Jones v. Jones (Per Curiam) 95-1150
Appeal & error -- Petition for extraordinary relief
and expedited proceedings granted.
[ASCII,
WP5.1]
Avery v. Ward (Jesson, C.J.) 95-880
Evidence -- Insufficient proof that hernia
operation was normal consequence of original impairment; hospital
bill including unrelated expenses erroneously admitted; case
reversed and remanded for new trial.
[ASCII,
WP5.1]
Bayless v. State (Newbern, J.) CR96-920
Evidence -- Ark. R. Evid. 615 imposes no per se bar
on attorney's ability to properly prepare witnesses; prosecutor's
communication with witness was proper witness preparation and
nothing more.
[ASCII,
WP5.1]
Carroll v. State (Brown, J.) 96-960
Juveniles -- Juvenile accomplice to violent crime
subject to being charged as an adult; trial court's denial of
transfer to juvenile court affirmed.
[ASCII,
WP5.1]
Chalmers v. Toyota Motor Sales, USA, Inc.(Roaf, J.) CR96-735
Limitation of actions -- Three-year limitation
applies to negligent acts; fraudulent concealment action may be
suited to summary judgment; appellant knew or should have known of
alleged fraud at least six years prior to filing complaint; statute
of limitations had run.
[ASCII,
WP5.1]
Heritage v. State (Jesson, C.J.) CR96-735
Evidence -- Ample evidence of appellant's intent to
deliver; circumstantial evidence supported jury's verdict.
[ASCII,
WP5.1]
Kemp v. State (Per Curiam) CR95-549
Appeal & error -- Portion of mandate affirming
conviction and death sentence recalled and stayed.
[ASCII,
WP5.1]
Leathers v. Jacuzzi, Inc. (Dudley, J.) 96-136
Taxation -- Appellant's refusal to allow four
combined returns was not because the corporations had in effect
filed consolidated returns; chancellor erred in so finding;
Commissioner has discretionary power to required or permit
apportionment on a combined basis of the income of a taxpayer that
is part of a unitary business; appellee failed to petition
appellant for permission to use combined method; trial court
exceeded its authority; case reversed and remanded.
[ASCII,
WP5.1]
Noble v. State (Per Curiam) CR96-1442
Appeal & error -- Motion for belated appeal; good
cause for granting.
[ASCII,
WP5.1]
Reyes v. State (Per Curiam) CR96-1385
Appeal & error -- Motion for rule on clerk; counsel
must concede fault.
[ASCII,
WP5.1]
Rush v. Fieldcrest Cannon, Inc. (Jesson, C.J.) 96-127
Attorney & client -- Appellant's attorney
demonstrated good cause for relieved as counsel; appellant not
prejudiced by attorney's withdrawal.
[ASCII,
WP5.1]
Skiver v. State (Per Curiam) CR96-527
Appeal & error -- Rebriefing ordered.
[ASCII,
WP5.1]
State v. Pulaski County Circuit Court (Brown, J.) 96-1286
Prohibition -- Essential prerequisite lacking
because circuit court did not wholly lack subject-matter
jurisdiction.
[ASCII,
WP5.1]
Webb v. State (Glaze, J.) CR96-941
Jury -- Jury instructions; appellant not entitled
to mere presence instruction; accomplice liability clearly
applicable.
[ASCII,
WP5.1]
In Re: Arkansas Rules for Minimum Continuing Legal Education (Per
Curiam)
[ASCII,
WP5.1]
In Re: Arkansas State Board of Law Examiners (Per Curiam) [ASCII, WP5.1]
In Re: Compensatory Overtime for Official Court Reporters (Per
Curiam)
[ASCII,
WP5.1]
Brown v. State, CR 96-876 (Per Curiam), Pro Se Motion for Record and Pro Se Motion for Extension of Time to File Brief granted December 16, 1996.
Brown v. State, CR 96-495 (Per Curiam), affirmed December 16, 1996.
Clay v. State, CR 96-877 (Per Curiam), Pro Se Motion for Record and for Extension of Time to File Brief granted December 16, 1996.
Danzie v. State, CR 95-1309 (Per Curiam), Motion for Attorney's Fee remanded December 16, 1996.
Garrett v. Davis, 96-138 (Per Curiam), Pro Se Petition for Writ of Mandamus moot December 16, 1996.
Gordon v. State, CR 96-878 (Per Curiam), Pro Se Motion for Record and for Extension of Time to File Brief granted December 16, 1996.
Moten v. State, CR 96-879 (Per Curiam), Pro Se Motion for Record and for Extension of Time to File Brief granted December 16, 1996.
Taylor v. State, CR 96-273 (Per Curiam), affirmed December 16, 1996.
REHEARING DENIED: Petition for rehearing was denied today in the following case.
96-486. ABC Home Health of Arkansas, Inc. v. Health Services Commission, from Pulaski Circuit, First Division.
REVIEW GRANTED: Petition for review was granted today in the following case.
96-1403. Arkansas State Highway Commission v. Charles K. Post et al., from Union Circuit.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR96-1375. David B. Brown v. State of Arkansas, from Mississippi Circuit, Chickasawba District.
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.
CR95-549. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to clarify stay of mandate. Motion granted; stay granted. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR96-541. Jack Jones, Jr. v. State of Arkansas, from White Circuit. Motion of Craig Lambert for appointment as co-counsel is denied.
