Opinions delivered
March 26, 1998
Bell v. State (Per Curiam) CR97-1004
Appeal & error -- Brief filed after final extension
deadline; brief accepted for filing; brief not timely filed; show-
cause order issued.
[ASCII,
WP5.1]
City of West Memphis v. City of Marion (Corbin, J.) 97-742
Appeal & error -- Abstracting requirement; review
barred by flagrantly deficient abstract; affirmed on direct appeal.
[ASCII,
WP5.1]
Guynn v. State (Per Curiam) CR98-278
Motions -- Belated appeal; attorney failed to admit
fault.
[ASCII,
WP5.1]
Hodge v. State (Newbern, J.) CR97-406
Evidence -- Jury concluded appellant shot victims
in head; sufficient evidence of premeditation and deliberation;
exigent circumstances existed; report of death made it incumbent
upon officer to go to scene; photographs were pertinent and not
cumulative; prejudicial effect did not outweigh probative value;
conviction affirmed.
[ASCII,
WP5.1]
Humphrey v. State (Newbern, J.) CR97-525
Criminal law -- Justification; State's burden to
show excessive force caused victim's death; victim sustained one
fatal shot before appellant's use of excessive force; trial court's
refusal of instruction on justification was prejudicial error.
[ASCII,
WP5.1]
Marks v. State (Arnold, C.J.) CR97-1088
Criminal procedure -- Speedy trial; time begins to
run when information filed; no error in trial court's denial of
motion to dismiss.
[ASCII,
WP5.1]
Shoemate v. State (Per Curiam) CR97-1209
Appeal & error -- Trial court found that appellant
failed to request that notice of appeal be filed; appellant's
motion for belated appeal denied.
[ASCII,
WP5.1]
Stockton v. Sentry Ins. (Glaze, J.) 97-720
Appeal & error -- Court order necessary to grant
nonsuit; order must be entered to be effective; two claims still
pending; appeal dismissed without prejudice on jurisdictional
grounds.
[ASCII,
WP5.1]
Western World Ins. Co., Inc. v. Branch (Imber, J.) 97-747
Insurance -- Construction of policy; language of
sexual-action exclusion unambiguously excluded liability resulting
from sexual acts by appellee's employees or residents; declaratory
judgment reversed; appellee failed to demonstrate exclusion
violated public policy.
[ASCII,
WP5.1]
In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Alternate Committee on Professional Conduct (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Committee on Model Jury Instructions - Criminal (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Committee on Model Jury Instructions - Criminal (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Committee on Model Jury Instructions - Criminal (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Committee on Professional Conduct (Per Curiam) [ASCII, WP5.1]
Block v. State, CR 98-34 (Per Curiam), Pro Se Motion for Access to Record and Pro Se Motion for Extension of Time granted March 26, 1998.
Gray v. State, CR 98-104 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied March 26, 1998.
Luckey v. State, CR 97-1575 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief denied and appeal dismissed March 25, 1998.
Mallett v. State, CR 97-930 (Per Curiam), Pro Se Motion for Reconsideration of Motion to Set Appeal Bond and Pro Se Motion for Extension of Time to File Appellant's Brief denied March 26, 1998.
Mauppin v. State, CR 93-380 (Per Curiam), Pro Se Motion for Trial Record at Public Expense denied March 26, 1998.
Polletta v. State, CR 97-218 (Per Curiam), affirmed March 26, 1998.
Robinson v. State, CR 97-297 (Per Curiam), affirmed March 26, 1998.
