Opinions delivered
June 2, 1997
Angle v. Alexander (Glaze, J.) 96-608
Workers' compensation -- Conduct that goes beyond
aggravated negligence falls within Workers' Compensation Act;
actual intention still lacking; appellee's conduct fell within
exclusivity provision of Act; appellant employees limited to rights
granted under Workers' Compensation Act.
[ASCII,
WP5.1]
Bradford v. State (Newbern, J.) CR96-172
Criminal procedure -- Lack of file mark on
information had no impact on whether appellant had been accorded
speedy trial; trial court had jurisdiction when speedy-trial motion
was denied.
[ASCII,
WP5.1]
Fisher v. Valco Farms (Thornton, J.) 96-661
Trial -- Verdict; failure to object to irregularity
before discharge of jury constitutes waiver; no objection from
either party after poll; trial court did not abuse discretion in
accepting verdict.
[ASCII,
WP5.1]
Hills v. State (Per Curiam) CR97-540
Appeal & error -- Attorney failed to file notice of
appeal in timely manner; failure to take responsibility for error
resulted in denial of motion for belated appeal.
[ASCII,
WP5.1]
Matson, Inc. v. Lamb & Associates Packaging, Inc. (Newbern,
J.) 96-606
Civil procedure -- Intervention; appellant should
have been allowed to intervene to protect its right to arbitration;
appellee bound by arbitration provision incorporated by reference
in performance bond; appellant entitled to intervene without
limiting intervention to protection to defend reimbursement claim;
reversed and remanded.
[ASCII,
WP5.1]
Raglin v. State (Per Curiam) CR97-402
Appeal & error -- Postconviction relief; supreme
court appoints counsel in postconviction appeals only where
appellant demonstrates substantial merit to appeal; court compelled
to treat appellant differently to avoid release.
[ASCII,
WP5.1]
Smith v. State (Brown, J.) 96-1180
Juveniles -- Juvenile transfer; trial court not
clearly erroneous in denying transfer to juvenile court.
[ASCII,
WP5.1]
TB of Blytheville, Inc. v. Little Rock Sign & Emblem, Inc. (Arnold,
C.J.) 96-562
Sales -- Voluntary-payment rule inapplicable;
contract for second sign was independent contract for sale of
goods; insured appellant was real party in interest; trial court
erred in holding that insurer was the real party in interest;
prejudgment and postjudgment interest should have been awarded upon
any jury determination of damages.
[ASCII,
WP5.1]
Teague v. State (Corbin, J.) CR96-1500
Criminal procedure -- Sentencing controlled by
statute; separation-of-powers doctrine not violated; no error in
informing jury as to correct state law regarding parole and
transfer eligibility; trial judge properly exercised discretion in
running appellant's sentences consecutively.
[ASCII,
WP5.1]
Thomas v. State (Per Curiam) CR96-528
Appeal & error -- Motion for access to trial record
denied; copy of record to facilitate postconviction appeal not
provided without showing that record is necessary.
[ASCII,
WP5.1]
In Re: Rules Governing Admission to the Bar (Per Curiam) [ASCII, WP5.1]
In Re: Rules Governing Admission to the Bar (Per Curiam) [ASCII, WP5.1]
Allen v. State, CR 96-881 (Per Curiam), Pro Se Motion for Appointment of Counsel and to File Supplemental Brief, denied June 2, 1997.
Barry v. State of Arkansas, CR 96-1145 (Per Curiam), remanded June 2, 1997.
Bohanan v. State, CR 96-1505 (Per Curiam), Pro Se Motion for Extension of Time to File Brief moot; Motions for Copy of Record, to File Enlarged Brief, and for Duplication of Brief, denied June 2, 1997.
Dulaney v. State, CR 97-276 (Per Curiam), Pro Se Motion for Belated Appeal of Order denied June 2, 1997.
Smith v. McCorkindale, CR 97-190 (Per Curiam), Pro Se Petition for Writ of Mandamus moot June 2, 1997.
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
96-304. Don Cross v. Arkansas Livestock and Poultry Commission et al., from Pulaski Circuit, Third Division.
