Opinions delivered
November 12, 1998
Alexander v. State (Thornton, J.) CR97-1412
Appeal & error -- Appellant failed to make
contemporaneous objection; issue not preserved for appeal;
exceptions under Ark. R. Evid. 103(d) inapplicable.
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Davis v. State (Per Curiam) CR98-1135
Appeal & error -- Motion for rule on clerk; good
cause for granting.
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Dodson v. Charter Behavioral Health System of Northwest Arkansas, Inc. (Brown, J.) 97-1427
Probate -- Statute of Non-Claim; no claim filed
against appellee/cross appellant estate for injury or death; claims
against estate's assets represented by complaints in tort and
judgment were barred; summary judgment reversed.
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Dolphin v. Wilson (Brown, J.) 97-1391
Courts -- Mandate; trial court's order did not give
effect to opinion in first appeal; order reversed and case
dismissed where trial court exceeded jurisdiction.
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Federal Fin. Co. v. Noe (Glaze, J.) 98-381
Limitation of actions -- Appellants' complaint
timely filed; judgment of trial court dismissing complaint with
prejudice reversed.
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K.M. v. State (Corbin, J.) 97-1116
Criminal law -- Second-degree battery; substantial
evidence supported trial court's finding that appellant had
requisite intent; insanity defense not extended to juveniles under
age of fourteen; trial court's ruling affirmed.
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Roberts v. Priest (Per Curiam) 98-1052
Costs -- Original action; costs to be shared
equally by real parties in interest.
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In Re: Client Security Fund Committee (Per Curiam) [HTML, WP5.1]
In Re: Uniform Order/Notice to Withhold Income for Child Support (Per Curiam) [HTML, WP5.1]
Anthony v. State, CR 97-655 (Per Curiam), Pro Se Motion for Photocopies at Public Expense denied November 12, 1998.
Garner v. State, CR 98-1024 (Per Curiam), Pro Se Motion for Rule on Clerk and Pro Se Motion for Appointment of Counsel denied November 12, 1998.
Jones, Michael L. v. State, CR 97-1167 (Per Curiam), Appellant's Pro Se Motions to Include a Supplemental Abstract in His Reply Brief and for Expansion of Page Limit in Reply Brief and for Appointment of Counsel denied November 12, 1998.
Pardue v. State, CR 98-970 (Per Curiam), Pro Se Motion to Strike Appellee's Brief denied November 12, 1998.
TOM GLAZE, JUSTICE:
98-381. Federal Financial Company v. Wendell H. and Elizabeth A. Noe, from Craighead Circuit, Eastern District. Reversed and Remanded. (7 PAGES PUBLISHED) [HTML, WP5.1]
DONALD L. CORBIN, JUSTICE:
97-1116. K.M., Father of J.M., a Minor v. State of Arkansas, from Craighead Chancery, Western District, Juvenile Division. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE:
97-1391. Beatrice Dolphin v. Jimmie L. Wilson and Henrietta J. Wilson, from Phillips Chancery. Reversed and Dismissed. Special Justice Paul Byrd joins in this opinion. Thornton, J., and Special Justices James Roy and Kent Tester dissent. Newbern, Glaze, and Corbin, JJ., not participating. (9 PAGES + 11 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
97-1427. Diann K. Dodson (Douglas) and Ruthie Drain, Administratrix of the Estate of Freddie Drain v. Charter Behavioral Health System of Northwest Arkansas, Inc. d/b/a Charter Vista Hospital et al., from Washington Circuit. Affirmed in Part; Reversed in Part and Remanded. Glaze, J., dissents. Newbern, J., not participating. (15 PAGES + 3 PAGES DISSENT PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE:
CR97-1412. Charles Alexander v. State of Arkansas, from Pulaski Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
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.
REVIEW GRANTED: Petition for review was granted today in the following case.
98-1217. John Holloway v. Ray White Lumber Company et al., from Workers' Compensation Commission. Thornton, J., would deny. Corbin, J., not participating.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
98-1218. Gary and Phyllis McDougal v. Watson and Anita Treas, from Little River Circuit. Corbin, J., not participating.
98-1224. Jo Ann Hoffmann v. Billy W. Baker, from Benton Chancery.
98-1052. Bobby Roberts, Individually et al. v. Sharon Priest, Secretary of State v. John Hoyle, Individually et al., an Original Action. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR97-1209. Melvin Kent Shoemate v. State of Arkansas, from Fulton Circuit. Motion for belated appeal, writ of certiorari, or rule on the clerk. Denied. Brown, J., would grant.
