Bailey v. State (Arnold, C.J.) CR97-1442
Criminal law -- Substantial evidence supported appellant's conviction for resisting arrest; substantial evidence supported appellant's conviction for public intoxication; disorderly conduct statute properly applied to appellant's conduct. [HTML, WP5.1]

Britt v. State (Imber, J.)
Criminal procedure -- Evidence sufficient to show that appellant assisted in commission of crimes for which he was convicted; two later statements satisfied three-pronged exclusion test and violated Ark. R. Crim. P. 8.1; trial court erred in denying appellant's motion to suppress; case reversed and remanded. [HTML, WP5.1]

Clifford Family Ltd. Liab. Co.v. Cox (Arnold, C.J.) 98-283
Property -- Restrictive covenants; terms of restrictive covenants clear; case reversed and remanded for enforcement of covenant. [HTML, WP5.1]

Dunn v. Westbrook (Newbern, J.) 97-1218
Attorney & client -- Malpractice complaint; appellees not entitled to summary judgment on claim under limitations statute; appellee had no duty to add buy-out provision to partnership agreement; summary judgment properly granted. [HTML, WP5.1]

Four County (NW) Reg'l Solid Waste Management Dist. Bd. v. Sunray Servs., Inc. (Brown, J.) 97-1133
Environmental law -- Double composite lining system; requirement throughout area not unreasonable; daily inspection requirement not unreasonable; appellant District Board did not act arbitrarily in adopting one-half-mile radius well- testing regulation; Chapter E regulations; summary judgment reversed; appellee's complaint as to regulations dismissed; reversed and remanded for trial on buffer-zone issue. [HTML, WP5.1]

Freshour v. West (Glaze, J.) 98-338
Parent & child -- Father made no effort to assume parental responsibilities; chancellor's denial of custody upheld. [HTML, WP5.1]

Grayson v. Bank of Little Rock (Thornton, J.) 98-149
Liens -- Attorney's lien; attorney-lien statute inapplicable; appellant attorney converted entire settlement amount; trial court erred in finding that appellant converted only that portion of settlement proceeds that he kept for himself. [HTML, WP5.1]

Henderson Specialties, Inc. v. Boone County Circuit Court (Corbin, J.) 98-410
Prohibition, writ of -- Complaint pled sufficient facts to support venue; complaint sufficiently stated claim for negligent con-struction; section 16-60-113(a) supported trial court's ruling; writ denied. [HTML, WP5.1]

Miller County v. Opportunities, Inc. (Newbern, J.) 97-1498
Taxation -- Appellant did not qualify for exemption; no evidence of charitable activity; case reversed and remanded. [HTML, WP5.1]

Nelson v. River Valley Bank & Trust (Imber, J.) 97-1367
Usury -- Monetary Control Act; disjunctive language indicated congressional intent to preempt state usury law; trial court did not err in finding subsection 501(A)(1) was controlling provision; Arkansas usury law preempted by Act. [HTML, WP5.1]

Quality Fixtures, Inc. v. Multi-Purpose Facilities Bd. (Per Curiam) 98-722
Appeal & error -- Appellant's record with transcript tendered to supreme court prior to submission of motion for decision; appellees' motion to dismiss appeal moot. [HTML, WP5.1]

Seeco, Inc. v. Hales (Brown, J.) 98-670
Attorney & client -- Disqualification proceedings; political opponents in high-profile litigation weeks before election inappropriate; confidence in judicial process should not be undermined; terms of disqualification too broad; order modified and limited. [HTML, WP5.1]

Smith v. State (Thornton, J.) CR97-1190
Evidence -- Appellant's testimony opened door to otherwise inadmissible testimony; no abuse of discretion to allow rebuttal testimony. [HTML, WP5.1]

State v. Babbs (Glaze, J.) CR97-1101
Criminal law -- Rape Shield Statute; proffered testimony sufficient to find prior acts relevant; no error found. [HTML, WP5.1]

Vaughn v. State (Per Curiam) CR98-741
Appeal & error -- Motion for rule on clerk; good cause for granting. [HTML, WP5.1]

Youngman v. State Farm Mut. Auto. Ins. Co. (Arnold, C.J.) 97-1563
Insurance -- Other-insurance clause not repugnant to uninsured motorist statute; both policies provided coverage consistent with statutory requirements; grant of summary judgment to appellee affirmed. [HTML, WP5.1]

Bogard v. State, CR 92-960 (Per Curiam), Pro Se Motion for Photocopy of Appellant's Brief at Public Expense denied July 9, 1998.

Boyd v. State, CR 96-579 (Per Curiam), affirmed July 9, 1998.

Hopes v. State, CR 96-1263 (Per Curiam), affirmed July 9, 1998.

Huffman v. State, CR 97-527 (Per Curiam), affirmed July 9, 1998.

