Opinions delivered
March 5, 1998
Etoch v. State (Arnold, C.J.) 97-627
Contempt -- Criminal; contempt holding supported by
substantial evidence; no error found.
[ASCII,
WP5.1]
Garrison v. City of North Little Rock (Glaze, J.) 97-642
Appeal & error -- Abstract flagrantly deficient;
case affirmed.
[ASCII,
WP5.1]
Johnson v. State (Per Curiam) CR97-1306
Appeal & error -- Postconviction appeal; not
necessary for appellant to request that record be supplemented with
trial transcript; motion moot.
[ASCII,
WP5.1]
Medlock v. State (Glaze, J.) CR97-865
Evidence -- Refusal to take chemical test probative
of issue of intoxication.
[ASCII,
WP5.1]
Nelson v. Timberline Int'l, Inc. (Thornton, J.) 97-439
Workers' compensation -- Second injury fund;
provisions of Ark. Code Ann. § 11-9-525 clear and unambiguous;
earlier statute deemed repealed by implication; prior decisions
overruled; reversed and remanded.
[ASCII,
WP5.1]
Pacee v. State (Per Curiam) CR90-285
Appeal & error -- Petitioner failed to
demonstrate that fundamental error extrinsic to record existed
which would have resulted in different verdict had fact been known
at trial; petition for writ of error coram nobis denied.
[ASCII,
WP5.1]
Porter v. State (Per Curiam) CR96-1477
Appeal & error -- Death cases; postconviction
relief; case remanded for hearing to develop facts surrounding
status of appellant's legal representation.
[ASCII,
WP5.1]
Pulaski County v. Jacuzzi Bros. Div. (Arnold, C.J.) 96-1333
Taxation -- Exemption from; city authorized to
issue bonds in furtherance of industrial development program;
maturity and payment of bonds did not independently trigger end of
exemption from ad valorem taxes; decision of trial
court affirmed.
[ASCII,
WP5.1]
Southall v. Little Rock Newspapers, Inc. (Corbin, J.) 97-400
Torts -- Defamation; appellant admitted truth of
statements in newspaper article; no defamatory implication;
evidence did not show that reporter had serious doubts about truth
of statements in article; summary judgment affirmed.
[ASCII,
WP5.1]
Stewart v. State (Imber, J.) CR97-1276
Appeal & error -- Officers' justification for
stopping appellant limited to her being in wrong place at wrong
time; trial court's finding that officer had reasonable suspicion
to stop appellant clearly against preponderance of evidence; trial
court's denial of motion to suppress reversed.
[ASCII,
WP5.1]
Wallace v. Broyles (Per Curiam) 97-170
Motions -- Summary judgment; appellee's argument
that wrong standard applied without merit; petition for rehearing
denied.
[ASCII,
WP5.1]
Watkins v. State (Per Curiam) CR98-160
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Wilson v. Fullerton (Glaze, J.) 97-358
Appeal & error -- Appellant waived right of appeal
by virtue of his execution efforts; appeal dismissed.
[ASCII,
WP5.1]
Wilson v. Neal (Imber, J.) 96-1524
Attorney & client -- Disbarment proceeding; trial
court erred in finding law of case mandated summary judgment;
finding that appellant violated Model Rule 8.4 (b) affirmed;
affirmed in part; remanded for sanction hearing.
[ASCII,
WP5.1]
In Re: Kuca (Per Curiam) [ASCII, WP5.1]
Buchanan v. State, CR 97-214 (Per Curiam), affirmed March 5, 1998. Kain v. Burnett, CR 97-1389 (Per Curiam), Pro Se Motion to Reconsider Petition for Writ of Mandamus moot March 5, 1998.
Mallett v. State, CR 97-930 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Set Appeal Bond denied March 5, 1998.
Moore v. State, CR 97-178 (Per Curiam), affirmed March 5, 1998.
Reece, Reginald v. Gunter, CR 98-93 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 5, 1998.
Reece, Reginald v. State, CR 98-2 (Per Curiam), Pro Se motion for Rule on Clerk denied March 5, 1998.