96-1453. Tammy Morrison, Administratrix v. Charles A. Jennings, M.D. and Munir Zufari, M.D., from Sebastian Circuit, Greenwood District. Glaze and Brown, JJ., would grant.
REVIEWS DENIED: Petitions for review were denied today in the following cases.
CR97-476. Leamon L. Ashe v. State of Arkansas, from Crittenden Circuit.
97-517. Arkansas State Highway Commission v. Austin Hux, from Union Circuit.
97-523. Lori Golden v. Edward Golden, Jr., from Ashley Chancery.
CR96-908. Damond Sanford v. State of Arkansas, from Chicot Circuit. Appellee's motion to direct compliance with Supreme Court Rules 3-4, 4-2(6) and 4-3(g) & (h) is granted. Sixty days to file or correct. Final extension.
CR96-1314. Jason Pyles v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's motion for expedited hearing is granted.
CR96-1435. John E. Medlock v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion for clarification. Moot.
CR97-53. Michael Henderson v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement record is granted.
CR97-147. Gary Don Nation v. State of Arkansas, from Union Circuit. Appellee's motion to dismiss appeal is granted.
CR97-172. Leslie Lee Walker v. State of Arkansas, from Sevier Circuit. Appellant's motion to file belated brief is granted. Brief due July 2, 1997.
CR97-173. Henry Lee Cody v. State of Arkansas, from Crittenden Circuit. Appellee's motion to dismiss appeal is granted.
CR97-177. Brett Surveyor v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal is granted.
CR97-198. Bryant T. Lairy v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal is granted.
CR97-262. Candid Buller v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to dismiss appeal is granted.
CR97-372. Tony Anthony Stout v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to supplement record is granted.
CR97-406. Aaron Michael Hodge v. State of Arkansas, from Craighead Circuit, Western District. Appellant's motion to file enlarged brief is denied.
CR97-422. Donale Nahlen v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of Deborah Sallings to be relieved and to substitute William C. McArthur as attorney for appellant is granted.
CR97-422. Donale Nahlen v. State of Arkansas, from Pulaski Circuit, Second Division. Motion of William C. McArthur to be substituted as attorney for appellant is granted. Brief due July 2, 1997.
CR97-447. Michael Whitten v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion for declaration of indigency is denied. No affidavit filed.
CR97-447. Michael Whitten v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to stay brief time and supplement record is denied without prejudice to file writ of certiorari.
CR97-540. Keith Dzhon Hills v. State of Arkansas, from Pulaski Circuit, Sixth Division. Appellant's motion for belated appeal is denied. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
96-1019. Tanya Marley v. Joseph Rosalez and Kathryn Rosalez, from Sebastian Circuit, Fort Smith District. Appellant's motion to dismiss appeal is granted.
96-1392. Seeco, Inc. et al. v. Allen Hales et al., from Sebastian Circuit, Fort Smith District. Appellee's motion for expedited consideration or alternatively to lift stay or to deny request for oral argument is denied.
97-439. Alvie Nelson v. Timberline International, Inc. et al., from Workers' Compensation Commission. Appellees' motion to file supplemental brief is granted.
97-543. Jin Kuk Kim and Young Ki Kim v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion for rule on clerk to lodge transcript is denied.
CR96-528. Bobby G. Thomas v. State of Arkansas, from Miller Circuit. Pro se motion for extension of time to file appellant's brief and for order compelling circuit clerk to provide trial record to appellant. Motion granted in part and denied in part. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
CR96-881. D'Angelo Allen a/k/a Deangelo Allen v. State of Arkansas, from Crittenden Circuit. Pro se motion for appointment of counsel and to file supplemental brief. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR96-1505. Marcus Bohanan v. State of Arkansas, from Pulaski Circuit. Pro se motion for extension of time to file brief moot; motions for copy of record, to file enlarged brief, and for duplication of brief denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR97-190. Rickey Allen Smith v. Honorable Robert McCorkindale, Judge, from Newton Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)
CR97-276. Melvin Dulaney v. State of Arkansas, from Craighead Circuit. Pro se motion for belated appeal of order. Motion denied. See per curiam this date. (3 PAGES UNPUBLISHED)
CR97-402. Rodney v. State of Arkansas, from Pulaski Circuit. Motion for appointment of counsel. Motion granted. See per curiam this date. (3 PAGES PUBLISHED) [ASCII, WP5.1]
In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (2 PAGES PUBLISHED) [ASCII, WP5.1]
In Re: Rules Governing Admission to the Bar of Arkansas. See per curiam this date. (3 PAGES PUBLISHED) [ASCII, WP5.1]
PETITIONS FOR REHEARING:
CR96-10. Joe E. Edwards v. State of Arkansas, from Washington Circuit.
