ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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335 Ark.

Opinions delivered
December 10, 1998


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Bewley v. Pyramid Leasing Co. (Per Curiam) 98-1340
Appeal & error -- Motion for rule belated appeal denied. [HTML, WP5.1]

Cleek v. Great Southern Metals (Glaze, J.) 98-738
Workers' compensation -- Workers' Compensation Commission found appellee had controverted entire claim; appellant entitled to attorney's fees based on full amount of medical expenses. [HTML, WP5.1]

Ester v. National Home Centers, Inc. (Imber, J.) 98-405
Workers' compensation -- Appellant failed to rebut statutory presumption found in Ark. Code Ann. § 11-9- 102(5)(B)(iv)(b); Commission's decision supported by substantial evidence. [HTML, WP5.1]

Hambay v. Williams (Brown, J.) 98-30
Appeal & error -- Appeal dismissed without prejudice for lack of finality where chancery court did not address second count in appellants' amended complaint. [HTML, WP5.1]

Henderson v. State (Glaze, J.) CR98-546
Evidence -- Methods of proving character; expansion by use of expert testimony on gang conduct to establish victim's violent character not contemplated by Ark. R. Evid. 405. [HTML, WP5.1]

Horton v. Ferrell (Thornton, J.) 97-1210
Judges -- Special master is subject to Code of Judicial Conduct; master's report relied upon ex parte communications; trial court's acceptance of master's report reversible error. [HTML, WP5.1]

Jenkins v. Bogard (Newbern, J.) 98-1303
Elections -- Failure to hold hearing in timely manner did not deprive circuit court of subject-matter jurisdiction; appellant's failure to object precluded raising issue on appeal. [HTML, WP5.1]

Pack v. State (Per Curiam) CR98-1358
Appeal & error -- Motion for rule on clerk; attorney directed to file motion & affidavit accepting responsibility. [HTML, WP5.1]

Raines v. State (Per Curiam) CR98-945
Mandamus, writ of -- Writ inappropriate; conviction could only be challenged on proper appeal. [HTML, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Brown v. Norris, 98-1012 (Per Curiam), Pro Se Motions for Duplication of Appellant's Brief at Public Expense and to be Provided with a Sample Brief from a Civil Case; moot December 10, 1998.

Gibbs v. Norris, CR 98-795 (Per Curiam), Pro Se Motion to File Amended Appellant's Brief; denied and appeal dismissed December 10, 1998.

Nooner v. State, CR 98-577 (Per Curiam), Pro Se Motions for Rule on Clerk and for Reconsideration of Motion for New Trial and Pro Se Petitions for Writ of Mandamus and Injunction, for Writ of Prohibition, and for Extraordinary Writ; denied December 10, 1998.)

Orsini v. Norris, 98-1119 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief; granted December 10, 1998.

Thomas v. State, CR 98-1084 (Per Curiam), Pro Se Motion for Evidentiary Hearing; denied December 10, 1998.

Williams v. State, CR 97-1020 (Per Curiam), affirmed December 10, 1998.


ORIGINAL SYLLABUS

DAVID NEWBERN, JUSTICE:

98-1303. Don Jenkins and Republican State Committee v. Honorable David Bogard et al., from Pulaski Circuit. Affirmed. (9 PAGES PUBLISHED) [HTML, WP5.1]

TOM GLAZE, JUSTICE:

CR98-546. Jacinto Henderson v. State of Arkansas, from Craighead Circuit. Affirmed. (7 PAGES PUBLISHED) [HTML, WP5.1]

98-738. Laurie Cleek v. Great Southern Metals, from Arkansas Workers' Compensation Commission. Reversed. (4 PAGES PUBLISHED) [HTML, WP5.1]

ROBERT L. BROWN, JUSTICE:

98-30. Charles Hambay et al. v. Carolyn Williams et al., from Carroll Chancery. Appeal Dismissed. Imber, J., not participating. (5 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

98-405. Eugene Ester v. National Home Centers, Inc., from Arkansas Workers' Compensation Commission. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

97-1210. Eugene Horton v. Billy Joe Ferrell, from Bradley Chancery. Reversed and Remanded. (6 PAGES PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINION:

CR97-1020. Alvin Ray Williams v. State of Arkansas, from Pulaski Circuit. Affirmed. (5 PAGES UNPUBLISHED)

PER CURIAM ORDERS

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

98-299. Andrew Sturgis and Vanessia Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division.

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REVIEW GRANTED: Petition for review was granted today in the following case.

98-1288. Michael Scott Campbell v. Bonnie Campbell, from Sebastian Chancery.

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REVIEW DENIED: Petition for review was denied today in the following case.

98-1317. Drew Malone Raines III et al. v. First Nationwide Mortgage Corporation et al., from Pulaski Chancery, Sixth Division.

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98-1303. Don Jenkins and Republican State Committee v. Hon. David Bogard, Circuit Judge et al., from Pulaski Circuit, Sixth Division. Appellees' motion to dismiss for mootness is denied. See opinion this date.

98-1340. Kathryn Bewley v. Pyramid Leasing Company, Inc., from Pope Circuit. Motion for belated appeal is denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

CACR98-945. Drew Malone Raines III v. State of Arkansas, from Pulaski Circuit, Fourth Division. Petition for writ of mandamus is denied. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]

CR98-463. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division. Motion to stay mandate is granted.

