ARKANSAS SUPREME COURT
ADVANCE REPORTS
---------------
IN THIS ISSUE
---------------
333 Ark.

Opinions delivered
June 11, 1998


Download ZIP file containing today's WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

Arkansas Dep't of Human Servs. v. R. P. (Imber, J.) 97-767
Juveniles -- Criteria for family services met; trial court ordered services to prevent child from being removed from her mother; trial court's order to pay bills did not exceed statutory authority; order definite as to duties imposed; area manager clearly had knowledge of order and specifically instructed subordinate not to pay bills with agency's funds; finding of contempt affirmed; sentence modified. [HTML, WP5.1]

Barr v. State (Per Curiam) CR98-328
Appeal & error -- Motion to dismiss appeal denied; appellant's attorney remained counsel of record. [HTML, WP5.1]

Bedford v. Fox (Brown, J.) 97-1425
Estoppel -- Trial court erred in ruling that person to be estopped must have created infirmity; reversed and remended. [HTML, WP5.1]

Carson v. Weiss (Thornton, J.) 97-984
Constitutional law -- Illegal-exaction clause provides for constitutionally established class of interested persons; order denying class certification reversed and remanded. [HTML, WP5.1]

Donihoo v. State (Per Curiam) CR97-766
Contempt -- Counsel held in contempt and fined. [HTML, WP5.1]

In the Matter of the Adoption of Samant (Newbern, J.) 97-1358
Adoption -- Law as to residence changed; Pollock case effectively overruled; jurisdiction for adoptions based upon physical presence of petitioner or the person to be adopted. [HTML, WP5.1]

Kelch v. Erwin (Thornton, J.) CR98-255
Criminal procedure -- Speedy trial; withdrawal of guilty plea restarted speedy-trial time on amended information; appellant's speedy-trial right not violated; writ of prohibition denied. [HTML, WP5.1]

Littles v. Flemings (Newbern, J.) 97-1099
Parent & child -- Support modification; effect of Ark. Code Ann. § 9-10-115(d); chancellor erred in declining to terminate appellant's obligation for future child-support payments; nothing in statute conditions right to relief from child-support obligation upon ability to have paternity judgment set aside. [HTML, WP5.1]

Matthews v. State (Per Curiam) CR98-436
Appeal & error -- Withdrawal of counsel; motion denied. [HTML, WP5.1]

State v. Earl (Glaze, J.) CR97-1310
Search & seizure -- Officer authorized to arrest appellee could lawfully conduct search; decision to issue citation did not affect officer's right to conduct search of same scope as one incident to arrest. [HTML, WP5.1]

State v. One 1993 Toyota Camry (Glaze, J.) 97-1394
Forfeitures -- Ark. Code Ann. § 5-64-505; trial court erred in ruling that forfeiture statute did not compel vehicle's owner to show both that she lacked knowledge that her car was illegally used to transport drugs and that boyfriend had no such knowledge. [HTML, WP5.1]

Thompson v. Roberts (Imber, J.) 97-1150
Municipal corporations -- Incompatibility doctrine; trial court erred in finding that appellants failed to carry burden of proof; bookkeeper subject to supervisory power of mayor. [HTML, WP5.1]

Village Market, Inc. v. State Farm Gen. Ins. Co. (Imber, J.) 97-702
Insurance -- Appellee entitled to summary judgment due to appellant's failure to comply with duty under policy to set aside damaged property for inspection. [HTML, WP5.1]

Williams v. State (Per Curiam) CR97-949
Contempt -- Contempt order issued. [HTML, WP5.1]

APPENDIX

In Re: Supreme Court Committee on Professional Conduct (Per Curiam)
[HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Carlock v. State, CR 96-1549 (Per Curiam), rebriefing schedule set June 11, 1998.

Choate v. State, CR 97-90 (Per Curiam), affirmed June 11, 1998.

Hawthone v. State, CA CR 97-1021 (Per Curiam), Pro Se Motion for Photocopy of Material at Public Expense denied June 11, 1998.

Jones, Howard W. v. State, 98-547 (Per Curiam), Pro Se Motion for Rule on Clerk and Pro Se Motion for Appointment of Counsel denied June 11, 1998.

Macfarland v. State, CR 98-404 (Per Curiam), Pro Se Motion for Appointment of New Counsel denied June 11, 1998.

Noble v. State, CR 96-1442 (Per Curiam), affirmed June 11, 1998.

Risher v. State, CR 92-923 (Per Curiam), Pro Se Petition for Rehearing of Motion to Proceed in Circuit Court with Petition for Writ of Error Coram Nobis, for Writ of Certiorari, to Settle the Record, and to Produce Records denied June 11, 1998.

