ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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334 Ark.

Opinions delivered
September 24, 1998


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Baker v. State (Arnold, C.J.) CR97-1050
Evidence -- Admission of photographs; photographs showed extensive nature of victims' injuries; admission of photos not abuse of discretion. [HTML, WP5.1]

Coley v. State (Per Curiam) CR98-1077
Appeal & error -- Motion for rule on clerk treated as one for belated appeal; granted. [HTML, WP5.1]

DePriest v. Carruth (Per Curiam) 98-1005
Appeal & error -- Motion for rule on clerk; granted. [HTML, WP5.1]

Ford Motor Credit Co. v. Ellison (Corbin, J.) 97-607
Sales -- Performance; reasonable grounds for insecurity; none existed; finding that payments were current at time of repossession was harmless error. [HTML, WP5.1]

Garling v. State (Brown, J.) CR97-1385
Trial -- Jury admonition offset any prejudice from prosecutor's cross-examination and argument. [HTML, WP5.1]

Hicks v. State (Per Curiam) CR98-353
Appeal & error -- Motion to withdraw as counsel and to stay briefing schedule; granted. [HTML, WP5.1]

McGann v. Pine Bluff Police Dep't (Glaze, J.) 97-899
Appeal & error -- Several issues unresolved in order; case not subject to appeal; circuit court's decision affirmed; modified to reflect dismissal without prejudice. [HTML, WP5.1]

O'Brien v. State (Per Curiam) CR98-921
Criminal procedure -- Postconviction relief; no constitutional right to appointment of counsel; counsel not appointed for appeal of untimely petition unless ground sufficient to void conviction stated. [HTML, WP5.1]

Ramos v. State (Per Curiam) CR98-730
Contempt -- Order issued. [HTML, WP5.1]

Taylor v. State (Newbern, J.) CR97-1240
Venue -- Change of; selected jurors impartial; denial of motion not abuse of discretion; no abuse of discretion found in refusal to dismiss juror for cause. [HTML, WP5.1]

APPENDIX

In Re: Supreme Court Committee on Model Jury Instructions- -Civil. (Per Curiam) [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Bilal v. State, TEN 98-19 (Per Curiam), Pro Se Motion for Reconsideration denied September 24, 1998.

Jones v. Hanshaw, 98-828 (Per Curiam), Pro Se Petition for Writ of Mandamus moot September 24, 1998.

Mobbs v. Hanshaw, CR 98-972 (Per Curiam), Pro Se Petition for Writ

of Mandamus moot September 24, 1998.

Pardue v. Keith, CR 98-746 (Per Curiam), Pro Se Petition for Writ of Mandamus moot September 24, 1998.

Pomerleau v. State, CR 97-550 (Per Curiam), affirmed September 24, 1998.

Ray v. State, CR 97-915 (Per Curiam), affirmed September 24, 1998. Stephens v. Norris, CR 98-764 (Per Curiam), Pro Se Motion for Rule

on Clerk to Proceed with a Belated Appeal of Order denied September 24, 1998.

Wallace v. State, CR 98-1086 (Per Curiam), September 24, 1998.


ORIGINAL SYLLABUS

W. H. "DUB" ARNOLD, JUSTICE: CR97-1050. Kevin Dewayne Baker v. State of Arkansas, from Polk Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

DAVID NEWBERN, JUSTICE: CR97-1240. William Dillard Taylor v. State of Arkansas, from Crawford Circuit. Affirmed. (12 PAGES PUBLISHED) [HTML, WP5.1]

Justice Newbern announces his retirement: [HTML, WP5.1]

TOM GLAZE, JUSTICE: 97-899. James McGann v. Pine Bluff Police Department, from Jefferson Circuit. Affirmed as Modified. Corbin, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE: 97-607. Ford Motor Credit Company v. Doris Ellison, from Union Circuit, Second Division. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE: CR97-1385. Jessie Renee Garling and Vincent Garling v. State of Arkansas, from Pulaski Circuit. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS: CR97-550. William Glenn Pomerleau v. State of Arkansas, from Pulaski Circuit. Affirmed. (9 PAGES UNPUBLISHED)

CR97-915. Gifford Ray v. State of Arkansas, from Hot Spring Circuit. Affirmed. (3 PAGES UNPUBLISHED)

PER CURIAM ORDERS

REVIEW DENIED: Pro se petition for review was denied today in the following case.

