ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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334 Ark.

Opinions delivered
September 17, 1998


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Ayers v. State (Arnold, C.J.) CR97-368
Evidence -- State presented convincing circumstantial evidence connecting blood under vehicle with crime; value of stolen property; substantial evidence for jury's conclusion; trial court did not err in denying motion to dismiss charge. [HTML, WP5.1]

Bell v. State (Corbin, J.) CR97-1004
Officers & public employees -- De facto official; assistant attorney general was de facto official; appellant's challenge was collateral attack; could not be maintained; trial court correctly denied appellant's motion to bar assistant attorney general's participation in prosecution. [HTML, WP5.1]

Chase v. State (Glaze, J.) CR97-739
Criminal law -- Right to counsel invoked; appellant initiated further conversation; right to counsel waived; motion to suppress properly waived. [HTML, WP5.1]

Dansby v. State (Per Curiam) CR97-1415
Appeal & error -- Motion for extension of time to file appellant's brief granted; show-cause order issued. [HTML, WP5.1]

First Commercial Bank, N.A. v. Walker (Per Curiam) 96-1495
Appeal & error -- Motion to recall and stay mandate granted. [HTML, WP5.1]

Fulkerson v. Thompson (Per Curiam) 98-863
Certiorari -- Circuit court's order inconsistent with mandate of court of appeals; writ of certiorari granted. [HTML, WP5.1]

Hubbard v. State (Per Curiam) CR97-431
Appeal & error -- Abstract insufficient; claims not reached. [HTML, WP5.1]

Hull v. Gardner (Per Curiam) 98-844
Contempt -- Incarceration for failure to pay child support; matter remanded for hearing on ability to pay. [HTML, WP5.1]

Lee v. State (Per Curiam) CR98-485
Appeal & error -- Extensions; extenuating circumstances; thirty-day final extension to file record granted. [HTML, WP5.1]

Poynor v. Arkansas Contractors Licensing Bd. (Per Curiam) 98-952
Certiorari -- Reporter failed to complete record; writ of certiorari granted. [HTML, WP5.1]

Seeco, Inc. v. Hales (Brown, J.) 98-1038
Civil procedure -- Class actions; thirty-day notice mailed to individual subclass members; discretionary with trial court; no abuse of discretion found. [HTML, WP5.1]

Sublett v. State (Per Curiam) CR97-49
Contempt -- Order issued. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Carlock v. State, CR 96-1549 (Per Curiam), affirmed September 17, 1998.

Bell v. Rogers, CR 98-1037 (Per Curiam), Pro Se Petition for Writ of Mandamus denied September 17, 1998.

Bly v. State, CR 98-595 (Per Curiam), Pro Se Motion for Belated Appeal of Judgment granted; show cause order issued September 17, 1998.

Douthitt v. Wilson, 98-129 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied September 17, 1998.

Haynes v. State, CR 97-457 (Per Curiam), affirmed September 17, 1998.

Nooner v. State, CR 98-577 (Per Curiam), Pro Se Motions for Gag Order, to Suppress Testimony of Jazmar Kennedy, to Suppress Testimony of Antonia Kennedy, for Summary Judgment, for Production of Letters, for Polygraph Examination, to Enjoin Family of Victim from Working at Maximum Security Unit, to Appoint Willard Proctor Counsel, for New Trial, for Supersedeas Bond and to Proceed with One Copy of Appellant's Brief denied; Motions to Compel Attorney to File Brief and for Rule on Clerk moot; Motion for Stay of Execution and Appointment of Counsel moot in part and remanded in part September 17, 1998.

Wilkins v. State, CR 97-913 (Per Curiam), affirmed September 17, 1998.


ORIGINAL SYLLABUS

W. H. "DUB" ARNOLD, JUSTICE:

CR97-368. Antonio Ayers v. State of Arkansas, from Pulaski Circuit. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR97-739. Derek Michael Chase v. State of Arkansas, from Benton Circuit. Affirmed. (13 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR97-1004. Ronita Faith Bell v. State of Arkansas, from Conway Circuit. Affirmed. (20 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

98-1038. Seeco, Inc., Arkansas Western Gas Company, and Southwestern Energy Company v. Allen Hales, Mary Nelle Hales, Robert G. Jeffers, David P. Taylor, and Taylor Family Limited Partnership "A", from Sebastian Circuit, Fort Smith District. Motion to Stay Proceedings Pending Decision in Interlocutory Appeal Denied. Motion to Expedite Consideration of Interlocutory Appeal Granted. Affirmed. Thornton, J., not participating. (9 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR96-1549. Robert Carlock v. State of Arkansas, from Poinsett Circuit. Affirmed. (4 PAGES UNPUBLISHED)

CR97-431. Richard A. Hubbard v. State of Arkansas, from Monroe Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]

CR97-457. Andre L. Haynes v. State of Arkansas, from Drew Circuit. Affirmed. (8 PAGES UNPUBLISHED)

CR97-913. Randy Damon Wilkins v. State of Arkansas, from Jefferson Circuit. Affirmed. (3 PAGES UNPUBLISHED)

PER CURIAM ORDERS

REHEARING DENIED: Petition for rehearing was denied today in the following case.

