Chlanda v. Killebrew (Glaze, J.) 96-862
Conversion -- Conversion claim not resolved;
summary judgment inappropriate; case reversed and remanded.
[ASCII,
WP5.1]
Douthitt v. State (Glaze, J.) CR96-622
Evidence -- Failure to sever counts not error; same
evidence was admissible in each count of sexual abuse; consent not
an issue in incest cases; directed verdict motion properly denied.
[ASCII,
WP5.1]
Granquist v. Randolph (Corbin, J.) 96-854
Divorce -- Appellant attempting to enforce contract
for support in circuit court; support of minor child exclusively
chancery matter; order setting aside circuit court's default
judgment affirmed.
[ASCII,
WP5.1]
Greene v. State (Per Curiam) CR96-362
Appeal & error -- Death-sentence case remanded for
determination of knowing and intelligent waiver of appeal.
[ASCII,
WP5.1]
Hall v. State (Per Curiam) CR95-166
Appeal & error -- Petition for rehearing denied.
[ASCII,
WP5.1]
International Resource Ventures, Inc. v. Diamond Mining Co.
(Dudley, J.) 96-674
Attorney & client -- Model Rule of Professional Conduct 3.7
applies to lawyer's giving evidence by affidavit; appellee would be
prejudiced if appellant's attorney were not disqualified; appellant
would not be substantially disadvantages by disqualification.
[ASCII,
WP5.1]
Jennings v. State (Per Curiam) CR96-1396
Appeal & error -- motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Like v. Pierce (Glaze, J.) 96-835
Judgment -- No genuine issue of material fact
shown; summary judgment for appellee affirmed.
[ASCII,
WP5.1]
McNeese v. State (Newbern, J.) CR96-924
Discovery -- Alleged discovery violation did not
result in unfair prejudice to appellant; testimony was cumulative.
[ASCII,
WP5.1]
Profit v. State (Per Curiam) CR96-740
Appeal & error -- Motion for belated appeal; good
cause for granting.
[ASCII,
WP5.1]
Salley v. Central Arkansas Transit Authority (Glaze, J.)
96-630
Insurance -- General assembly required common
carriers to obtain liability insurance; public transit systems come
within Arkansas's definition of common carrier.
[ASCII,
WP5.1]
Smallwood v. State (Roaf, J.) CR96-575
Evidence -- Objections to questions about prior
acts of misconduct; failure to timely object waived issues on
appeal; appellant's own words opened door to questions about his
propensity to violence; trial court properly allowed questions
about other violent acts.
[ASCII,
WP5.1]
South v. Smith (Dudley, J.) 96-504
Joint tenancy -- Appellant's ownership in proceeds
from joint accounts continued; joint tenant's ownership terminated
at death; appellant's withdrawal of funds did not terminate her
survivorship right in property.
[ASCII,
WP5.1]
Unigard Security Ins. Co. v. Murphy Oil USA, Inc. (Per Curiam) 96-843
Motions -- Motions to stay appeal and briefing
schedule granted; cross-motion to consolidate appeals denied;
motion to file joint abstract granted.
[ASCII,
WP5.1]
In Re: Rules of the Supreme Court and Court of Appeals (Per Curiam) [ASCII, WP5.1]
In the Matter of the Retirement of Dudley (Per Curiam) [ASCII, WP5.1]
In the Matter of the Supreme Court Committee on Professional Conduct (Per Curiam) [ASCII, WP5.1]
Cooper v. State, CR 96-880 (Per Curiam), Pro Se Motion for Record and for Extension of Time to File Brief granted December 9, 1996.
Daffron v. State, CR 96-14 (Per Curiam) Petition for Rehearing denied December 9, 1996.
Davasher v. State, CR 91-5 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript at Public Expense denied December 9, 1996.
Harris v. State, CR 96-613 (Per Curiam), Pro Se Motion to File a Belated Brief denied and appeal dismissed December 9, 1996.
Hughes v. State, CR 90-20 (Per Curiam), Pro Se Petition to Proceed in Circuit Court Pursuant to Criminal Procedure Rule 37 denied December 9, 1996.
Thomas v. State, CR 96-528 (Per Curiam), Pro Se Motion for Record and Pro Se Motion for Extension of Time to File Brief granted December 9, 1996.
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR95-166. Rammie Earl Hall v. State of Arkansas, from Randolph Circuit. See per curiam this date. (1 PAGES PUBLISHED) [ASCII, WP5.1]
CR95-427. Stacey Johnson v. State of Arkansas, from Sevier Circuit. (appellant)
CR95-427. Stacey Johnson v. State of Arkansas, from Sevier Circuit. (appellee)
CR96-14. Ricky Hale Daffron v. State of Arkansas, from Pulaski Circuit. See per curiam this date. (2 PAGES UNPUBLISHED)
95-1220. Terry McGraw v. Dalton Weeks, Jr. et al., from St. Francis Circuit.