Rowbottom v. State, CR 98-5 (Per Curiam), Pro Se Motion for Leave to Amend Appellant's Abstract granted and Pro Se Petition for Writ of Certiorari moot June 11, 1998.


ORIGINAL SYLLABUS
DAVID NEWBERN, JUSTICE:

97-1099. Darryl A. Littles v. Gina Felicia Flemings (Foster), from Pulaski Chancery. Affirmed in Part; Reversed and Remanded in Part. Brown, J., concurs. Glaze and Imber, JJ., dissent. (13 PAGES + 1 PAGE CONCUR BROWN + 3 PAGES DISSENT IMBER PUBLISHED) [HTML, WP5.1]

97-1358. In the Matter of the Adoption of Samantha Tara Samant, a Minor, Annette Rose Samant, from Pulaski Chancery. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR97-1310. State of Arkansas v. Hezile Earl, Jr., from Prairie Circuit. Reversed and Remanded. Corbin, J., concurs. Newbern, Brown, and Imber, JJ., dissent. (8 PAGES + 10 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

97-1394. State of Arkansas v. One 1993 Toyota Camry, VIN. No. 4T1SK12EXPU283054, from Pulaski Circuit. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-1425. Jack Bedford and Jack D. Bedford, Inc. v. James Fox and Patricia Fox, Husband and Wife, from Washington Chancery. Reversed and Remanded. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

97-702. Village Market, Inc. v. State Farm General Insurance Company, from Sebastian Circuit. Affirmed. Arnold, C.J., and Glaze and Thornton, JJ., dissent in part. (10 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

97-767. Arkansas Department of Human Services v. R. P., from Faulkner Chancery. Affirmed as Modified. Glaze, J., concurs. Arnold, C.J., and Brown and Thornton, JJ., concur in part and dissent in part. (30 PAGES + 2 PAGES CONCUR + 3 PAGES CON/DIS PUBLISHED) [HTML, WP5.1]

97-1150. Sue Thompson v. Florence E. Roberts, from Prairie Circuit. Reversed and Remanded. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR98-255. David Kelch v. Hon. Harold Erwin, on Petition for Writ of Prohibition from the Jackson County Circuit Court. Petition Denied. (8 PAGES PUBLISHED) [HTML, WP5.1]

97-984. Mary Chavers Carson v. Richard Weiss, Director, Arkansas Department of Finance and Administration; and Jimmie Lou Fisher, Treasurer, State of Arkansas, from Pulaski Chancery. Reversed and Remanded. (5 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR96-1442. Sherman Noble v. State of Arkansas, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED)

CR96-1549. Robert Carlock v. State of Arkansas, from Poinsett Circuit. Rebriefing Schedule Set. (2 PAGES UNPUBLISHED)

CR97-90. Freddie Wayne Choate v. State of Arkansas, from Pulaski Circuit. Affirmed. (4 PAGES UNPUBLISHED)

PER CURIAM ORDERS

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

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.

97-878. Golden Tee, Inc. v. Venture Golf Schools, Inc. and Cooper Communities, Inc., from Garland Circuit.

******************************

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

CR98-560. James Larry Poe v. State of Arkansas, from Washington Circuit. Corbin, J., not participating.

98-557. Christopher Ward v. Linda Mae Ward McCord, from Faulkner Chancery.

98-583. Mike Collins v. Karen Collins, from Washington Chancery. Corbin, J., not participating.

******************************

CR97-949. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-436. Freddie Davis Matthews v. State of Arkansas, from Washington Circuit. Motion of Rick Woods to withdraw as attorney for appellant is denied. Clerk to set briefing schedule. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR97-766. Larry Donihoo v. State of Arkansas, from Miller Circuit. Contempt order issued. See per curiam this date. Corbin, J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-286. Kentry D. Taylor v. State of Arkansas, from Pulaski Circuit, First Division. Petition for writ of certiorari to complete the record. Granted thirty days to complete record.

CR98-328. Richard Francis Barr v. State of Arkansas, from Faulkner Circuit. Appellee's motion to dismiss appeal is denied. Clerk to set briefing schedule. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-594. Tracy Rudd v. Hon. Harold Erwin, Judge, from Lawrence Circuit. Petition for writ of prohibition and motion for stay is denied.

98-222. Estate of James M. Berry, Deceased v. Style Optics, Inc. et al., from Pulaski Chancery, Second Division. Appellant's motion to supplement the record is granted.

98-598. James C. Arrington, M.D. v. Hon. Jim Hudson, Judge, from Hempstead Circuit. Petition for writ of prohibition, motion to accelerate proceedings and for temporary stay. Denied without prejudice. Glaze and Imber, JJ., not participating.

