Opinions delivered
July 2, 1998
Bell v. State (Per Curiam) CR97-1004
Contempt -- Facts developed by master indefinite;
matter dismissed.
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Brown v. Alabama Elec. Co. (Thornton, J.) 98-148
Appeal & error -- Petition for review denied.
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Eubanks v. Humphrey (Corbin, J.) CR98-210
Criminal procedure -- Speedy trial; petitioner
waived speedy trial prior to expiration of twelve-month period;
waiver effectively withdrawn; twelve month period clearly exceeded;
State failed to meet burden; good cause for delay not shown.
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Graham v. Turnage Employment Group (Imber, J.) 98-147
Appeal & error -- Petition for review denied.
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Interstate Oil & Supply Co. v. Troutman Oil Co. (Arnold, C.J.) 97-1414
Commerce -- Contract did not constitute unlawful
tying arrangement; denial of appellants' motion for new trial
affirmed.
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Moore v. State (Per Curiam) CR98-478
Appeal & error -- Motion for rule on clerk; good
cause for granting.
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State Office of Child Support Enforcement v. Secrest (Newbern, J.) 98-245
Civil procedure -- Motion to modify made more than
ninety days after order filed; untimely motion properly denied.
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VanWagoner v. Beverly Enter. (Arnold, C.J.) 97-1355
Workers' compensation -- Commission has exclusive
jurisdiction to determine facts that establish jurisdiction; prior
inconsistent decisions overruled.
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Willett v. State (Per Curiam) CR97-341
Attorney & client -- Motion to admit Texas-licensed
attorney pro hac vice for purpose of participating in
oral argument; motion denied.
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Carter v. State, CR 97-594 (Per Curiam), Affirmed July 2, 1998.
Coleman v. State, CR 98-224 (Per Curiam),Pro Se Motion for
Extension of Time to File Appellant's Brief granted July 2, 1998.
Raglin v. State, CR 97-402 (Per Curiam), Rebriefing Ordered July 2, 1998.
Rayford v. Glover, CR 98-633 (Per Curiam), Pro Se Motion to Withdraw Motion for Rule on Clerk granted July 2, 1998.
Richards v. State, CR 97-1536 (Per Curiam), Appellant's Pro Se Motions to Dismiss Counsel, for Record and Extension of Time, for Copy of Supplemental Record moot; Appellant's Pro Se Motion Not to Set New Briefing Schedule granted in part and denied in part and Appellee's Motion to Set Briefing Schedule granted July 2, 1998.
Sims v. State, CR 97-889 (Per Curiam), Pro Se Motion to Stay Appeal moot and Pro Se Motion to Supplement Appellant's Brief denied July 2, 1998.
Weaver v. State, CR 98-33 (Per Curiam), Pro Se Motion for Stay of Appeal and for Leave to Proceed in Circuit Court denied July 2, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
97-1355. Laurie VanWagoner v. Beverly Enterprises, from Sebastian Circuit, Fort Smith District. Affirmed as Modified. Newbern and Imber, JJ., concur. (6 PAGES + 6 PAGES CONCUR PUBLISHED) [HTML, WP5.1]
97-1414. Interstate Oil and Supply Company and R. J. Yelenich v. Troutman Oil Company, from Pulaski Circuit, First Division. Affirmed. Newbern and Imber, JJ., dissent. (8 PAGES + 4 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
DAVID NEWBERN, JUSTICE:
98-245. State of Arkansas Office of Child Support Enforcement v. Vicki Rene Secrest, from Pope Chancery. Affirmed. (2 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR98-210. Steven Wayne Eubanks v. Honorable Marion Humphrey, from Pulaski Circuit, First Division. Peittion for Writ of Prohibition. Writ Granted. (10 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
98-147. Billy Leon Graham v. Turnage Employment Group, and Wausau Insurance Companies, from Arkansas Workers' Compensation Commission. Petition for Review Denied. Corbin, J., not participating. (4 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
98-148. Everette J. Brown v. Alabama Electric Company and Wausau Insurance Company, from the Arkansas Workers' Compensation Commission. Petition for Review Denied. Corbin, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINIONS:
CR97-402. Rodney Raglin v. State of Arkansas, from Pulaski Circuit. Rebriefing Ordered. (3 PAGES UNPUBLISHED)
CR97-594. Columbus Carter v. State of Arkansas, from Jefferson Circuit. Affirmed. (2 PAGES UNPUBLISHED)
REVIEWS DENIED: Petitions for review were denied today in the following cases.
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. Brown, J., not participating.
CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Motion for appearance pro hac vice is denied. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]
98-631. Curtis Hutchins, Jr. v. Hon. Edward Jones, Chancellor, from Ouachita Chancery. Petition for writ of prohibition and for temporary stay. Petition for writ of prohibition is granted. Appellee's motion to dismiss moot.
