Ellis v. Norris (Per Curiam) 97-104
Constitutional law - Ex post facto clause; Acts 536 and 558 of 1993 did not operate to increase appellant's sentence. [ASCII, WP5.1]

Gourley v. Crossett Pub. Sch. (Thornton, J.) 97-974
Workers' compensation -- Appellant recovered for injury under Workers' Compensation Act; appellant precluded from recovering again under intentional-tort theory. [ASCII, WP5.1]

Guynn v. State (Per Curiam) CR98-278
Appeal & error -- Motion for belated appeal; good cause for granting. [ASCII, WP5.1]

Hanley v. Arkansas State Claims Commission (Imber, J.) 97-775
Mandamus, writ of -- Appellant failed to establish both factors necessary for writ; no abuse of discretion in trial court's denial of appellant's petition for writ; Arkansas Claims Commission created as arm of legislature to resolve claims against State. [ASCII, WP5.1]

Jameson v. State (Glaze, J.) CR97-1043
Criminal law -- Evidence ample to show required elements of rape; denial of appellant's motion for directed verdict affirmed; trial court's determination that jury should determine question of fact as to which degree of kidnapping felony applied was affirmed. [ASCII, WP5.1]

Layman v. Bone (Newbern, J.) 97-948
Civil procedure -- Trial court did not abuse discretion in denying enlargement of time for filing answer; trial court did not abuse discretion in finding no mistake or other reason for appellant's failure to comply with requirement that answer be timely. [ASCII, WP5.1]

McGrew v. State (Per Curiam) CR98-426
Appeal & error -- Motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Parker v. State (Corbin, J.) CR97-1195
Evidence -- Expert testimony; trial court did not abuse discretion in excluding psychologist's testimony; trial court did not abuse discretion in excluding ski mask; trial court did not abuse discretion in allowing witness to testify about meaning of appellant's prior threat. [ASCII, WP5.1]

Payne v. State (Brown, J.) 97-966
Appeal & error -- Order appealed from not final; appeal dismissed without prejudice. [ASCII, WP5.1]

Phillips v. Town of Oak Grove, Arkansas (Thornton, J.) 97-898
Municipal corporations -- Exercise of police power; appellee town could legislate for protection of public health; "regulation versus prohibition" rule not rigidly applied; rational nexus apparent for distinction based on keeping fowl for commercial or private purposes; appellee did not act arbitrarily, capriciously, or unreasonably in enacting ordinance. [ASCII, WP5.1]

Southern Transit Co. v. Collums (Imber, J.) 97-967
Civil procedure -- Default judgment, setting aside; trial court could have rendered void on basis of defective summons; appellant's defense of insufficiency of process waived; trial court did not abuse discretion in granting with respect to appellant's liability. [ASCII, WP5.1]

Stricklin v. Hays (Arnold, C.J.) 97-721
Appeal & error -- Issue raised by dissent not developed below; issue not considered on appeal; petition for rehearing denied. [ASCII, WP5.1]

In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [ASCII, WP5.1]

Leding v. State, 98-123 (Per Curiam), Pro Se Motion to Reconsider Motion for Rule on Clerk denied May 7, 1998.

Mathis v. State, CR 98-291 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted May 7, 1998.

Pike v. State, CR 96-1326 (Per Curiam), affirmed May 7, 1998.

Shibley v. Taylor, CR 98-453 (Per Curiam), Pro Se Petition for Writ of Mandamus denied May 7, 1998.

Slocum v. State, CR 97-1557 (Per Curiam), Pro Se Motion for Continuance denied May 7, 1998.

Stout v. State, CR 97-372 (Per Curiam), affirmed May 7, 1998.

Taylor v. State, CR 98-286 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted May 7, 1998.

Young v. State, CR 97-1392 (Per Curiam), Pro Se Motion for Extension of Time to File Brief denied and appeal dismissed May 7, 1998.

