Opinions delivered
November 5, 1998
Abbott v. State (Per Curiam) CR98-1256
Appeal & error -- Motion for rule on clerk; good
cause for granting.
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Barnhart v. City of Fayetteville (Glaze, J.) 97-1524
Appeal & error -- Trial court properly rejected
appellant's characterization of her suit as being primarily based
in contract; trial court's denial of request for additional
attorney's fees affirmed.
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Clayton v. Ideal Chem. & Supply Co.(Per Curiam) 98-1113
Appeal & error -- Purpose of Ark. R. App. P.--Civ.
3(e) satisfied where record tendered before submission of
appellee's motion to dismiss; motion to dismiss appeal denied.
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ERC Contractor Yard & Sales v. Robertson (Imber, J.) 98-288
Workers' compensation -- Substantial evidence
existed to support finding that accident not caused by use of
alcohol; presumption rebutted by preponderance of evidence; injury
caused by alcohol withdrawal; appellee suffered compensable
idiopathic fall.
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Greene v. State (Newbern, J.) CR96-362
Criminal law -- Aggravating circumstances; jury's
finding of "prior violent felony" reversed; autopsy photographs not
repetitive; fitness to proceed; trial court committed reversible
error by failing to hold hearing on objections to mental
evaluation; case remanded for hearing required by Ark. Code Ann.
§ 5-2-309(c).
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Herman v. Herman (Newbern, J.) 98-85
Divorce -- Alimony; cohabitation here insufficient
to cause loss of; alimony terminated without showing of changed
circumstances; case reversed and remanded.
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Sturgis v. Skokos (Newbern, J.) 98-299
Civil procedure -- Summary-judgment motion;
appellants had burden of raising factual issue in response to;
trial court did not err in granting summary judgment; gist of
action one for negligence; contract statute of limitations
inapplicable.
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In Re: Arkansas Rules of Civil Procedure 4, 5, 26, 33, 34, 41, 50, 54, 55; Arkansas Rules of Appellate Procedure 4; Proposed Administrative Order 11; Arkansas Code Annotated Sections 16-20-109 and 16-58-131 (Per Curiam) [HTML, WP5.1]
In Re: Rules Governing Admission to the Bar of Arkansas (Per Curiam) [HTML, WP5.1]
In Re: Rules of Appellate Procedure--Criminal, Rule 2 (Per Curiam) [HTML, WP5.1]
In Re: Rule 5.5, Rules of Criminal Procedure (Per Curiam) [HTML, WP5.1]
Bly v. State, CR 98-595 (Per Curiam), Pro Se Motion for Appointment of Counsel denied November 5, 1998.
Coleman v. State, CR 98-224 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted November 5, 1998.
Crawford v. Davis, CR 98-217 (Per Curiam), Pro Se Petition for Writ of mandamus moot November 5, 1998.
Richards v. State, CR 97-1536 (Per Curiam), Pro Se Motion for Leave to File a Pro Se Reply Brief denied November 5, 1998.
Rudd v. State, CR 97-840 (Per Curiam), affirmed November 5, 1998.
Williams v. State, CR 84-30 (Per Curiam), Pro Se Petition for Writ of Certiorari dismissed November 5, 1998.
DAVID NEWBERN, JUSTICE:
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Reversed and Remanded. Brown, J., concurs in part and dissents in part. (41 PAGES + 3 PAGES CONCUR PUBLISHED) [HTML, WP5.1]
98-299. Andrew Sturgis and Vanessia Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division. Affirmed. (16 PAGES PUBLISHED) [HTML, WP5.1]
98-85. Gloria Goolsby Herman v. Michael Thomas Herman, from Ouachita Chancery. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]
TOM GLAZE, JUSTICE:
97-1524. Katherine Barnhart et al. v. City of Fayetteville, Arkansas et al., from Washington Chancery. Affirmed. Imber, J., not participating. (6 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE:
98-288. ERC Contractor Yard & Sales and Liberty Mutual Insurance v. Lonnie Robertson, from Arkansas Workers' Compensation Commission. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]
PER CURIAM OPINION:
CR97-840. Jimmy Wayne Rudd v. State of Arkansas, from Mississippi Circuit. Affirmed. (6 PAGES UNPUBLISHED)
98-1113. H. Stacy Clayton et al. v. Ideal Chemical & Supply Company, from Lee Circuit. Appellee's motion to dismiss appeal is denied. See per curiam this date. Newbern and Glaze, JJ., concur in part and dissent in part. (3 PAGES + 2 PAGES CONCUR PUBLISHED) [HTML, WP5.1]
CR98-383. Millard James Russey v. State of Arkansas, from Clark Circuit. Appellee's motion to direct compliance with Arkansas Supreme Court Rule 4-3(g) and 4-3(h) is granted.
CR98-595. Gary D. Bly v. State of Arkansas, from Logan Circuit, Northern District. Petition for writ of certiorari to complete the record. Granted 45 days.
CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion to extend time for return of writ is granted. Writ returnable November 20, 1998.
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Motion of Ray Hartenstein to be entered as attorney for appellant on appeal is granted.
CR98-1256. Leslie Ray Abbott v. State of Arkansas, from Greene Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
98-16. Pat Glover et al. v. Dean Overstreet et al., from Pulaski Chancery, First Division. Appellees' motion to reschedule oral argument is granted.
98-299. Andrew Sturgis et al. v. Theodore C. Skokos et al., from Pulaski Circuit, Sixth Division. Motion of separate appellee Randy Coleman to strike is denied.
97-1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Appellee's motion to reschedule oral argument is denied.
CA98-905. Laura Kay Daniel v. Stephen Daniel, from Benton Chancery. Motion for reconsideration is denied.
CR84-30. James H. Williams, Jr. v. State of Arkansas, from Mississippi Circuit, Osceola District. Pro se petition for writ of certiorari. Petition dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR97-1536. Arty J. Richards v. State of Arkansas, from Yell Circuit, Northern District. Pro se motion for leave to file a pro se reply brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-217. Floyd Crawford v. Hon. Fred Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGES UNPUBLISHED)
CR98-224. Derek Coleman v. State of Arkansas, from Crittenden Circuit. Pro se motion for extension of time to file appellant's brief. Motion granted. (Final Extension) See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-595. Gary Bly v. State of Arkansas, from Logan Circuit, Northern District. Pro se motion for appointment of counsel. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Rules of Appellate Procedure--Criminal, Rule 2. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
In Re: Rule 5.5, Rules of Criminal Procedure. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Arkansas Rules of Civil Procedure 4, 5, 26, 33, 34, 41, 50, 54, 55. Arkansas Rules of Appellate Procedure 4. Proposed Administrative Order 11. Arkansas Code Annotated Sections 16-20-109 and 16-58-131. See per curiam this date. (53 PAGES PUBLISHED) [HTML, WP5.1]
PETITIONS FOR REHEARING:
CR97-1426. Corey Jermo Conner v. State of Arkansas, from Crittenden Circuit.
CR97-1515. Robert Green v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR98-74. Linda Street v. State of Arkansas, from Jackson Circuit.
PETITIONS FOR REVIEW:
98-1217. John Holloway v. Ray White Lumber Company et al., from Workers' Compensation Commission.
98-1218. Gary and Phyllis McDougal v. Watson and Anita Treas, from Little River Circuit.
98-1224. Jo Ann Hoffmann v. Billy W. Baker, from Benton Chancery.
CR97-1209. Melvin Kent Shoemate v. State of Arkansas, from Fulton Circuit. Motion for belated appeal, writ of certiorari, or rule on the clerk.
CR97-1209. Melvin Kent Shoemate v. State of Arkansas, from Fulton Circuit. Appellant's motion to consolidate with Case No. CR98-1107. CR97-1412. Charles F. Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for reconsideration.
CR98-404. Benjamin McFarland v. State of Arkansas, from Boone Circuit. Appellee's motion for compliance with Rule 4-3(h), and alternative motion to stay briefing schedule.
CR98-510. Jason McGehee v. State of Arkansas, from Boone Circuit. Appellant's motion to supplement the record and stay briefing schedule.
CR98-551. James Monroe Bohanan, II v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal.
CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Motion for extension of time to file appellant's brief.
CR98-693. John Alvin Lewis v. State of Arkansas, from Washington Circuit. Appellee's motion to file supplemental brief.
CR98-1028. J.C.S. v. State of Arkansas, from Sevier Circuit. Appellee's motion to dismiss appeal.
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Appellant's motion to supplement record on appeal.
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Appellant's motion to stay briefing schedule.
CR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Motion for rule on the clerk.
CR98-1171. Eddie Austin v. State of Arkansas, from Crittenden Circuit. Appellant's motion to correct record.
98-1099. Janet Isbell v. Mary Kay, Inc., from Pulaski Circuit, Third Division. Appellant/Cross-Appellee's motion to stay briefing schedule.
98-1286. Liberty Bail Bonding, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk.
98-1287. Liberty Bail Bonding, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk.
97-1028. Farm Bureau Policy Holders and Members v. Farm Bureau Mutual Insurance Company of Arkansas, Inc., from Chicot Chancery. Argued orally.
97-1016. William G. Ford v. Arkansas Game & Fish Commission, from Grant Circuit. Argued orally.
CR97-1412. Charles F. Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CR98-505. Lajarrette T. Booker v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
98-316. Harold "Butch" Sargent v. Jack Lewis, Municipal Judge, from Van Buren Circuit.
98-369. Randall Mark Shochet v. Arkansas Board of Bar Examiners, an Original Action Petition.
98-381. Federal Financial Company v. Wendell H. Noe, from Craighead Circuit, Eastern District.
Published opinions are available on the Internet at http://courts.state.ar.us