Opinions delivered
December 3, 1998
Booker v. State (Thornton, J.) CR98-505
Criminal law -- Jury could have concluded elements
of felony murder were established; trial court did not err in
submitting issue to jury; first-degree murder; sufficient evidence
for jury to conclude appellant stabbed victim with purpose of
killing her.
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Burke v. Strange (Thornton, J.) 98-434
Attorney & client -- Arkansas Freedom of
Information Act; court need not award attorney's fees in every
case.
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City of Maumelle v. Maumelle Lodge of the Fraternal Order of Police (Brown, J.) 98-553
Appeal & error -- Material information not
abstract; trial court's order of dismissal affirmed.
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Douglas v. Holbert (Imber, J.) 98-424
Probate -- Special administrator had sole authority
to pursue wrongful-death action; statutory beneficiaries were not
required to participate in wrongful-death action to protect their
interest in proceeds; probate court's order granting full amount of
wrongful-death settlement to appellee reversed.
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Efurd V. Brandon v. Hackler (Arnold, C.J.) 98-480
Motions -- Motion to dismiss for lack of standing;
trial court did not err in granting.
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Farm Bureau Policy Holders and Members v. Farm Bureau Mut. Ins. Co. (Brown, J.) 97-1028
Insurance -- Farm Bureau membership dues not
premiums; membership not condition of insurance; trial court did
not err in finding that appellee carrier had not issued policies to
class members; issues to be tried must be those raised before class
cetification; no error found in trial court's exclusion of class
members with comprehensive coverage.
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Johnson v. State (Per Curiam) CR98-743
Appeal & error -- Request for access to sealed
records granted.
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Lawhon Farm Servs. v. Brown (Newbern, J.) 97-1564
Workers' compensation -- Survivor benefits under
Ark. Code Ann. § 11-9-527; interpretations of statute remained
unchanged by Act 796; Workers' Compensation Commission's ruling
that children were "wholly and actually" dependent on their father
at time of his work-related death was supported by substantial
evidence.
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In Re: Adoption of Administrative Order Number 11 -- Arkansas Code of Professional Responsibility for Interpreters in the Judiciary (Per Curiam) [HTML, WP5.1]
In Re: Rules of Appellate Procedure--Criminal, Rule 3 (Per Curiam) [HTML, WP5.1]
In Re: Rules of Criminal Procedure, Rules 8.2 and 8.6 (Per Curiam) [HTML, WP5.1]
In Re: Supreme Court Committee on Child Support (Per Curiam) [HTML, WP5.1]
Dennis v. State, CR 97-902 (Per Curiam), Petition for Rehearing denied December 3, 1998.
Hancock v. State, CR 98-919 (Per Curiam), Pro Se Motion for Extension of Time to File Appellant's Brief granted December 3, 1998.
Jones, Howard W. v. State, 98-547 (Per Curiam), Pro Se Motion for Appointment of Counsel denied December 3, 1998.
Scott v. Simes, CR 98-1262 (Per Curiam), Pro Se Petition for Writ of Mandamus and Pro Se Petition for Writ of Prohibition moot December 3, 1998.
Speed v. State, CA CR 96-903 (Per Curiam), Pro Se Motion for Photocopy of Trial Transcript and Other Material at Public Expense denied December 3, 1998.
Williams v. Norris, 98-739 (Per Curiam), Pro Se Motion for Declaratory Judgment denied and appeal dismissed December 2, 1998.
Wright v. State, CR 98-926 (Per Curiam), Pro Se Motion to Have Appellee File Supplemental Abstract denied December 3, 1998.
