Ayers v. State (Per Curiam) CR97-368
Appeal & error -- Abstract of record deficient; final extension granted. [ASCII, WP5.1]

Cottrell v. Cottrell (Imber, J.) 97-654
Master & servant -- No agreement between parties as to employment duration; employment was at will. [ASCII, WP5.1]

Heigle v. Miller (Corbin, J.) 97-652
Negligence -- Premises liability; slip-and-fall analysis not required; determination of duty to warn of hidden dangers required; reversed and remanded. [ASCII, WP5.1]

McLane Company v. Weiss (Glaze, J.) 97-559
Statutes -- Unfair Cigarette Sales Act; statutory scheme under Act provided rational connection between presumed cost-of-doing business and minimizing-price amounts in Act and Regulation and presumed fact of predatory intent; Act's and Regulation's presumed-minimum-price amounts both found constitutional; determination of increased presumptive-cost amount; portions of Regulation 1988-2 invalid; question existed as to how DFA determined basic cost; case reversed and remanded for determination. [ASCII, WP5.1]

Newton v. Etoch (Brown, J.) 97-325
Torts -- Prosecutorial immunity; absolute immunity not available for appellee's allegations relating to materially false affidavit and slanderous statements; sovereign immunity; 42 U.S.C. � action; suits against persons in official capacities do not qualify as suits against persons. [ASCII, WP5.1]

Perez v. Tanner (Thornton, J.) 97-668
Parent & child -- Custody jurisdiction; Arkansas court did not have authority under PKPA to modify Mississippi court's order; reversed and remanded; Arkansas court erred in refusing to recognize Mississippi orders under Full Faith and Credit Clause. [ASCII, WP5.1]

Phillips v. State (Glaze, J.) CR97-814
Criminal law -- Evidence supported charging appellant with possession with intent to deliver; possession instruction correctly excluded by trial court. [ASCII, WP5.1]

Schalk v. State (Per Curiam) CR98-227
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Snyder v. State (Newbern, J.) CR97-570
Juveniles -- Trial court erred in certifying appellant as habitual- child-sex offender; appellant had no prior conviction for sex offense; case remanded. [ASCII, WP5.1]

Stilley v. McBride (Glaze, J.) 97-628
Statutes -- FOIA; federal court's standard adopted by Arkansas; substantial privacy interest exists in records revealing intimate details of person's life; appellant's reason for FOIA request not in line with clear purpose of Act; circuit court's decision denying FOI request affirmed. [ASCII, WP5.1]

Stricklin v. Hays (Arnold, C.J.) 97-721
Municipal corporations -- Trial court erred in accepting city's interpretation that initiated ordinance had lapsed; case reversed and remanded. [ASCII, WP5.1]

Town of Houston v. Carden (Brown, J.) 97-715
Municipal corporations -- Annexation; five criteria applicable whether proceeding brought by city or landowners; trial court did not clearly err in finding contemplated benefits to town slim or nonexistent; annexation of entire acreage not necessary under police power; circuit court's decision annulling annexation supported by substantial evidence. [ASCII, WP5.1]

Vandiver v. Banks (Per Curiam)
Appeal & error -- Case remanded to trial court; trial court directed to decide and award attorney's fees and costs.

Whitten v. State (Per Curiam)
Certiorari -- Writ granted; extension of time to complete record granted.

In Re: Board of Law Examiners (Per Curiam) [ASCII, WP5.1]

In Re: Supreme Court Committee on Model Jury Instructions - Civil (Per Curiam) [ASCII, WP5.1]

Bradford v. State, CR 97-1409 (Per Curiam), Pro Se Motion for Court to Direct Attorneys to Represent Appellant denied March 19, 1998.

Calloway v. State, CR 97-398 (Per Curiam), Pro Se Motion for Transcript and Pro Se Motion for Appointment of Counsel denied March 19, 1998.

Dix v. State, CR 97-1261 (Per Curiam), Pro Se Motion for Reconsideration of Pro Se Motion for Rule on Clerk denied March 19, 1998.

Jackson v. State, CR 97-79 (Per Curiam), affirmed March 19, 1998.

Leding v. State, 98-123 (Per Curiam), Pro Se Motion for Rule on Clerk denied March 19, 1998.

Malone v. State, CR 97-656 (Per Curiam), petition for reheearing denied March 19, 1998.

Nelson v. State, CR 97-1369 (Per Curiam), Pro Se Motion for Extension of Time denied and appeal dismissed March 19, 1998.

Richards v. Erwin, CR 97-1244 (Per Curiam), Pro Se Petition for Writ of Mandamus moot March 19, 1998.

Ricketts v. State, CR 97-1455 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed March 19, 1998.