DAVID NEWBERN, JUSTICE:

97-948. Kevin W. Layman v. James Larry Bone, from Sebastian Circuit. Affirmed. (8 PAGES PUBLISHED) [ASCII, WP5.1]

TOM GLAZE, JUSTICE:

CR97-1043. James Jameson v. State of Arkansas, from Craighead Circuit. Affirmed. (11 PAGES PUBLISHED) [ASCII, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR97-1195. Eddie Lavell Parker v. State of Arkansas, from Craighead Circuit. Affirmed. (20 PAGES PUBLISHED) [ASCII, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-966. Robert Lee Payne v. State of Arkansas, from Clark Circuit. Appeal Dismissed. (7 PAGES PUBLISHED) [ASCII, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

97-775. Ray Hanley, In His Official Capacity as Director of the Arkansas Department of Health and Human Services v. Arkansas State Claims Commission et al., from Pulaski Circuit. Affirmed. Brown and Thornton, JJ., dissent. (9 PAGES + 5 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

97-967. Southern Transit Company, Inc. v. Eugene Collums, from Hempstead Circuit. Affirmed. (9 PAGES PUBLISHED) [ASCII, WP5.1]

RAY THORNTON, JUSTICE:

97-898. Linda Phillips and Marvin Phillips v. Town of Oak Grove, Arkansas et al., from Carroll Chancery. Affirmed. Newbern and Glaze, JJ., dissent. (17 PAGES + 3 PAGES DISSENT PUBLISHED) [ASCII, WP5.1]

97-974. Carolyn Gourley v. Crossett Public Schools et al., from Ashley Circuit. Affirmed. Glaze, J., not participating. (6 PAGES PUBLISHED) [ASCII, WP5.1]

PER CURIAM OPINIONS:

CR96-1326. Billy Pike v. State of Arkansas, from Pulaski Circuit. Affirmed. (3 PAGES UNPUBLISHED)

CR97-372. Tony Anthony Stout v. State of Arkansas, from Pulaski Circuit. Affirmed. (3 PAGES UNPUBLISHED)

97-104. Brian K. Ellis v. Larry Norris, from Jefferson Circuit. Affirmed. (8 PAGES PUBLISHED) [ASCII, WP5.1]

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

97-721. P. A. Stricklin et al. v. Patrick Henry Hays, Mayor of North Little Rock, Arkansas et al., from Pulaski Circuit, Seventh Division. (appellants) See supplemental opinion on denial of rehearing. (2 PAGES PUBLISHED) [ASCII, WP5.1]

97-721. P. A. Stricklin et al. v. Patrick Henry Hays, Mayor of North Little Rock, Arkansas et al., from Pulaski Circuit, Seventh Division. (appellees) See supplemental opinion on denial of rehearing.

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

CR98-441. Irene Waddle v. State of Arkansas, from Yell Circuit, Southern District. Corbin, J., not participating.

98-399. David J. Potter v. Margaret Magee, from Miller Circuit. Glaze, J., would grant. Corbin, J., not participating.

98-401. Allen Canning Company v. Ivan Lewis, from Workers' Compensation Commission.

CR97-1515. Robert Green v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to supplement the record and for brief time to amend abstract is granted.

CR98-145. Ken Kittler v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is denied without prejudice. Granted thirty days to file brief. Glaze, J., would grant.

CR98-278. Perry M. Guynn v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file a belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR98-426. David L. McGrew v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

97-310. Richard Jacoby et al. v. Arkansas Department of Education, Vocational and Technical Education Division, from Pulaski Circuit, First Division. Appellee's motion to recall mandate is granted.

98-165. Night Clubs, Inc. d/b/a Regina's House of Dolls, II v. The City of Fort Smith et al., from Sebastian Circuit, Fort Smith District. Appellees' motion to supplement the record is denied.

98-442. Shonda Renee Ryan v. Donald Lee Jones, from Arkansas Chancery, Southern District. Petition for writ of certiorari is denied.

98-442. Shonda Renee Ryan v. Donald Lee Jones, from Arkansas Chancery, Southern District. Respondent's motion to dismiss. Moot. CA98-392. Mary Frances Shirley, Individually and as Executrix of the Estate of Charles Shirley v. Phico Insurance Company and Paul J. Huffstutter, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.