CR96-541. Jack Jones, Jr. v. State of Arkansas, from White Circuit. Motion of Craig Lambert for extension of time to file brief. Moot. CR96-1385. Rogelio and Basilio Reyes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion for rule on clerk to lodge transcript is denied. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR96-1442. Sherman Noble v. State of Arkansas, from Jefferson Circuit. Motion for belated appeal and/or motion for rule on clerk. Motion for belated appeal granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
95-1150. Christine M. Jones v. Jerry A. Jones, from Faulkner Chancery. Appellant's petition for extraordinary relief and expedited consideration. Relief granted. See per curiam of December 13, 1996. (1 PAGE PUBLISHED) [ASCII, WP5.1]
96-136. Timothy J. Leathers, Commissioner, Arkansas Department of Finance and Administration v. Jacuzzi, Inc., from Pulaski Chancery, Second Division. Appellant's motion to withdraw jurisdiction issue is granted.
96-862 & 1382. Shirley Chlanda v. Lewie Killebrew, from Boone Circuit. Appellant's motion to consolidate appeals. Moot.
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 is denied. Jesson, C.J., not participating.
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. Appellant's motion denied. Appellee's motions to be submitted with the briefs. Glaze, J., not participating.
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 is denied. Jesson, C.J., not participating.
96-1425. Seeco, Inc. et al. v. Hon. Don Langston, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petition for writ of prohibition is denied without prejudice to raise issues on appeal. Glaze, J., would grant. Jesson, C.J., not participating.
96-1472. Michael J. Pocrass and Susan Pocrass, Individually and as Parents and Next Best Friends of Jerilyn Pocrass, a Minor and Molly Pocrass, a Minor v. Hon. Baird Kinney, Circuit/Chancery Judge (Juvenile Division) of Phillips County, Arkansas and Arkansas Department of Human Services, from Phillips Chancery. Petitioners' motion to expedite and petition for writ of certiorari denied.
CR95-1309. Dashujuahn Danzie v. State of Arkansas, from Union Circuit. Motion for attorney's fee. Remanded. See per curiam this date. (2 PAGES UNPUBLISHED)
CR96-527. William Wesley Skiver v. State of Arkansas, from Greene Circuit. Rebriefing ordered. See per curiam this date. (5 PAGES PUBLISHED) [ASCII, WP5.1]
CR96-876. Jeffery Brown v. State of Arkansas, from Crittenden 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)
CR96-877. Michael Clay 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)
CR96-878. Ulonzo Gordon 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)
CR96-879. Jeremy Moten 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)
96-138. George Garrett v. Hon. Fred D. Davis, Judge, from Jefferson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)
In Re: Compensatory Overtime for Official Court Reporters and Promulgation of Administrative Order Number 9. See per curiam this date. (5 PAGES PUBLISHED) [ASCII, WP5.1]
85-302. In Re: Arkansas Rules for Minimum Continuing Legal Education. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
In Re: Arkansas State Board of Law Examiners. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]
Jewel E. Brown has petitioned for reinstatement to the Bar of Arkansas. Board member Matthew Horan has advised he will abstain from participation in Mr. Brown's proceedings.The Court appoints Rick Wade of Fort Smith, Arkansas to act as a substitute examiner in place of Mr. Horan. Mr. Wade will act as an appointee from the Third Congressional District. This appointment is exclusively for the purpose of authorizing Mr. Wade to participate as a member of the Board of Law Examiners to vote on Mr. Brown's application for reinstatement.
PETITIONS FOR REHEARING:
96-388. Henry Haynes v. Faulkner County, Arkansas et al., from Faulkner Chancery.
96-521. Duane Richie v. Board of Education of the Lead Hill School District, from Boone Circuit.
96-615. Ola Mae Thompson v. American Drug Stores, Inc., from Pulaski Circuit, Third Division.
PETITIONS FOR REVIEW:
96-1402. Winston Bryant, Attorney General v. Arkansas Public Service Commission, from Public Service Commission.
96-1404. Jerry Davison v. Sandra J. Vaughn Davison Jones, from Pope Chancery.
96-1460. Charlotte Smith v. Aetna Casualty and Surety Company, from Pulaski Circuit, Seventh Division.
CR96-103. Marcus Hood v. State of Arkansas, from Ashley Circuit. Appellant's motion for extension of time to file supplemental record.
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellant's motion to stay brief time.
CR96-633. Johnny Mark Propst v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.
CR96-984. Anthony Whatley v. State of Arkansas, from Union Circuit. Appellee's motion to dismiss appeal.
CR96-1055. Jerry Rickey v. State of Arkansas, from Washington Circuit. Appellee's motion to dismiss appeal.
CR96-1148. Robert Miller v. State of Arkansas, from Garland Circuit. Motion for rule on clerk to lodge transcript.
CR96-1441. Larry Hulsey v. Hon. Tom Smitherman, Circuit Judge, from Garland Circuit. Petition for writ of prohibition.
96-659. Jo Ann Hoffmann v. Alvin W. Neff, D.D.S., from Benton Circuit. Appellant's motion for continuance.
96-1458. Margaret Margaron v. Glen A. Wood, from Pulaski Circuit, Third Division. Appellee's motion to dismiss appeal.