ARKANSAS SUPREME COURT
ADVANCE REPORTS
---------------
IN THIS ISSUE
---------------
334 Ark.

Opinions delivered
October 15, 1998


Download ZIP file containing today's WP5.1 files.
The software to unzip the file is available from the PKWare Home Page.

Henderson v. Henderson (Glaze, J.) 97-699
Judges -- Recusal clearly denied; special chancellor resolved collateral matters. [HTML, WP5.1]

Hoyle v. Faucher (Brown, J.) 97-1510
Taxation -- Illegal exaction; Act 758 of 1995; General Assembly enacted exemption from rollback dictates of Ark. Const. Amend. § 59; Section 3 held unconstitutional while in effect; trial court reversed; order dismissing appellant's complaint for failure to state claim reversed; matter remanded. [HTML, WP5.1]

League of Women Voters v. Priest (Per Curiam) 98-1093
Elections -- Ballot title; issues in challenge moot; petition dismissed. [HTML, WP5.1]

McGhee v. State (Thornton, J.) CR98-561
Courts -- State failed to meet burden; no compelling reason or authority given for overruling case. [HTML, WP5.1]

Ratliff Enterprises, Inc. v. American Employers Ins. Co. (Thornton, J.) 97-1471
Insurance -- Policy language clear; coverage for loss specifically excluded; business losses also excluded from coverage. [HTML, WP5.1]

Roberts v. Priest (Arnold, C.J.) 98-1052
Elections -- Initiative and referendum; master properly excluded signatures; measure lacked sufficient signatures for placement on ballot; onus of compliance with constitutional procedural requirements lies with sponsor of proposed amendment; petition to enjoin placement of proposed amendment on ballot granted. [HTML, WP5.1]
You may also view the Report and Findings of the Special Master [HTML, WP5.1]

Stephenson v. State (Newbern, J.) CR98-120
Evidence -- Eyewitness account sufficient to sustain conviction; evidence not circumstantial. [HTML, WP5.1]

Webber v. Arkansas Dep't of Human Servs. (Corbin, J.) 97-1085
Appeal & error -- Motion for attorney's fees denied; unsupported arguments not considered. [HTML, WP5.1]

Williams v. State (Per Curiam) CR98-597
Appeal & error -- Motion to dismiss denied; motion to file belated brief granted. [HTML, WP5.1]

SUPPLEMENTAL OPINION ON DENIAL OF
REHEARING

Matthews v. State (Per Curiam) CR97-267
Appeal & error -- Failure to obtain ruling led to procedural bar; petition for rehearing denied. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Drury v. Humphrey, CR 98-940 (Per Curiam), Pro Se Petition for Writ of Prohibition denied October 15, 1998.

Holloway v. State, CR 97-751 (Per Curiam), affirmed October 15, 1998.

Yisrayl v. Huckabee, 98-1025 (Per Curiam), Pro Se Motion for Temporary Restraining Order and Preliminary Injunction denied; Motion for Emergency Temporary Restraining Order and Extension of Time to File Appellant's Brief denied in part and granted in part October 15, 1998.


ORIGINAL SYLLABUS

W. H. "DUB" ARNOLD, CHIEF JUSTICE: 98-1052. Bobby Roberts et al. v. Sharon Priest, Secretary of State v. John Hoyle et al., an Original Action Petition. Petition Granted. Glaze and Corbin, JJ., concur. (12 PAGES PUBLISHED, 4 PAGE CONCURRENCE) [HTML, WP5.1]

DAVID NEWBERN, JUSTICE: CR98-120. Larry Stephenson v. State of Arkansas, from Pulaski Circuit. Affirmed. (4 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE: 97-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appeal Dismissed in Part and Affirmed in Part. (5 PAGES PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE: 97-1085. William Keith Webber and Jackie Webber v. Arkansas Department of Human Services, from Crittenden Chancery, Juvenile Division. Motion for Attorney Fees Denied. (2 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE: 97-1510. Joe Hoyle et al. v. Dianna Faucher et al., from Crawford Chancery. Reversed and Remanded. Special Justices Chuck Banks and Richard Proctor join in this opinion. Special Justice Leon Holmes concurs. Thornton, J., dissents. Glaze, Corbin, and Imber, JJ., not participating. (9 PAGES PUBLISHED, 4 PAGE CONCURRENCE, 2 PAGE DISSENT) [HTML, WP5.1]

