Opinions delivered
April 16, 1998
Anthony v. State (Thornton, J.) CR97-655
Evidence -- Appellant voluntarily testified at
first trial; privilege against self-incrimination waived at second
trial; neither appellant's prior testimony nor testimony of witness
was proper rebuttal evidence; trial court abused its discretion in
admitting evidence.
[ASCII,
WP5.1]
Arkansas Oklahoma Gas Corp. v. Waelder Oil & Gas, Inc. (Glaze, J.) 97-830
Injunction -- Attorney's fees not recoverable in
injunction cases; statute allowing award of attorney's fees
inapplicable.
[ASCII,
WP5.1]
Bell v. State (Per Curiam) CR97-1004
Contempt -- Master appointed; findings of fact to
be filed with court.
[ASCII,
WP5.1]
Brazil v. State (Per Curiam) CR98-109
Appeal & error -- Motion for rule on clerk treated
as motion for belated appeal; good cause for granting.
[ASCII,
WP5.1]
Central Emergency Med. Servs., Inc. v. State (Imber, J.) 97-811
Contempt -- Payment of fine rendered contempt order
moot; supreme court does not render advisory opinions; case
dismissed.
[ASCII,
WP5.1]
City of North Little Rock v. Pulaski County (Brown, J.) 97-714
Statutes -- Clear purpose of Act 438 of 1995 was to
undertake function reserved to judiciary; Act struck in its
entirety.
[ASCII,
WP5.1]
Elliott v. State (Per Curiam) CR98-373
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Hicks v. State (Per Curiam) CR98-353
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Higginbotham v. Junction City Sch. Dist.(Corbin, J.) 97-749
Schools & school districts -- Evidence supported
trial court's conclusion that appellant had resigned.
[ASCII,
WP5.1]
Hussey v. State (Glaze, J.) CR97-450
Evidence -- Guilty verdict supported by substantial
evidence.
[ASCII,
WP5.1]
Morse v. Sentry Life Ins. Co. (Thornton, J.) 97-831
Appeal & error -- Abstract flagrantly deficient;
appeal affirmed.
[ASCII,
WP5.1]
Rahat v. Golmirzaie (Corbin, J.) 97-832
Attorney & client -- Attorney's fees in partition
actions; trial court did not abuse discretion in awarding
appellee's attorney fee of five percent of total sales price of
partitioned parcels.
[ASCII,
WP5.1]
Rhodes v. State (Arnold, C.J.) 97-868
Juveniles -- Juvenile transfer; denial of transfer
to juvenile court supported by clear and convincing evidence.
[ASCII,
WP5.1]
Sargent v. Foster (Thornton, J.) 97-810
Elections -- Violation of election laws claimed;
appellant failed to show that usurpation action might lie; petition
for writ of mandamus properly denied.
[ASCII,
WP5.1]
Skokos v. Skokos (Newbern, J.) 95-1029
Appeal & error -- Chancellor erred in finding
appellant's witness had conflict of interest that rendered his
expert testimony inadmissible per se; evidence
supported chancellor's ruling that gift through trust was not
improperly made; ruling that evidence was insufficient to establish
impropriety of payments to third party was not clearly erroneous.
[ASCII,
WP5.1]
McQuay v. Guntharp (Corbin, J.) 96-1523
Appeal & error -- Rehearing denied; supplemental
opinion issued.
[ASCII,
WP5.1]
In Re: Arkansas Rules for Minimum Continuing Legal Education (Per Curiam) [ASCII, WP5.1]
In Re: Supreme Court Committee on the Unauthorized Practice of Law (Per Curiam) [ASCII, WP5.1]
Allen v. State, CR 96-881 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted April 16, 1998.
Coleman v. State, CR 98-224 (Per Curiam), Pro Se Motion for Access to Record and Pro Se Motion for Extension of Time granted April 16, 1998.
Douthitt v. State, CR 98-272 (Per Curiam), Pro Se Motion for Rule on Clerk denied April 16, 1998.