Willis v. State, CR 95-1218 (Per Curiam), Pro Se Motion to Reinstate Appeal granted March 5, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
96-1333. Pulaski County v. Jacuzzi Brothers Division, Smith Fiberglass Products, Merico (Act 9 Industries) and City of Little Rock, Arkansas, from Pulaski Circuit, First Division. Affirmed. Special Justice Paul Lindsey concurs. Newbern and Imber, JJ., dissent. (8 PAGES PUBLISHED 4 PAGE DISSENT) [ASCII, WP5.1]
97-627. Louis Etoch v. State of Arkansas, from Monroe Circuit. Affirmed. (7 PAGES PUBLISHED) [ASCII, WP5.1]
TOM GLAZE, JUSTICE:
CR97-865. John E. Medlock v. State of Arkansas, from Sebastian Circuit. Affirmed. (6 PAGES PUBLISHED) [ASCII, WP5.1]
97-358. David Wilson v. Arthur Fullerton and Bradley Motor Company, Incorporated, from Bradley Circuit. Dismissed on Direct Appeal; Affirmed in Part and Reversed and Remanded in Part on Cross Appeal. Newbern, Brown, and Imber, JJ., concur in part and dissent in part. (9 PAGES PUBLISHED 6 PAGE CONCURRENCE-DISSENT) [ASCII, WP5.1]
97-642. Jack Garrison et al. v. City of North Little Rock, from Pulaski Circuit. Affirmed. (4 PAGES PUBLISHED) [ASCII, WP5.1]
DONALD L. CORBIN, JUSTICE:
97-400. Jarrell E. Southall and Barbara J. Southall v. Little Rock Newspapers, Inc., and Bobbi Ridlehoover, from Pulaski Circuit, Third Division. Affirmed. Special Justice Holly Lodge Meyer joins in this opinion. Thornton, J., and Special Justice Keith N. Wood concur. Brown and Imber, JJ., not participating. (15 PAGES PUBLISHED 1 PAGE CONCURRENCE) [ASCII, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR97-1276. Kathy Stewart v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. (11 PAGES PUBLISHED) [ASCII, WP5.1]
96-1524. Jimmie L. Wilson v. James A. Neal, from Phillips Circuit. Affirmed in Part; Reversed and Remanded in Part. Special Justices Gene E. McKissic, Charles D. Barnette, and Jack T. Lassiter join in this opinion. Newbern, Glaze, and Corbin, JJ., not participating. (19 PAGES PUBLISHED) [ASCII, WP5.1]
RAY THORNTON, JUSTICE:
97-439. Alvin Nelson v. Timberline International, Inc.; Crum & Forster, Carrier; and Second Injury Fund, on Review from the Arkansas Court of Appeals. Reversed and Remanded. Glaze, J., concurs. Corbin and Imber, JJ., dissent. (17 PAGES PUBLISHED 3 PAGE CONCURRENCE, 4 PAGE DISSENT) [ASCII, WP5.1]
PER CURIAM OPINIONS:
CR96-1477. Calvin Porter v. State of Arkansas, from Jefferson Circuit. Remanded. (4 PAGES PUBLISHED) [ASCII, WP5.1]
CR97-178. Christopher Moore v. State of Arkansas, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED)
CR97-214. Jessie Lee Buchanan v. State of Arkansas, from Lee Circuit. Affirmed. (3 PAGES UNPUBLISHED)
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
97-170. Jacqueline Wallace, Individually et al. v. Frank Broyles et al., from Washington Circuit. See per curiam this date. (6 PAGES PUBLISHED) [ASCII, WP5.1]
96-843. Unigard Security Insurance Co. and Employers Surplus Lines Insurance Co. v. Murphy Oil USA, Inc., from Union Circuit. Glaze and Corbin, JJ., not participating.
97-408. Acxiom Corporation v. Timothy Leathers, Commissioner of Revenues, Department of Finance and Administration, from Pulaski Chancery, Fourth Division.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR98-124. Lester Lee Vann v. State of Arkansas, from Garland Circuit.
98-64. Tyrone H. Terrell v. Arkansas Trucking Services, Inc., from Workers' Compensation Commission. (appellant)
98-64. Tyrone H. Terrell v. Arkansas Trucking Services, Inc., from Workers' Compensation Commission. (appellee)
CR97-1306. Jerry Chris Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and for extension of time to file reply brief. Moot. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR97-306. Patricia Louise Finch v. State of Arkansas, from Benton Circuit. Appellant's motion to file supplemental abstract is granted.
CR97-1215. Ricky L. Cook v. State of Arkansas, from Washington Circuit. Appellant's motion to file amended brief is granted.
CR98-160. Shawn Watkins 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]
CR98-160. Shawn Watkins v. State of Arkansas, from Crittenden Circuit. Motion of Andre K. Valley to withdraw as attorney for appellant is granted.
97-995. Southern Farm Bureau Casualty Insurance Company v. Jerry L. Ross, from Lee Circuit. Appellee's motion for oral argument is denied.
97-1550. Frank Quinn (deceased) v. Webb Wheel Products, from Workers' Compensation Commission. Motion of Arkansas Workers' Compensation Commission to file amicus curiae brief is granted.
