ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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330 Ark.

Opinions delivered
December 18, 1997


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Brown v. Department of Human Servs. (Arnold, C.J.) 97-479
Administrative law & procedure -- Arguments not presented to agency not considered on appeal. [ASCII, WP5.1]

Calcagno v. Shelter Mut. Ins. Co. (Corbin, J.) 97-45
Limitation of action -- Insurance agent's negligence; period begins to run on date act was committed.; appellant's claim precluded; failure to inform of availability of uninsured motorist coverage triggers coverage by operation of law. [ASCII, WP5.1]

Crittenden Hosp. Ass'n v. Bd. of Equalization (Arnold, C.J.) 97-43
Taxation -- Public-purpose exemption inapplicable; appellant failed to prove building and lot used exclusively for public purposes; assessor not bound by agreement signed by county judge. [ASCII, WP5.1]

Darrough v. State (Brown, J.) CR96-1514
Criminal law -- Possession of controlled substance; constructive possession sufficient; jury's verdict supported by substantial evidence. [ASCII, WP5.1]

Dougan v. State (Imber, J.) CR97-189
Evidence -- Pedophile exception to rules of evidence; no abuse of discretion in trial court's allowing evidence of prior instances of sexual misconduct; erroneously admitted hearsay cumulative of other evidence admitted without objection; no reversal. [ASCII, WP5.1]

Henderson v. Henderson (Per Curiam) 97-699
Appeal & error -- Only one appeal timely; all untimely appeals dismissed. [ASCII, WP5.1]

M. H. v. State (Per Curiam) 97-1439
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

McAdams v. Pulaski County Circuit Court (Per Curiam) 97-1467
Mandamus -- Petition signed by party who was not licensed attorney; writ denied. [ASCII, WP5.1]

Sanders v. State (Per Curiam) CR97-961
Appeal & error -- Motion for belated appeal granted contingent on original counsel's motion to be relieved; request should be made for substitution of newly retained counsel. [ASCII, WP5.1]

Schueck v. Burris (Arnold, C.J.) 97-465
Negligence -- Sufficient proof for finding that appellee sustained damages caused by appellant's negligence; trial court's finding not clearly erroneous; appellant aware of contract claim; trial judge did not err in treating issue as if it were raised in pleadings. [ASCII, WP5.1]

Seek v. State (Thornton, J.) CR97-472
Criminal procedure -- Greater sentence than expected; not grounds for withdrawing plea; appellant's pleas were intelligently and voluntarily entered. [ASCII, WP5.1]

Steward v. McDonald (Thornton, J.) 97-137
Landlord & tenant -- Landlord's liability for physical harm caused to tenant and others; no duty under which to impose liability on appellants as landlords; misinterpretation of law constituted abuse of discretion; order granting new trial reversed; appeal dismissed. [ASCII, WP5.1]

Street v. State (Per Curiam) TEN97-1
Appeal & error -- Motion to dismiss; good cause for granting. [ASCII, WP5.1]

Tri-County Funeral Serv., Inc. v. Eddie Howard Funeral Home, Inc. (Newbern, J.) 97-220
Business & commercial law -- Unfair competition; appellant had acquired name as valid trade name with obvious secondary meaning; purported revocation of permission to use name without effect; name not previously appropriated when appellant began using it; no protection given surname until it acquired secondary meaning; sufficient proof presented; appellant entitled to injunctive relief. [ASCII, WP5.1]

White v. State (Brown, J.) CR97-955
Evidence -- Exclusion of medical record; no abuse in trial court's finding that testimony to establish foundation was inadequate; collateral testimony; trial court did not abuse discretion in refusing. [ASCII, WP5.1]

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

State v. Gray (Per Curiam) CR97-460
Appeal & error -- Appeal by State; issues did not involve correct and uniform administration of justice; appeal correctly dismissed; petition denied. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Baker v. State, CR 97-1050 (Per Curiam), Pro Se Motion to be Declared Indigent, for Appointment of Counsel, and to Obtain Transcript at Public Expense, granted December 18, 1997.

Block v. Griffin, CR 97-1340 (Per Curiam), Pro Se Petition for Writ of Mandamus, moot December 18, 1997.

Brown v. State, CR 94-1430 (Per Curiam), Pro se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis, denied December 18, 1997.

Orsini v. State, CR 83-66 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis, denied and Pro Se Motion for Duplication of Petition, moot; December 18, 1997.

PER CURIAM ORDERS

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

CR97-460. State of Arkansas v. Mike Gray, from Randolph Circuit. See supplemental opinion. Glaze, J., dissents. (2 PAGES + 2 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

97-48. J & J Bonding v. State of Arkansas, from Pope Circuit.

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97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellee's motion to dismiss appeal is granted in part. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellant's motion to strike motion to dismiss appeal and motion for Rule 11 sanctions. Other request for relief denied.

