Opinions delivered
October 8, 1998
Booker v. State (Glaze, J.) CR98-111
Criminal law -- Rape-shield statute inapplicable;
trial court ruled evidence not relevant; no abuse of discretion
found.
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Boone v. State (Imber, J.) CR98-284
Criminal procedure -- Custodial statements;
psychological tactics acceptable; denial of motion to suppress
affirmed.
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Conner v. State (Imber, J.) CR97-1426
Criminal procedure -- Waiver of rights; appellant
made knowing and intelligent waiver; custodial statement voluntary;
promise of leniency honored; no detrimental reliance found;
officers not required to repeat Miranda warning before
appellant gave second statement.
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Dansby v. State (Per Curiam) CR97-1415
Contempt -- Order issued.
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Green v. State (Imber, J.) CR97-1515
Search & seizure -- Exigent circumstances; agents
permitted to conduct warrantless search of bag on bus; denial of
motion to suppress upheld.
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McNeese v. State (Corbin, J.) CR98-323
Indictment & information -- Appellant failed to
raise sufficiency argument before trial; not preserved for
appellant review.
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Rychtarik v. State (Thornton, J.) CR98-3
Criminal procedure -- Waiver of rights;
determination that appellant made knowing and intelligent waiver
upheld; denial of additional psychological evaluation to address
competence issue upheld.
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State v. Bowers (Brown, J.) CR98-555
Search & seizure -- Illegal stop; search tainted;
suppression ruling in favor of appellant passenger affirmed.
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State v. Clemmons (Glaze, J.) CR98-296
Attorney & client -- Ineffective-assistance claim;
counsel's actions part of trial strategy; representations did not
fall below objective standards of reasonableness; grant of new
trial clearly erroneous.
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State v. Donahue (Arnold, C.J.) CR98-196
Appeal & error -- Appeal by State; procedurally
barred by failure to make timely objection to defense; trial court
affirmed.
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Street v. State (Arnold, C.J.) CR98-74
Appeal & error -- No appeal from nolo
contendere plea; exception to appellate rule not applicable;
appeal dismissed.
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In Re: Client Security Fund (Per Curiam) [HTML, WP5.1]
Cole v. State, CR 98-791 (Per Curiam), Pro Se Motion for Extension of Time to File Brief granted; Pro Se Motion for Appointment of Counsel denied October 8, 1998.
Dennis v. State, CR 97-902 (Per Curiam), Pro Se Motions to Add Additional Grounds to Appellant's Brief; motions denied, October 8, 1998.
Ford v. Norris, 98-701 (Per Curiam), Pro Se Motion for Extension of Time to File Brief and Pro Se Motion for Appointment of Counsel denied and appeal dismissed October 8, 1998.
Johnson v. Lockhart, 97-1109 (Per Curiam), Pro Se Motion for Rule on Clerk to Proceed with Belated Appeal of Order and Petition for Writ of Certiorari denied October 8, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE:
CR98-74. Linda Street v. State of Arkansas, from Jackson Circuit. Appeal Dismissed. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR98-196. State of Arkansas v. Carlos Exavier Donahue, from Pulaski Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
CR98-111. Lajarrette Booker v. State of Arkansas, from Mississippi Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]
CR98-296. State of Arkansas v. Maurice Clemmons, from Pulaski Circuit. Reversed. (5 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
CR98-323. James McNeese v. State of Arkansas, from Conway Circuit. Affirmed. (2 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
CR98-555. State of Arkansas v. Salena Rae Bowers, from Benton Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
CR97-1426. Corey Jermo Conner v. State of Arkansas, from Crittenden Circuit. Affirmed. Brown, J., concurs. Newbern and Thornton, JJ., dissent. (18 PAGES + 4 PAGES CONCUR + 9 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
CR97-1515. Robert Green v. State of Arkansas, from Pulaski Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
CR98-284. Guy Anthony Boone v. State of Arkansas, from Union Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR98-3. James Earl Rychtarik v. State of Arkansas, from Cleburne Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
REVIEW GRANTED: Petition for review was granted today in the following case.
CR98-693. John Alvin Lewis v. State of Arkansas, from Washington Circuit.
REVIEW DENIED: Petition for review was denied today in the following case.
98-1114. Mildred Irene Sexton v. Wilson Sexton, from White Chancery.
98-1060. Arkansas Bar Association, Petitioner. In Re: Appointment of an Ad Hoc Task Force to Determine the Need for Rule Changes or a Supreme Court Committee on Race and Gender Fairness in the Arkansas Legal System. Petition for appointment of task force granted. See per curiam issued October 7, 1998. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR97-1415. Joe Louis Dansby v. State of Arkansas, from Nevada Circuit. Contempt order issued. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR98-551. James Monroe Bohanan, II v. State of Arkansas, from Saline Circuit. Appellant's motion for extension of time or to file belated reply brief is granted.
