Craft v. City of Fort Smith (Imber, J.) 98-915
Zoning & planning -- Challenge to ordinance that regulates business activity; trial court's ruling affirmed; rational basis existed for applying regulations to new portions of avenue and not to other city streets. [HTML, WP5.1]

Elliott v. State (Glaze, J.) CR98-373
Search & seizure -- Wife not state actor; her interception of appellant's calls not excludable under law. [HTML, WP5.1]

Huffman v. Alderson (Glaze, J.) 98-312
Appeal & error -- Appellants foreclosed from relitigating same issue; doctrines of res judicata and collateral estoppel prohibited setting aside default judgment. [HTML, WP5.1]

McArty v. State (Per Curiam) CR93-1071
Criminal procedure -- Petition to reinvest jurisdiction in trial court to consider petition for writ of error coram nobis denied; no assertion of fundamental error; ineffective- assistance claim not in itself ground to grant. [HTML, WP5.1]

Propst v. State (Per Curiam) CR96-633
Constitutional law -- Erroneous advice on parol eligibility does not automatically render guilty plea involuntary; when such advise is basis for finding of ineffective assistance of counsel; circuit court's denial of relief not clearly erroneous. [HTML, WP5.1]

Willett v. State (Thornton, J.) CR97-341
Criminal law -- Aggravating circumstances; substantial evidence existed from which intent to inflict mental anguish upon appellant's son could have been inferred; substantial evidence supported jury's finding that appellant's brother's death resulted from especially cruel or depraved manner; imposition of death sentence affirmed. [HTML, WP5.1]

Williams v. State (Per Curiam) CR98-256
Appeal & error -- Petition for writ of error coram nobis; granted. [HTML, WP5.1]

Wright v. State (Corbin, J.) CR98-509
Criminal procedure -- Voluntariness of statement; appellant's confession was voluntarily given; officers scrupulously honored appellant's initial request to remain silent. [HTML, WP5.1]

In Re: Rules of Criminal Procedure - Rules 28, 29, and 30 - Speedy Trial (Per Curiam) [HTML, WP5.1]

In the Matter of the Retirement of Justice David Newbern (Per Curiam) [HTML, WP5.1]

Berna v. Case No. 89-214, 98-1202 (Per Curiam), Pro Se Motion for Rule on Clerk; denied December 17, 1998.

Elliott v. Keith, CR 98-1311 (Per Curiam), Pro Se Motion for Rule on Clerk Dismissed December 17, 1998.

Forrest v. State, CR 97-1311 (Per Curiam), affirmed December 17, 1998.

Orsini v. Beck, 98-1013 (Per Curiam), Pro Se Motions for Continuance, for Duplication of Brief at Public Expense, to Prevent Appellee from Relying on Certain Citations of Legal Authority, to Supplement Motion, and to Strike Appellee's Response; Motion for duplication of brief at public expense moot; motions for continuance, to prevent appellees from relying on certain citations of legal authority, to supplement motion, and to strike appellees' response denied December 17, 1998.

TOM GLAZE, JUSTICE:

CR98-373. Nathan Elliott v. State of Arkansas, from Van Buren Circuit. Reversed and Remanded. (8 PAGES PUBLISHED) [HTML, WP5.1]

98-312. Edith M. Huffman and David Huffman, Husband and Wife v. Robert E. Alderson, from Washington Circuit. Affirmed. Newbern, Brown, and Imber, JJ., concur. (6 PAGES + 2 PAGES CONCUR PUBLISHED) [HTML, WP5.1]

DONALD L. CORBIN, JUSTICE:

CR98-509. Dheaslee Wright v. State of Arkansas, from Mississippi Circuit, Chickasawba District. Affirmed. (15 PAGES PUBLISHED) [HTML, WP5.1]

ANNABELLE CLINTON IMBER, JUSTICE:

98-915. Thomas L. Craft v. City of Fort Smith, from Sebastian Chancery. Affirmed. (10 PAGES PUBLISHED) [HTML, WP5.1]

RAY THORNTON, JUSTICE:

CR97-341. Alan Willett v. State of Arkansas, from Johnson Circuit. Affirmed. Imber, J., concurs. Newbern, J., dissents. (10 PAGES + 1 PAGE CONCUR + 10 PAGES DISSENT PUBLISHED) [HTML, WP5.1]

PER CURIAM OPINIONS:

CR96-633. Johnny Mark Propst v. State of Arkansas, from Sebastian Circuit. Affirmed. (6 PAGES PUBLISHED) [HTML, WP5.1]

CR97-1311. Mikey Dale Forrest v. State of Arkansas, from Bradley Circuit. Affirmed. (2 PAGES UNPUBLISHED)

REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.

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.

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

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

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

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

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

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

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

CR98-256. Antonio Williams, Kendrick Gillum, and Demarco Wilson v. State of Arkansas, from Crittenden Circuit. Petitions for permission to file petition for a writ of error coram nobis and to reinvest circuit court with jurisdiction to hear petitions. Petitions granted; Remanded. See per curiam this date. (4 PAGES PUBLISHED) [HTML, WP5.1]

CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Petition for writ of certiorari granted. Petition for stay of execution granted. See per curiam issued December 11, 1998. (7 PAGES PUBLISHED) [HTML, WP5.1]

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion for extension of time to supplement the record. Granted 30 days. Final extension.

98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellee's motion for extension of time to file brief. Granted 45 days.

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 is denied.

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

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

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

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. Moot.

