Bryant v. State (Per Curiam) [ASCII, WP5.1]
Appeal & error -- A.R.Cr.P. 37; conclusory allegations unsupported by facts do not
provide basis for hearing or postconviction relief; allegations in twenty-three page
document not considered.
Cherepski v. Walker (Jesson, C.J.) [ASCII, WP5.1]
Torts -- Liability for the acts of another; appellant's claim for breach of fiduciary duty
really a claim for the nonexistent right of alienation of affection; clergy malpractice
not a recognized cause of action; summary judgment proper; claim of outrage in reality a
veiled attempt to bring an action for alienation of affection; trial court ruled
correctly.
Croom v. Younts (Brown, J.) [ASCII, WP5.1]
Torts -- Outrage; clear-cut proof required to establish; test for substantial evidence of
appellant's willful, wanton, extreme and outrageous conduct met.
Donihoo v. State (Per Curiam) [HTML, WP5.1]
Appeal & error -- attorney's duty to file record on time; rule on the clerk.
Douglass v. Nationwide Mut. Ins. Co. (Brown, J.) [ASCII, WP5.1]
Insurance -- Rescission on grounds of fraud or deceit; right of insurer to rescind
coverage is available where third-party claims are at issue; cancellation statutes;
sixty-day period for rescission not applied to cases of fraud.
Driggers v. Locke (Newbern, J.) [ASCII, WP5.1]
Judgment -- Finality of judgment where there has been a nonsuit without prejudice against
one of multiple parties arising out of a single incident; similar cases have not been
dismissed; common law rule adhered to; court declined to place the burden of public safety
on those whose properties abut streets and highways.
Galvin v. State (Roaf, J.) [ASCII, WP5.1]
Witnesses -- Determination of credibility left to the trier of fact; uncorroborated
testimony of one State's witness is sufficient to sustain a conviction.
Mitchell v. State (Brown, J.) [ASCII, WP5.1]
Jury -- Selection process; appellant did not meet test of prima facie showing of racial
discrimination; Batson challenge; appellant did not make prima facie case; presence of
minority members on jury not determinative but significant; state's explanation for
challenge was racially neutral.
Mulling v. Mulling (Glaze J.) [ASCII, WP5.1]
Divorce -- Alimony; chancellor did not abuse discretion in reserving award of alimony;
where spouse unable to pay at time decree is entered, court may decline to award specific
amount until such time as changed circumstances permit paying if alimony; conflicting case
law overruled.
Pike v. State (Jesson, C.J.) [ASCII, WP5.1]
Evidence -- Jury chose to believe eyewitness; sufficient evidence found that appellant
committed murder.
Simpson v. State (Per Curiam) [ASCII, WP5.1]
Appeal & error -- Motion for rule on clerk; good cause for granting.
State v. Webb (Newbern, J.) [ASCII, WP5.1]
Courts -- Limitations as to cases tried in circuit versus municipal courts; municipal
courts may assert limited subject-matter jurisdiction throughout the county in which it
sits; no constitutional basis for finding that municipal court lacked jurisdiction of
misdemeanors that occurred outside city limits.
OPINIONS NOT DESIGNATED FOR PUBLICATION
Davis v. State, CR 95-907 (Per Curiam), Pro Se Motion for Access to Record granted January 15, 1996.
Hall v. State, CR 95-166 (Per Curiam), Pro Se Motion to Substitute Brief and for Appointment of Counsel granted in part and denied in part; Pro Se Motion for Court Order Authorizing the Arkansas State Crime Laboratory to Release Report denied January 15, 1996.
Mosley v. State, CR 95-872 (Per Curiam), Pro Se Motion to Relieve Counsel, to Proceed Pro Se on Appeal and for Photocopies denied January 15, 1996.
Scott v. State, CR 90-6 (Per Curiam), Pro Se Motion to File an Enlarged and/or Subsequent Petition Pursuant to Criminal Procedure Rule 37 denied January 15, 1996.