97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellant's motion to strike appellee's response to appellant's motion to strike and for Rule 11 sanctions is denied.

TEN97-1. Linda Street v. State of Arkansas, from Jackson Circuit. Appellee's motion to dismiss appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

97-1467. B.J. McAdams, Managing Agent for Colonial Ballroom, Inc. v. Pulaski County Circuit Court, from Pulaski Circuit, Fifth Division. Expedited petition for an extraordinary writ of mandamus. Writ denied. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-930. Don Mallett v. State of Arkansas, from Baxter Circuit. Petition for writ of certiorari to complete the record. Granted 30 days.

CR97-961. Anthony Sanders v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for belated appeal is granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-1454. Ronald Newby v. State of Arkansas, from Perry Circuit. Appellant's motion for extension of time to file transcript. Granted 30 days. Writ of certiorari issued to clerk.

96-1096. Union Pacific Railroad and T. P. Spoon v. Jonathan Sharp and Aristea Sharp, from Lee Circuit. Appellees' motion to withdraw exhibits is granted provided copies are substituted.

97-259. Arkansas Health Services Agency et al. v. Desiderata, Inc., from Pulaski Circuit, Fifth Division. Motion of Arkansas Health Services Commission to substitute counsel is granted.

97-1439. M. H. v. State of Arkansas, from Union Circuit. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 PAGES PUBLISHED) [ASCII, WP5.1]

CR96-780. Rafael Camargo v. State of Arkansas, from Crawford Circuit. Petition for stay of execution is granted.

CR96-528. Bobby G. Thomas v. State of Arkansas, from Miller Circuit. Pro se motion to file belated appellant's brief is granted.

CR97-993. Paul Emery v. State of Arkansas, from Jackson Circuit. Pro se motion to file belated pro se brief is granted.

CR83-66. Mary Lee Orsini v. State of Arkansas, from Pulaski Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis and pro se motion for duplication of petition. Petition for leave to proceed with petition for writ of error coram nobis denied; motion for duplication of petition moot. See per curiam this date. Glaze, J., concurs. (4 PAGES UNPUBLISHED)

CR94-1430. Elizabeth Gammon Brown v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. Glaze, J., concurs. (5 PAGES UNPUBLISHED)

CR97-1050. Kevin D. Baker v. State of Arkansas, from Polk Circuit. Pro se motion to be declared indigent, for appointment of counsel, and to obtain transcript at public expense. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1340. John E. Block v. Honorable Joe Griffin, Judge, from Hempstead Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

MOTIONS SUBMITTED

PETITION FOR REVIEW:

97-1469. Lyn Sheridan v. Kallsnick, Inc., from Workers' Compensation Commission.

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CR97-1048. Altricia Muhammad v. State of Arkansas, from Clark Circuit. Attorney Greg Bryant is ordered to appear and show cause today at 9:00 a.m.

CR97-406. Aaron Michael Hodge v. State of Arkansas, from Craighead Circuit, Western District. Motion of Alan Copelin to withdraw as attorney for appellant.

CR97-520. John Wesley Shaver v. State of Arkansas, from White Circuit. Appellee's motion to file belated brief.

CR97-1101. State of Arkansas v. David W. Babbs and Russell C. Conger, from Saline Circuit. Appellant's motion to file substituted brief.

CR97-1236. Robert Lovell Brown v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion for compliance with Arkansas Supreme Court Rule 4-3(h).

CR97-1276. Kathy Stewart v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to file supplemental brief.

CR97-1276. Kathy Stewart v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file supplemental brief.

97-1007. Beverly Enterprises-Arkansas, Inc. v. Arkansas Health Services Agency et al., from Pulaski Circuit, Third Division. Appellee's motion requesting oral argument.

97-1456. G. W. Anderson and Shirley Anderson v. Montgomery Ward & Company, Inc., from Stone Circuit. Motion for rule on clerk to lodge transcript.

SUBMISSIONS

CR97-712. Paul Frette v. City of Springdale, from Washington Circuit. Argued orally.

97-72. Michael Dean v. Dick Tallman et al., from Sevier Chancery. Argued orally.

97-252. Agricultural Group, Compensation Self-Insured Fund v. Hon. Tom Smitherman, Judge, from Polk Circuit. Argued orally.

CR96-33. Darrel Hill v. State of Arkansas, from Montgomery Circuit.

CR97-247. James Munson v. State of Arkansas, from Faulkner Circuit.

CR97-547. Ray Renfro v. State of Arkansas, from Craighead Circuit, Eastern District.

CR97-716. George Landreth v. State of Arkansas, from Calhoun Circuit.

CR97-1166. State of Arkansas v. Mark Travis, from Lawrence Circuit.