Barker v. Frank (Brown, J.) 96-305
Taxation -- School district taxes; role of county
is strictly clerical; school taxes are not county taxes; exclusive
jurisdiction does not lie in county court; illegal exaction; valid
claim raised; matter reversed and remanded.
[ASCII,
WP5.1]
Brunson v. State (Corbin, J.) CR96-826
Search & seizure -- Search and arrest were
substantially contemporaneous; warrantless search of appellant was
reasonable.
[ASCII,
WP5.1]
Camargo v. State (Thornton, J.) CR96-780
Criminal law -- Death penalty; failure of jury to
unanimously return written finding that aggravating circumstances
justified death sentence beyond reasonable doubt was error
requiring reversal and remanded for new sentencing.
[ASCII,
WP5.1]
Carder v. Burrow (Arnold, C.J.) 96-828
Securities regulation -- Fixed rate of interest
payable at fixed times not sufficient to make a note a security; no
expectation of benefit to investor; transaction was commercial loan
and not sale of security.
[ASCII,
WP5.1]
Cherry v. Tanda, Inc. (Imber, J.) 96-1229
Workers' compensation -- Exception to exclusivity
provision; indemnitee may enforce indemnity agreement against
employer; there can be no third-party beneficiary to an indemnity
contract; appellee's liability did not arise until city sustained
loss; appellant not an intended third-party beneficiary to
contract; suit in tort barred by exclusivity provision.
[ASCII,
WP5.1]
Dougan v. State (Per Curiam) CR97-189
Appeal & error -- Motion for belated appeal; good
cause for granting.
[ASCII,
WP5.1]
Harrington v. State (Per Curiam) CR97-242
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Hicks v. State (Thornton, J.) CR96-482
Evidence -- Substantial evidence existed to support
convictions; jury's determination as to witness credibility will
not be disturbed; erroneous admission of paraphernalia harmless
error as to other convictions.
[ASCII,
WP5.1]
Ivy v. State (Per Curiam) CR95-135
Appeal & error -- Motion to unseal brief denied;
motion to submit Rule 37 petition under seal granted; motion to
strike State's response denied.
Notice: On 3/19/97, the court withdrew the per curiam
handed down in this case and substituted a new opinion. The following
links are to the substituted opinion.
[ASCII,
WP5.1]
Kinkead v. Spillers (Glaze, J.) 96-1433
Appeal & error -- Final order not entered; appeal
dismissed.
[ASCII,
WP5.1]
Lawhon v. State (Per Curiam) cr95-1276
Sentencing -- Multiple sentences run concurrently
unless court specifically orders otherwise; judge who sentenced
appellant failed to exercise discretion; appellant properly raised
issue at first opportunity.
[ASCII,
WP5.1]
Polletta v. State (Per Curiam) CR97-218
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Pugh v. Griggs (Corbin, J.) 96-402
Judgment -- Summary judgment; legal malpractice;
appellant's continued retainment of appellees as counsel
constituted waiver of negligence claim; trial court's grant of
summary judgment in favor of appellees was proper.
[ASCII,
WP5.1]
Sanford v. State (Per Curiam) CR96-908
Appeal & error -- Motion for belated appeal denied;
counsel must concede fault.
[ASCII,
WP5.1]
State v. Vazquez-Arreola (Imber, J.) cr96-1277
Criminal procedure -- Felony defendant not entitled
to trial by judge without assent of prosecutor; appellant attempted
to plead guilty over State's objection; trial court erred in
accepting guilty plea; amendment of information by trial judge over
State's objection violated separation of powers; choice of which
charges to file against accused entirely within prosecutor's
discretion.
[ASCII,
WP5.1]
Strawbridge v. State (Per Curiam) CR96-1237
Appeal & error -- Even pro se
appellants are responsible for following procedural rules.
[ASCII,
WP5.1]
Willingham v. State (Per Curiam) CR96-1222
Appeal & error -- Motion for rule on clerk; good
cause for granting.
[ASCII,
WP5.1]
Wright v. State (Glaze, J.) CR96-1133
Search & seizure -- Persons suspected of committing
felony involving danger of forcible injury to others may be
detained; possible DWI offense carries with it danger of forcible
injury to others; motion to suppress properly denied; evidence
resulting from vehicle's search and officer's testimony sufficient
to affirm conviction.
[ASCII,
WP5.1]
Allen v. State (Per Curiam)366-A CR96-1099
Officers -- Officials not covered by Ark. Code Ann.