96-215. State of Arkansas, Department of Finance and Administration v. Debora K. Staton, from Pulaski Chancery, Third Division. Brown, J., would grant.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
96-1307. Steven Keith Wilson v. Sandra Lee Wilson, from Lonoke Chancery.
96-1322. Johnny Stuart v. Arkansas Water Well Construction Commission, from Lawrence Chancery.
96-1376. Lillie H. Pledger v. Director et al., from Board of Review.
CR89-79. Kirt Wainwright v. State of Arkansas, from Nevada Circuit. Motion for appointment of counsel is denied.
CR95-427. Stacey Johnson v. State of Arkansas, from Sevier Circuit. Petition and amended petition for stay of mandate denied. Dudley and Brown, JJ., would grant.
CR96-183. Patrick L. Sherman v. State of Arkansas, from Clark Circuit. Motion of Benny M. Tucker to be relieved as attorney for appellant is granted. Glaze, J., would appoint counsel.
CR96-259. Thomas James Lovelady v. State of Arkansas, from Baxter Circuit. Appellant's motion to recall mandate is denied.
CR96-278. Craig Burkhalter v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to remand is denied. CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellant's motion to dismiss direct appeal. Remanded. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR96-711. David Anthony Webb v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion for extension of brief time. Granted 30 day extension.
CR96-711. David Anthony Webb v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to substitute counsel is granted.
CR96-740. Darrell Profit v. State of Arkansas, from Pulaski Circuit, Second Division. Motion for rule on clerk. Treated as motion for belated appeal; granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
CR96-834, 848 and 850. State of Arkansas v. Kathlene Williams, from Washington Circuit. Motion of Jay T. Finch to withdraw as attorney of record is granted.
CR96-1200. State of Arkansas v. Lee Goston, from Pulaski Circuit, Seventh Division. Appellant's motion to file supplemental brief is granted.
CR96-1272. Everett Foreman v. State of Arkansas, from Pulaski Circuit, Fifth Division. Appellant's motion to supplement record is granted.
CR96-1396. Don Jennings v. State of Arkansas, from Marion Circuit. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
96-116. Curtis Lee Franklin, Jr. v. Healthsource of Arkansas, from Jefferson Circuit. Appellant's motion to advance oral argument is denied. Glaze, J., would grant.
96-215. State of Arkansas, Department of Finance and Administration v. Debra K. Staton, from Pulaski Chancery, Third Division. Motion of the Arkansas Trial Lawyers Association for permission to file amicus curiae brief in support of petition for rehearing is granted.
96-215. State of Arkansas, Department of Finance and Administration v. Debora Staton, from Pulaski Chancery, Third Division. Appellee's motion to strike is denied.
96-764. International Resource Ventures, Inc. v. Diamond Mining Company of America, Inc., from Clark Circuit. Appellant's motion to dismiss appeal is denied.
96-843. Unigard Security Insurance Company and Employers Surplus Lines Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Motion of Employers Surplus Lines Insurance Company to file joint abstract is granted. See per curiam this date. Jesson, C.J., and Glaze and Corbin, JJ., not participating. (3 PAGES PUBLISHED) [ASCII, WP5.1]
96-843. Unigard Security Insurance Company and Employers Surplus Lines Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Motion of Murphy Oil USA, Inc. for clarification regarding briefing schedule and record on appeal is granted. See per curiam this date. Jesson, C.J., and Glaze and Corbin, JJ., not participating.
96-1060. Employers Surplus Lines Insurance Company and Unigard Security Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Appellants' motion to stay appeal is granted. See per curiam this date. Jesson, C.J., and Glaze and Corbin, JJ., not participating.
96-1060. Employers Surplus Lines Insurance Company and Unigard Security Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Cross-motion of Murphy Oil USA, Inc. to consolidate is denied. See per curiam this date. Jesson, C.J., and Glaze and Corbin, JJ., not participating.
96-1060. Employers Surplus Lines Insurance Company and Unigard Security Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Motion of Employers' Surplus Lines Insurance Company to file a joint abstract is granted. See per curiam this date. Jesson, C.J., and Glaze and Corbin, JJ., not participating.
96-1060. Employers' Surplus Line Insurance Company and Unigard Security Insurance Company v. Murphy Oil USA, Inc., from Union Circuit. Joint motion to stay briefing schedule pending resolution of motions is granted. See per curiam this date. Jesson, C.J., and Glaze and Corbin, JJ., not participating.
96-851. Ottie Hooker et al. v. Producers Tractor Company et al., from St. Francis Chancery. Pro se petition for en banc hearing is denied. Newbern, J., not participating.
96-1037. Paul Schlaf and Scott Harford v. Frank Gilbert and Sharon Priest, Secretary of State, an Original Action. Petition for reconsideration is denied.
96-1386. L. Lorraine Hart, Executrix of the Estate of Charles E. Hart, Deceased v. Fewell & Associates Insurance Company, Inc. et al., from Benton Circuit. Motion for rule on clerk to lodge transcript is denied.