CR92-923. Daniel W. Risher v. State of Arkansas, from Columbia Circuit. Pro se petition for rehearing of motion to proceed in circuit court with petition for writ of error coram nobis, for writ of certiorari, to settle the record, and to produce records. Petition denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-5. Bruce L. Rowbottom v. State of Arkansas, from Benton Circuit. Pro se motion for leave to amend appellant's abstract and pro se petition for writ of certiorari. Motion for leave to amend abstract in appellant's brief granted; petition for writ of certiorari moot. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-404. Benjamin Macfarland v. State of Arkansas, from Boone Circuit. Pro se motion for appointment of new counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

98-547. Howard W. Jones v. State of Arkansas, from Pulaski Circuit. Pro se motion for rule on clerk and pro se motion for appointment of counsel. Motion for rule on clerk and motion for appointment of counsel denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CACR97-1021. Johnnie Ray Hawthone v. State of Arkansas, from Miller Circuit. Pro se motion for photocopy of material at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

98-670. Seeco, Inc. et al. v. Alan Hales et al., from Sebastian Circuit, Fort Smith District. Appellants' motion for expedited consideration and motion for stay of proceedings. Motion for expedited consideration granted. Temporary stay granted. Briefing schedule set. See per curiam issued June 10, 1998. (Proceedings of June 10, 1998)

In Re: Supreme Court Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Win A. Trafford, Esq., of Pine Bluff, Fourth Congressional District, is hereby appointed to our Committee on Professional Conduct for a seven year term to expire December 31, 2005. The Court thanks Mr. Trafford for accepting appointment to this important Committee.

The Court expresses its gratitude to Mr. Alan Humphries, Esq., of Pine Bluff, whose term has expired, for his years of service to this Committee.

MOTIONS SUBMITTED

PETITION FOR REHEARING:

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

******************************

PETITION FOR REVIEW:

98-609. John Robert Nash et al. v. Gerald A. Scott et al., from Pulaski Chancery, Sixth Division.

******************************

CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Motion to admit attorney pro hac vice.

CR97-949. Marcel Wayne Williams v. State of Arkansas, from Pulaski Circuit, Second Division. Appellant's motion to file enlarged brief.

CR98-100. James P. Entwistle v. State of Arkansas, from Van Buren Circuit. Petition for writ of certiorari.

CR98-305. Gary Carter, Jr. v. State of Arkansas, from Lincoln Circuit. Appellee's motion to dismiss appeal.

97-1168. Janice Edwards, as Guardian of Joe Edwards v. David Stills and Tanya Stills, from Washington Circuit. Appellant's motion for additional time for oral argument.

98-38. Janet Calandro and Dale Suzaki v. John W. Parkerson, from Garland Circuit. Appellee's motion for sanctions.

98-168. Charles D. Ray and Michelle L. Ray v. Bonds II Surety Group, Inc., from Pulaski Chancery, Fifth Division. Appellant's motion to dismiss appeal.

98-403. Routh Wrecker Service, Inc. and Ronald Routh v. Codney A. Washington, from Pulaski Circuit, Third Division. Appellants' motion to file supplemental brief.

98-628. Billy Bowman et al. v. City of Russellville, from Pope Chancery. Appellee's motion to dismiss appeal.

98-631. Curtis Hutchins, Jr. v. Hon. Edward Jones, Chancellor, from Ouachita Chancery. Petition for writ of prohibition and for temporary stay.

98-631. Curtis Hutchins, Jr. v. Hon. Edward Jones, Chancellor, from Ouachita Chancery. Motion of Karen Hutchins Oholendt for enlargement of time to file response.

98-644. Jerry W. Stewart and Linda S. Stewart v. Norton Automotive Enterprises, Inc. et al., from Saline Circuit. Appellees' motion to dismiss appeal.

98-647. Drew Malone Raines III v. Pulaski Bank and Trust Company, from Pulaski Circuit, Third Division. Petition to proceed in forma pauperis.

SUBMISSIONS

CR97-1442. James Doyle Bailey v. State of Arkansas, from Monroe Circuit.

97-759. Robert A. Norman v. Josephine L. Norman, from Garland Chancery.

97-1414. Interstate Oil & Supply Company et al. v. Troutman Oil Company, from Pulaski Circuit, First Division.

97-1541. David Mitcham v. First State Bank of Crossett, Arkansas, from Union Circuit.

98-38. Janet Calandro et al. v. John W. Parkerson, from Garland Circuit.

98-43. In the Matter of Mary Ann Daniels v. State of Arkansas, from Pulaski Probate, Ninth Division.

98-117. Edward A. Moory v. First National Bank of DeWitt, from Arkansas Circuit, Northern District.