97-1414. Interstate Oil & Supply Company and R. J. Yelenich v. Troutman Oil Company, Inc., from Pulaski Circuit.

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

CR98-882. Alvin "Buddy" Schultz v. State of Arkansas, from Van Buren Circuit.

98-843. Jerome and Willie Mackey v. William and Retha Baggett, from Logan Chancery.

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CR98-485. Jamie Darnell Lee v. State of Arkansas, from Miller Circuit. Appellant's motion for extension of time to file record and writ of certiorari to complete the record is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR97-1415. Joe Louis Dansby v. State of Arkansas, from Nevada Circuit. Motion for extension of time to file appellant's brief is granted. Show cause order issued. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. Appellees' motion to recall mandate and motion for stay of the recalled mandate, including appellant's entitlement to collect appeal costs, pending disposition of petition for writ of certiorari and appeal, if certiorari is granted, to the U. S. Supreme Court. Motion granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

98-844. Lonnie Hull v. Hon. Richard E. Gardner, Jr., from Pope Chancery. Petition for writ of certiorari and for writ of mandamus. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

98-863. Floyd H. Fulkerson v. Hon. Morris W. Thompson, Circuit Judge, from Pulaski Circuit, Fifth Division. Petition for writ of certiorari is granted. See per curiam this date. (6 PAGES PUBLISHED) [HTML, WP5.1]

98-952. Cecil Poynor v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Third Division. Petition for writ of certiorari to complete the record is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR97-49. Dennis Dale Sublett v. State of Arkansas, from Faulkner Circuit. Contempt order. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

98-1041. Yell County Telephone Company v. Hon. Van B. Taylor, Chancellor, from Yell Circuit, Northern District. Appellant's motion for extension of brief time and motion to supplement record. Granted sixty days.

98-1071. Bobby Travis Bullington v. Judy Lynn Bullington, from Sebastian Chancery, Fort Smith District. Motion for rule on the clerk is denied. Exceeds seven months from date of judgment.

CR98-577. Terrick Nooner v. State of Arkansas, from Pulaski Circuit. Pro se motions for gag order, to suppress testimony of Jazmar Kennedy, to suppress testimony of Antonia Kennedy, for summary judgment, for production of letters, for polygraph examination, to enjoin family of victim from working at maximum security unit, to appoint Willard Proctor counsel, for new trial, for supersedeas bond and to proceed with one copy of appellant's brief denied. Motions to compel attorney to file brief and for rule on clerk moot. Motion for stay of execution and appointment of counsel moot in part and remanded in part. See per curiam this date. (6 PAGES UNPUBLISHED)

CR98-595. Gary Bly v. State of Arkansas, from Logan Circuit, Northern District. Pro se motion for belated appeal of judgment. Motion granted; show cause order issued. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-1037. Albert Bell v. Hon. Russell Rogers, Circuit Judge, from Arkansas Circuit, Northern District. Pro se petition for writ of mandamus. Petition denied. See per curiam this date. (1 PAGES UNPUBLISHED)

98-129. Ralph Douthitt v. Misty Wilson and Tammy Douthitt, from Independence Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (1 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

CR98-730. Gilberto Ramos, Jr. v. State of Arkansas, from Washington Circuit. Attorney Sharon Russell is ordered to appear and show cause today at 9:00 a.m.

CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. First amended motion to complete the record and for extension of time to file appellant's brief.

CR98-1049. Richard Keith Mayo v. State of Arkansas, from Pope Circuit. Appellant's motion to remand to trial court for correction of the record and for stay of brief time.

CR98-1087. Clinton Byrd v. State of Arkansas, from Craighead Circuit, Western District. Petition for writ of certiorari to complete the record.

98-489. Mary Kay Cosmetics, Inc. v. Janet Isbell, from Pulaski Circuit, Third Division. Motion of Direct Selling Association to file amicus curiae brief.

98-991. Robert Michael Alphin v. Hon. Tom L. Hilburn, Judge et al., from Randolph Chancery. Petitioner's motion to dismiss.

SUBMISSIONS

97-899. James McGann v. Pine Bluff Police Department, from Jefferson Circuit. Argued orally.

CR95-1218. Cleotis Willis v. State of Arkansas, from Union Circuit.

CR97-1050. Kevin Dewayne Baker v. State of Arkansas, from Polk Circuit.

CR97-1240. William Dillard Taylor v. State of Arkansas, from Crawford Circuit.

CR97-1385. Jesse Rence Garling and Vincent Harold Garling v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR97-1515. Robert Green v. State of Arkansas, from Pulaski Circuit, Fourth Division.

97-607. Ford Motor Credit Company v. Doris Ellison, from Union Circuit.