Mitchell v. State, CR 95-834 (Per Curiam), Pro Se Motion for Photocopying at Public Expense denied April 16, 1998.
Risher v. State, CR 92-923 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court With Petition for Writ of Error Coram Nobis denied April 16, 1998.
Tempel v. State, CR 96-1400 (Per Curiam), Petition for Rehearing denied April 16, 1998
Walker v. State, CR 97-197 (Per Curiam), Pro Se Motion for Additional Arguments denied April 16, 1998.
Weaver v. State, CR 97-690 (Per Curiam), Pro Se Motion to Amend Appellant's Brief denied April 16, 1998.
Williams v. State, CR 97-361 (Per Curiam), affirmed April 16, 1998.
97-868. James Rhodes v. State of Arkansas, from Pulaski Circuit. Affirmed. (4 PAGES PUBLISHED) [ASCII, WP5.1]
DAVID NEWBERN, JUSTICE:
95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery. Affirmed in Part; Reversed and Remanded in Part. Special Justices Lynn Williams, Jim Burnett, Ted N. Drake, and Searcy W. Harrell join in this opinion. Glaze, Corbin, Brown, and Imber, JJ., not participating. (34 PAGES PUBLISHED) [ASCII, WP5.1]
TOM GLAZE, JUSTICE:
CR97-450. Vincent James Hussey v. State of Arkansas, from Drew Circuit. Affirmed. (4 PAGES PUBLISHED) [ASCII, WP5.1]
97-830. Arkansas Oklahoma Gas Corporation v. Waelder Oil & Gas, Inc. and Southwestern Glass Co., Inc., from Crawford Chancery. Reversed and Remanded. Brown and Imber, JJ., concur. Thornton, J., not participating. (5 PAGES PUBLISHED) [ASCII, WP5.1]
DONALD L. CORBIN, JUSTICE:
97-749. Glenn Higginbotham v. Junction City School District, Alvin Kelly, Leon Hines, Randall J. Lyons, Stan Owens, John Sims, and Kevin Hux, from Union Circuit, Second Division. Affirmed. Newbern, J., not participating. (15 PAGES PUBLISHED) [ASCII, WP5.1]
97-832. Fred Rahat and Mary Rahat v. Akbar Golmirzaie, from Washington Chancery. Affirmed. Newbern, J., not participating. (10 PAGES PUBLISHED) [ASCII, WP5.1]
ROBERT L. BROWN, JUSTICE:
97-714. City of North Little Rock and North Little Rock Airport Commission v. Pulaski County, Arkansas and B. A. McIntosh, Pulaski County Assessor, from Pulaski Circuit. Affirmed. Corbin and Thornton, JJ., concur in part and dissent in part. (10 PAGES + 9 PAGES CON/DIS PUBLISHED) [ASCII, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
97-811. Central Emergency Medical Services, Inc. v. State of Arkansas, from Washington Circuit. Dismissed. (4 PAGES PUBLISHED) [ASCII, WP5.1]
RAY THORNTON, JUSTICE:
CR97-655. Pearl Gennette y v. State of Arkansas, from Hempstead Circuit. Reversed and Remanded. Arnold, C.J., and Glaze and Imber, JJ., dissent. (10 PAGES + 4 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]
97-810. Harold ("Butch") Sargent v. H. G. Foster, Prosecuting Attorney, from Van Buren Circuit. Affirmed. (6 PAGES PUBLISHED) [ASCII, WP5.1]
97-831. Barbara S. Morse v. Sentry Life Insurance Co., Sentry Insurance of Alma, and Wilroy Lewis, from Crawford Circuit. Affirmed. (4 PAGES PUBLISHED) [ASCII, WP5.1]
PER CURIAM OPINION:
CR97-361. Rodney D. Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. (2 PAGES UNPUBLISHED)
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR96-1400. Donnie Ray Tempel v. State of Arkansas, from White Circuit. See per curiam this date. (2 PAGES UNPUBLISHED)
96-1523. Cathy McQuay et al. v. Randall Guntharp, M.D. et al., from Randolph Circuit. See supplemental opinion. Glaze, J., not participating. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR97-865. John E. Medlock v. City of Fort Smith, from Sebastian Circuit, Fort Smith District.