RAY THORNTON, JUSTICE: CR98-561. Brian McGhee v. State of Arkansas, from Grant Circuit. Reversed. (5 PAGES PUBLISHED) [HTML, WP5.1]

97-1471. Ratliff Enterprises, Inc. v. American Employers Insurance Company, from Jefferson Circuit. Affirmed. Glaze and Brown, JJ., dissent. (10 PAGES PUBLISHED, 3 PAGE DISSENT) [HTML, WP5.1]

PER CURIAM OPINIONS: CR97-751. Manford Dale Holloway v. State of Arkansas, from Pulaski Circuit. Affirmed. (8 PAGES UNPUBLISHED)

98-1093. League of Women Voters of Arkansas v. Sharon Priest et al., an Original Action Petition. Petition Dismissed.

(1 PAGE PUBLISHED) [HTML, WP5.1]

PER CURIAM ORDERS

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

CR97-267. Shirley Matthews v. State of Arkansas, from Craighead Circuit, Western District. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

*********************************

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

98-842. Randy Adair v. Joe Brennan General Contracting and United States Fidelity and Guaranty Company, from Workers' Compensation Commission. Corbin, J., not participating.

98-1139. Carol Moore v. Southern Farm Bureau Casualty Insurance Company, from Drew Circuit. Glaze and Imber, JJ., not participating.

********************************

CR98-597. Clarence Williams v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal is denied. Appellant's motion to file belated brief is granted. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

98-440. Wally Grummer v. Ellen Cummings, from Faulkner Circuit. Appellant's motion to file enlarged reply brief is denied.

98-692. Ronnie Furman v. Second Injury Fund, from Workers' Compensation Commission. Appellant's motion to file supplemental brief is granted.

98-699. Stephen V. Henderson v. Sandra K. Henderson, from Faulkner Chancery. Appellee's motion to dismiss appeal is granted in part. See opinion this date.

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. Motion to dismiss appeal to be submitted with briefs. Motion for extension of time to file brief is granted.

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. Moot.

98-1165. Gerlinda Martin and Earl E. Martin v. James Arthur, M.D. et al., from Garland Circuit. Motion for rule on the clerk is granted. Newbern, J., not participating.

98-1168. Fred DuVall v. Ron Bennett et al., from Van Buren Circuit. Petition for writ of mandamus and/or certiorari is denied.

98-1168. Fred DuVall v. Ron Bennett et al., from Van Buren Circuit. Appellant's motion to dismiss reply to petition is denied.

CR98-940. James Robert Drury v. Hon. Marion Humphrey, Circuit Judge, from Pulaski Circuit, First Division. Pro se petition for writ of prohibition. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED)

98-1025. Yliyah Ben Yisrayl v. Mike Huckabee, Governor et al., from Jefferson Circuit. Pro se motion for temporary restraining order and preliminary injunction denied; motion for emergency temporary restraining order and extension of time to file appellant's brief denied in part and granted in part. See per curiam this date. (2 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Appellant's motion for additional time for oral argument.

CR98-922. Donnie Whitney v. State of Arkansas, from Lafayette Circuit. Amended motion for belated appeal.

CR98-924. Bobby Joe Jones v. State of Arkansas, from Lafayette Circuit. Amended motion for belated appeal.

CR98-1255. Bobbie Hollister v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to stay court proceedings and for expedited hearing.

98-1052. Bobby Roberts, Individually et al. v. Sharon Priest, Secretary of State v. John Hoyle et al., an Original Action. Motion for consideration of post hearing brief.

98-1158. Jeffrey L. Slaton v. Teresa A. Slaton, from Washington Chancery. Appellant's motion to file expanded addendum.

98-1211. Cleveland Rayford, M.D. v. Iserine McHenry et al., from Ouachita Circuit. Motion for rule on the clerk.

SUBMISSIONS

97-1476. C. W. Richardson v. Carl Rodgers, from White Circuit. Argued orally.

97-1550. Frank Quinn (deceased) v. Webb Wheel Products, from Workers' Compensation Commission. Argued orally.

98-1115. Brent Standridge v. Sharon Priest, Secretary of State, from Pulaski Circuit, Third Division.

97-1228. Tim D. Williams v. Kelly Lasley Martin, from Faulkner Circuit.

97-1427. Diann K. Dodson Douglas v. Charter Behavioral Health System of Northwest Arkansas, from Washington Circuit.

97-1456. Montgomery Ward v. G. W. Anderson et al., from Stone Circuit.

97-1568. Lowell D. Fonken v. Yedidiyah D. Fonken, from White Chancery.