CR96-907. Thomas Scott Puckett v. State of Arkansas, from Mississippi Circuit, Osceola District.
CR96-1466. Phillip Travis v. State of Arkansas, from Pulaski Circuit, Fourth Division.
97-132. Pulaski County Child Support Enforcement Unit v. Orville S. Norem, Jr., from Pulaski Chancery, Third Division.
PETITION FOR REVIEW:
97-533. Teresa Spainhour v. Dover School District, from Pope Circuit.
CR96-278. Craig Burkhalter v. State of Arkansas, from Pulaski Circuit, Seventh Division. Appellant's motion to extend time for completing transcript.
CR96-1167. Anthony Smith v. State of Arkansas, from Marion Circuit. Appellee's motion to strike portion of appellant's supplemental abstract and reply brief.
CR96-1543. Albert Bell v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to relieve J. Bradley Green as attorney for appellant.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellee's motion to dismiss appeal.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Appellant's motion to file belated brief.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of Ronald C. Wilson for reconsideration of motion to withdraw as attorney for appellant.
CR97-200. Antonio L. Britt v. State of Arkansas, from Mississippi Circuit, Osceola District. Motion of David O. Bowden for substitution of counsel.
CR97-417. Clint Lammers v. State of Arkansas, from Arkansas Circuit, Northern District. Motion to relieve J. Bradley Green as attorney for appellant.
CR97-452. Clarence Mixon v. State of Arkansas, from Miller Circuit. Affidavit on motion for rule on clerk.
96-992. Doyle Massongill v. County of Scott, Arkansas et al., from Scott Chancery. Joint motion to substitute and consolidate records on appeal.
96-1524. Jimmie L. Wilson v. James A. Neal, from Phillips Circuit. Petition for writ of mandamus.
97-91. Melvin David Murrell et al. v. Springdale Memorial Hospital et al., from Washington Circuit. Appellant's motion to supplement abstract.
97-375. Chickasaw Chemical Company v. Thom E. Beasley, Administrator et al., from St. Francis Circuit. Appellant's motion for reconsideration.
97-556. Terence Watts v. Billy Ray Wilson and Howard Trucking Company, from Jefferson Circuit. Appellees' motion to dismiss appeal.
97-558. Bristol-Meyers Squibb Company et al. v. Hon. John Cole, Judge, from Saline Circuit. Petition for writ of prohibition.
97-559. McLane Company, Inc. v. Richard A. Weiss, Director of the Arkansas Department of Finance and Administration et al., from Pulaski Chancery, Second Division. Appellees' motion to dismiss appeal.
97-566. Rusty Roebuck and Gene Roebuck v. Marcia Hillard, from Craighead Circuit, Western District. Motion for rule on clerk or to file a belated appeal.
96-864. Arvie Wiles, Individually and as Adminiatrator et al v. Eddie Earl Webb, from Garland Circuit. Argued orally.
96-887. Boatmen's National Bank of Arkansas v. Hon. John Cole, Judge et al., from Saline Circuit. Argued orally.
96-894. ACW Inc. et al. v. Richard Weiss, Director of Arkansas Department of Finance and Administration, from Pulaski Chancery, Fifth Division. Argued orally.
CR96-1314. Jason Lee Pyles v. State of Arkansas, from Sebastian Circuit, Fort Smith District.
96-1531. John Pemberton McRae et al. v. William Knoedl et al., from Lonoke Circuit.
97-20. Patricia Love v. Smackover School District, from Union Circuit.
97-205. Office of Child Support Enforcement v. Terrance D. Ross, from Conway Chancery.
97-228. Kathy Porter v. Larry Porter, from Arkansas Chancery, Northern District.