98-1416. Michael J. Pocrass and Susan Pocrass v. Hon. Baird Kinney, Judge et al., from Phillips Chancery. Petitioners' motion to voluntarily dismiss petition for writ of certiorari is granted.

CR93-1071. Randall Thomas McArty v. State of Arkansas, from Clark Circuit. Pro se petition for leave to proceed in circuit court with petition for writ of error coram nobis. Petition denied. See per curiam this date. Arnold, C.J., not participating. (2 PAGES PUBLISHED) [HTML, WP5.1]

CR98-1311. William Elliott v. Hon. Tom Keith, Judge, from Benton Circuit. Pro se motion for rule on clerk dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

98-1013. Mary "Lee" Orsini v. Bruce Beck, Sr., Warden et al., from Jackson Circuit. Pro se motions for continuance, for duplication of brief at public expense, to prevent appellee from relying on certain citations of legal authority, to supplement motion, and to strike appellee's response. Motion for duplication of brief at public expense moot; motions for continuance, to prevent appellees from relying on certain citations of legal authority, to supplement motion, and to strike appellees' response denied. See per curiam this date. (3 PAGES UNPUBLISHED)

98-1202. Rickie Earn Berna v. Case No. 89-214, et, and, all (sic). Pro se motion for rule on clerk. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)

In Re: Rules of Criminal Procedure - Rules 28, 29, and 30 - Speedy Trial. See per curiam this date. (11 PAGES PUBLISHED) [HTML, WP5.1]

In the Matter of the Retirement of Justice David Newbern. Granted Best Wishes. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]

Upon his retirement from the Supreme Court of Arkansas after fourteen years of service as associate justice, the court recognizes and expresses appreciation to Justice David Newbern for his broad learning, his gentlemanly collegiality, and his humane wit.

Justice Newbern has loved the law, as he has the music that is so integral a part of his being, as an instrument of civilization, a means of bringing harmony to the human experience. During his tenure, Justice Newbern has exemplified the qualities best summarized by Shakespeare: "He was a scholar, and a ripe and good one;/Exceeding wise, fair-spoken, and persuading...."

Despite the quotation, the past tense is hardly appropriate for one with Justice Newbern's manifold interests, energies, and gifts. The court extends to him best wishes for an active and fulfilling future.

PETITION FOR REHEARING:

97-1228. Tim D. Williams v. Kelly Lasley Martin and James R. Gill III, from Faulkner Circuit.

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

PETITIONS FOR REVIEW:

CR98-1367. Derrick L. Allen v. State of Arkansas, from Pulaski Circuit, Sixth Division.

98-1364. Wal-Mart Stores, Inc. v. Brenda Vanwagner, from Workers' Compensation Commission.

98-1398. Burlington Industries and Liberty Mutual Insurance Company v. Alice Pickett, from Workers' Compensation Commission.

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

CR97-1310. State of Arkansas v. Hezile Earl, Jr., Prairie Circuit, Southern District. Appellee's motion to recall mandate.

CR98-551. James Monroe Bohanan II v. State of Arkansas, from Saline Circuit. Appellee's motion to supplement the record.

CR98-563. Kingrale Collins v. State of Arkansas, from Cross Circuit. Appellant's motion for extension of time to file brief.

CR98-1358. Shane Pack v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Deborah Sallings to be relieved as counsel for appellant.

CR98-1358. Shane Pack v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion of Clarence Cash for substitution of counsel.

CR98-1438. Darrell Lamar Haire v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on the clerk.

CR98-1442. James Kirby v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion to file belated appeal.

CR98-1447. Drew Malone Raines III v. State of Arkansas, from Pulaski Circuit, Sixth Division. Motion for rule on the clerk.

98-969. Brian Patterson v. Steve Isom, from Pope Chancery. Appellee's motion to supplement the record and for extension of time to file brief.

98-1397. Max H. Hart et al. v. Jo Ann Coleman, from Chicot Probate. Appellant's motion for reconsideration and to reinstate appeal.

98-1444. J. A. Wampler et al. v. Carolyn Wampler Richardson et al., from Woodruff Chancery. Appellants' petition for writ of certiorari to complete the record.

98-1454. Real Estate Central, Inc. et al. v. Russell Lendermon, from Lonoke Circuit. Motion for belated appeal.

98-1457. George L. Seay and James Irby Seay, Jr. v. Wildlife Farms, Inc., an Arkansas Corporation, from Arkansas Chancery, Northern District. Appellee's motion to dismiss appeal.

98-1469. Carol Goforth et al. v. Michael Smith et al., from Washington Chancery. Appellees' motion to dismiss appeal.

98-1472. Denise L. Hunton v. Earl J. Hunton, from Phillips Chancery. Appellant's motion to dismiss appeal.

CR98-309. Brodrick R. Jones v. State of Arkansas, from Pulaski Circuit, Sixth Division. Argued orally.

98-16. Pat Glover et al. v. Dean Overstreet et al., from Pulaski Chancery, First Division. Argued orally.

98-692. Ronnie Furman v. Second Injury Fund, from Workers' Compensation Commission.

98-918. C. Thomas Pearson, Jr. v. Mary Ann Henrickson, from Washington Circuit.

98-984. Herbert Brown v. Arkansas State HVACR Licensing Board, from Sebastian Circuit, Greenwood District.

98-1004. Cooper Communities, Inc. et al. v. Hon. Tom J. Keith, Judge, from Benton Circuit.