Opinions delivered
March 12, 1998
Brown v. Brown (Brown, J.) 97-646
Divorce -- Pensions; postmarital enhancement of
benefits; increases in appellant's salary following separation and
divorce constituted legitimate adjustments for retirement benefits
in which appellee could participate.
[ASCII,
WP5.1]
Jordan v. Thomas (Per Curiam) 98-139
Motions -- Rule on clerk; tender of record timely;
clerk erred in refusing to docket appeal and file record.
[ASCII,
WP5.1]
Moore v. Richardson (Thornton, J.) 97-636
Parent & child -- Child-custody jurisdiction;
emergency jurisdiction improperly used to seek permanent
modification of custody order; Texas court without jurisdiction to
permanently modify Arkansas court's order.
[ASCII,
WP5.1]
Ragar v. Brown (Corbin, J.) 96-1202
Limitation of actions -- Malpractice; appellant's
legal-malpractice claim never ceased to exist; accrual of action
not delayed; three-year period applicable; occurrence rule upheld.
[ASCII,
WP5.1]
Small v. Cottrell (Corbin, J.) 97-644
Schools & school districts -- Arkansas
Public School Employee Fair Hearing Act; trial court correctly
found that appellees did not violate appellant's procedural due
process rights.
[ASCII,
WP5.1]
State v. Herred (Imber, J.) CR97-664
Criminal procedure -- Trial court clearly erred in
finding that appellant's guilty plea resulted from ineffective
assistance or State coercion regarding third party; trial court
clearly erred in granting postconviction relief; failed to find
counsel's purported deficiencies prejudiced appellant; trial court
erred in ruling that counsel was deficient in failing to object to
warrant's facial sufficiency.
[ASCII,
WP5.1]
State v. Slocum (Newbern, J.) CR97-244
Criminal procedure -- Postconviction relief; ineffective-
assistance claim; mistake of not requesting instruction did not
result in counsel's performance being so deficient as to have
denied fair trial; trial court erred in granting new trial; case
reversed.
[ASCII,
WP5.1]
Davis v. State, CR 97-101 (Per Curiam), affirmed March 12, 1998.
Hubbard v. State, CR 96-1534 (Per Curiam), Pro Se Motion for Transcript denied March 12, 1998.
Meux v. State, CR 97-1542 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment remanded March 12, 1998.
Morrow v. Norris, CR 97-1368 (Per Curiam), Pro Se Appellant's Motion to Dismiss Appeal granted; appeal dismissed March 12, 1998.
Whitfield v. State, CR 96-522 (Per Curiam), affirmed March 12, 1998.
Young v. State, CA CR 96-632 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied March 12, 1998.
CR97-244. State of Arkansas v. Kenneth Lamont Slocum, from Pulaski Circuit. Reversed. (8 PAGES PUBLISHED) [ASCII, WP5.1]
DONALD L. CORBIN, JUSTICE:
96-1202. Christine Ragar v. R. J. Brown and Crockett and Brown, from Pulaski Circuit. Affirmed. Special Justice Kevin A. Crass joins in this opinion. Newbern, J., not participating. (11 PAGES PUBLISHED) [ASCII, WP5.1]
97-644. David Small v. James E. Cottrell et al., from St. Francis Circuit. Affirmed. (11 PAGES PUBLISHED) [ASCII, WP5.1]
ROBERT L. BROWN, JUSTICE:
97-646. Phyllis June Brown v. Billy Earl Brown, from Crawford Chancery. Affirmed. (8 PAGES PUBLISHED) [ASCII, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR97-664. State of Arkansas v. Glen Herred, from Phillips Circuit. Reversed. Glaze, J., concurs. (16 PAGES PUBLISHED) [ASCII, WP5.1]
RAY THORNTON, JUSTICE:
97-636. Marchele (Richardson) Moore v. Curtis Richardson, from Sebastian Chancery. Affirmed. (14 PAGES PUBLISHED) [ASCII, WP5.1]
PER CURIAM OPINIONS:
CR96-522. Charles Lee Whitfield v. State of Arkansas, from Mississippi Circuit. Affirmed. (7 PAGES UNPUBLISHED)
CR97-101. Eric Davis v. State of Arkansas, from Pulaski Circuit. Affirmed. (4 PAGES UNPUBLISHED)
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR96-33. Darrell Wayne Hill v. State of Arkansas, from Montgomery Circuit.
CR96-908. Damond Sanford v. State of Arkansas, from Chicot Circuit.
REVIEWS GRANTED: Petitions for review were granted today in the following cases.
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.
98-139. Benjamin H. Jordan, Sr. et al. v. Carrie Thomas, from Pulaski Circuit, Third Division. Motion for rule on clerk to lodge transcript is granted in part. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR97-931. Heath Kennedy v. State of Arkansas, from Union Circuit. Appellee's motion to file belated brief is granted.
CR97-1482. Sherman Watson v. State of Arkansas, from Garland Circuit. Appellee's motion to dismiss appeal is granted.
CR98-171. Kenneth Lamont Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to supplement record. Moot.
CR98-210. Steven Wayne Eubanks v. Honorable Marion Humphrey, Circuit Judge, from Pulaski Circuit, First Division. Motion for temporary writ of prohibition. Moot.
