Opinions delivered
October 16, 1997
Akins v. State (Newbern, J.) CR96-352
Attorney & client -- Defendant's assertion of his
right to represent himself accompanied by motion for continuance;
trial court erred in denying appellant right to represent himself;
case reversed and remanded.
[ASCII,
WP5.1]
Barber v. Watson (Corbin, J.) 97-77
Property -- Restrictive covenants; amended bill of
assurance not timely filed and not valid.
[ASCII,
WP5.1]
Brown v. State (Glaze, J.) CR97-376
Prohibition, writ of -- Disputed facts in issue;
supreme court declined to issue writ.
[ASCII,
WP5.1]
Eoff v. Warden (Glaze, J.) 97-221
Landlord and tenant -- Appellee failed to show that
landlord undertook duty to maintain or repair premises; trial judge
erred in denying appellant's directed-verdict motion.
[ASCII,
WP5.1]
McIntosh v. State (Per Curiam) CR97-1161
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Mega Life and Health Ins. Co. v. Jacola (Imber, J.) 96-1343
Action -- Class action; trial court did not err in
finding that appellees had fulfilled adequacy, typicality,
predominance, commonality, superiority, and numerosity
requirements.
[ASCII,
WP5.1]
Office of Child Support Enforcem't v. Ragland (Imber, J.) 96-888
Civil procedure -- Action to reduce past-due child
support arrearages not new cause of action; Ark. R. Civ. P. 5(a)
governs service.
[ASCII,
WP5.1]
Rice v. State (Brown, J.) 97-295
Juveniles -- Juvenile transfer; clear and
convincing evidence that appellant should be tried as adult; theft
charge dismissed for lack of jurisdiction.
[ASCII,
WP5.1]
Slaton v. Slaton (Imber, J.) 97-337
New trial -- Order expressed in general terms
affirmed if supported on any ground; Ark. R. Civ. P. 59 (a)(6)
motion cannot bring into record that which does not otherwise
appear.
[ASCII,
WP5.1]
Smith v. Galaz (Arnold, C.J.) 97-281
Damages -- Proof supported conclusion that appellee
suffered permanent injury that changed her life; verdict not
excessive.
[ASCII,
WP5.1]
Guss v. State, CR 96-905 (Per Curiam), affirmed October 16, 1997.
Morris v. Norris, 96-1190 (Per Curiam), Pro Se Motion to File Supplemental Abstract and Brief, granted October 16, 1997.
Owens v. State, CR 97-163 (Per Curiam), Joint Pro Se Motion for Extension of Time to File Appellant's Brief, granted October 16, 1997.
Partin v. State, CR 93-682 (Per Curiam), Pro Se Motion for Reconsideration, denied October 16, 1997.
Reyes v. State, CR 96-1385 (Per Curiam), Joint Pro Se Motion for Transcript at Public Expense, denied October 16, 1997.
Rose v. State, CR 96-1049 (Per Curiam), affirmed October 16, 1997.
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR96-1232. Brian John White v. State of Arkansas, from Benton Circuit. Corbin, J., not participating.
CR97-53. Michael Henderson v. State of Arkansas, from Pulaski Circuit, First Division.
CR97-123. Richard O. Gooden, Jr. v. State of Arkansas, from Faulkner Circuit.
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
97-1057. Anna Malone v. Texarkana Public Schools; Sedgwick James of Arkansas, Inc., from Workers' Compensation Commission.
97-1134. Liberty Mutual Insurance Company v. Cleophus Thomas, from Desha Circuit, Arkansas City District.
CR97-447. Michael Whitten v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Ronald Carey Nichols to be relieved as attorney for appellant is denied.
CR96-955 and CR96-1233. Brian John White v. State of Arkansas, from Benton Circuit. Appellant's motion to conform is granted. Corbin, J., not participating.
CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h) is granted.
CR97-525. Evote Humphrey v. State of Arkansas, from Lafayette Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h) is granted.
CR97-582. Derrick Harris v. State of Arkansas, from Drew Circuit. Appellee's motion for compliance with Arkansas Supreme Court Rule 4- 3(h) is granted.
CR97-593. State of Arkansas v. John Edward Johnson, from Pulaski Circuit, First Division. Appellee's motion to file a belated brief is granted.
