ARKANSAS SUPREME COURT
ADVANCE REPORTS
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IN THIS ISSUE
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330 Ark.

Opinions delivered
November 20, 1997


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Blaylock v. Shearson Lehman Brothers, Inc. (Thornton, J.) 96-1176
Limitation of actions -- Class action; commencement tolls statute of limitations; appellants' complaint was erroneously dismissed as time barred; matter reversed and remanded. [ASCII, WP5.1]

Boyd v. Keith (Per Curiam) 97-991
Mandamus -- Petition granted; respondent required to act upon petitioner's request. [ASCII, WP5.1]

Brown v. State (Per Curiam) CR97-5
Criminal procedure -- Writ of error coram nobis; Larrimore case did not broaden remedy for advancing allegation that third party had confessed to crime of which petitioner convicted; petition based on third-party confession limited to time before judgment affirmed; petition for writ denied. [ASCII, WP5.1]

Davis v. State (Glaze, J.) CR97-562
Evidence -- Disputed passages on tape highly relevant; any prejudicial effect outweighed by probative value; trial court affirmed. [ASCII, WP5.1]

Ingram v. State (Per Curiam) CR97-1114
Appeal & error -- Motion for belated appeal treated as motion for rule on clerk; good cause for granting. [ASCII, WP5.1]

Lewis v. State (Brown, J.) CR97-538
Appeal & error -- Abstracting requirements not satisfied; brief was flagrantly deficient; judgment affirmed. [ASCII, WP5.1]

W. W. v. State (Per Curiam) 97-1305
Appeal & error -- Motion for rule on clerk treated as motion for belated appeal; good cause for granting. [ASCII, WP5.1]

OPINIONS NOT DESIGNATED FOR PUBLICATION

Anderson v. State, CR 97-405 (Per Curiam), Pro Se Motion to File a Belated Reply Brief; Pro Se Motion to Expedite Appeal; and Pro Se Motion to Amend Appellant's Brief; motions denied and appeal dismissed November 20, 1997.

Bishop v. State, CR 97-250 (Per Curiam), Rebriefing Ordered November 20, 1997.

Brooks v. State, CR 97-929 (Per Curiam), Pro Se Motion to File Pro Se Supplemental Appellant's Brief denied and appeal dismissed November 20, 1997.

Bryant v. Erwin, CR 97-729 (Per Curiam), Pro Se Petition for Writ of Mandamus moot November 20, 1997.

Langford v. State, CR 97-976 (Per Curiam), Pro Se Motion to Proceed Pro Se On Appeal denied November 20, 1997.

PER CURIAM ORDERS

REVIEW GRANTED: Petition for review was granted today in the following case.

CR97-1276. State of Arkansas v. Kathy Stewart, from Pulaski Circuit, Sixth Division.

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REVIEW DENIED: Petition for review was denied today in the following case.

97-1301. Karl W. Schwarz v. Lois (Schwarz) Moody, from Pulaski Chancery, Second Division.

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CR79-5. Henderson Brown v. State of Arkansas, from Pulaski Circuit, Fourth Division. Pro se petition for leave to proceed with petition for writ of error coram nobis. Petition denied. See per curiam this date. Newbern and Glaze, JJ., concur. (6 PAGES + 3 PAGES CONCUR PUBLISHED) [ASCII, WP5.1]

97-974. Carolyn Gourley v. Crossett Public Schools et al., from Ashley Circuit. Appellees' motion to dismiss appeal is denied. Glaze, J., not participating.

97-974. Carolyn Gourley v. Crossett Public Schools et al., from Ashley Circuit. Appellees' motion to stay briefing schedule is granted. Clerk to set briefing schedule. Glaze, J., not participating.

97-974. Carolyn Gourley v. Crossett Public Schools et al., from Ashley Circuit. Appellant's motion to supplement the record is granted. Glaze, J., not participating.

97-991. Stanley F. Boyd v. Hon. Tom Keith, Circuit Judge, from Carroll Circuit, Western District. Pro se petition for writ of mandamus is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-450. Vincent James Hussey v. State of Arkansas, from Drew Circuit. Appellee's motion for compliance with Rule 4-3 (h), and alternative motion to stay briefing schedule is granted.

CR97-655. Pearl Gennette Anthony v. State of Arkansas, from Hempstead Circuit. Request to proceed in forma pauperis is granted.

CR97-664. State of Arkansas v. Glen Herred, from Phillips Circuit. Appellant's motion for temporary stay of order granting relief pursuant to Rule 37 is granted.

CR97-1061. Austin Eugene Salley v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to file belated brief is granted. Clerk to set briefing schedule.

CR97-1114. Larry Darnell Ingram v. State of Arkansas, from Washington Circuit. Second motion to file belated appeal. Treated as motion for rule on the clerk; motion granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

CR97-1292. Harold Walton v. State of Arkansas, from Pulaski Circuit, Fourth Division. Motion to file belated appeal is granted.

CR97-1310. State of Arkansas v. Hezile Earl, Jr., from Prairie Circuit, Southern District. Appellant's motion to extend time to file appellate record. Granted thirty days.

97-767. Arkansas Department of Human Services v. Rebecca Pendagraph, from Faulkner Chancery. Motion of State of Arkansas to intervene is granted.

