ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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333 Ark.

Opinions delivered
May 21, 1998


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Campbell v. City of Cherokee Village West (Corbin, J.) 97-1093
Municipal corporations -- Complaint to prevent organization; appellant had standing to bring complaint and was entitled to hearing; case reversed and remanded. [HTML, WP5.1]

Donihoo v. State (Per Curiam) CR97-766
Contempt -- Motions setting aside dismissal granted; show-cause order issued. [HTML, WP5.1]

Hope v. Hope (Brown, J.) 97-629
Deeds -- Proof confirmed intention of parties at time of contract and deed; trial court not clearly erroneous in finding a mutual mistake of fact in wording of deed; reformation of deed proper. [HTML, WP5.1]

Kildow v. Baldwin Piano & Organ (Thornton, J.) 97-828
Workers' compensation -- Rapid repetitive motion; carpal tunnel syndrome considered compensable; Commission erred in interpretation of law; CTS specifically categorized as compensable injury. [HTML, WP5.1]

Moore v. Arkansas Dep't of Human Servs. (Arnold, C.J.) 97-982
Patent & child -- Termination of parental rights; appellee continued to have legal custody of child until chancery court dismissed action; clear and convincing evidence that child was dependent-neglected; chancellor's order affirmed. [HTML, WP5.1]

Morgan v. State (Arnold, C.J.) CR97-943
Criminal procedure -- Speedy trial; State met burden; trial court did not err in denying motion to dismiss. [HTML, WP5.1]

Van Camp v. Van Camp (Corbin, J.) 97-1052
Parent & child -- Earlier order did not change obligations of partes under negotiated property-settlement agreement; no reversible error in chancellor's issuance of order to "correct" order purporting to terminate appellant's legal obligation to support child past age of majority. [HTML, WP5.1]

Wickliffe v. State (Per Curiam) 96-108
Contempt -- Show-cause order issued. [HTML, WP5.1]

APPENDIX

In Re: Adoption of a Rule of Criminal Procedure Governing Alternate Jurors in Criminal Trials: Rule 32.3 (Per Curiam) [HTML, WP5.1]

In Re: Arkansas Rule of Criminal Procedure 26.1 (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bragg v. State, CR 98-341 (Per Curiam), Pro Se Motion for Rule on Clerk denied and Pro Se Motion to Reverse Order moot May 21, 1998.

Carter v. State, CR 98-273 (Per Curiam), Pro Se Motion for Belated Appeal of Order granted and Pro Se Motion for Appointment of Counsel for appointment of counsel moot May 21, 1998.

Heard v. State, CR 93-1261 and CR 95-445 (Per Curiam), Pro Se Motion for Photocopies of Pages from Transcripts denied May 21, 1998.

Hill v. State, CR 97-1462 (Per Curiam), Pro Se Motion for Belated Appeal of Order granted and Pro Se Motion for Trial Transcript denied May 21, 1998.

Mosley v. State, CR 95-1345 (Per Curiam), Pro Se Petition for Leave to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis denied May 21, 1998.

Wilson v. Cass, CR 97-430 (Per Curiam), affirmed May 21, 1998.


ORIGINAL OPINION

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

CR97-943. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Affirmed. Newbern, Brown, and Thornton, JJ., dissent. (11 PAGES + 7 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

97-982. Stephen Moore v. Arkansas Department of Human Services, from Washington Chancery. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

97-1052. Marcus Van Camp v. Diana K. Van Camp, from Randolph Chancery. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

97-1093. Jack Campbell v. City of Cherokee Village West, Arkansas, from Fulton Circuit. Reversed and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-629. Ross Alan Hope v. William W. Hope, Sr. and Wanda Sue Flowers, as Trustees for the James Arthur and Mary Winborne Hope Irrevocable Trust v. Mary Winborne Hope, from Grant Chancery. Affirmed. Special Associate Justice H. E. Cummins joins. Thornton, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

97-828. Lilly Kildow v. Baldwin Piano & Organ, from Arkansas Workers' Compensation Commission. Reversed and Remanded. Arkansas Court of Appeals Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR97-430. Kenneth R. Wilson v. Terry Cass, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED)

PER CURIAM ORDERS

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

CR97-655. Pearl Genette Anthony v. State of Arkansas, from Hempstead Circuit. Glaze, J., would grant.

97-811. Central Emergency Medical Services, Inc. v. State of Arkansas, from Washington Circuit.

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REVIEW GRANTED: Petition for review was granted today in the following case.

98-405. Eugene Ester v. National Home Centers, Inc., from Workers' Compensation Commission.

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

98-439. Continental Express v. William Harris, from Workers' Compensation Commission.

98-454. Walter Buford v. Jim Alderson and Donna Alderson, d/b/a Alderson Lumber Company, from Cross Chancery. Corbin, J., not participating.