W. H. "DUB" ARNOLD, CHIEF JUSTICE: 98-480. James L. Efurd, Qujette Efurd, Quinton V. Brandon, and Joyce L. Brandon v. Lee Hackler and Patricia Hackler, Kenneth Ross, Sheriff of Franklin County, from Franklin Chancery. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
DAVID NEWBERN, JUSTICE: 97-1564. Lawhon Farm Services et al. v. James R. Brown, from Arkansas Workers' Compensation Commission. Workers' Compensation Commission Affirmed. Arkansas Court of Appeals Affirmed. Corbin, J., not participating. (13 PAGES PUBLISHED) [HTML, WP5.1]
ROBERT L. BROWN, JUSTICE: 97-1028. Farm Bureau Policy Holders and Members, Dennis Lee, Class Representative v. Farm Bureau Mutual Insurance Company of Arkansas, Inc. and Southern Farm Bureau Casualty Insurance Company, from Chicot Chancery. Affirmed. Special Justices Mike Rainwater, David Ethredge, Patricia Hays, and Jack Lassiter join. Glaze, Corbin, Imber, and Thornton, JJ., not participating. (19 PAGES PUBLISHED) [HTML, WP5.1]
98-553. City of Maumelle, Arkansas v. Maumelle Lodge of the Fraternal Order of Police, Jeffery D. Sackoff and Jimmy P. Hansard, from Pulaski Circuit. Affirmed. (3 PAGES PUBLISHED) [HTML, WP5.1]
ANNABELLE CLINTON IMBER, JUSTICE: 98-424. Donna Douglas et al. v. Steve Holbert, from Garland Probate. Reversed and Remanded. (11 PAGES PUBLISHED) [HTML, WP5.1]
RAY THORNTON, JUSTICE: CR98-505. Lajarrette Booker v. State of Arkansas, from Mississippi Circuit. Affirmed. (11 PAGES PUBLISHED) [HTML, WP5.1]
98-434. Sue Burke v. Vicki Strange and The City of Huntington, from Sebastian Circuit. Affirmed. (5 PAGES PUBLISHED) [HTML, WP5.1]
REHEARINGS DENIED: Petitions for rehearing were denied today in the following cases.
CR97-902. Darrell Dennis v. State of Arkansas, from Pulaski Circuit. (pro se) See per curiam this date. (2 PAGES UNPUBLISHED)
98-102. Arkansas Board of Examiners in Counseling v. Mary Pat Carlson, from Miller Circuit.
CR98-743. Stacey Eugene Johnson v. State of Arkansas, from Sevier Circuit. Appellant's motion for access to sealed records is granted. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
CR97-1415. Joe Louis Dansby v. State of Arkansas, from Nevada Circuit. Joint motion for compliance is granted.
CR98-791. Harry L. Cole v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellee's motion to consolidate records is granted.
98-538. Larica Wade v. Arkansas Department of Human Services, from Union Chancery. Appellant's motion for extension of time to file brief is granted.
CR98-919. William Ray Hancock v. State of Arkansas, from Franklin Circuit, Northern District. Pro se motion for extension of time to file appellant's brief. Motion granted. See per curiam this date. (1 PAGE UNPUBLISHED)
CR98-926. Calvin Clyde Wright v. State of Arkansas, from Pulaski Circuit. Pro se motion to have appellee file supplemental abstract. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
CR98-1262. Ricky Lee Scott v. Honorable L. T. Simes, Judge, from Cross Circuit. Pro se petition for writ of mandamus and pro se petition for writ of prohibition. Petitions moot. See per curiam this date. (1 PAGE UNPUBLISHED)
98-547. Howard W. Jones v. State of Arkansas, from Pulaski Circuit. Pro se motion for appointment of counsel. Motion for appointment of counsel denied. See per curiam this date. (2 PAGES UNPUBLISHED)
98-739. David E. Williams v. Larry Norris, Director, Arkansas Department of Correction, from Jefferson Circuit. Pro se motion for declaratory judgment. Motion denied and appeal dismissed. See per curiam this date. (3 PAGES UNPUBLISHED)
CACR96-903. Kevin Speed v. State of Arkansas, from Phillips Circuit. Pro se motion for photocopy of trial transcript and other material at public expense. Motion denied. See per curiam this date. (2 PAGES UNPUBLISHED)
In Re: Rules of Criminal Procedure, Rules 8.2 and 8.6. See per curiam this date. (3 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Rules of Appellate Procedure -- Criminal, Rule 3. See per curiam this date. (2 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Adoption of Administrative Order Number 11 -- Arkansas Code of Professional Responsibility for Interpreters in the Judiciary. See per curiam this date. (11 PAGES PUBLISHED) [HTML, WP5.1]
In Re: Supreme Court Committee on Child Support. See per curiam this date. (1 PAGE PUBLISHED) [HTML, WP5.1]
Retired Chancellor Warren Kimbrough and Attorney Cathleen Compton are hereby appointed to the Committee on Child Support for four-year terms to expire on November 30, 2002.