Washington v. State, CR 98-94 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief denied and appeal dismissed March 26, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR97-1088. Nancy D. Marks a/k/a Ann Gable v. State of Arkansas, from Poinsett Circuit. Writ Denied. (3pages published) [ASCII, WP5.1]
DAVID NEWBERN, JUSTICE:
CR97-406. Aaron Michael Hodge v. State of Arkansas, from Craighead Circuit, Western District. Affirmed. (22 pages published) [ASCII, WP5.1]
CR97-525. Evote Humphrey v. State of Arkansas, from Lafayette Circuit. Reversed and Remanded. Arnold, C.J., and Glaze and Thornton, JJ., dissent. (20 pages published, 4 page dissent) [ASCII, WP5.1]
TOM GLAZE, JUSTICE:
97-720. Russ Stockton and Stephanie Stockton v. Sentry Insurance, a Mutual Company, and Curt L. McDuff, Jr., from Pulaski Circuit. Appeal Dismissed. (4 pages published) [ASCII, WP5.1]
DONALD L. CORBIN, JUSTICE:
97-742. City of West Memphis and Lindsey Fairley, Nolan Dawson, and Tom Graham, in their Official Capacities as the Crittenden County Board of Election Commissioners v. City of Marion, from Crittenden Circuit. Affirmed on Direct Appeal and Cross-Appeal. (6 pages published) [ASCII, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
97-747. Western World Insurance Company, Inc. v. Charles Branch and East Arkansas Youth Services, Inc., from Crittenden Circuit. Reversed. (6 pages published) [ASCII, WP5.1]
PER CURIAM OPINIONS:
CR97-218. Gloria Jean Polletta v. State of Arkansas, from Crittenden Circuit. Affirmed. (2 pages unpublished)
CR97-297. James Robinson, Jr. v. State of Arkansas, from Lincoln Circuit. Affirmed. (2 pages unpublished)
REHEARING DENIED: Petition for rehearing was denied today in the following case.
97-310. Richard Jacoby et al. v. Arkansas Department of Education, Vocational and Technical Education Division, from Pulaski Circuit, First Division.
REVIEW GRANTED: Petition for review was granted today in the following case.
98-283. The Clifford Family Limited Liability Company et al. v. Donald Cox and Lucille M. Cox, from Benton Chancery.
REVIEW DENIED: Petition for review was denied today in the following case.
98-209. William J. Velek and Patricia A. Velek v. Richard L. McMillen and Patsy J. McMillen, from Faulkner Chancery.
CR97-1004. Ronita Faith Bell v. State of Arkansas, from Conway Circuit. Appellant's motions for extension of time to file brief. Appellant's brief accepted for filing. Show cause order issued. See per curiam this date. (2 pages published) [ASCII, WP5.1]
CR97-1209. Melvin Kent Shoemate v. State of Arkansas, from Pulaski Circuit. Motion for belated appeal is denied. See per curiam this date. (2 pages published) [ASCII, WP5.1]
97-272. Sandra S. Vandiver v. Ronald Banks, from Lonoke Chancery. Appellant's motion for attorney fees and expenses. Granted $11,550 attorney fees. See Jones v. Jones, 327 Ark. 195 (1997).
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 is granted. Final extension.
CR98-250. Kenneth Lamont Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Pro se petition for writ of prohibition. Moot. See opinion in CR97-244 issued March 12, 1998.
CR98-278. Perry M. Guynn v. State of Arkansas, from Pulaski Circuit, First Division. Motion for leave to file belated appeal. Motion denied. See per curiam this date. (2 pages published) [ASCII, WP5.1]
97-720. Russ Stockton and Stephanie Stockton v. Sentry Insurance and Curt L. McDuff, Jr., from Pulaski Circuit, Fifth Division. Appellees' motion for costs is denied.
97-1153. John Stapleton, Jr. v. M. D. Limbaugh Construction Co., from Washington Circuit. Appellant's request for oral argument is denied.
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. Denied without prejudice.
98-303. Danny R. Crawford v. Hon. Alice S. Gray, Chancellor, from Perry Chancery. Petition for writ of certiorari and for writ of mandamus. Denied without prejudice.
CR93-380. Gary Mauppin v. State of Arkansas, from St. Francis Circuit. Pro se motion for trial record at public expense. Motion denied. 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 and pro se motion for extension of time to file appellant's brief. Motions denied. See per curiam this date. (2 pages unpublished)
CR97-1575. Tommy Luckey v. State of Arkansas, from Pulaski Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 pages unpublished)
CR98-34. John E. Block v. State of Arkansas, from Hempstead Circuit. Pro se motion for access to record and pro se motion for extension of time. Motions granted. See per curiam this date. (2 pages unpublished)
CR98-94. Shon L. Washington v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (3 pages unpublished)
CR98-104. Daniel J. Gray v. State of Arkansas, from Benton Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 pages unpublished)
In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (13 pages published)
In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (1 page published) [ASCII, WP5.1]
Bart Virden, Esq. of Morrilton, Second Congressional District, is hereby reappointed to the Supreme Court Committee on Professional Conduct for a seven-year term to expire on March 31, 2005.In Re: Supreme Court Alternate Committee on Professional Conduct. See per curiam this date. (1 page published) [ASCII, WP5.1]The Court thanks Mr. Virden for accepting reappointment to this most important Committee.