CR98-1088. Lisa A. Joiner v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion for reconsideration is denied.
98-489. Mary Kay Cosmetics, Inc. v. Janet Isbell, from Pulaski Circuit, Third Division. Appellee/Cross-Appellant's motion for extension of time to file brief and for extension of time to file reply to amicus curiae. Granted ninety days.
98-682. Michael Verratti v. Michele J. Vaught et al., from Sebastian Circuit, Fort Smith District. Appellant's motion to dismiss appeal is granted.
98-866. Donald Ray Dawson v. Temps Plus, Inc., from Mississippi Circuit, Chickasawba District. Appellant's second motion for extension of time to file brief is granted. Motion for permission to file enlarged brief is denied.
98-917. Cardinal Freight Carriers, Inc. et al. v. J. B. Hunt Transport Services, Inc. and J. B. Hunt Logistics, Inc., from Benton Chancery. Joint motion to file substitute brief is granted.
98-1052. Bobby Roberts et al. v. Sharon Priest, Secretary of State, an Original Action. Motion for additional time for oral argument is denied.
98-1052. Bobby Roberts et al. v. Sharon Priest, Secretary of State, an Original Action. Intervenor's motion to substitute briefs is granted.
CR97-902. Darrell Dennis v. State of Arkansas, from Pulaski Circuit. Pro se motions to add additional grounds to appellant's brief. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-791. Harry Cole v. State of Arkansas, from Pulaski Circuit. Pro se motions for extension of time to file brief and for appointment of counsel. Motion for extension of time granted; motion for appointment of counsel denied. See per curiam this date. (2 PAGES UNPUBLISHED)
97-1109. Albert Lee Johnson v. A. L. Lockhart, Director, Arkansas Department of Correction et al., from Jefferson Circuit. Pro se motion for rule on clerk to proceed with belated appeal of order and petition for writ of certiorari. Motion and petition denied. See per curiam this date. (2 PAGES UNPUBLISHED)
98-701. Dwight L. Ford v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for extension of time to file brief and pro se motion for appointment of counsel. Motions denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)
In Re: Client Security Fund. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Othello C. Cross, Esq., of Pine Bluff, is hereby appointed to the Client Security Fund Committee to fill the unexpired term of Judith A. DeSimone. This term expires on July 31, 2002.The Court thanks Mr. Cross for accepting appointment to this most important Committee.
The Court expresses its appreciation to Ms. DeSimone for her service to the Committee, especially as its chair. Mr. Richard A. Jarboe will succeed her as the chairperson.
PETITIONS FOR REVIEW:
98-842. Randy Adair v. Joe Brennan General Contracting and United States Fidelity and Guaranty Company, from Workers' Compensation Commission.
98-1139. Carol Moore v. Southern Farm Bureau Casualty Insurance Company, from Drew Circuit.
98-440. Wally Grummer v. Ellen Cummings, from Faulkner Circuit. Appellant's motion to file enlarged reply brief.
98-692. Ronnie Furman v. Second Injury Fund, from Workers' Compensation Commission. Appellant's motion to file supplemental brief.
98-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellee's motion to dismiss appeal.
98-957. Arkansas Highway Police v. State of Arkansas, from Workers' Compensation Commission. Appellee's motion to dismiss appeal, or in the alternative, for extension of time to file appellee's brief.
98-1085. William Keith Webber v. Arkansas Department of Human Services, from Crittenden Chancery. Appellant's motion for attorney fees.
98-1093. The League of Women Voters of Arkansas v. Sharon Priest, Secretary of State, an Original Action. Intervenor's answer to complaint and motion to dismiss.
98-1165. Gerlinda Martin and Earl E. Martin v. James Arthur, M.D. et al., from Garland Circuit. Motion for rule on the clerk.
98-1168. Fred DuVall v. Ron Bennett et al., from Van Buren Circuit. Petition for writ of mandamus and/or certiorari.
98-1168. Fred DuVall v. Ron Bennett et al., from Van Buren Circuit. Appellant's motion to dismiss reply to petition.
98-1052. Bobby Roberts et al. v. Sharon Priest, Secretary of State, an Original Action. Argued orally.
98-1093. The League of Women Voters of Arkansas v. Sharon Priest, Secretary of State, an Original Action. Argued orally.
CR98-120. Larry Stephenson v. State of Arkansas, from Pulaski Circuit, First Division.
CR98-561. Brian C. McGhee v. State of Arkansas, from Grant Circuit. 97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery.
97-1085. William Keith Webber v. Arkansas Department of Human Services, from Crittenden Chancery.
97-1391. Beatrice D. Dolphin v. Jimmie L. Wilson, from Phillips Chancery.