98-189. Arkco Corporation et al. v. W. T. Paine, M.D., from Phillips Chancery. Motion for rule on clerk to lodge transcript is denied. Corbin, J., not participating.
TEN96-108. Jesse D. Wickliffe v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se motion to proceed with appeal and to reinstate bond is denied.
CACR97-449. Henry Silas Killian v. State of Arkansas, from Crawford Circuit. Entry of appearance of James Dunham for the purpose of filing petition for review. Granted.
96-843. Unigard Security Insurance Co. and Employers Surplus Lines Insurance Co. v. Murphy Oil USA, Inc., from Union Circuit. Motion of appellee Murphy Oil USA, Inc. to supplement petition for rehearing is granted.
CR90-285. Anthony Pacee v. State of Arkansas, from Columbia Circuit. 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. (3 PAGES PUBLISHED) [ASCII, WP5.1]
CR95-1218. Cleotis Willis v. State of Arkansas, from Union Circuit. Pro se motion to reinstate appeal. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-930. Don Mallett v. State of Arkansas, from Baxter Circuit. Pro se motion for reconsideration of motion to set appeal bond. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED)
CR97-1389. Billy J. Kain, Jr. v. Honorable David Burnett, Judge, from Craighead Circuit. Pro se motion to reconsider petition for writ of mandamus. Motion moot. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-2. Reginald Reece v. State of Arkansas, from Miller Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-93. Reginald Reece v. Honorable Jim Gunter, Judge, from Miller Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)
In Re: Larry E. Kuca, Arkansas Bar ID #80081. Surrender of license. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
PETITIONS FOR REHEARING:
CR96-33. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit.
CR96-908. Damond Sanford v. State of Arkansas, from Chicot Circuit.
PETITIONS FOR REVIEW:
98-147. Billy Leon Graham v. Turnage Employment Group and Wausau Insurance Companies, from Workers' Compensation Commission.
98-148. Everette J. Brown v. Alabama Electric Company and Wausau Insurance Company, from Workers' Compensation Commission.
CR98-218. Charles Laverne Singleton v. State of Arkansas, from Jefferson Circuit. Petition for stay of execution. Argued orally.
CR97-368. Antonio Ayers v. State of Arkansas, from St. Francis Circuit. Appellant's motion to supplement brief.
CR97-447. Michael Whitten v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to extend time for return of writ of certiorari.
CR97-931. Heath Kennedy v. State of Arkansas, from Union Circuit. Appellee's motion to file belated brief.
CR97-1482. Sherman Watson v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal.
CR98-171. Kenneth Lamont Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement record.
CR98-210. Steven Wayne Eubanks v. Honorable Marion Humphrey, Circuit Judge, from Pulaski Circuit, First Division. Motion for temporary writ of prohibition.
CR98-210. Steven Wayne Eubanks v. Honorable Marion Humphrey, Circuit Judge, from Pulaski Circuit, First Division. Motion to withdraw request for temporary writ of prohibition.
97-1093. Jack Campbell v. City of Cherokee Village West, Arkansas, from Fulton Circuit. Joint motion to expedite appeal.
97-1398. David Lively v. State of Arkansas, from Lincoln Circuit. Appellee's motion to dismiss appeal.
97-1425. Jack Bedford and Jack D. Bedford, Inc. v. James Fox and Patricia Fox, from Washington Chancery. Appellants' motion for oral argument.
97-1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Appellants' motion to supplement brief.
98-214. Charlene F. Marsh v. Robert E. Marsh, from Pulaski Chancery, First Division. Motion for rule on clerk to lodge transcript.
CA97-1573. D. B. Griffin Warehouse, Inc. v. Margaret Sanders, Individually and as Administratrix of the Estate of Charles Sanders, Deceased, from Phillips Circuit. Appellee's motion and supplemental motion for rule on clerk and to dismiss appeal.
97-714. City of North Little Rock v. Pulaski County, from Pulaski Circuit, Third Division. Argued orally.
97-721. P. A. Stricklin et al. v. Patrick Henry Hays, Mayor of North Little Rock, from Pulaski Circuit, Seventh Division. Argued orally.
CR97-244. State of Arkansas v. Kenneth Lamont Slocum, from Pulaski Circuit, Sixth Division.
CR97-664. State of Arkansas v. Glen Herred, from Phillips Circuit.
CR97-814. Michael Sherman Phillips v. State of Arkansas, from Washington Circuit.
97-646. Phyllis June Brown v. Billy Earl Brown, from Crawford Chancery.
97-644. David Small v. James E. Cottrell, from St. Francis Circuit.
97-652. Eileen Heigle v. Jimmie D. Miller, from Cleburne Circuit.