§ 14-42-108; original opinion addressed constitutionality of
statute; rehearing denied.
[ASCII,
WP5.1]
Jackson v. State, CR96-836 (Per Curiam), Pro Se Motion for Appointment of New Counsel denied March 17, 1997.
Brooks v. Glover, CR97-215 (Per Curiam), Pro Se Petition for Writ of Mandamus, Pro Se Petition for Writ of Prohibition moot and Pro Se Motion for Extraordinary and Expedited Consideration moot March 17, 1997.
Rhodes v. State, CR96-1154 (Per Curiam), Pro Se Motion for Extension of Time to File Brief and Pro Se Motion for Interpretation of Statute denied and appeal dismissed March 17, 1997.
Richardson v. State, CR96-1216 (Per Curiam), Pro Se Motion for Extension of Time to File Brief and Pro Se Motion for Access to Record denied and appeal dismissed March 17, 1997.
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR96-1099. A. B. Allen v. State of Arkansas, from Lincoln Circuit. See supplemental opinion. Glaze, J., concurs. Newbern, J., dissents. (3 pages published), 5 page concurrence, 3 page dissent) [ASCII, WP5.1]
96-751. Eddie Linn Swaffar, Jr. v. W. C. Swaffar, Executor, from Faulkner Probate.
96-1286. State of Arkansas v. Pulaski County Circuit Court, from Pulaski Circuit. Brown, J., would grant.
CR96-836. Alvin B. Jackson v. State of Arkansas, from Jefferson Circuit. Pro se motion for appointment of new counsel. Motion denied. See per curiam this date. (2 pages unpublished)
CR96-908. Damon Sanford v. State of Arkansas, from Chicot Circuit. Appellant's motion to file belated brief. Motion for belated appeal denied; order to appear and show cause issued. See per curiam this date. (2 pages published) [ASCII, WP5.1]
CR96-1222. O. C. Willingham v. State of Arkansas, from Nevada Circuit. Amended motion for rule on clerk is granted. See per curiam this date. (1 pages published) [ASCII, WP5.1]
CR96-1442. Sherman Noble v. State of Arkansas, from Jefferson Circuit. Appellant's motion to file enlarged brief is denied. See Pemberton v. State, 291 Ark. 198, 723 S.W.2d 372 (1987).
CR97-53. Michael Henderson v. State of Arkansas, from Pulaski Circuit, First Division. Motion of William C. McArthur for appointment of counsel is granted.
CR97-168. State of Arkansas v. Frankie E. Hart, from Pope Circuit. Motion of James Dunham for entry of appearance is granted.
CR97-189. Ronald Dougan v. State of Arkansas, from St. Francis Circuit. Motion for belated appeal is granted. See per curiam this date.(3 pages published) [ASCII, WP5.1]
CR97-218. Gloria Jean Polletta v. State of Arkansas, from Crittenden Circuit. Motion for rule on clerk to lodge transcript is granted. See per curiam this date.(1 page published) [ASCII, WP5.1]
CR97-242. Timothy Leoton v. State of Arkansas, from Benton Circuit. Motion for rule on clerk to lodge transcript is granted. See per curiam this date. (1 page published) [ASCII, WP5.1]
CR97-268. Laura Sherwood v. Hon. Don E. Glover, Judge, from Ashley Circuit. Motion for temporary stay is granted. (Proceedings of March 14, 1997)
CACR95-135. Dan Chris Ivy v. State of Arkansas, from Washington
Circuit. Motion to unseal brief denied. Motion to submit Rule 37
petition under seal granted. Motion to strike response denied. See
per curiam this date. (2 pages published)
Notice: On 3/19/97, the court withdrew the per curiam
handed down in this case and substituted a new opinion. The following
links are to the substituted opinion.
[ASCII,
WP5.1]
96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. Appellant's motion to waive abstracting requirement with respect to oversized exhibits is granted provided the exhibits constitute a part of the record to be submitted on appeal. Brown and Imber, JJ., not participating.
96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. Appellant's motion to supplement record is granted. Brown and Imber, JJ., not participating.
96-1495. First Commercial Bank, N.A. v. Michael W. Walker et al., from Pulaski Circuit, Second Division. Appellant's motion for extension of time to file brief is granted. Brown and Imber, JJ., not participating.
97-43. Crittenden Hospital Association v. Board of Equalization of Crittenden County, Arkansas et al., from Crittenden Circuit. Motion of Arkansas Hospital Association to file amicus curiae brief is granted.
