ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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329 Ark.

Opinions delivered
September 25, 1997


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Benedict v. National Bank of Commerce (Glaze, J.) 96-1339
Civil procedure -- Appellant required to filed notice of appeal within thirty days after entry of order; appeal dismissed as untimely. [ASCII, WP5.1]

Bradford v. State (Imber, J.) CR97-113
Criminal procedure -- Trial held outside applicable speedy-trial period; State's failure to meet its burden of proving that delay was result of defendant's conduct resulted in reversal. [ASCII, WP5.1]

Cates v. State (Newbern, J.) CR97-263
Jurisdiction -- Presumption favoring place where charge filed; appellant's jurisdictional claim without merit. [ASCII, WP5.1]

Covin v. State (Per Curiam) CR97-1035
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Dirickson v. State (Arnold, C.J.) CR97-224
Motions -- Appellant had burden of proving existence of mental disease or defect; appellant failed to secure information necessary for such defense; trial court's denial of appellant's motions for expert funds and continuance not abuse of discretion. [ASCII, WP5.1]

Dority v. State (Thornton, J.) CR97-66
Criminal procedure -- Probation revocation; appellant had no right to hearing within twelve months; trial court's finding that violations were inexcusable upheld. [ASCII, WP5.1]

Graydon v. State (Corbin, J.) CR97-271
Criminal law -- Rape-shield statute; trial court's decision to deny admission of proffered evidence upheld. [ASCII, WP5.1]

Jones v. State (Corbin, J.) CR97-351
Criminal procedure -- Speedy trial; delays granted at appellant's request; denial of motion to dismiss affirmed. [ASCII, WP5.1]

Morris v. State (Per Curiam) CR97-1003
Appeal & error -- Motion for belated appeal; good cause for granting. [ASCII, WP5.1]

Rains v. State (Corbin, J.) CR97-245
Criminal law -- Sexual offenses; attempted rape; State need not prove when and where each act occurred; time not essential element; evidence sufficient to sustain convictions on two counts. [ASCII, WP5.1]

Sherrill v. State (Glaze, J.) CR97-335
Motions -- Directed-verdict motion properly denied; evidence presented was overwhelming and unrebutted. [ASCII, WP5.1]

State v. Hart (Arnold, C.J.) CR97-168
Criminal procedure -- Issue presented by State's appeal involved mixed question of law and fact; appeal under Ark. R. Crim. P. 36.10 not accepted by supreme court. [ASCII, WP5.1]

Warren v. State (Per Curiam) CR97-166
Contempt -- Counsel's conduct warranted no finding of contempt. [ASCII, WP5.1]

APPENDIX

In Re: Administrative Order Number 10: Arkansas Child Support Guidelines (Per Curiam) [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Baker v. State, CR 96-502 (Per Curiam), Pro Se Motion for Appointment of Counsel granted; rebriefing ordered September 25 1997.

Clay v. State, CR 96-877 (Per Curiam), affirmed September 25, 1997.

Garner v. State, CR 97-643 (Per Curiam), Pro Se Motion for Rule on Clerk and Pro Se Motion for Appointment of Counsel denied; Pro Se Motion for Duplication of pleadings moot September 25 1997.

Mayzes v. State, CR 96-936 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed September 25 1997.

Van v. State, CR 96-1144 (Per Curiam), Pro Se Motion for Amended Appeal denied September 25 1997.

Wilson v. Cass, 97-430 (Per Curiam), Pro Se Motion to File Belated Reply Brief granted; Pro Se Motion to Proceed In Forma Pauperis moot September 25 1997.

PER CURIAM ORDERS

CR97-166. Excel Warren v. State of Arkansas, from Pulaski Circuit, Seventh Division. Belated appeal granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-1003. Thomas E. Morris v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk to lodge transcript. Treated as motion for belated appeal; motion granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-1003. Thomas E. Morris v. State of Arkansas, from Faulkner Circuit. Pro se motion for rule on clerk to lodge transcript. Moot.

CR97-1003. Thomas E. Morris v. State of Arkansas, from Faulkner Circuit. Motion of Alvin D. Clay to be relieved as counsel of record is denied.

CR97-306. Patricia L. Finch v. State of Arkansas, from Benton Circuit. Appellee's motion to remand is granted.

CR97-1035. Colandra J. Covin v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-1043. James Jameson v. State of Arkansas, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record is granted.

97-658. Charles Edgar Back v. Lee J. Beasley, from Garland Circuit. Petition for writ of certiorari to complete the record is granted.