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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 is granted. Appellant's pro se motion to reinstate appeal granted. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-49. Melvin Dulaney v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file belated brief is granted.

CR98-98. Clay Anthony Ford v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(g) and 4-3(h) is granted.

CR98-171. Kenneth Lamont Slocum v. State of Arkansas, from Pulaski Circuit, Sixth Division. Second motion for extension of time and clarification of case status. Dismissed as moot.

97-1028. Farm Bureau Policy Holders and Members, Dennis Lee, Class Representative v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. and Southern Farm Bureau Casualty Insurance Company, from Chicot Chancery. Appellant's motion to enlarge oral argument time and for leave to utilize enlarged exhibits during argument. Motion to enlarge time for oral argument is denied. Motion to use enlarged exhibits granted. Glaze and Corbin, JJ., not participating.

CA97-1085. William Keith Webber v. Arkansas Department of Human Services, from Crittenden Chancery. Motion for attorney's fees. Briefing schedule ordered.

CA97-1334. Rick Dover v. Department of Human Services et al., from Benton Chancery. Motion for attorney's fees. Briefing schedule ordered.

TEN 96-108. Jesse Dewayne Wickliffe v. State of Arkansas, from Pulaski Circuit, Sixth Division. Show cause order. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR93-1261 and CR95-445. Ollis X. Heard v. State of Arkansas, from Miller Circuit. Pro se motion for photocopies of pages from transcripts. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED)

CR95-1345. John H. Mosley v. State of Arkansas, from Faulkner 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)

CR97-1462. Leslie Glen Hill v. State of Arkansas, from Woodruff Circuit. Pro se motion for belated appeal of order and pro se motion for trial transcript. Motion for belated appeal granted; motion for transcript denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-273. Jason Carter v. State of Arkansas, from Pulaski Circuit. Pro se motion for belated appeal of order and pro se motion for appointment of counsel. Motion for belated appeal of order granted; motion for appointment of counsel moot. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-341. Rodney Bragg v. State of Arkansas, from Nevada Circuit. Pro se motion for rule on clerk and pro se motion to reverse order. Motion for rule on clerk denied; motion to reverse order moot. See per curiam this date. (3 PAGES UNPUBLISHED)

In Re: Arkansas Rule of Criminal Procedure 26.1. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

In the Matter of Adoption of a Rule of Criminal Procedure governing Alternate Jurors in Criminal Trials: Rule 32.3. See per curiam this date. [HTML, WP5.1] (4 PAGES PUBLISHED)

MOTIONS SUBMITTED

PETITION FOR REHEARING:

96-1351. John M. Mason v. Wal-Mart Stores, Inc., from Crittenden Circuit.

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PETITIONS FOR REVIEW:

CR98-488. Robert McIntosh v. State of Arkansas, from Pulaski Circuit, Sixth Division.

98-486. Moro Motors, Inc. and Sam B. Fullerton v. First State Bank of Warren, from Bradley Circuit.

98-499. John Scott Copas v. Kathryn Copas, from Lonoke Chancery.

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CR92-579. Wilburn Anthony Henderson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for appointment of counsel.

CR97-1101. State of Arkansas v. David W. Babbs and Russell C. Conger, from Saline Circuit. Appellee's motion for expedited oral argument and review.

CR97-1212. Billy Richard Marts II v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to stay mandate.

98-316. Harold "Butch" Sargent v. Jack Lewis, Municipal Judge, from Van Buren Circuit. Motion of Fred DuVall to file an amicus curiae brief in support of appellant.

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellant's motion to proceed in forma pauperis.

98-550. Paul Ritter and Linda Ritter v. Stacey Stone and John Stone, from Craighead Chancery, Western District. Motion for rule on clerk.

TEN98-19. Kasib Tauheed Bilal v. State of Arkansas, from Pulaski Circuit, Third Division. Pro se motion for rule on clerk and petition for writ of mandamus.

SUBMISSIONS

97-667. Jimmy Dale Swink, Jr. v. Gerald Giffin, from Pulaski Chancery, Sixth Division. Argued orally.

97-900. Travis Hamilton v. Arkansas Pollution Control & Ecology Commission, from Yell Circuit, Northern District. Argued orally.

CR98-255. David Kelch v. Hon. Harold Erwin, Judge, from Jackson Circuit.

CR97-467. Joel Keith Tabor v. State of Arkansas, from Boone Circuit.

CR97-1350. Charles Sims v. State of Arkansas, from Lonoke Circuit. CR97-1463. James C. Lever v. State of Arkansas, from Craighead Circuit, Western District.

97-626. Harold Thompson v. City of Siloam Springs, from Benton Circuit.

97-1185. Lewis Edward Dellinger, Jr. et al. v. First National Bank of Russellville, from Pulaski Chancery, Sixth Division.