W. H. "DUB" ARNOLD, CHIEF JUSTICE:

97-721. P. A. Stricklin et al. v. Patrick Henry Hays, Mayor of North Little Rock, from Pulaski Circuit, Seventh Division. Reversed and Remanded. Corbin, J., dissents. (5 PAGES PUBLISHED, 6 PAGE DISSENT) [ASCII, WP5.1]

DAVID NEWBERN, JUSTICE:

CR97-570. Michael Snyder v. State of Arkansas, from Lawrence Circuit. Affirmed in Part; Reversed and Remanded in Part. (6 PAGES PUBLISHED) [ASCII, WP5.1]

TOM GLAZE, JUDGE:

CR97-814. Michael Sherman Phillips v. State of Arkansas, from Washington Circuit. Affirmed. (6 PAGES PUBLISHED) [ASCII, WP5.1]

97-559. McLane Company, Inc. v. Richard A. Weiss, Director of the Arkansas Department of Finance and Administration et al., from Pulaski Chancery. Affirmed in Part; Reversed and Remanded in Part. (17 PAGES PUBLISHED) [ASCII, WP5.1]

97-628. Oscar Stilley v. Wanda McBride, from Sebastian Circuit. Affirmed. (9 PAGES PUBLISHED) [ASCII, WP5.1]

DONALD L. CORBIN, JUSTICE:

97-652. Eileen Heigle v. Jimmie D. Miller, from Cleburne Circuit. Reversed and Remanded. (11 PAGES PUBLISHED) [ASCII, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-325. R. L. Newton, Individually and in his Official Capacity as an Officer with the Arkansas State Police et al. v. Louis A. Etoch, from Phillips Circuit. Affirmed. (17 PAGES PUBLISHED) [ASCII, WP5.1]

97-715. Town of Houston, Arkansas; and Carl G. Hillis, Agent for Petitioners v. Anna Carden et al., from Perry Circuit. Affirmed. (14 PAGES PUBLISHED) [ASCII, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

97-654. William Phillip Cottrell v. Myrldehne Cottrell, from Washington Circuit. Affirmed. (5 PAGES PUBLISHED) [ASCII, WP5.1]

RAY THORNTON, JUSTICE:

97-668. Travis Vincent Perez, Jr. v. Donna Sue Ellis Tanner, from Lonoke Chancery. Reversed and Dismissed. (14 PAGES PUBLISHED) [ASCII, WP5.1]

PER CURIAM OPINION:

CR97-79. Wilbert Jackson v. State of Arkansas, from Little River Circuit. Affirmed. (4 PAGES UNPUBLISHED)

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

CR97-656. Herbert P. Malone v. State of Arkansas, from Lincoln Circuit. See per curiam this date. (2 PAGES UNPUBLISHED)

97-234. United Insurance Company of America and Mark Burcham v. Ann Murphy, from Crittenden Circuit. Corbin, J., would grant. Newbern, J., not participating.

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. Brown, J., not participating.

97-605. David Hooker v. Farm Plan Corporation, from St. Francis Circuit.

REVIEWS DENIED: Petitions for review were denied today in the following cases.

97-229. Second Injury Fund v. Ronnie Furman, from Workers' Compensation Commission.

98-188. Clarence Hall v. Director et al., from Board of Review.

97-272. Sandra S. Vandiver v. Ronald W. Banks, from Lonoke Chancery. Clarification order entered upon appellant's petition for rehearing. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-368. Antonio Ayers v. State of Arkansas, from St. Francis Circuit. Appellant's motions for extension granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

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 is granted. Petition for writ of certiorari granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]

CR97-1507. Reno Richie Swopes/Muhammad v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file supplemental record is granted.

CR98-227. Jerry Schalk v. State of Arkansas, from Faulkner Circuit. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 PAGES PUBLISHED) [ASCII, WP5.1]

97-654. William Phillip Cottrell and Deborah Cottrell v. Myrldehne Cottrell and Cottrell Corporation, from Washington Circuit. Appellees' motion for costs and attorney fees is granted. See opinion this date.

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 is granted. Glaze, J., not participating.

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 is granted.

98-113. George L. Coleman v. State Farm Fire & Casualty Company, from Pulaski Circuit, Sixth Division. Motion for reconsideration of denial of motion for rule on clerk is denied.

98-220. Jack Stearns v. Arkansas Department of Human Services, from Garland Chancery. Motion for rule on clerk to lodge transcript is denied.

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 is granted.

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 and supplement to petition for writ of prohibition denied.

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 is granted.

98-240. David Paul Hermanson v. Kenneth Stacy et al., from White Chancery. Motion for rule on clerk to lodge transcript is denied.

98-242. Richard Wilkerson v. Virginia "Ginger" Atkinson, from Pulaski Circuit, Second Division. Motion for belated appeal is denied.