CA98-392. Mary Frances Shirley, Individually and as Executrix of the Estate of Charles Shirley v. Phico Insurance Company and Paul J. Huffstutter, from Crittenden Circuit. Appellant's motion to dismiss appeal as to Paul J. Huffstutter. Moot.

CR97-1392. Frederick L. Young v. State of Arkansas, from Pulaski Circuit. Pro se motion for extension of time to file brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR97-1557. Marcus Slocum v. State of Arkansas, from Pulaski Circuit. Pro se motion for continuance, i.e. extension of time to file brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-286. Kentry Taylor v. State of Arkansas, from Pulaski Circuit. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (4 PAGES UNPUBLISHED)

CR98-291. Michael Ray Mathis v. State of Arkansas, from Yell Circuit. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-453. Kenneth Shibley v. Hon. H. A. Taylor, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (1 PAGE 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 to reconsider motion for rule on clerk. Motion denied. See per curiam this date. (1 PAGES UNPUBLISHED)

CR98-510. Jason McGehee v. State of Arkansas, from Boone Circuit. Motion for stay of execution is granted. (Proceedings of May 1, 1998)

In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (8 PAGES PUBLISHED) [ASCII, WP5.1]

PETITION FOR REHEARING:

97-634. Darin Daniel et al. v. Hon. Glen Jones, County Judge et al., from White Chancery.

PETITION FOR REVIEW:

98-403. Routh Wrecker Service, Inc. and Ronald Routh v. Codney A. Washington, from Pulaski Circuit, Third Division.

CR97-949. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Herbert T. Wright, Jr. is ordered to appear and show cause today at 9:00 a.m.

CR95-1218. Cleotis Willis v. State of Arkansas, from Union Circuit. Appellant's motion for bail on appeal.

CR97-766. Larry Donihoo v. State of Arkansas, from Miller Circuit. Appellant's motion to set aside dismissal of appeal and allow filing of brief.

CR98-478. George Mitchell Moore v. State of Arkansas, from Yell Circuit, Northern District. Motion to file belated appeal.

CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time to file record and for writ of certiorari to complete the record.

CR98-500. Larry Osborn v. Hon. Phillip H. Shirron, Judge, from Saline Circuit. Petition for writ of prohibition.

97-634. Darin Daniel et al. v. Hon. Glen Jones, County Judge et al., from White Chancery. Motion of City of Little Rock to file brief as amicus curiae in support of a petition for rehearing.

97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellee's motion to dismiss appeal.

97-1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Appellee's motion to file a belated brief.

98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellant's second petition for writ of supersedeas.

98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Workers' Compensation Commission. Appellants' motion to file supplemental brief.

98-477. R. Kevin Barham v. Kimberly Barham (now Negley), from Logan Chancery, Northern District. Petition for writ of certiorari.

CA97-1573. D. B. Griffin Warehouse, Inc. v. Margaret Sanders, Individually and as Administratrix of the Estate of Charles Sanders, Deceased, from Phillips Circuit. Appellee's motion to recuse.

CA97-1573. D. B. Griffin Warehouse, Inc. v. Margaret Sanders, Individually and as Administratrix of the Estate of Charles Sanders, Deceased, from Phillips Circuit. Appellee's petition for reconsideration.

97-629. Ross Alan Hope v. William W. Hope, Sr., from Grant Chancery. Argued orally.

97-767. Arkansas Department of Human Services v. Rebecca Pendagraph, from Faulkner Chancery. Argued orally.

CR97-943. Larry Paul Morgan v. State of Arkansas, from Drew Circuit.

CR97-1268. Corey Jones v. State of Arkansas, from Sebastian Circuit, Greenwood District.

97-995. Jerry L. Ross v. Southern Farm Bureau Casualty Insurance Company, from Lee Circuit.

97-1012. Aaron Collins v. Burl Keller, from Crawford Chancery.

97-1034. Carol Hodges v. Mike Huckabee, in His Office Capacity et al., from Pulaski Chancery, Fourth Division.

97-1052. Marcus Van Camp v. Diana K. Van Camp, from Randolph Chancery.