearing was granted today in the following case.
CR96-713. Keith Crisco v. State of Arkansas, from Lonoke Circuit. See supplemental opinion. (1 PAGE PUBLISHED) [ASCII, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR96-10. Joe E. Edwards v. State of Arkansas, from Washington Circuit.
CR96-907. Thomas Scott Puckett v. State of Arkansas, from Mississippi Circuit, Osceola District.
CR96-1466. Phillip Travis v. State of Arkansas, from Pulaski Circuit, Fourth Division.
97-132. Pulaski County Child Support Enforcement Unit v. Orville S. Norem, Jr., from Pulaski Chancery, Third Division.
REVIEW GRANTED: Petition for review was granted today in the following case.
97-533. Teresa Spainhour v. Dover School District, from Pope Circuit.
CR96-278. Craig Burkhalter v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to extend time for completing transcript is denied. Glaze and Corbin, JJ., would appoint new attorney.
CR96-1167. Anthony Smith v. State of Arkansas, from Marion Circuit. Appellee's motion to strike portion of appellant's supplemental abstract and reply brief is denied. State granted thirty days to respond to new points raised.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal is denied.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated brief is granted.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Ronald C. Wilson for reconsideration of motion to withdraw as attorney for appellant is granted.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of David O. Bowden for substitution of counsel is granted. Brief due July 9, 1997.
CR97-311. Alfred Fred James v. State of Arkansas, from Pulaski Circuit, Seventh Division. Second motion for rule on clerk is granted in part and denied in part. See per curiam this date. (3 PAGES PUBLISHED) [ASCII, WP5.1]
CR97-406. Aaron Michael Hodge v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion for leave of the court to not abstract videotape exhibit and audiotape exhibit is denied. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR97-417. Clint Lammers v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to relieve J. Bradley Green as attorney for appellant is granted.
CR97-452. Clarence Mixon v. State of Arkansas, from Miller Circuit. Motion for rule on clerk. Treated as motion for belated appeal; motion granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
96-992. Doyle Massongill v. County of Scott, Arkansas et al., from Scott Chancery. Joint motion to substitute and consolidate records on appeal is granted.
97-91. Melvin David Murrell et al. v. Springdale Memorial Hospital et al., from Washington Circuit. Appellant's motion to supplement abstract is granted. Any cost is assessed against appellant. Appellees given fifteen days to respond.
97-375. Chickasaw Chemical Company v. Thom E. Beasley, Administrator et al., from St. Francis Circuit. Appellant's motion for reconsideration is denied. Appellee's motion for attorney's fees is denied.
97-375. Chickasaw Chemical Company v. Thom E. Beasley, Administrator et al., from St. Francis Circuit. Appellant's motion for extension of time to complete record. Moot.
97-556. Terence Watts v. Billy Ray Wilson and Howard Trucking Company, from Jefferson Circuit. Appellees' motion to dismiss appeal is granted.
97-559. McLane Company, Inc. v. Richard A. Weiss, Director of the Arkansas Department of Finance and Administration et al., from Pulaski Chancery, Second Division. Appellees' motion to dismiss appeal is denied.
97-566. Rusty Roebuck and Gene Roebuck v. Marcia Hillard, from Craighead Circuit, Western District. Motion for rule on clerk or to file a belated appeal is denied.
CR96-877. Michael Clay v. State of Arkansas, from Crittenden Circuit. Pro se motion for appointment of counsel and to supplement appellant's brief. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR96-878. Ulonzo Gordon v. State of Arkansas, from Crittenden Circuit. Pro se motion for appointment of counsel and to supplement appellant's brief. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR96-879. Jeremy Moten v. State of Arkansas, from Crittenden Circuit. Pro se motion for appointment of counsel and to supplement appellant's brief. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR96-880. James Cooper, Jr. v. State of Arkansas, from Miller Circuit. Pro se motion for appointment of counsel and to supplement appellant's brief. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
97-60. Arnold Wells v. State of Arkansas, 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)
CACR95-1346. Juponda Mackintrush v. State of Arkansas, from Pulaski Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
In Re: Karen King Johnson, Arkansas Bar ID #84084. Surrender of license. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
In Re: Client Security Fund Committee Appointments. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
Judith A. DeSimone of Pine Bluff, Fourth Congressional District, is hereby reappointed to the Client Security Fund Committee for a five year term to expire July 31, 2002.
The Court thanks Ms. DeSimone for accepting reappointment to this most important Committee.
In Re: Supreme Court Committee on the Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
Henry Hodges, Esq., of Little Rock, Second Congressional District, and K. LeAnne Daniel, Attorney-at-Law, of Arkadelphia, Fourth Congressional District, are hereby reappointed to the Committee on the Unauthorized Practice of Law for three-year terms to expire on May 31, 2000. Sharon Prassey of Little Rock is hereby appointed to an at-large, non-lawyer position on the Committee for a three-year term to expire on May 31, 2000.
The Court expresses thanks to Mr. Hodges and Ms. Daniel for accepting reappointment and to Ms. Prassey for accepting appointment to this most important Committee. The Court expresses its gratitude to William R. Russell of Sherwood, whose term has expired, for his service on this Committee.
PETITIONS FOR REVIEW:
97-552. Theresa Wallace v. Southwestern Sales, from Workers' Compensation Commission.
97-557. Michelle Young Smith v. Rodney Smith, from Randolph Chancery.
97-572. Larry Gray v. Director, Employment Security Division and Cedar Chemical Corporation, from Board of Review.
CR83-98. David Lee Allen v. State of Arkansas, from Crittenden Circuit. Petition for writ of error coram nobis.
CR96-10. Joe E. Edwards v. State of Arkansas, from Washington Circuit. Appellant's motion to stay mandate.
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellant's motion to dismiss direct appeal.
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellant's motion to stay brief time.
CR96-1263. Vincent Hopes v. Larry Norris, Director, Arkansas Department of Correction, from Pulaski Circuit, Fourth Division. Motion for belated appeal.
CR97-306. Patricia Louise Finch v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement record.
CR97-399. Robin K. Schlesier v. State of Arkansas, from Monroe Circuit. Second motion for rule on clerk.
CR97-399. Robin K. Schlesier v. State of Arkansas, from Monroe Circuit. Petition for writ of certiorari to complete the record.
96-940. Randy Porter v. David L. Harshfield, Jr., M.D., from Pulaski Circuit, Third Division. Argued orally.
96-953. Stephen G. Scollard v. Garrett S. Scollard, from Pulaski Circuit, Fifth Division. Argued orally.
96-992. Doyle Massongill v. County of Scott et al., from Scott Chancery. Argued orally.
96-1438. Gerald Schenebeck, Executor v. Estate of James E. Schenebeck et al., from Lonoke Probate.
97-52. Sexton Law Firm, P. A. v. Phillip J. Milligan, from Sebastian Chancery, Fort Smith District.
97-109. Garry Doty v. Ida J. Bettis, from Poinsett Circuit.
97-258. Aluminum Company of America v. Richard A. Weiss, Director, Arkansas Department of Finance and Administration, from Pulaski Chancery, Fourth Division.