ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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333 Ark.

Opinions delivered
June 25, 1998


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Boyd v. Weiss (Brown, J.) 97-895
Taxation -- Act 48 of 1977; no unlawful delegation of legal authority; legitimate state objective; not local legislation in providing tax incentive for people in surrounding cities to move to Texarkana. [HTML, WP5.1]

Brown v. State (Brown, J.) CR97-1236
Appeal & error -- No motion made at trial about brevity of deliberations; issue raised for first time on appeal not preserved for review. [HTML, WP5.1]

Johnson v. State (Glaze, J.) CR97-1447
Criminal procedure -- Tip carried sufficient evidence of reliability; investigatory stop justified; statutes dealt with two separate offences; Ark. Code Ann. § 5-74-106 constitutional. [HTML, WP5.1]

Liberty Mut. Ins. Co. v. Thomas (Arnold, C.J.) 97-1134
Insurance -- Omnibus clause; initial-permission rule; conversion exception not applicable. [HTML, WP5.1]

Matthews v. State (Per Curiam) CR97-267
Appeal & error -- Abstract deficient; review precluded; issue not ruled on below; appellate review precluded. [HTML, WP5.1]

Myers v. State (Per Curiam) CR97-267
Attorney & client -- Ineffective assistance of counsel; potential conflict of interest not brought to court's attention until Rule 37 petition filed; appellant alleged conflict of interest. [HTML, WP5.1]

Robinson v. Langdon (Newbern, J.) 97-1451
Constitutional law -- Civil rights; agency not guilty of violating "established right" of appellee; no property interest in employment; summary judgment in employer's favor affirmed. [HTML, WP5.1]

Wickliffe v. State (Per Curiam) 96-108
Contempt -- Master not appointed; counsel complied with sentencing portion of earlier per curiam. [HTML, WP5.1]

APPENDIX

In Re: Arkansas Rules for Mininum Continuing Legal Education (Per Curiam) [HTML, WP5.1]

In Re: Client Security Fund Committee Appointment (Per Curiam) [HTML, WP5.1]

In Re: The Supreme Court of Arkansas Committee on Civil Practice (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Kain v. State, CR 98-460 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief denied and appeal dismissed June 25, 1998.

Norman v. State, CR 98-582 (Per Curiam), Pro Se Motion for Judicial Review and to Proceed Pro Se denied June 25, 1998.

Ramos v. State, CR 98-730 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal granted; Writ of Certiorari issued; Show Cause Order issued June 25, 1998.


ORIGINAL SYLLABUS

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

97-1134. Liberty Mutual Insurance Company v. Cleophes Thomas, from Desha Circuit. Affirmed. Arkansas Court of Appeals Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

DAVID NEWBERN, JUSTICE:

97-1451. Delores Robinson v. Kenneth Langdon, from Garland Circuit. Reversed and Remanded on Appeal; Affirmed on Cross-Appeal. (13 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR97-1447. Perry Eugene Johnson v. State of Arkansas, from Jackson Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

CR97-1236. Robert Lovell Brown v. State of Arkansas, from Pulaski Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

97-895. James Preston Boyd, Jr. v. Richard Weiss, Director of the Department of Finance and Administration for the State of Arkansas et al., from Pulaski Chancery. Affirmed. Special Associate Justice H. E. Cummins joins. Newbern and Imber, JJ., dissent. Corbin, J., not participating. (14 PAGES PUBLISHED, 4 PAGE DISSENT) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR97-139. Keith Allen Myers v. State of Arkansas, from Faulkner Circuit. Affirmed. (18 PAGES PUBLISHED) [HTML, WP5.1]

CR97-267. Shirley Matthews v. State of Arkansas, from Craighead Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR97-943. Larry Paul Morgan v. State of Arkansas, from Drew Circuit. Newbern, J., would grant.

97-828. Lilly Kildow v. Baldwin Piano & Organ, from Workers' Compensation Commission.

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

98-589. Vera Lee Weaver Living Trust, Jerold Lee Weaver, Trustee v. City of Eureka Springs, from Carroll Circuit, Western District. Corbin, J., not participating.

98-623. Oak Grove Lumber Company v. Harry Highfill, from Workers' Compensation Commission. Corbin, J., not participating.

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TEN96-108. Jesse Dewayne Wickliffe v. State of Arkansas, from Pulaski Circuit, Sixth Division. Order referring attorney's conduct to the Professional Conduct Committee. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR98-34. John E. Block v. State of Arkansas, from Hempstead Circuit. Appellee's motion to dismiss appeal is granted.

CR98-291. Michael R. Mathis v. State of Arkansas, from Yell Circuit, Northern District. Petition for writ of certiorari to complete the record. Granted thirty days.

CR98-342. Thomas Allen Wisdom v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellee's motion to dismiss appeal is granted.

CR98-423. Sedric Maurice Simpson v. State of Arkansas, from Dallas Circuit. Motion for stay of execution is granted.

CR98-577. Terrick Terrell Nooner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion of William A. McLean to be relieved as counsel or in the alternative for role definition. Motion to be relieved as counsel is granted.

