Opinions delivered
May 28, 1998
Ayers v. State (Per Curiam) CR97-368
Contempt -- Fine imposed upon finding of contempt.
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Hamilton v. Arkansas Pollution Control & Ecology Comm'n (Glaze, J.) 97-900
Administrative law & procedure -- Judicial action
by administrative board may be res judicata in second
proceeding involving same question; first order did not bar
subsequent application; second application related to different
business or operation.
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Lever v. State (Imber, J.) CR97-1463
Criminal law -- Substantial evidence of
premeditated and deliberated purpose; capital-murder conviction
affirmed.
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Malone v. Texarkana Pub. Schs. (Arnold, C.J.) 97-1057
Workers' compensation -- Rapid repetitive motion;
Commission had substantial evidence to conclude that appellant's
job duties did not satisfy; decision affirmed.
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McAdams v. Ellington (Newbern, J.) 97-917
Attorney & client -- Appearance of impropriety;
supreme court could not countenance subsequent representation of
appellant's former wife by attorney.
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Stapleton v. M. D. Limbaugh Constr. Co.(Imber, J.) 97-1153
Workers' compensation -- No real or quasi-
employment relationship existed; legislature could not limit
appellant's right to recover damages; Ark. Code Ann. § 11-9-
105(a) as amended by Ark. Act 796 of 1993, § 4, held
unconstitutional; order of dismissal reversed and case remanded.
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Thompson v. City of Siloam Springs, Arkansas (Arnold, C.J.) 97-626
Eminent domain -- Inverse condemnation; appellee
city's actions did not constitute a taking; trial court did not err
in denying appellee city's request for attorney's fees.
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Mason v. Wal-Mart Stores, Inc. (Glaze, J.) 96-1531
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Delong v. State, CR 98-508 (Per Curiam), Pro Se Motion for Rule on Clerk denied May 28, 1998.
Jones v. State, CR 97-1167 (Per Curiam), Pro Se Motion to File a Substituted Brief or Supplemental Abstract granted May 28, 1998.
Looper v. State, CR 98-24 (Per Curiam), Pro Se Motions for Extension of Time, for Appointment of counsel, and to Supplement Record denied and appeal dismissed May 28, 1998.
Robinson v. State, CR 97-403 (Per Curiam), affirmed May 28, 1998. Smith, Earl Edward v. State, CR 97-560 (Per Curiam), reversed and remanded May 28, 1998
Smith, Robert Lee v. State, CR 98-491 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted May 28, 1998.
Walker v. State, CR 97-197 (Per Curiam), Pro Se Motion for Extension of Time granted May 28, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
97-626. Harold Thompson and Donna Thompson, Husband and Wife v. City of Siloam Springs, Arkansas, from Benton Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
97-1057. Anna Malone v. Texarkana Public Schools, from Arkansas Workers' Compensation Commission. Affirmed. Arkansas Court of Appeals Reversed. Special Justice J. D. Moon joins in this opinion. Brown, J., not participating. (8 PAGES PUBLISHED) [HTML, WP5.1]
DAVID NEWBERN, JUSTICE:
97-917. B. J. McAdams v. Melvin Ellington, from Pulaski Chancery. Affirmed in Part; Reversed and Remanded in Part. Imber, J., not participating. (10 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
97-900. Travis Hamilton et al. v. Arkansas Pollution Control & Ecology Commission, from Yell Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR97-1463. James C. Lever v. State of Arkansas, from Craighead Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
97-1153. John Stapleton, Jr. v. M. D. Limbaugh Construction Co., from Washington Circuit. Reversed and Remanded. (14 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR97-403. Robert Sherman Robinson v. State of Arkansas, from Pulaski Circuit. Affirmed. (4 PAGES UNPUBLISHED)
CR97-560. Earl Edward Smith v. State of Arkansas, from Pulaski Circuit. Reversed and Remanded. (4 PAGES UNPUBLISHED)
REHEARING DENIED: Petition for rehearing was denied today in the following case.
96-1351. John M. Mason v. Wal-Mart Stores, Inc., from Crittenden Circuit. Arnold, C.J., and Glaze, J., would grant. Corbin, J., not participating. (8 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR98-488. Robert McIntosh v. State of Arkansas, from Pulaski Circuit, Sixth Division. Corbin, J., not participating.
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. Corbin, J., not participating.
98-477. R. Kevin Barham v. Kimberly Barham (now Negley), from Logan Chancery, Northern District. Petition for writ of certiorari. Granted thirty days to file record.
CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit, Fourth Division. Contempt order issued. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR92-579. Wilburn Anthony Henderson v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for appointment of counsel is denied. See Perry v. State, CR82- 19.
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 is granted.
CR97-1212. Billy Richard Marts II v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion to stay mandate is denied.
CR97-53. Michael Henderson v. State of Arkansas, from Pulaski Circuit, First Division. Appellee's motion for expedited release of exhibits is granted upon substitution of copies.
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 is denied.
98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellant's motion to proceed in forma pauperis is granted.
98-550. Paul Ritter and Linda Ritter v. Stacey Stone and John Stone, from Craighead Chancery, Western District. Motion for rule on clerk is denied.
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. Denied.
CR97-197. Charles Lee Walker v. State of Arkansas, from Jefferson Circuit. Pro se motion for extension of time. Motion granted. (Final Extension) See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-1167. Michael L. Jones a/k/a Mikneyah Ben Yahweh v. State of Arkansas, from Hempstead Circuit. Pro se motion to file a substituted brief or supplemental abstract. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-24. Jared M. Looper v. State of Arkansas, from Jefferson Circuit. Pro se motions for extension of time, for appointment of counsel, and to supplement record. Motions denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-491. Robert Lee Smith, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se motion for belated appeal of judgment. Motion granted. See per curiam this date. (3 PAGES UNPUBLISHED)
CR98-508. Elbert L. Delong v. State of Arkansas, from White Circuit. Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
PETITIONS FOR REHEARING:
96-1350. Jerry Adams v. James Arthur, M.D. et al., from Garland Circuit.
96-1355. Deborah Ann Johnson and John Johnson v. James Arthur, M.D. et al., from Garland Circuit.
96-1406. Kenneth and Jan Mitchell v. James Arthur, M.D. et al., from Garland Circuit.
96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. (Appellee/Cross-Appellant Walker)
96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. (Appellees/Cross-Appellants Aearth Corporations and Coal Processors)
97-765. Joshua Garcia v. State of Arkansas, from Pope Chancery.
97-871. Nelson Murders, Jr. et al. v. Garland County, from Garland Circuit.
PETITIONS FOR REVIEW:
98-479. Kendra Dotson Jones v. Little Rock Family Planning Services, P. A. et al., from Pulaski Circuit.
98-518. Maverick Transportation v. James D. Lee, from Workers' Compensation Commission.
98-528. Express Human Resources III/Spirit Homes, Inc. v. Farren A. Terry, from Workers' Compensation Commission.
CR98-241. Harry Clark, Jr. v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CR98-436. Freddie Davis Matthews v. State of Arkansas, from Washington Circuit. Motion of Rick Woods to withdraw as attorney for appellant.
CR98-573. Ahmad Eid v. State of Arkansas, from Pulaski Circuit, Second Division. Motion for belated appeal.
CR98-573. Ahmad Eid v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to modify Ark. R. App. P.-- Crim. 2(b).
CR98-625. Dale Hayden v. State of Arkansas, from Nevada Circuit. Motion for belated appeal.
97-871. Nelson Murders, Jr. et al. v. Garland County, Arkansas, from Garland Circuit. Appellee's motion for extension of time to file response to petition for rehearing.
98-102. Arkansas Board of Examiners in Counseling v. Mary Pat Carlson, from Miller Circuit. Appellee's motion to file belated brief.
98-369. Randall Mark Shochet v. Board of Law Examiners, an Original Action. Appellant's motion for belated brief.
98-566. Benton/Washington County Water Association v. Citizens for Feasible and Affordable Water, Inc. et al., from Benton Chancery. Appellees' motion to dismiss appeal.
97-935. Umlic 2 Funding Corporation v. Frank W. Butcher, from Arkansas Circuit, Northern District. Argued orally.
97-990. Sherry Lou Henderson v. Little Rock School District, from Pulaski Circuit, Sixth Division. Argued orally.
97-702. Village Market, Inc. v. State Farm General Insurance Company, from Sebastian Circuit, Fort Smith District.
97-1293. Merck-Medco Managed Care, Inc. v. Pharmacy Associates, Inc., from Pulaski Circuit, Fifth Division.
97-1309. Michael Coats et al. v. Jerry Gardner, from Crawford Circuit.
97-1316. Hughey E. Jolly v. Estate of Ernestine Owen Jolly, Deceased, from Arkansas Probate, Northern District.
97-1318. Thelma Vincent v. Prudential Insurance Brokerage, from Pulaski Circuit, Second Division.
97-1355. Laurie Vanwagoner v. Beverly Enterprises, Inc., from Sebastian Circuit, Fort Smith District.