97-658. Charles Edgar Back v. Lee J. Beasley, from Garland Circuit. Appellant's motion to stay brief time is granted.

97-667. Jimmy Dale Swink, Jr. and First American Securities, Inc. v. Gerald Giffen et al., from Pulaski Chancery, Sixth Division. Appellants' motion for reconsideration is granted. Motion to view record is granted. Imber, J., not participating.

97-667. Jimmy Dale Swink, Jr. and First American Securities, Inc. v. Gerald Giffen et al., from Pulaski Chancery, Sixth Division. Appellants' motion to expedite motion for reconsideration is granted. Imber, J., not participating.

97-775. Ray Hanley v. Arkansas State Claims Commission et al., from Pulaski Circuit, Fourth Division. Appellant's application for temporary relief is granted.

96-843. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Separate appellant Employers' Surplus Lines Insurance Company motion for additional time to argue orally. Each side granted 30 minutes. Glaze and Corbin, JJ., not participating.

96-843. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Appellee's motion to change date of oral argument is denied. Glaze and Corbin, JJ., not participating.

96-1173. State Board of Higher Education v. Board of Trustees of the University of Arkansas, from Faulkner Circuit. Appellant's motion to dismiss appeal is granted. Arnold, C.J., and Newbern and Brown, JJ., not participating. (Proceedings of September 19, 1997)

CR96-502. Terrell Demond Baker v. State of Arkansas, from Pulaski Circuit. Pro se motion for appointment of counsel is granted; rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED)

CR96-936. Victor J. Mayzes v. State of Arkansas, from Lincoln Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR96-1144. Lamont Van v. State of Arkansas, from Pulaski Circuit. Pro se motion for amended appeal. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-643. Michael D. Garner v. State of Arkansas, from Stone Circuit. Pro se motion for rule on clerk and pro se motion for appointment of counsel denied; pro se motion for duplication of pleadings moot. See per curiam this date. (2 PAGES UNPUBLISHED)

97-430. Kenneth Ray Wilson v. Terry Cass, from Jefferson Circuit. Pro se motion to file belated reply brief granted; pro se motion to proceed in forma pauperis moot. See per curiam this date. (2 PAGES UNPUBLISHED)

In Re: Administrative Order Number 10: Arkansas Child Support Guidelines. See per curiam this date. Newbern, J., dissents. (15 PAGES PUBLISHED)Notice: These files do not yet contain the charts and forms for the guidelines. They will be available here as soon as possible. [ASCII, WP5.1]

MOTIONS SUBMITTED

CR97-399. Robin K. Schlesier v. State of Arkansas, from Monroe Circuit. Court Reporter Nila J. Keels is ordered to appear and show cause today at 9:00 a.m.

CR96-955. Brian John White v. State of Arkansas, from Benton Circuit. Appellee's motion to renumber transcripts and file substituted brief.

CR97-117. Riley Dobi Noel v. State of Arkansas, from Pulaski Chancery, Fourth Division. Appellee's motion to file enlarged brief.

CR97-403. Robert Sherman Robinson v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement abstract.

96-635. Billy J. Armstrong and Service Brokerage Company, Inc. v. Harvest Foods, Inc. and Harry J. Janson, from Pulaski Circuit, Seventh Division. Appellants' motion to dismiss appeal.

97-1083. In the Matter of Petition to Adopt Model Rule on Sale of a Law Practice, an original action. Petition to adopt Model Rule 1.17 of the American Bar Association.

SUBMISSIONS

96-1048. Mike Wilson v. Pulaski Association of Classroom Teachers, from Pulaski Chancery, Sixth Division. Argued orally.

96-1374. Larry Donald Lovell, Sr. v. Herbert Bartlett, from Poinsett Circuit. Argued orally.

CR97-195. Monroe McGee v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR97-401. Willie Gaster Davis v. State of Arkansas, from Desha Circuit, Arkansas City District.

CR97-422. Donale Peter Nahlen v. State of Arkansas, from Pulaski Circuit, Second Division.

CR97-436. Sophocles Lovett v. State of Arkansas, from Jefferson Circuit.

CR97-494. Richard Burris v. State of Arkansas, from Crawford Circuit.

CR97-499. Collin A. Pyron v. State of Arkansas, from Washington Circuit.

CR97-509. David Ray Mulkey v. State of Arkansas, from Pulaski Circuit, Seventh Division.

97-241. Tommy Crawford v. Arkansas Department of Human Services, from Benton Chancery.