Bradley v. State (Newbern, J.) CR95-895
Criminal law -- Admission of evidence discretionary
under rape shield statute; relief on appeal barred where provisions
of statute not invoked at trial; statements within "memory or
belief" portion of Ark. R. Evid. 803(3) admissible; admission of
such an out-of-court statement discretionary with trial court when
it is also proof of declarant's state of mind.
[ASCII,
WP5.1]
Dulaney v. State (Imber, J.) CR96-821
Motions -- Directed verdict; appellant required to
make specific rather than general motion.
[ASCII,
WP5.1]
Harris v. State (Glaze, J.) CR96-782
New trial -- Notice of appeal not timely filed;
appeal dismissed.
[ASCII,
WP5.1]
Johnson v. State (Per Curiam) CR96-1478
Appeal & error -- Belated appeal; good cause for
granting.
[ASCII,
WP5.1]
Payne v. State (Brown, J.) CACR96-867
Criminal procedure -- Conditional plea of guilty;
case involved attempt to appeal admissibility of evidence of prior
convictions; appeal dismissed because it did not involve suppression
issue within ambit of A.R.Cr.P. Rule 24.3.
[ASCII,
WP5.1]
Phillips v. State (Arnold, C.J.) CR96-1042
Constitutional law -- Photographic lineups; lineup
not unduly suggestive; nothing in lineup directed witness toward
appellant as primary suspect.
[ASCII,
WP5.1]
State v. McFadden (Corbin, J.) CR96-1058
Criminal procedure -- Approach of citizen pursuant
to policeman's investigative law enforcement function; officer's
approach of appellee neither a nonsiezure encounter nor done for
purpose of aiding in investigation or prevention of a crime; trial
court's ruling not clearly erroneous.
[ASCII,
WP5.1]
In the Matter of Changes to the Rules of Civil Procedure, Rules of Appellate Procedure--Civil and Inferior Court Rules (Per Curiam) [ASCII, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR96-924. Charles McNeese v. State of Arkansas, from Johnson Circuit.
95-732. Donald B. Pennington et al. v. Harvest Foods, Inc., from Pulaski Circuit, Seventh Division. Glaze, J., would grant.
REVIEW DENIED: Petition for review was denied today in the following case.
96-1464. Nadine Schramm v. Horace Piazza, from Pulaski Circuit, Third Division.
CR95-975. Jimmy Don Wooten v. State of Arkansas, from Pope Circuit. Motion for entry of appearance of Jeff Rosenzweig as attorney of record is granted
CR95-975. Jimmy Don Wooten v. State of Arkansas, from Pope Circuit. Appellant's motion to extend stay of mandate is granted.
CR95-1258. Lamont Bowden v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellee's motion to strike appellant's three new points on appeal is granted.
CR96-219. Gregory R. Larimore v. State of Arkansas, from Crittenden Circuit. Motion for entry of appearance of Kent J. Rubens as attorney of record is granted.
CR96-352. Andrew Akins v. State of Arkansas, from Chicot Circuit. Appellant's motion for extension of time to lodge supplement to the record. Granted thirty days to lodge supplemental record. Clerk to set briefing schedule.
CR96-362. Jack Gordon Greene v. State of Arkansas, from Johnson Circuit. Appellant's motion to extend time of writ of certiorari to complete the record is granted.
CR96-1125. Kenneth Wilson v. State of Arkansas, from Jefferson Circuit. Appellee's motion for permission to file belated brief is granted.
CR96-1466. Phillip Travis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Don Thompson, Deputy Public Defender, to withdraw as counsel is granted.
CR96-1466. Phillip Travis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion of Kelly M. Pace to be substituted as counsel is granted.
CR96-1466. Phillip Travis v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant's motion to stay briefing schedule is granted.
CR96-1478. Floyd D. Johnson v. State of Arkansas, from Poinsett Circuit. Motion for belated appeal granted. See per curiam this date. (1 PAGES PUBLISHED) [ASCII, WP5.1]
CR96-1484. Deanthony Tyrone Smith v. State of Arkansas, from Desha Circuit. Motion for rule on clerk is granted.
96-447. Mid-South Road Builders, Inc. v. Arkansas Contractors Licensing Board, from Pulaski Circuit, Sixth Division. Appellee's motion to advance and affirm is denied.
96-1356. Stan Laurila v. Kristen L. Cauthen, from Benton Circuit. Motion of separate appellant, Jacqueline Laurila, to dismiss appeal is granted.
96-1392. Seeco, Inc., Arkansas Western Gas Company, and Southwestern Energy Company v. Allen Hales, Mary Nellie Hales, Robert G. Jeffers, David P. Taylor, and Taylor Family Limited Partnership "A", from Sebastian Circuit, Fort Smith District. Appellants' motion to file enlarged brief is denied. See Pemberton v. State, 291 Ark. 198, 723 S.W.2d 372 (1987).
96-1425. Seeco, Inc., Arkansas Western Gas Company, and Southwestern Energy Company v. Hon. Don Langston, Circuit Judge, from Sebastian Circuit, Fort Smith District. Petitioners' motion for reconsideration is denied. Glaze, J., would grant.