Jones, Michael L. v. State, CR 97-1167 (Per Curiam), Pro Se Motion for Extension of Time to File Substituted Brief granted July 9, 1998.

Shibley v. State, CR 98-453 (Per Curiam), Pro Se Motion for Photocopies at Public Expense denied July 9, 1998.

Sims v. State, CR 97-889 (Per Curiam), affirmed July 9, 1998.

Weaver v. State, CR 97-690 (Per Curiam), affirmed July 9, 1998.

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

CR97-1442. James Doyle Bailey v. State of Arkansas, from Monroe Circuit. Affirmed. Newbern and Imber, JJ., concur in part and dissent in part. (13 PAGES + 10 PAGES CONCUR/DISSENT PUBLISHED) [HTML, WP5.1]

97-1563. Cheryl Youngman v. State Farm Mutual Automobile Insurance Company, from Saline Circuit. Affirmed. Arkansas Court of Appeals Affirmed. Glaze, Corbin, and Thornton, JJ., dissent. (7 PAGES + 4 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

98-283. The Clifford Family Limited Liability Company et al. v. Donald Cox and Lucille M. Cox, Husband and Wife, from Benton Chancery. Reversed and Remanded. Corbin and Thornton, JJ., dissent. (5 PAGES + 6 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

DAVID NEWBERN, JUSTICE:

97-1218. Donald L. Dunn and Joe Cloud v. Craig Westbrook and Mitchell, Williams, Selig, Gates & Woodyard, from Pulaski Circuit. Affirmed. Glaze and Brown, JJ., concur. (6 PAGES + 1 PAGE CONCUR PUBLISHED) [HTML, WP5.1]

97-1498. Miller County, Arkansas v. Opportunities, Inc., d/b/a Meadowbrook Place, from Miller Circuit. Reversed and Remanded. Martha Miller Harriman joins in this opinion. Chief Justice Arnold and Special Justice Jim H. Boyd dissent. Corbin and Thornton, JJ., not participating. (9 PAGES + 4 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR97-1101. State of Arkansas v. David W. Babbs and Russell C. Conger, from Saline Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

98-338. Charles W. Freshour v. Brenda J. West, from Pulaski Chancery. Affirmed. Corbin, J., not participating. (7 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

98-410. Henderson Specialties, Inc. v. Boone County Circuit Court, from Boone Circuit. Petition for Writ of Prohibition. Writ Denied. (7 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

97-1133. Four County (NW) Regional Solid Waste Management District Board, and State of Arkansas, ex rel. Winston Bryant, Arkansas Attorney General v. Sunray Services, Inc., from Washington Chancery. Reversed and Dismissed in Part; Reversed and Remanded in Part; Motion for Substitution of Counsel Granted. Thornton, J., not participating. (18 PAGES PUBLISHED) [HTML, WP5.1]

98-670. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit. Affirmed as Modified. (9 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit. Reversed and Remanded. Arnold, C.J., and Glaze and Corbin, JJ., dissent. (32 PAGES + 6 PAGES PUBLISHED) [HTML, WP5.1]

97-1367. Cecil Nelson v. River Valley Bank & Trust, from Sebastian Circuit. Affirmed on Appeal; Affirmed on Cross-Appeal. Corbin and Thornton, JJ., concur. (10 PAGES + 1 PAGE CONCUR PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR97-1190. Benfordene Butler Smith v. State of Arkansas, from Arkansas Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

98-149. Keith L. Grayson and Grayson & Grayson, P.A. v. Bank of Little Rock, from Pulaski Circuit. Affirmed in Part, Reversed and Remanded in Part. (11 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR96-579. Stanley Frank Boyd v. State of Arkansas, from Carroll Circuit. Affirmed. (2 PAGES UNPUBLISHED)

CR96-1263. Vincent Hopes v. State of Arkansas, from Pulaski Circuit. Affirmed. (3 PAGES UNPUBLISHED)

CR97-527. Dan Huffman v. State of Arkansas, from Garland Circuit. Affirmed. (2 PAGES UNPUBLISHED)

CR97-690. Pierre L. Weaver v. State of Arkansas, from Sebastian Circuit. Affirmed. (2 PAGES UNPUBLISHED)

CR97-889. Terry Sims v. State of Arkansas, from Arkansas Circuit. Affirmed. (6 PAGES UNPUBLISHED)

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

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.

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

98-738. Laurie Cleek v. Great Southern Metals, from Arkansas Workers' Compensation Commission.

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

CR98-621. Gina Paige Crouch v. State of Arkansas, from Pope Circuit. Corbin, J., not participating.

98-676. Andre Jefferson v. Munsey Products, Inc., from Arkansas Workers' Compensation Commission. Glaze, Corbin, and Imber JJ., not participating.

98-732. Randall Williford v. City of North Little Rock, from Arkansas Workers' Compensation Commission. Corbin, J., not participating.