CR97-1209. Melvin Kent Shoemate v. State of Arkansas, from Fulton Circuit. Appellant's motion to consolidate with Case No. CR98-1107. Moot.
CR97-1412. Charles F. Alexander v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion for reconsideration is denied.
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 is granted. Allowed 30 days to comply.
CR98-510. Jason McGehee v. State of Arkansas, from Boone Circuit. Appellant's motion to supplement the record and stay briefing schedule is granted.
CR98-551. James Monroe Bohanan, II v. State of Arkansas, from Saline Circuit. Appellee's motion to dismiss appeal. To be submitted as a case. Clerk to set briefing schedule.
CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Motion for extension of time to file appellant's brief is granted. Brief due December 10, 1998.
CR98-693. John Alvin Lewis v. State of Arkansas, from Washington Circuit. Appellee's motion to file supplemental brief is granted.
CR98-1028. J.C.S. v. State of Arkansas, from Sevier Circuit. Appellee's motion to dismiss appeal is denied without prejudice.
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Appellant's motion to supplement record on appeal. Granted 30 days.
CR98-1167. Ricky Lee Scott v. State of Arkansas, from Cross Circuit. Appellant's motion to stay briefing schedule is granted.
CR98-1135. Eric Davis v. State of Arkansas, from Scott Circuit. Motion for rule on the clerk is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR98-1171. Eddie Austin v. State of Arkansas, from Crittenden Circuit. Appellant's motion to correct record is denied.
98-1099. Janet Isbell v. Mary Kay, Inc., from Pulaski Circuit, Third Division. Appellant/Cross-Appellee's motion to stay briefing schedule is denied.
98-1286. Liberty Bail Bonding, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk is denied.
98-1287. Liberty Bail Bonding, Inc. v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on the clerk is denied.
CR97-655. Pearl G. Anthony v. State of Arkansas, from Hempstead Circuit. Pro se motion for photocopies at public expense. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR97-1167. Michael L. Jones a/k/a Mikneyah Ben Yahweh v. State of Arkansas, from Hempstead Circuit. Appellant's pro se motions to include a supplemental abstract in his reply brief and for expansion of page limit in reply brief and for appointment of counsel. Motions denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR98-970. David Pardue v. State of Arkansas, from Benton Circuit. Pro se motion to strike appellee's brief. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-1024. Michael D. Garner v. State of Arkansas, from Izard Circuit. Pro se motion for rule on clerk and pro se motion for appointment of counsel. Motions denied. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Uniform Order/Notice to Withhold Income for Child Support. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Client Security Fund Committee. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
CR98-190. Willie E. Jackson, Jr. v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to expedite granted. Motion to release exhibits granted provided copies are substituted. (Proceedings of November 11, 1998)
PETITIONS FOR REVIEW:
CR98-1250. James Johnson v. State of Arkansas, from Cleburne Circuit.
98-1289. Sparks Regional Medical Center v. Danny and Donna Smith, from Crawford Circuit.
98-1297. Pulaski County Special School District and Sedgwick James v. Richard E. Shults, from Workers' Compensation Commission.
98-1315. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery.
CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion for access to sealed records.
CR98-942. Everett C. Conley v. State of Arkansas, from Izard Circuit. Appellee's motion to dismiss appeal.
CR98-986. Maxim Keith Daniels v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal.
CR98-1318. William Avon Neal v. State of Arkansas, from Jefferson Circuit. Motion to file belated appeal.
97-794. Vera Dotson et al. v. Pamela Boles, Pulaski County Director of SCAN Volunteer Service, Inc., from Pulaski Chancery, Seventh Division. Motion of Arkansas Department of Human Services to dismiss appeal.
97-1028. Farm Bureau Policy Holders and Members, Dennis Lee, Class Representative v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. et al., from Chicot Chancery. Motion to request disqualification of special justices.
98-403. Routh's Wrecker Service, Inc. v. Codney A. Washington, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.
98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion for extension of time to supplement the record.
98-1315. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery. Appellee's motion to dismiss petition for review.
97-1210. Eugene Horton v. Billy Joe Ferrell, from Bradley Chancery. Argued orally.
97- 1564. Lawhon Farm Services et al. v. James R. Brown, from Workers' Compensation Commission. Argued orally.
CR98-373. Nathan Elliott v. State of Arkansas, from Van Buren Circuit.
CR98-463. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division.
98-403. Routh's Wrecker Service, Inc. v. Codney A. Washington, from Pulaski Circuit, Third Division.
98-405. Eugene Ester v. National Home Centers, Inc., from Workers' Compensation Commission.
98-417. Southeast Foods, Inc. v. Lucy Kenner, from Miller Circuit.