CR97-1004. Ronita Faith Bell v. State of Arkansas, from Conway Circuit. Contempt matter dismissed. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
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 is granted.
CR97-1363. Ellis Charles Butler v. State of Arkansas, from Faulkner Circuit. Appellee's motion for additional time to comply with writ of certiorari. Granted ninety days.
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 is granted.
CR97-1499. Jackie Lee Williams v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for extension of time to file brief. Granted thirty days.
CR98-478. George Mitchell Moore v. State of Arkansas, from Yell Circuit, Northern District. Appellant's motion to file belated appeal. Motion for rule on the clerk granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time for return of writ is granted.
98-692. Ronnie Furman v. Second Injury Fund, from Workers' Compensation Commission. Motion for rule on clerk to file petition for review is granted.
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 is granted. Appellant to bear cost for appellee's rebriefing.
98-708. David O. Hooker v. Bentley E. Story, an Original Action. Petition for writ of certiorari is denied.
98-711. Heather Patrice Hogrobrooks v. Supreme Court Committee on Professional Conduct, an Original Action. Petition for selective stay pending appeal is denied. See Section 7, particularly subsection I of the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law, regarding the duty of a sanctioned attorney.
98-729. Lesli April McMorran v. Nationwide Mutual Insurance Company, from Pulaski Circuit, Third Division. Motion for rule on clerk is denied.
CR97-889. Terry Sims v. State of Arkansas, from Arkansas Circuit, Northern District. Pro se motion to stay appeal and apro se motion to supplement appellant's brief. Motion to supplement appellant's brief denied; motion to stay appeal moot. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-1536. Arty J. Richards v. State of Arkansas, from Yell Circuit, Northern District. Appellant's pro se motions to dismiss counsel, for record and extension of time, for copy of supplemental record, and not to set new briefing schedule and appellee's motion to set briefing schedule. Appellant's motions to dismiss counsel, for record and extension of time, for copy of supplemental record moot; appellant's motion not to set new briefing schedule granted in part and denied in part; appellee's motion to set briefing schedule granted. See per curiam this date. (3 PAGES UNPUBLISHED)
CR98-33. Bobby Weaver v. State of Arkansas, from Fulton Circuit. Pro se motion for stay of appeal and for leave to proceed in circuit court. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-224. Derek Coleman v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED)
CR98-633. Larry Rayford v. Hon. Don Glover, Judge, from Ashley Circuit. Pro se motion to withdraw motion for rule on clerk. Motion to withdraw motion for rule on clerk granted. See per curiam this date.
PETITIONS FOR REHEARING:
CR97-1298. Dewayne Dee Dillard v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
CR97-1350. Charles Sims v. State of Arkansas, from Lonoke Circuit. CR98-255. David Wayne Kelch v. Hon. Harold Erwin, Judge, from Jackson Circuit.
97-767. Arkansas Department of Human Services and Sandi Doherty v. R.P., from Faulkner Chancery.
PETITIONS FOR REVIEW:
CR98-621. Gina Paige Crouch v. State of Arkansas, from Pope Circuit.
98-676. Andre Jefferson v. Munsey Products, Inc., from Arkansas Workers' Compensation Commission.
98-732. Randall Williford v. City of North Little Rock, from Arkansas Workers' Compensation Commission.
98-738. Laurie Cleek v. Great Southern Metals, from Arkansas Workers' Compensation Commission.
CR97-1507. Reno Richie Swopes (Muhammad) v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file substituted abstract and brief.
CR98-551. James M. Bohanan, II v. State of Arkansas, from Saline Circuit. Appellant's motion to file belated brief.
CR98-741. Daryl Vaughn v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for rule on clerk.
97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellant's motion to file limited and corrected abstract.
98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Workers' Compensation Commission. Appellee's motion to file belated brief.
98-566. Benton/Washington County Water Association v. Citizens for Feasible and Affordable Water, Inc. et al., from Benton Chancery. Appellant's motion for reconsideration.
98-742. Bearden School District et al. v. Robert Word et al., from Ouachita Circuit. Motion for rule on clerk.
97-1367. Cecil Nelson v. River Valley Bank & Trust, from Sebastian Circuit, Greenwood District. Argued orally.
97-1563. Cheryl Youngman v. State Farm Mutual Automobile Insurance Company, from Saline Circuit. Argued orally.
CR97-1190. Benfordene Butler Smith v. State of Arkansas, from Arkansas Circuit, Northern District.
98-260. Warren Looper, Jr. v. Melvin Thrash, from Pulaski Chancery, Third Division.
98-283. The Clifford Family Limited Liability Corporation v. Donald Cox, from Benton Chancery.
98-338. Charles W. Freshour v. State of Arkansas, ex rel., from Pulaski Chancery, Seventh Division.
98-670. Seeco, Inc. v. Allen Hales, from Sebastian Circuit, Fort Smith District.