CR97-1276. Kathy Stewart v. State of Arkansas, from Pulaski Circuit, Sixth Division.
97-400. Jarrell E. Southall and Barbara J. Southall v. Little Rock Newspapers, Inc. and Bobbi Ridlehoover, from Pulaski Circuit, Third Division. Brown and Imber, JJ., not participating.
REVIEW GRANTED: Petition for review was granted today in the following case.
98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Workers' Compensation Commission.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR98-261. Henry Silas Killian v. State of Arkansas, from Crawford Circuit.
98-320. Dana Daniel Thetford v. State of Arkansas, from Craighead Circuit, Western District.
98-282. Wade Lucas v. Tanya Grant, Administratrix, from Saline Chancery.
98-289. Frances Brooks v. Richard Potter, Jr., from Pulaski Circuit, Sixth Division.
98-302. High Capacity Products v. Gwendel L. Moore, from Workers' Compensation Commission. Glaze, J., would grant.
CR97-1004. Ronita Faith Bell v. State of Arkansas, from Conway Ci rcuit. Appointment of master. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
CR96-33. Darrel Wayne Hill v. State of Arkansas, from Montgomery Circuit. Appellant's motion to recall mandate. Granted 90 days. Glaze, J., would deny.
CR97-49. Dennis Dale Sublett v. State of Arkansas, from Faulkner Circuit. Joint motion for compliance is granted.
CR97-163. Gary Dean Owens and Judy Christine Owens v. State of Arkansas, from Franklin Circuit, Northern District. Appellee's motion for extension of time and/or to stay appellee's brief time. Granted.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to file enlarged brief is granted.
CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Appellant's motion to file enlarged reply brief is denied.
CR97-766. Larry Donihoo v. State of Arkansas, from Miller Circuit. Appellee's motion to dismiss appeal is granted.
CR97-930. Don Mallett v. State of Arkansas, from Baxter Circuit. Motion of Andrew Clark to be relieved as attorney of record and for extension of time to file brief. Denied. Corbin and Thornton, JJ., would grant.
CR97-1212. Billy Richard Marts II v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to file a corrected brief and for permission to comply with Ark. Sup. Ct. R. 4-3(h) is granted.
CR97-1236. Robert Lovell Brown v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion to file a belated brief is granted.
CR97-1534. Randolph George Hicks v. State of Arkansas, from Baxter Circuit. Entry of appearance of Attorney Edward Witt Chandler. Granted.
CR98-109. Henry Lee Brazil v. State of Arkansas, from Dallas Circuit. Motion for rule on clerk. Motion for belated appeal granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR98-353. Ben Wesley Hicks v. State of Arkansas, from Garland Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
CR98-373. Nathan Elliott v. State of Arkansas, from Van Buren Circuit. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
96-843 & 96-1060. Unigard Security Insurance Company and Employers Surplus Lines Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Appellants' motion to amend mandate is denied. Glaze and Corbin, JJ., not participating.
96-1060. Employers Surplus Lines Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Appeal dismissed as moot.
97-895. James Preston Boyd, Jr. v. Richard Weiss, Director of the Arkansas Department of Finance and Administration et al., from Pulaski Chancery, Third Division. Appellees' motion for additional time for oral argument is granted. Corbin, J. not participating.
97-1099. Darryl A. Littles v. Gina Felicia Flemings (Foster) et al., from Pulaski Chancery, Ninth Division. Appellee's motion to reschedule oral argument is denied.
97-1471. Ratliff Enterprises, Inc. v. American Employers Insurance Company, from Jefferson Chancery. Motion to admit Jack F. Fuchs pro hac vice on behalf of appellee American Employers Insurance Company is granted.
97-1551. Ronald Kuligowski v. Amlease, Inc. and GAB Business Services, Inc., from Workers' Compensation Commission. Appellees' motion to dismiss petition for review is granted.