CR97-655. Pearl Gennette Anthony v. State of Arkansas, from Hempstead Circuit. Appellant's motion for appointment of counsel on appeal is granted upon filing of affidavit of indigency with this court.
CR97-835. Dan Chris Ivy v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal is granted as moot.
CR97-976. Mack Langford v. State of Arkansas, from Faulkner Circuit. Appellant's motion for appointment of counsel on appeal is granted upon filing of affidavit of indigency with this court.
CR97-1111. State of Arkansas v. Kevin Eddins, Harry Bonds, and Louis Colley, from Woodruff Circuit. Petition for writ of certiorari is granted. See State v. Vasquez-Arreola, 327 Ark. 617, 940 S.W.2d 451 (1997).
CR97-1161. Robert Say McIntosh v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
96-894. ACW, Inc. et al. v. Richard Weiss, Director of the Arkansas Department of Finance and Administration and John Theis, Commissioner of Revenue, from Pulaski Chancery, Fifth Division. Appellants' motion for taxation of costs. Granted $2,061.50.
97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellant's motion for extension of time to respond to motion to dismiss appeal is granted. Response due October 24, 1997. 97-749. Glen Higginbotham v. Junction City School District et al., from Union Circuit. Appellees' motion and amended motion to file belated brief is granted.
97-775. Ray Hanley v. Arkansas State Claims Commission et al., from Pulaski Circuit, Seventh Division. Appellees' motion to reconsider order granting application for temporary relief is denied.
97-828. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission. Appellee's motion to file supplemental brief is granted.
97-828. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission. Motion of Arkansas Self-Insurers Association to file amicus curiae brief is granted. Brown, J., not participating.
CR93-682. Stephen M. Partin v. State of Arkansas, from Miller Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR96-1385. Rogelio Reyes and Basilio Reyes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Joint pro se motion for transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-163. Gary D. Owens and Judy C. Owens v. State of Arkansas, from Franklin Circuit. Joint pro se motion for extension of time to file appellant's brief. Motion granted. (Final extension). See per curiam this date. (2 PAGES UNPUBLISHED)
96-1190. Herman L. Morris v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion to file supplemental abstract and brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)
PETITION FOR REHEARING:
CR97-135. Belynda Faye Goff v. State of Arkansas, from Carroll Circuit, Eastern District.
PETITION FOR REVIEW:
CR97-1166. Mark Travis v. State of Arkansas, from Lawrence Circuit.
TEN96-108. Jesse Dewayne Wickliffe v. State of Arkansas, from Pulaski Circuit, Sixth Division. Attorney A. Wayne Davis is ordered to appear and show cause today at 9:00 a.m.
CR97-1006. James Keith London v. State of Arkansas, from Jackson Circuit. Motion to amend record to indicate attorney for appellant and reset briefing schedule.
97-748. Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Property Owners Multi-Purpose Improvement District No. 9 and Capitol Development of Arkansas, Inc., from Pulaski Chancery, Second Division. Appellant's motion to supplement record.
97-1028. Farm Bureau Policy Holders and Members v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. and Southern Farm Bureau Casualty Insurance Company, from Chicot Chancery. Motion of appellant, Dennis Lee, to stay briefing schedule.
96-1465. George Hankins v. Department of Finance and Administration et al., from Pulaski Circuit, Third Division. Argued orally.
CR96-803. Nathaniel Thomas v. State of Arkansas, from Pulaski Circuit, Second Division.
CR97-59. Willie L. Green v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR97-460. State of Arkansas v. Mike Gray, from Randolph Circuit.
96-1403. Arkansas State Highway Commission v. Charles K. Post and Shelby Jean Post, Husband and Wife, and First Financial Savings and Loan, from Union Circuit.
97-340. Twenty-Five Residents of Sevier County v. Arkansas Highway and Transportation Commission, from Pulaski Circuit, Fifth Division. 97-344. Floyd Wilson v. J. Wade Quinn Company, Inc., from Craighead Circuit, Western District.
97-349. Barbara J. Beatty v. USAA Casualty Insurance Company, from Pulaski Circuit, Seventh Division.
97-350. Larry Jones v. James D. Parrish, from Crawford Circuit.