CA97-1312. Lonnie Green v. Dwala Williford, from Pulaski Chancery, Tenth Division. Appellee's motion for clarification. Clerk to set briefing schedule.

CR97-398. Tracy T. Calloway v. State of Arkansas, from Pulaski Circuit. Pro se motion for transcript and pro se motion for appointment of counsel. Motions denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR97-1244. James Edward Richards v. Honorable Harold Erwin, Judge, from Jackson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGES UNPUBLISHED)

CR97-1261. Charles F. Dix v. State of Arkansas, from Conway Circuit. Pro se motion for reconsideration of pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1369. James Earl Nelson v. State of Arkansas, from Dallas Circuit. Pro se motion for extension of time. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1409. Roger Bradford v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se motion for court to direct attorneys to represent appellant. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-1455. Richard Ricketts v. State of Arkansas, from Johnson Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

98-123. Anthony Leding v. State of Arkansas, Fort Smith Municipal Court, David Saxon, Municipal Judge, Circuit Court of Sebastian County, and Don Langston, Circuit Judge, from Sebastian Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

In Re: Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

Frank Morledge, Esq., of Forrest City, First Congressional District, is appointed to the Board of Law Examiners for the purpose of grading the February 1998 Bar Examination. Mr. Morledge replaces Blair Arnold, Esq., of Batesville.

The Court thanks Mr. Morledge for accepting appointment to this Board for purposes of grading this examination.

In Re: Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

Paula Storeygard, Attorney at Law, of North Little Rock, and John C. Everett, Esq., of Fayetteville, are reappointed to our Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2001.

R. Gary Nutter, Esq. of Texarkana, and Peter Kumpe, Esq., of Little Rock, are hereby appointed to the Committee on Model Jury Instructions - Civil for three-year terms to expire on April 30, 2001.

The Court extends its thanks to Ms. Storeygard and Mr. Everett for accepting reappointment, and to Mr. Nutter and Mr. Kumpe for accepting appointment to this most important Committee.

The Court expresses its appreciation to Judge Henry Woods of Little Rock, and James H. McKenzie, Esq., of Prescott, whose terms have expired, for their service as members of this Committee.

PETITIONS FOR REHEARING:

CR98-218. Charles Laverne Singleton v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit.

96-1523. Cathy McQuay et al. v. Randall Guntharp, M.D. et al., from Randolph Circuit.

97-310. Richard Jacoby et al. v. Arkansas Department of Education, Vocational and Technical Education Division, from Pulaski Circuit, First Division.

PETITIONS FOR REVIEW:

98-209. William J. Velek and Patricia A. Velek v. Richard L. McMillen and Patsy J. McMillen, from Faulkner Chancery.

98-283. The Clifford Family Limited Liability Company et al. v. Donald Cox and Lucille M. Cox, from Benton Chancery.

CR97-1190. Benfordene Butler Smith v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion for extension of time to file belated brief.

CR98-250. Kenneth Lamont Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se petition for writ of prohibition.

CR98-278. Perry M. Guynn v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.

97-720. Russ Stockton and Stephanie Stockton v. Sentry Insurance and Curt L. McDuff, Jr., from Pulaski Circuit, Fifth Division. Appellees' motion for costs.

97-972. Melissa Holcomb v. R. F. Holcomb, from Washington Probate. Appellee's motion to dismiss appeal.

97-1153. John Stapleton, Jr. v. M. D. Limbaugh Construction Co., from Washington Circuit. Appellant's request for oral argument.

98-251. Tammy Martin Freeman v. Hon. Don R. Huffman, Chancellor, from Benton Chancery. Petition for writ of mandamus and petition for writ of certiorari.

98-303. Danny R. Crawford v. Hon. Alice S. Gray, Chancellor, from Perry Chancery. Petition for writ of certiorari and for writ of mandamus.

97-58. Patricia Anderson v. Roger Raney, from Lafayette Circuit. Argued orally.

96-1350, 96-1354, 96-1355, 96-1365, 96-1405, 96-1406, 96-1407, 96- 1408, 96-1414, 96-1415, and 96-1470. Jerry Adams et al. v. James Arthur, M.D. et al., from Garland Circuit. Argued orally.

CR97-406. Aaron Michael Hodge v. State of Arkansas, from Craighead Circuit, Western District.

CR97-655. Pearl Gennette Anthony v. State of Arkansas, from Hempstead Circuit.

CR97-1088. Nancy D. Marks a/k/a Ann Gable v. State of Arkansas, from Poinsett Circuit.

97-720. Russ Stockton and Stephanie Stockton v. Sentry Insurance and Curt L. McDuff, Jr., from Pulaski Circuit, Fifth Division.

97-742. City of West Memphis v. City of Marion, from Crittenden Circuit.

97-747. Western World Insurance Co., Inc. v. Charles Branch, from Crittenden Circuit.