Richard F. Hatfield, Esq. of Little Rock, Second Congressional District, is hereby reappointed to the Supreme Court Alternate Committee on Professional Conduct for a seven-year term to expire on March 9, 2005.In Re: Supreme Court Committee on Model Jury Instructions - Criminal. See per curiam this date. (1 page published) [ASCII, WP5.1]The Court thanks Mr. Hatfield for accepting reappointment to this most important Committee.
The Honorable John Cole of Malvern is hereby appointed to the Supreme Court Committee on Model Jury Instructions - Criminal for a three-year term to expire on February 28, 2001.The Court thanks Judge Cole for accepting appointment to this most important Committee.
The Court expresses it appreciation to Judge John Patterson, whose term has expired, for his years of faithful service to this Committee.
In Re: Supreme Court Committee on Model Jury Instructions - Criminal. See per curiam this date. (1 page published) [ASCII, WP5.1]
Scott Stafford, Esq. of Little Rock, and Leslie Powell, Attorney at Law, of Little Rock, are hereby reappointed to the Supreme Court Committee on Model Jury Instructions - Criminal for three-year terms to expire on February 28, 2001.The Court thanks Mr. Stafford and Ms. Powell for accepting reappointment to this most important Committee.
In Re: Supreme Court Committee on Model Jury Instructions - Criminal. See per curiam this date. (1 page published) [ASCII, WP5.1]
Bob McMahan, Esq. of Little Rock, is hereby appointed to the Supreme Court Committee on Model Jury Instructions - Criminal for a three-year term to expire on February 28, 2001.The Court thanks Mr. McMahan for accepting appointment to this most important Committee.
The Court expresses its appreciation to Tom Wynne, III, Esq., whose term has expired, for his years of faithful service to this Committee.
CR97-943. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Appellant's motion to file belated reply brief.
CR97-1507. Reno Richie Swopes (Muhammad) v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to supplement record on appeal.
CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit, Northern District. Appellee's motion to remand.
CR97-1536. Arty Richards v. State of Arkansas, from Yell Circuit, Northern District. Pro se motion not to remand.
CR98-304. Edwin G. Diehl v. State of Arkansas, from Pulaski Circuit, First Division. Motion for belated appeal.
CR98-329. Jason Mark Smith v. State of Arkansas, from Benton Circuit. Motion for rule on clerk.
97-408. Acxiom Corporation v. Timothy Leathers, Commissioner of Revenues, Department of Finance and Administration, State of Arkansas, from Pulaski Chancery, Fourth Division. Appellant's motion for taxation of costs.
97-846. Bill Golden v. Westark Community College, from Workers' Compensation Commission. Appellant's motion to reschedule oral argument.
97-972. Melissa Holcomb v. R. F. Holcomb, from Washington Probate. First amended motion for dismissal of appeal.
CA97-1127. Ralph Nesbitt v. Heather Patrice Hogrobrooks, from St. Francis Circuit. Appellant's motion for reconsideration.
CA97-1131. Ottie Hooker v. John Deere Company, Deere Credit Services, Inc. and Producers Tractor Company, from St. Francis Chancery. Appellant's motion to expedite.
96-1495. First Commercial Bank v. Michael Walker et al., from Pulaski Circuit, Second Division. Argued orally.
97-748. Robert D. Holloway, Inc. v. Pine Ridge Addition Residential Property Owners, from Pulaski Chancery, Second Division. Argued orally.
97-749. Glenn Higginbotham v. Junction City School District, from Union Circuit.
97-765. Joshua Garcia v. State of Arkansas, from Pope Chancery, Juvenile Division.
97-775. Ray Hanley v. Arkansas State Claims Commission, from Pulaski Circuit, Seventh Division.
97-789. Robert R. Cortinez, Sr. v. Supreme Court Committee on Professional Conduct, an Original Action.
97-801. Bellinda Barrera v. Annette Vanpelt, from Pulaski Probate, Third Division.
97-810. Harold (Butch) Sargent v. H. G. Foster, Prosecuting Attorney, from Van Buren Circuit.