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 is granted.
97-1093. Jack Campbell v. City of Cherokee Village West, Arkansas, from Fulton Circuit. Joint motion to expedite appeal is denied.
97-1398. David Lively v. State of Arkansas, from Lincoln Circuit. Appellee's motion to dismiss appeal is granted.
97-1425. Jack Bedford and Jack D. Bedford, Inc. v. James Fox and Patricia Fox, from Washington Chancery. Appellants' motion for oral argument is denied.
97-1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Appellants' motion to supplement brief is granted.
98-214. Charlene F. Marsh v. Robert E. Marsh, from Pulaski Chancery, First Division. Motion for rule on clerk to lodge transcript is denied.
CR96-1534. Marcus Hubbard v. State of Arkansas, from Pulaski Circuit. Pro se motion for transcript. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-1368. Roy R. Morrow v. Larry Norris, Director, Arkansas Department of Correction, from Johnson Circuit. Pro se appellant's motion to dismiss appeal. Motion granted; appeal dismissed. See per curiam this date. (1 PAGE UNPUBLISHED)
CR97-1542. Marvin L. Meux v. State of Arkansas, from Crittenden Circuit. Pro se motion for belated appeal of judgment. Remanded. See per curiam this date. (3 PAGES UNPUBLISHED)
CACR96-632. Earnest L. Young v. State of Arkansas, from Clark Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. Arnold, C.J., not participating. (2 PAGES UNPUBLISHED)
PETITIONS FOR REHEARING:
97-234. United Insurance Company of America and Mark Burcham v. Ann Murphy, from Crittenden Circuit.
97-272. Sandra S. Vandiver v. Ronald W. Banks, from Lonoke Chancery. (appellant)
97-272. Sandra S. Vandiver v. Ronald W. Banks, from Lonoke Chancery. (appellee)
97-571. Leavon Bearden v. J. R. Grobmyer Lumber Company and Delsondro Sims, from Pulaski Circuit, Sixth Division.
97-605. David Hooker v. Farm Plan Corporation, from St. Francis Circuit.
PETITION FOR REVIEW:
97-229. Second Injury Fund v. Ronnie Furman, from Workers' Compensation Commission.
98-188. Clarence Hall v. Director et al., from Board of Review.
CR97-1004. Ronita Faith Bell v. State of Arkansas, from Conway Circuit. Appellant's motions for extension of time to file brief.
CR97-1209. Melvin Kent Shoemate v. State of Arkansas, from Pulaski Circuit. Motion for belated appeal.
CR97-1507. Reno Richie Swopes/Muhammad v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file supplemental record.
CR98-227. Jerry Schalk v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk to lodge transcript.
97-272. Sandra S. Vandiver v. Ronald Banks, from Lonoke Chancery. Appellant's motion for attorney fees and expenses.
97-654. William Phillip Cottrell and Deborah Cottrell v. Myrldehne Cottrell and Cottrell Corporation, from Washington Circuit. Appellees' motion for costs and attorney fees.
97-1510. Joe Hoyle et al. v. Dianna Faucher et al., from Crawford Chancery. Motion of Springdale School District No. 50 et al. to file amicus curiae brief.
98-30. Charles Hambay et al. v. Carolyn Williams et al., from Carroll Chancery, Eastern District. Motion of Richard M. Mayes et al. to file amicus curiae brief.
98-113. George L. Coleman v. State Farm Fire & Casualty Company, from Pulaski Circuit, Sixth Division. Motion for reconsideration on denial of motion for rule on clerk.
98-220. Jack Stearns v. Arkansas Department of Human Services, from Garland Chancery. Motion for rule on clerk to lodge transcript.
98-222. Estate of James M. Berry, Deceased, by and through Betty B. Eddins, Administratrix v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellant's motion for certiorari.
98-222. Estate of James M. Berry, Deceased, by and through Betty B. Eddins, Administratrix v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Petition for writ of prohibition.
98-222. Estate of James M. Berry, Deceased, by and through Betty B. Eddins, Administratrix v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellees' motion to file supplemental record.
98-240. David Paul Hermanson v. Kenneth Stacy et al., from White Chancery. Motion for rule on clerk to lodge transcript.
98-242. Richard Wilkerson v. Virginia "Ginger" Atkinson, from Pulaski Circuit, Second Division. Motion for belated appeal.
CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery, Tenth Division. Appellee's motion for clarification.
97-615. New Prospect Drilling Company v. First Commercial Trust, from Pope Circuit. Argued orally.
97-628. Oscar Stilley v. Wanda McBride et al., from Sebastian Circuit, Fort Smith District. Argued orally.
97-634. Darin Daniel v. Glen Jones, County Judge of White County, Arkansas, from White Chancery. Argued orally.
CR97-570. Michael Snyder v. State of Arkansas, from Lawrence Circuit.
97-654. William Phillip Cottrell v. Myrldehne Cottrell, from Washington Circuit.
97-668. Travis Vincent Perez, Jr. v. Dana Sue Ellis Tanner, from Lonoke Chancery.
97-687. Ben Robinson v. Marybeth Cravens, from Pulaski Circuit, Second Division.
97-715. Town of Houston v. Anna Carden et al., from Perry Circuit.