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. Motion to dismiss appeal denied. See per curiam this date. Glaze, J., not participating. (3 PAGES PUBLISHED) [HTML, WP5.1]

97-1133. Four County (NW) Regional Solid Waste Management District Board v. State of Arkansas, ex rel Winston Bryant, Attorney General, from Washington Chancery. Motion to withdraw and substitute counsel. Moot.

CR97-1507. Reno Richie Swopes (Muhammad) v. State of Arkansas, from Arkansas Circuit, Northern District. Appellant's motion to file substituted abstract and brief is granted.

CR98-551. James M. Bohanan, II v. State of Arkansas, from Saline Circuit. Appellant's motion to file belated brief is granted.

CR98-741. Daryl Vaughn v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for rule on clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellant's motion to file limited and corrected abstract is granted.

98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Workers' Compensation Commission. Appellee's motion to file belated brief is granted.

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 is denied.

98-742. Bearden School District et al. v. Robert Word et al., from Ouachita Circuit. Motion for rule on clerk is denied.

97-434. Repoleon Gilbert v. State of Arkansas, from Jefferson Circuit. Appeal dismissed for failure to file briefs.

97-663. Kenneth Pitts v. Department of Correction, from Jefferson Circuit. Appeal dismissed for failure to file briefs.

CR97-927. Walter B. Farver v. State of Arkansas, from Jefferson Circuit. Appeal dismissed for failure to file briefs.

CR92-960. Stacy Lavelle Bogard a/k/a Dometrical Lavelle Bogard v. State of Arkansas, from Pulaski Circuit. Pro se motion for photocopy of appellant's brief at public expense. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR97-1167. Michael L. Jones a/k/a Mikneyah Ben Yahweh v. State of Arkansas, from Hempstead Circuit. Pro se motion for extension of time to file substituted brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-453. Kenneth Shibley v. State of Arkansas, from Jefferson Circuit. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

PETITIONS FOR REHEARING:

97-702. Village Market, Inc. v. State Farm General Insurance Company, from Sebastian Circuit, Fort Smith District.

98-117. Edward A. Moory et al. v. Quadras, Inc. et al., from Arkansas Circuit, Northern District.

PETITIONS FOR REVIEW:

98-677. Brenda Kay James et al. v. Melba Jo Taylor, from White Chancery.

98-691. Thomas Stocks v. Judith Stocks, from Faulkner Chancery.

98-707. Tyson Foods, Inc. v. Laura Cisneros, from Arkansas Workers' Compensation Commission.

CR97-49. Dennis Sublett v. State of Arkansas, from Faulkner Circuit. Appellant's motion to file belated brief.

CR98-105. Yitzhak Abba Marta v. State of Arkansas, from Washington Circuit. Appellant's motion to supplement the record.

CR98-105. Yitzhak Abba Marta v. State of Arkansas, from Washington Circuit. Appellant's motion to file enlarged brief.

CR98-750. Steven L. Womack v. Hon. Morris Thompson, Judge et al., from Pulaski Circuit, Fifth Division. Petition for leave to proceed in forma pauperis.

CR98-755. Matthew Reagan Coger v. Hon. William A. Storey, Judge, from Washington Circuit. Petition for writ of mandamus.

CR98-772. Rafael Camargo v. State of Arkansas, from Crawford Circuit. Motion for rule on clerk.

96-1524. Jimmie L. Wilson v. James A. Neal, Executive Director, Supreme Court Committee on Professional Conduct, from Phillips Circuit. Appellant's motion to terminate assignment.

97-702. Village Market, Inc. v. State Farm General Insurance Company, from Sebastian Circuit, Fort Smith District. Motion of Anthony Forest Products Company et al. for permission to file joint brief of amici curiae.

97-759. Robert A. Norman v. Josephine L. Norman, from Garland Chancery. Appellant's motion for clarification and stay of mandate.

98-299. Andrew Sturgis and Vanessa Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division. Separate appellee Randy Coleman's motion to strike.

98-716. The Arkansas Department of Human Services et al. v. Behavioral Health Services, Inc. of Arkansas, from Phillips Circuit. Appellants' motion to dismiss appeal.

98-762. D. Wayne Lainhart v. Arkansas State Police Commission et al., from Pulaski Circuit, Third Division. Motion for rule on the clerk.

98-767. Aycock Pontiac, Inc. et al. v. James Hervey Aycock, Jr., from Craighead Chancery, Western District. Appellee's motion to correct and stay briefing schedule.

98-817. Marilyn B. Harrison v. James S. Beckman, Jr. et al., from Washington Circuit. Appellant's petition for expedited consideration.

98-817. Marilyn B. Harrison v. James S. Beckman, Jr. et al., from Washington Circuit. Motion to proceed in forma pauperis.

98-817. Marilyn B. Harrison v. James S. Beckman, Jr. et al., from Washington Circuit. Appellant's motion for writ of certiorari to complete the record and statement of evidence.