CR98-703. Howard Vance Garner v. State of Arkansas, from Garland Circuit. Appellant's motion to file supplemental abstract with reply brief or in the alternative, file a substituted appellant's brief is granted.

CR98-1250. James I. Johnson v. State of Arkansas, from Cleburne Circuit. Appellee's motion for reconsideration is denied.

CR98-1295. Michael Ryan Webb v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record is denied.

CR98-1358. Shane Pack v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion and amended motion to file belated appeal is denied. Motion for rule on the clerk denied. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]

98-299. Andrew Sturgis and Vanessia Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division. Appellee's motion for brief costs is granted. Allowed $63.00.

98-626. The Estate of Dennis R. Donley et al. v. Pace Industries, Inc. et al., from Carroll Circuit, Eastern District. Motion to reinstate appeal is granted.

98-990. St. Paul Fire & Marine Insurance Co. v. Griffin Construction Co., Inc., from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is denied.

98-990. St. Paul Fire & Marine Insurance Co. v. Griffin Construction Co., Inc., from Sebastian Circuit, Fort Smith District. Appellee's motion for extension of time to file brief is granted.

98-1369. In Re: Rules Governing Professional Conduct, an Original Action. Petition of Pulaski County Bar Association to revise the Arkansas Rules of Professional Conduct. Referred to Committee on Professional Conduct.

98-1397. In the Matter of the Estate of Anna Ruth Warfield, Deceased v. Max H. Hart et al., from Chicot Probate. Motion of appellee Jo Ann Coleman to dismiss appeal is granted.

CACR98-613. Jon David Browning v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal or in the alternative, for extension of time to file brief is denied.

CR98-577. Terrick Nooner v. State of Arkansas, from Pulaski Circuit. Pro se motions for rule on clerk and for reconsideration of motion for new trial and pro se petitions for writ of mandamus and injunction, for writ of prohibition, and for extraordinary writ. Motions and petitions denied. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-795. Tommy L. Gibbs v. Larry Norris, Director, Arkansas Department of Correction, from Pulaski Circuit. Pro se motion to file amended appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR98-1084. Ronald G. Thomas v. State of Arkansas, from Washington Circuit. Pro se motion for evidentiary hearing. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

98-1012. Elizabeth G. Brown v. Larry Norris, Director, Arkansas Department of Correction, from Jackson Circuit. Pro se motions for duplication of appellant's brief at public expense and to be provided with a sample brief from a civil case. Moot. See per curiam this date. (2 PAGES UNPUBLISHED)

98-1119. Mary "Lee" Orsini v. Larry Norris, Director et al., from Jefferson Circuit. Pro se motion for extension of time to file appellant's brief is granted. See per curiam this date. (2 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

PETITIONS FOR REHEARING:

97-1116. K.M., Father of J.M., a Minor v. State of Arkansas, from Craighead Chancery, Western District.

97-1391. Beatrice Dolphin v. Jimmie L. Wilson and Henrietta J. Wilson, from Phillips Chancery.

98-417. Southeast Foods, Inc. d/b/a County Market v. Lucy Keener, from Miller Circuit.

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PETITIONS FOR REVIEW:

CR98-1368. Ceotis Franks v. State of Arkansas, from Pulaski Circuit, Fourth Division.

98-1290. Minnesota Mining & Manufacturing and Old Republic Insurance Company v. Theodore Baker, from Workers' Compensation Commission.

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CR98-657. Bruce Earl Ward v. State of Arkansas, from Pulaski Circuit, Seventh Division, and 98-952. Cecil Poyner v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Third Division. Court Reporter Lene' Collins-Sontag is ordered to appear and show cause today at 9:00 a.m.

CR98-1259. Gary Keith Vaughan v. State of Arkansas, from Logan Circuit, Southern District. Motion of Ernie Witt to be substituted as attorney for appellant.

CR98-1259. Gary Keith Vaughan v. State of Arkansas, from Logan Circuit, Southern District. Motion for extension of time to file appellant's brief.

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

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion for extension of time to file brief.

98-898. Sunrise Enterprises, Inc. et al. v. Mid-South Road Builders, Inc. and M. Gregory Jackson, from Woodruff Circuit. Appellees' motion to advance and affirm.

98-1121. Ronald D. Matthews v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal.

98-1217. John Holloway v. Ray White Lumber Company and Silvey Companies, from Workers' Compensation Commission. Appellant's motion to file supplemental brief.

98-1315. Kara Kathleen Huffman et al. v. John Nicholas Fisher, from Cross Chancery. Appellants' motion to file supplemental brief.

98-1416. Michael J. Pocrass and Susan Pocrass v. Hon. Baird Kinney, Judge et al., from Phillips Chancery. Petition for writ of certiorari to complete the record.

98-1422. Supreme Court Committee on Professional Conduct v. Richard Neil Belcher, an Original Action. Petition for reciprocal disbarment.

SUBMISSIONS

98-87. Rick Smith v. City of Arkadelphia, from Clark Chancery. Argued orally.

CR98-509. Dheaslee Wright v. State of Arkansas, from Mississippi Circuit, Chickasawba District.

98-312. Edith M. Huffman et ux. v. Robert E. Alderson, from Washington Circuit.

98-848. Joshua M. Heagerty v. State of Arkansas, from Lonoke Circuit.

98-915. Thomas L. Craft v. City of Fort Smith, from Sebastian Chancery, Fort Smith District.