CR98-1086. Barry Lyndell Wallace v. State of Arkansas, from Crittenden Circuit. See per curiam this date. (2 PAGES UNPUBLISHED)

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CR98-353. Ben Wesley Hicks v. State of Arkansas, from Garland Circuit. Motion to withdraw as counsel and to stay briefing schedule. Motion granted; counsel appointed. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

CR98-921. Shawn O'Brien v. State of Arkansas, from Poinsett Circuit. Motion concerning appointment of counsel and motion to delay appellant's brief if filed by attorney. Motion to be appointed as attorney denied. Motion to delay moot. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

98-1005. Charlotte Depriest v. T. David Carruth, from Monroe Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-1077. David Coley v. State of Arkansas, from Phillips Circuit. Motion for rule on the clerk is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-730. Gilberto Ramos, Jr. v. State of Arkansas, from Washington Circuit. Contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

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. Moot. Writ issued September 10, 1998.

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. Remanded to settle record. Writ returnable in thirty days.

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

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

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

CR98-746. David Pardue v. Honorable Tom Keith, Judge, from Benton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

CR98-764. Thomas D. Stephens v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for rule on clerk to proceed with a belated appeal of order. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

CR98-972. Donald Mobbs v. Honorable Lance Hanshaw, Judge, from Lonoke Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

98-828. Edward Jones v. Hon. Lance Hanshaw, from Lonoke Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

TEN98-19. Kasib Tauheed Bilal v. State of Arkansas, from Pulaski Circuit. Pro se motion for reconsideration. Motion denied. See per curiam this date. (1 PAGE UNPUBLISHED)

In Re: Supreme Court Committee on Model Jury Instructions - Civil. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Hani W. Hashem, Esq., of Monticello is appointed to the Supreme Court Committee on Model Jury Instructions - Civil to fill the unexpired term of John C. Everett. This term expires on April 30, 2001.

The Court extends its thanks to Mr. Hashem for accepting appointment to this most important Committee. Furthermore, the Court expresses its appreciation to Mr. Everett for his service to the Committee.

MOTIONS SUBMITTED

CR98-595. Gary Bly v. State of Arkansas, from Logan Circuit, Northern District. Attorney Richard Lippard is directed to appear and show cause today at 9:00 a.m.

CR98-796. Anthony E. Hamilton v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

CR98-797. Cardell Hunes v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal.

CR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Motion for rule on the clerk.

98-369. Randall M. Shochet v. Arkansas State Board of Law Examiners, an Original Action. Appellant's motion to file belated reply brief.

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion to supplement the record.

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion to extend briefing schedule.

98-821. Seiz Company et al. v. Tyler Seiz, from Garland Chancery. Appellee's petition to reconsider denial of petition for review.

98-1113. H. Stacy Clayton et al. v. Ideal Chemical & Supply Company, from Lee Circuit. Appellee's motion to dismiss appeal.

98-1115. Brent Standridge v. Sharon Priest, Secretary of State, from Pulaski Circuit, Third Division. Appellant's motion for expedited consideration.

98-1115. Brent Standridge v. Sharon Priest, Secretary of State, from Pulaski Circuit, Third Division. Appellant's motion to supplement the record.

CA98-905. Laura Kay Daniel v. Stephen Daniel, from Benton Chancery. Appellant's amended motion to expedite appeal.

CA98-905. Laura Kay Daniel v. Stephen Daniel, from Benton Chancery. Appellee's motion to dismiss appeal.

SUBMISSIONS

97-1116. Justin Merritt v. State of Arkansas, from Craighead Chancery, Western District. Argued orally.

97-1510. Joe Hoyle v. Dianna Faucher, Crawford County Treasurer, from Crawford Chancery. Argued orally.

CR98-3. James Earl Rychtarik v. State of Arkansas, from Cleburne Circuit.

CR98-74. Linda Street v. State of Arkansas, from Jackson Circuit.

CR98-98. Clay Anthony Ford v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR98-111. LaJarrett Booker v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

CR98-190. Willie E. Jackson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division.