Opinions delivered
April 23, 1998
Country Corner Food and Drug, Inc. v. First State Bank and Trust Co. (Brown, J.) 97-608
Fraud -- Statements by appellee bank's
representatives did not support fraud action; tortious-interference
claim without merit; proof insufficient to establish breach of
fiduciary duty; facts insufficient to show duress.
[ASCII,
WP5.1]
Fultz v. State (Glaze, J.) CR97-1129
Search & seizure -- Trial court correct in finding
officers' warrantless search of appellant's car valid; evidence was
sufficient to sustain two convictions on appeal.
[ASCII,
WP5.1]
Jones v. State (Arnold, C.J.) 97-869
Juveniles -- Juvenile transfer; clear and
convincing evidence of violent act and of remote prospects for
rehabilitation supported denial of motion.
[ASCII,
WP5.1]
Marts v. State (Corbin, J.) CR97-1212
Discovery - Alleged violations; defendant cannot
rely on discovery as substitute for his own investigation; failure
to disclose information held by police does not warrant reversal
absent prejudice; appellant failed to demonstrate reversible error
regarding admission of detective's testimony.
[ASCII,
WP5.1]
Matthews v. State (Per Curiam) CR97-461
Attorney & client -- Claim of ineffective
assistance; appellant failed to demonstrate prejudice; ground for
relief unsupported by evidence; no postconviction relief warranted.
[ASCII,
WP5.1]
Murders v. Garland County (Imber, J.) 97-871
Appeal & error -- Brief flagrantly deficient; case
affirmed.
[ASCII,
WP5.1]
Singleton v. Norris, (Per Curiam) CR98-218
Criminal procedure -- Death penalty; question not
previously decided; petition for rehearing of decision to stay
denied.
[ASCII,
WP5.1]
Williams, Marcel Wayne v. State (Per Curiam) CR97-949
Appeal & error -- Motion for extension of time to
file appellant's brief granted.
[ASCII,
WP5.1]
Cherry v. State, CR 97-75 (Per Curiam), affirmed April 23, 1998.
Entwistle v. State, CR 98-100 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted April 23, 1998.
Fielding v. Harkey, 98-461 (Per Curiam), Pro Se Petition for Writ of Mandamus; tendered petition declined April 23, 1998.
Foote v. State, CR 97-414 (Per Curiam), affirmed April 23, 1998.
Williams, Jackie Lee v. State, CR 97-1499 (Per Curiam), Pro Se Motion for Appointment of Counsel and Writ of Certiorari granted and Pro Se Motion for Transcript denied April 23, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
97-869. Marquis Dewayne Jones v. State of Arkansas, from Pulaski Circuit, Fourth Division. Affirmed. (6 PAGES PUBLISHED) [ASCII, WP5.1]
TOM GLAZE, JUSTICE:
CR97-1129. Anthony Wayne Fultz v. State of Arkansas, from Boone Circuit. Affirmed. (6 PAGES PUBLISHED) [ASCII, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR97-1212. Billy Richard Marts II v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Affirmed. (18 PAGES PUBLISHED) [ASCII, WP5.1]
ROBERT L. BROWN, JUSTICE:
97-608. Country Corner Food and Drug, Inc. v. First State Bank and Trust Company of Conway, Arkansas, Tommy Watson and Virgil C. Shannon, from Faulkner Chancery. Affirmed. Newbern, J., not participating. (14 PAGES PUBLISHED) [ASCII, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
97-871. Nelson Murders, Jr., Lester Bates, Vernon Blake, and James Stark v. Garland County, Arkansas, and Larry Williams, as Garland County Judge, from Garland Circuit. Affirmed. (3 PAGES PUBLISHED) [ASCII, WP5.1]
PER CURIAM OPINIONS:
CR97-75. Kyle Duane Cherry v. State of Arkansas, from Sharp Circuit. Affirmed. (9 PAGES UNPUBLISHED)
CR97-414. Wendell Dwayne Foote v. State of Arkansas, from Garland Circuit. Affirmed. (3 PAGES UNPUBLISHED)
CR97-461. Casey Matthews v. State of Arkansas, from Mississippi Circuit. Affirmed. (8 PAGES PUBLISHED) [ASCII, WP5.1]
REHEARING DENIED: Petition for rehearing was denied today in the following case.
CR98-218. Charles Laverne Singleton v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. See per curiam this date. Arnold, C.J., and Glaze and Corbin, JJ., dissent. (3 PAGES + 3 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]
REVIEWS DENIED: Petitions for review were denied today in the following cases.
98-339. Charles H. Henry, Sr. v. American Investors Life Insurance Company, from Mississippi Circuit, Chickasawba District. Corbin, J., not participating.
98-357. Tony Foster v. Teresa Waits, from Pope Chancery.