96-1388. Elouise L. Hayes-Hawkins v. Grady E. Maxwell, from Pulaski Circuit, Third Division. Motion for rule on clerk to lodge transcript is denied. Roaf, J., not participating.
96-1392. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Motion for stay pending appeal is granted. Jesson, C.J., not participating.
CR90-20. Benny Hughes v. State of Arkansas, from Sevier Circuit. Pro se petition to proceed in circuit court pursuant to Criminal Procedure Rule 37. Petition denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR91-5. Marc Davasher v. State of Arkansas, from Garland Circuit. Pro se motion for photocopy of trial transcript at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR96-528. Bobby G. Thomas v. State of Arkansas, from Miller Circuit. Pro se motion for record and pro se motion for extension of time to file brief. Motions granted. See per curiam this date. (2 PAGES UNPUBLISHED)
CR96-613. Harvey Harris v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se motion to file a belated brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)
CR96-880. James Cooper, Jr. v. State of Arkansas, from Crittenden Circuit. Pro se motion for record and for extension of time to file brief. Motion granted. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Rules of the Supreme Court and Court of Appeals. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
In the Matter of the Supreme Court Committee on Professional Conduct. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
On December 18, 1989, Richard A. Reid, Esq., of Blytheville was appointed to the Supreme Court Committee on Professional Conduct for a term of seven years, but the per curiam order making this appointment erroneously stated that Mr. Reid's term would expire on December 31, 1997 rather than 1996. Mr. Reid has accepted reappointment to the Committee for a second term of seven years to expire on December 31, 2003. The Court expresses its gratitude to Mr. Reid for accepting reappointment to this important Committee.The Court notes that a similar error concerning the expiration date occurred with respect to the December 21, 1990 order appointing Kenneth Reeves, Esq., of Harrison to the Committee. Mr. Reeves's term properly expires on December 31, 1997, not 1998, as stated in our earlier per curiam.
PETITION FOR REHEARING:
96-486. ABC Home Health of Arkansas, Inc. v. Health Services Commission, from Pulaski Circuit, First Division.
PETITIONS FOR REVIEW:
CR96-1375. David B. Brown v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
96-1403. Arkansas State Highway Commission v. Charles K. Post et al., from Union Circuit.
96-1439. Planters Bank & Trust Company and MAP Farms, Inc. v. Thomas C. Smith, Jr. and Margerie Smith a/k/a Margie Smith, from St. Francis Chancery.
CR96-502. Terrell Demond Baker v. State of Arkansas, from Pulaski Circuit, Fourth Division. Second motion for extension of time to file belated brief.
CR96-541. Jack Jones, Jr. v. State of Arkansas, from White Circuit. Motion of Craig Lambert for appointment as co-counsel.
CR96-541. Jack Jones, Jr. v. State of Arkansas, from White Circuit. Motion of Craig Lambert for extension of time to file brief.
CR96-1442. Sherman Noble v. State of Arkansas, from Jefferson Circuit. Motion for belated appeal and/or motion for rule on clerk.
96-862 & 1382. Shirley Chlanda v. Lewie Killebrew, from Boone Circuit. Appellant's motion to consolidate appeals.
96-948. Board of Trustees v. Mark Stodola et al., from Pulaski Circuit, Third Division. Second motion for extension of time to file belated brief.
96-1096. Union Pacific Railroad Company and T. P. Spoon v. Jonathan Sharp and Aristea Sharp, from Lee Circuit. Appellees' motion to file enlarged brief.
96-1198. Curtis F. Vanderpool v. Fidelity & Casualty Insurance Company, from Pulaski Circuit, Sixth Division. Appellee's motion to strike brief, to dismiss appeal, to stay briefing schedule, and for sanctions.
96-1410. Farmers and Merchants Insurance Company v. Hon. Don Langston, Circuit Judge and Brenda Sharp, from Sebastian Circuit, Greenwood District. Petition for writ of prohibition.
96-1425. Seeco, Inc. et al. v. Hon. Don Langston, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition.
CR96-62. Kacy Higgins v. State of Arkansas, from Jefferson Circuit. Argued orally.
95-1134. Rickey Parker v. Southern Farm Bureau Casualty Insurance Company, from Ashley Circuit. Argued orally.
CR96-494. Larry Landrum v. State of Arkansas, from Crawford Circuit.
CR96-735. Jimmy Heritage v. State of Arkansas, from Independence Circuit.
CR96-920. Debra Bayless v. State of Arkansas, from Arkansas Circuit, Northern District.
CR96-941. Michael Ryan Webb v. State of Arkansas, from Pulaski Circuit, First Division.
CR96-1001. Sharilyn Patterson v. State of Arkansas, from Pulaski Circuit, Second Division.
96-324. Joe Smothers v. James Clouette, from Lincoln Circuit.
96-960. Terry Carroll v. State of Arkansas, from Pulaski Circuit, Fourth Division.