CR98-657. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for stay of execution is granted.

96-631. Beatrice D. Dolphin v. Jimmie L. Wilson and Henrietta J. Wilson, from Phillips Chancery. Appellees' motion for recusal is denied. Newbern, Glaze and Corbin, JJ, not participating.

98-316. Harold "Butch" Sargent v. Jack Lewis, Municipal Judge, from Van Buren Circuit. Motion for reconsideration of application to file an amicus curiae brief is denied.

98-688. Dorothy A. Jones v. Director et al., from Board of Review. Motion for rule on clerk to accept petition for review is denied. Corbin, J., not participating.

98-716. Arkansas Department of Human Services et al. v. Behavorial Health Services, Inc. of Arkansas, from Phillips Circuit. Petition for expedited consideration. Expedited consideration granted.

96-562. TB of Blytheville, Inc. et al. v. Little Rock Sign & Emblem, Inc., from Mississippi Circuit, Chickasawba District. Appellants' motion for release of exhibits is granted provided photocopies are substituted.

CR98-460. Billy Jack Kain, Jr. v. State of Arkansas, from Jefferson Circuit. Pro se motion for extension of time to file appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-582. Dinzel Norman v. State of Arkansas, from Newton Circuit. Pro se motion for judicial review and to proceed pro se. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-730. Gilberto Ramos, Jr. v. State of Arkansas, from Washington Circuit. Pro se motion for rule on clerk to proceed with belated appeal. Motion granted; writ of certiorari issued; show cause order issued. See per curiam this date. (3 PAGES UNPUBLISHED)

In Re: The Supreme Court of Arkansas Committee on Civil Practice. See per curiam this date. (1 PAGES PUBLISHED) [HTML, WP5.1]

Professor Ken Gould of the University of Arkansas at Little Rock, and attorneys Claiborne W. Patty of North Little Rock, and Thomas D. Deen of Dermott, are hereby appointed to the Committee on Civil Practice. The Court expresses its appreciation to the appointees for their willingness to serve.

The new appointees replace Comer Boyett, Jr. of Searcy, Stephen A. Matthews of Pine Bluff, and David J. Manley of Little Rock, whose terms expire July 5, 1998. The Court expresses its gratitude for their faithful and dedicated service as members of the Committee.

In Re: Client Security Fund Committee Appointment. See per curiam this date. (1 PAGES PUBLISHED) [HTML, WP5.1]

Benjamin C. McMinn, Esq., of Little Rock, is hereby appointed to an at-large position on the Client Security Fund Committee for a five-year term to expire July 31, 2003.

The Court thanks Mr. McMinn for accepting appointment to this most important Committee.

The Court expresses its appreciation to Mr. James F. Dowden, Esq., of Little Rock, whose term has expired, for his service to this Committee.

In Re: Arkansas Rules for Mininum Continuing Legal Education. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

MOTIONS SUBMITTED

PETITIONS FOR REVIEW:

CR98-622. Leslie G. Cothren v. State of Arkansas, from Cleburne Circuit.

98-627. Marina, LLC v. Marion Burton, Agent, from Pulaski Chancery, Fifth Division.

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CR97-1310. State of Arkansas v. Hezile Earl, Jr., from Prairie Circuit, Southern District. Appellee's motion to stay mandate and to waive filing fee.

CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Appellee's motion for additional time to comply with writ of certiorari.

CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for writ of certiorari to complete the record.

CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for extension of time to file brief.

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

CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time for return of writ.

98-692. Ronnie Furman v. Second Injury Fund, from Workers' Compensation Commission. Motion for rule on clerk to file petition for review.

98-165. Night Clubs, Inc. v. The Fort Smith Planning Commission et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to supplement abstract.

98-708. David O. Hooker v. Bentley E. Story, an Original Action. Petition for writ of certiorari.

98-711. Heather Patrice Hogrobrooks v. Supreme Court Committee on Professional Conduct, an Original Action. Petition for selective stay pending appeal.

98-722. Quality Fixtures, Inc. v. Multi-Purpose Facilities Board for Pulaski County, Arkansas et al., from Pulaski Chancery, Fourth Division. Motion of separate appellee, Hussey Seating Company, to dismiss appeal.

98-729. Lesli April McMorran v. Nationwide Mutual Insurance Company, from Pulaski Circuit, Third Division. Motion for rule on clerk.

SUBMISSIONS

CR97-1101. State of Arkansas v. David W. Babbs et al., from Saline Circuit. Argued orally.

97-1133. Four County (NW) Regional Solid Waste Management v. Sunray Services, Inc., from Washington Chancery. Argued orally.

CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District.

97-1218. Donald L. Dunn et al. v. Craig Westbrook et al., from Pulaski Circuit, Second Division.

98-149. Keith Grayson v. The Bank of Little Rock, from Pulaski Circuit, Seventh Division.

98-245. Office of Child Support Enforcement v. Hal Secrest, from Pope Chancery.

98-410. Henderson Specialties, Inc. v. Hon. Robert W. McCorkindale, Judge, from Boone Circuit.