97-1134. Liberty Mutual Insurance Company v. Cleophus Thomas, from Desha Circuit, Arkansas City District. Appellee's motion to file reply to appellant's supplemental brief is granted.

97-1277. Crane Construction Company v. A & A Masonry Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellee Umphers Construction Company, Inc. to dismiss appeal is denied. Glaze, J., not participating.

97-1277. Crane Construction Company v. A & A Masonry Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellee Fireman's Fund Insurance Company to dismiss appeal is denied. Glaze, J., not participating.

97-1277. Crane Construction Company v. A & A Masonry Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellees Franklin & Son, Inc. and Ray & Sons Masonry Contractors, Inc. to dismiss appeal is denied. Glaze, J., not participating.

97-1277. Crane Construction Company v. A & A Masonry Inc. et al., from Pulaski Circuit, Sixth Division. Motion of appellee Northwest Fire Protection, Inc. to dismiss appeal is denied. Glaze, J., not participating.

97-1289. Marla M. Bolin v. Russell Bolin, from Dallas Chancery. Motion for rule on clerk is denied. Motion to be relieved as counsel. Moot.

97-1305. W. W., a Juvenile v. State of Arkansas, from Grant Circuit. Motion for belated appeal is granted. See per curiam this date. (1 PAGE PUBLISHED) [ASCII, WP5.1]

97-1305. W. W., a Juvenile v. State of Arkansas, from Grant Circuit. Motion for anonymity is granted.

CR97-1364. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division. Petition for stay of execution is granted. CR97-250. Milton Bishop v. State of Arkansas, from Howard Circuit. Rebriefing ordered. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-405. Mike Anderson v. State of Arkansas, from Ouachita Circuit. Pro se motion to file a belated reply brief; pro se motion to expedite appeal; and pro se motion to amend appellant's brief. Motions denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)

CR97-729. Tommy L. Bryant, a/k/a Thomas L. Bryant, Jr. v. Honorable Harold Erwin, Judge, from Jackson Circuit. Pro se petition for writ of mandamus. Petition moot. See per curiam this date. (1 PAGE UNPUBLISHED)

CR97-929. Rickey C. Brooks v. State of Arkansas, from Bradley Circuit. Pro se motion to file pro se supplemental appellant's brief. Motion denied and appeal dismissed. See per curiam this date. (2 PAGES UNPUBLISHED)

CR97-976. Mack Langford v. State of Arkansas, from Pope Circuit. Pro se motion to proceed pro se on appeal. Motion denied. See per curiam this date. (4 PAGES UNPUBLISHED)

MOTIONS SUBMITTED

PETITION FOR REHEARING:

CR97-417. Clint Lammers v. State of Arkansas, from Arkansas Circuit, Northern District.

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PETITION FOR REVIEW:

CR97-1267. Mary Bousquet v. State of Arkansas, from Pulaski Circuit, Fourth Division.

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CR97-844. Eric Washington v. State of Arkansas, from Garland Circuit. Appellant's motion to file belated brief.

CR97-932. Larry Kemp v. State of Arkansas, from Pope Circuit. Appellee's motion to dismiss appeal for lack of jurisdiction.

CR97-1240. William Dillard Taylor v. State of Arkansas, from Crawford Circuit. Appellant's motion for extension of time to file brief.

CR97-1240. William Dillard Taylor v. State of Arkansas, from Crawford Circuit. Motion of Craig Lambert to be substituted as attorney for appellant.

CR97-1311. Mikey Dale Forrest v. State of Arkansas, from Bradley Circuit. Motion for rule on clerk to lodge transcript.

CR97-1353. James Jess Colvin v. State of Arkansas, from Washington Circuit. Motion for rule on clerk to lodge transcript.

97-1313. Donnie Higginbotham v. Hon. David L. Reynolds et al., from Faulkner Chancery. Petition for writ of mandamus.

97-1327. Steve Criswell v. Melyssa Holliday, from Pulaski Chancery, Ninth Division. Motion for rule on clerk to lodge transcript.

97-1335. Dora E. Hooker et al v. Hon. Harvey L. Yates, Circuit Judge, from Monroe Circuit. Petition for writ of prohibition.

97-1345. Wilma Hogue Brand v. Marion Gene Hogue, from Conway Probate. Petition for writ of prohibition, temporary relief and expedited hearing.

97-1354. Peter Rellos, d/b/a Cooper House Apartments v. Summer L. Emley, from Garland Circuit. Motion for rule on clerk to lodge transcript.

SUBMISSIONS

96-843. Unigard Security Insurance Company et al. v. Murphy Oil USA, Inc., from Union Circuit. Argued orally.

97-110. Janette Sanders v. Bradley County Human Services, from Bradley Circuit. Argued orally.

CR96-278. Craig Burkhalter v. State of Arkansas, from Pulaski Circuit, Seventh Division.

CR97-102. Clarence Manning v. State of Arkansas, from Craighead Circuit, Western District.

CR97-480. City of Little Rock, State of Arkansas v. Hon. Marion Humphrey, Judge, from Pulaski Circuit, First Division.

CR97-593. State of Arkansas v. John Edward Johnson, from Pulaski Circuit, First Division.

CR97-661. Adrian Reed v. State of Arkansas, from Pope Circuit.

CR97-639. Charles B. Stanley v. State of Arkansas, from Arkansas Circuit, Southern District.