CR97-949. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Motion for extension of time to file appellant's brief is granted. Show cause order issued. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
97-1377. Gloria Macon, Administratrix et al. v. Conway Corporation, from Faulkner Circuit. Appellee's motion to dismiss appeal is granted.
CR96-1201. Darrell Sheridan v. State of Arkansas, from Saline Circuit. Appellee's motion to withdraw stay of mandate is granted. CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to file belated brief is granted.
CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to accept brief is granted.
CR97-1195. Eddie Lavell Parker v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file corrected reply brief is granted.
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 is granted.
97-629. Ross Alan Hope v. William W. Hope, Sr. et al., from Grant Chancery. Appellant's motion to reschedule oral argument is denied. Thornton, J., not participating.
98-38. Janet Calandro and Dale Suezaki v. John W. Parkerson, from Garland Circuit. Appellee's motion for sanctions. Motion to be submitted with case.
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. Motion moot. Clerk to set 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 and supplement to motion for writ of supersedeas is denied.
CR96-352. Andrew Akins v. State of Arkansas, from Chicot Circuit. Appellee's motion to release and retain exhibits attached to appeal transcript and for expedited consideration is granted.
CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit. Pro se motion for appointment of counsel and writ of certiorari and pro se motion for transcript. Motion for appointment of counsel and writ of certiorari granted; motion for transcript denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-100. James P. Entwistle v. State of Arkansas, from Van Buren Circuit. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (4 PAGES UNPUBLISHED)
98-461. Lee Roy Fielding v. Honorable John Harkey, Judge, from Izard Chancery. Pro se petition for writ of mandamus. Tendered petition declined. See per curiam this date. (2 PAGES UNPUBLISHED)
97-1007. Beverly Enterprises-Arkansas, Inc. v. Arkansas Health Services Agency, from Pulaski Circuit, Third Division. Appellant's motion to dismiss appeal is granted.
CR98-451. David J. Hale v. Hon. David Bogard, Judge, from Pulaski Circuit, Sixth Division. Motion for rule on clerk denied. Appellant's petition for writ of prohibition is moot. (Proceedings of April 21, 1998)
97-1007. Beverly Enterprises-Arkansas, Inc. v. Arkansas Health Services Agency, from Pulaski Circuit, Third Division. Appellant's motion for continuance of oral argument is denied. (Proceedings of April 21, 1998)
PETITIONS FOR REHEARING:
CR97-525. Evote Humphrey v. State of Arkansas, from Lafayette Circuit.
97-721. P. A. Stricklin et al. v. Patrick Henry Hays, Mayor of North Little Rock et al., from Pulaski Circuit, Seventh Division. (appellants)
97-721. P. A. Stricklin et al. v. Patrick Henry Hays, Mayor of North Little Rock et al., from Pulaski Circuit, Seventh Division. (appellees)
PETITION FOR REVIEW:
98-338. Charles W. Freshour v. Brenda West and State of Arkansas ex rel. Office of Child Support Enforcement, from Pulaski Chancery.
CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Motion to file amended motion for enlarged reply brief.
CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Amended motion to file enlarged reply brief.
CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Petition for writ of certiorari.
CR98-255. David Wayne Kelch v. Hon. Harold Erwin, Judge, from Jackson Circuit. Petitioner's motion for accelerated proceeding.
CR98-423. Sedric Maurice Simpson v. Sheriff of Dallas County, Arkansas, from Dallas Circuit. Petition for writ of habeas corpus. 98-283. The Clifford Family Limited Liability Company et al. v. Donald Cox and Lucille M. Cox, from Benton Chancery. Appellees' motion to file supplemental brief.
98-380. Financial Benefit Life Insurance Company et al. v. Mark Weedman, Jr. et al., from Pulaski Circuit, Fifth Division. Appellees' motion for Rule 11 sanctions.
98-409. Stacy Abram, Jr. v. Cathy Moore, from Crittenden Chancery. Motion for rule on clerk.
CA97-1439. Mario Harris v. State of Arkansas, from Union Chancery. Appellee's motion to dismiss appeal.
97-1099. Darryl A. Littles v. Gina Felicia Fleming (Foster), from Pulaski Chancery, Ninth Division. Argued orally.
CR97-1195. Eddie Lavell Parker v. State of Arkansas, from Craighead Circuit, Western District.
CR97-1215. Ricky L. Cook v. State of Arkansas, from Washington Circuit.
CR98-76. David Thompson v. State of Arkansas, from Benton Circuit. 97-878. Golden Tee, Inc. v. Venture Golf Schools et al., from Garland Circuit.
97-884. Tony Tortorich v. Pam Tortorich, from Pulaski Chancery, Fourth Division.
97-907. A.C.E., Inc. v. Inland Mortgage Corporation, from Pulaski Circuit, First Division.