97-194. Martha Sue Alexander v. Ira Moore, from Pulaski Chancery, Sixth Division. Joint motion of Edward L. Wright to withdraw and substitute John E. Pruniski III as attorney for appellant is granted. Corbin and Imber, JJ., not participating.
97-213. Johnnie Meyers and Dorothy Meyers v. Riverfront Marina, Inc. et al., from Pulaski Circuit, Fifth Division. Petition for writ of prohibition is denied.
CR96-1154. Kendall Lee Rhodes v. State of Arkansas, from Lincoln Circuit. Pro se motion for extension of time to file brief and pro se motion for interpretation of statute. Motions denied and appeal dismissed. See per curiam this date. (3 pages unpublished)
CR96-1216. Avery Nathan Richardson v. State of Arkansas, from Arkansas Circuit, Southern District. Pro se motion for extension of time to file brief and pro se motion for access to record. Motions denied and appeal dismissed. See per curiam this date. (3 pages unpublished)
CR96-1237. Kenneth Monroe Strawbridge v. State of Arkansas, from Faulkner Circuit. Pro se motion for belated appeal of judgment and pro se motion for production of transcript. Motions denied. See per curiam this date. Brown, J., dissents. (3 pages published, 2 page dissent) [ASCII, WP5.1]
CR97-215. Rickey C. Brooks v. Honorable Don Glover, Judge, from Bradley Circuit. Pro se petition for writ of mandamus, pro se petition for writ of prohibition and pro se motion for extraordinary and expedited consideration. Petitions and motion moot. See per curiam this date. (2 pages unpublished)
PETITIONS FOR REHEARING::
CR96-685. David Newman v. State of Arkansas, from Randolph Circuit.
96-1137. James E. Nobles v. Pati Casebier, from Randolph Circuit.
97-212. Christine M. Jones v. Hon. Charles E. Clawson, Judge, from Faulkner Chancery. Petition for writ of prohibition. Argued orally.
97-212. Christine M. Jones v. Hon. Charles E. Clawson, Judge, from Faulkner Chancery. Motion to dismiss.
CR94-928. Damien Wayne Echols v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to recall mandate.
CR96-685. David Newman v. State of Arkansas, from Randolph Circuit. Appellant's motion to file supplemental brief to petition for rehearing.
CR96-799. Robert Caple v. State of Arkansas, County of Van Buren, from Van Buren Circuit. Motion of Bruce J. Bennett for entry of appearance.
CR96-883. Derek Charles Coleman v. State of Arkansas, from Crittenden Circuit. Appellee's motion to consolidate records.
CR96-1487. Gary Jones v. State of Arkansas, from Poinsett Circuit. Appellee's motion to dismiss appeal.
CR97-287. Gary Stahl v. State of Arkansas, from Lawrence Circuit. Petition for writ of prohibition.
95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellant's second motion and amended motion to file enlarged brief.
95-1029. Pamela F. Skokos v. Theodore C. Skokos, from Pulaski Chancery, First Division. Appellee's second motion to dismiss appeal.
96-657. Coca-Cola Bottling Company of Memphis, Tennessee v. Terry Priddy, from Saline Circuit. Appellee's motion to deny oral argument.
96-751. Eddie Linn Swaffar, Jr. v. W. C. Swaffar, Executor, from Faulkner Probate. Appellant's petition for stay of mandate.
97-103. Boatmen's Investment Services of Arkansas, Inc. v. Arline Sloan Townsend, from Washington Circuit. Appellant's motion to dismiss appeal without prejudice and remand.
96-117. Board of Zoning Adjustment of Little Rock v. Vernon Cheek, from Pulaski Circuit, Second Division. Argued orally.
CR96-904. Marko Donnell Humphrey v. State of Arkansas, from Woodruff Circuit.
CR96-961. Terrance G. Hopson v. State of Arkansas, from Jefferson Circuit.
95-1142. Lynda Albright v. Southern Farm Bureau Life Insurance Company, from Garland Circuit.
96-1111. Bill D. Reynolds v. Guardianship of Grace L. Sears, from Washington Probate.
96-1258. In Re: Baby Boy Martindale v. Aleshia Shelton, from Pulaski Probate, Second Division.
96-1310. William Shiloh McClure v. State of Arkansas, from Pope Circuit.
96-1417. F. Gordon Darr, Jr., Administrator v. David L. Bankston, from Faulkner Chancery.