98-344. Edward D. Hill et al. v. The Arkansas Board of Private Investigators and Private Security Agencies, from Pulaski Circuit, First Division. Motion for rule on clerk is denied.
98-344. Edward D. Hill et al. v. The Arkansas Board of Private Investigators and Private Security Agencies, from Pulaski Circuit, First Division. Appellee's motion to dismiss appeal. Moot.
98-377. Deborah Washington v. Roberta Collins and Sonia Shackelford, from Benton Circuit. Appellees' motion to dismiss appeal is granted.
97-1116. Keith Merritt, Father of Justin Merritt, Minor, from Craighead Chancery, Western District. Appellant's motion for expedited oral argument and expedited review of motion for oral argument is denied.
97-1116. Keith Merritt, Father of Justin Merritt, Minor, from Craighead Chancery, Western District. Appellee's motion for expedited review is denied.
CACR97-71. Irene Waddle v. State of Arkansas, from Yell Circuit, Southern District. Motion for entry of appearance by James Dunham for purpose of filing a review. Granted.
96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al. from Pulaski Circuit, Second Division. Appellees/Cross-appellants motion to submit capacity/standing briefing of both sides from earlier Arkansas Supreme Court appeal in this case is denied.
CR92-923. Daniel W. Risher 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 UNPUBLISHED)
CR95-834. Denver Mitchell, Jr. v. State of Arkansas, from Greene Circuit. Pro se motion for photocopying at public expense. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR96-881. D'Angelo Allen a/k/a Deangelo Allen v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-197. Charles Lee Walker v. State of Arkansas, from Jefferson Circuit. Pro se motion for additional arguments. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-690. Pierre L. Weaver v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Pro se motion to amend appellant's brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-224. Derek Coleman v. State of Arkansas, from Crittenden 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)
CR98-272. Ralph D. Douthitt v. State of Arkansas, from Independence Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Arkansas Rules for Minimum Continuing Legal Education. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
In Re: Supreme Court Committee on the Unauthorized Practice of Law. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
Noyl Houston, Esq. of Jonesboro, First Congressional District, and Ms. Mary Bennett of Little Rock, At-Large Position, are hereby reappointed to the Supreme Court Committee on Unauthorized Practice of Law for three-year terms to expire on May 31, 2001.The Court expresses thanks to Mr. Houston and Ms. Bennett for accepting reappointment to this most important Committee.
PETITIONS FOR REVIEW:
98-339. Charles H. Henry, Sr. v. American Investors Life Insurance Company, from Mississippi Circuit, Chickasawba District.
98-357. Tony Foster v. Teresa Waits, from Pope Chancery.
CR96-1201. Darrell Sheridan v. State of Arkansas, from Saline Circuit. Appellee's motion to withdraw stay of mandate.
CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief.
CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to accept brief.
CR97-1195. Eddie Lavell Parker v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file corrected reply brief.
CR98-383. Millard Russey v. State of Arkansas, from Clark Circuit. Motion of C. A. Blake Batson to be relieved and to appoint Alvin Schay as attorney for appellant.
97-629. Ross Alan Hope v. William W. Hope, Sr. et al., from Grant Chancery. Appellant's motion to reschedule oral argument.
98-38. Janet Calandro and Dale Suezaki v. John W. Parkerson, from Garland Circuit. Appellee's motion for sanctions.
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 to stay brief time and for issuance of a briefing schedule.
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 issuance of a writ of supersedeas.
97-846. Bill Golden v. Westark Community College, from Workers' Compensation Commission. Argued orally.
97-898. Linda Phillips v. City of Oak Grove, from Carroll Chancery, Eastern District. Argued orally.
CR97-144. James Wesley Johnson v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR97-1129. Anthony Wayne Fultz v. State of Arkansas, from Boone Circuit.
CR97-1212. Billy Richard Marts II v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
97-869. Marquis Dewayne Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division.
97-871. Nelson Murders, Jr. et al. v. Garland County, from Garland Circuit.
97-917. B. J. McAdams v. Melvin Ellington, from Pulaski Chancery, Second Division.