96-1495. First Commercial Bank v. Michael Walker, Aearth Development, Inc., Aearth Preparation, Inc., and Coal Processors, a Joint Venture, from Pulaski Circuit, Second Division. Appellant's petition for writ of certiorari to complete the record is granted. Brown and Imber, JJ., not participating.
96-1517. Michael Fitzgerald v. Mid States Pipe Fabricating, from Workers' Compensation Commission. Motion for rule on clerk is denied.
96-1539. Pamela Brown Hall v. Arkansas Department of Human Services, from Pulaski Chancery, Seventh Division. Motion for rule on clerk is denied.
96-1545. BNL Equity Corporation (formerly known as United Arkansas Corporation), BNL Financial Corporation (formerly known as United Iowa Corporation), and Wayne E. Ahart, Kenneth Tobey, and Barry N. Shamas v. Myra Jo Pearson and Paul Pearson, from Pulaski Circuit, Third Division. Appellants' motion to dismiss appeal is granted. Motion for attorney's fees is denied.
97-15. Binnacle Industries, LLC d/b/a The House of Marble v. The Honorable Alice Gray, from Pulaski Chancery, Fourth Division. Petitioner's motion for accelerated proceedings, application for temporary relief and writ of certiorari denied. Corbin, J., not participating.
In the Matter of Changes to the Rules of Civil Procedure, Rules of Appellate Procedure-Civil and Inferior Court Rules. See per curiam this date. (4 PAGES PUBLISHED) [ASCII, WP5.1]
PETITIONS FOR REHEARING:
95-891. Hugh B. Chalmers, Sr. et al. v. Toyota Motor Sales, USA, Inc. et al., from Pulaski Circuit, Second Division.
96-1286. State of Arkansas v. Pulaski County Circuit Court, from Pulaski Circuit.
PETITION FOR REVIEW:
96-1556. Coleman's Service Center, Inc. v. Federal Deposit Insurance Corporation et al., from Monroe Circuit.
CR96-103. Marcus Hood v. State of Arkansas, from Ashley Circuit. Appellee's motion to set briefing schedule.
CR96-820. Rodney Bragg v. State of Arkansas, from Nevada Circuit. Appellant's motion to file belated brief.
CR96-905. James Hollis Guss v. State of Arkansas, from Benton Circuit. Appellant's motion for reconsideration.
CR96-955. Brian John White v. State of Arkansas, from Benton Circuit. Appellant's motion to supplement the record and for brief time.
CR96-1385. Rogelio and Basilio Reyes v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Second motion for rule on clerk to lodge transcript.
CR96-1411. Claude Bryan Oakley v. State of Arkansas, from Desha Circuit, Arkansas City District. Appellant's motion for extension of time to file brief and for substitution of counsel.
CR96-1540. Robin Dennis Graham v. Hon. William A. Storey, Circuit Judge, from Washington Circuit. Petition for writ of mandamus.
95-891. Hugh B. Chalmers, Sr. et al. v. Toyota Motor Sales, USA, Inc. et al., from Pulaski Circuit, Second Division. Motion of Arkansas Automobile Dealers Association for permission to file amicus curiae brief.
95-1150. Christine M. Jones v. Jerry A. Jones, from Faulkner Chancery. Appellant's motion for attorney's fees and sanctions.
95-1150. Christine M. Jones v. Jerry A. Jones, from Faulkner Chancery. Appellee's motion to dismiss appellant's motion for attorney's fees and sanctions.
96-969. James Ambrus v. Russell Chevrolet Company, from Pulaski Circuit, Sixth Division. Appellee's motion to strike appellant's reply brief.
96-1096. Union Pacific Railroad Company and T. P. Spoon v. Jonathan Sharp and Aristea Sharp, from Lee Circuit. Motion of the Association of American Railroads for permission to file amicus curiae brief.
96-1129. Thomas B. Stueart v. Arkansas State Police Commission, from Pulaski Circuit, Second Division. Appellant's motion to file enlarged brief.
96-1403. Arkansas State Highway Commission v. Charles K. Post et al., from Union Circuit. Appellant's motion to file supplemental brief.
97-29. Stanley Stroud v. Arkansas Department of Human Services, from Dallas Chancery. Appellant's motion for appointment of counsel and to waive filing fee.
CR96-146. Jeffrey Williams v. State of Arkansas, from Washington Circuit. Argued Orally.
CR96-219. Gregory R. Larimore v. State of Arkansas, from Crittenden Circuit. Argued Orally.
CR96-220. Walter Anthony Webb v. State of Arkansas, from Greene Circuit. Argued Orally.
CR96-322. O.C. Rawls v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR96-415. Nina Sue Matthews v. State of Arkansas, from Pulaski Circuit, Seventh Division.
CR96-526. Charles Martin v. State of Arkansas, from White Circuit.
CR96-834. State of Arkansas v. Houston Leon Williams and Kathleen Williams, from Washington Circuit.
CR96-956. Bruce Lee Rowbottom v. State of Arkansas, from Benton Circuit.
CR96-976. Bobby Joe Jones v. State of Arkansas, from Lafayette Circuit.