The Court expresses thanks to Judge Kimbrough and Attorney Compton for accepting reappointment to this most important committee.
98-118. Merchants Bonding Company v. Estate of Rebecca Lynn Starkey, Citizens National Bank of Hope, Arkansas, Guardian, from Miller Probate. Motion to reschedule oral argument is granted. (Proceedings of December 1, 1998)
PETITION FOR REHEARING:
98-299. Andrew Sturgis and Vanessia Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division.
PETITIONS FOR REVIEW:
98-1288. Michael Scott Campbell v. Bonnie Campbell, from Sebastian Chancery.
98-1317. Drew Malone Raines III et al. v. First Nationwide Mortgage Corporation et al., from Pulaski Chancery, Sixth Division.
CR98-256. Antonio Williams v. State of Arkansas, from Crittenden Circuit. Petition of Antonio Williams for writ of error coram nobis or petition to reinvest the trial court with jurisdiction to hear a motion for new trial.
CR98-256. Kendrick Gillum v. State of Arkansas, from Crittenden Circuit. Petition of Kendrick Gillum for writ of error coram nobis or petition to reinvest the trial court with jurisdiction to hear a motion for new trial.
CR98-463. Timothy Wayne Kemp v. State of Arkansas, from Pulaski Circuit, First Division. Motion to stay mandate.
CR98-703. Howard Vance Garner v. State of Arkansas, from Garland Circuit. Appellant's motion to file supplemental abstract with reply brief or in the alternative, file a substituted appellant's brief.
CR98-1128. Robert L. Doss v. State of Arkansas, from Sharp Circuit. Second motion for extension of time to file brief.
CR98-1250. James I. Johnson v. State of Arkansas, from Cleburne Circuit. Appellee's motion for reconsideration.
CR98-1295. Michael Ryan Webb v. State of Arkansas, from Pulaski Circuit, First Division. Appellant's motion to supplement the record.
CR98-1358. Shane Pack v. State of Arkansas, from Pulaski Circuit, Seventh Division. Motion and amended motion to file belated appeal.
CR98-1394. State of Arkansas v. Robert A. Robbins, from Craighead Circuit, Western District. Petition for writ of certiorari.
98-299. Andrew Sturgis and Vanessia Sturgis v. Theodore C. Skokos and Randy Coleman, from Pulaski Circuit, Sixth Division. Appellee's motion for brief costs.
98-626. The Estate of Dennis R. Donley et al. v. Pace Industries, Inc. et al., from Carroll Circuit, Eastern District. Motion to reinstate appeal.
98-990. St. Paul Fire & Marine Insurance Co. v. Griffin Construction Co., Inc., from Sebastian Circuit, Fort Smith District. Appellee's motion to dismiss appeal.
98-990. St. Paul Fire & Marine Insurance Co. v. Griffin Construction Co., Inc., from Sebastian Circuit, Fort Smith District. Appellee's motion for extension of time to file brief.
98-1369. In Re: Rules Governing Professional Conduct, an original action. Petition of Pulaski County Bar Association to revise the Arkansas Rules of Professional Conduct.
98-1397. In the Matter of the Estate of Anna Ruth Warfield, Deceased v. Max H. Hart et al., from Chicot Probate. Motion of appellee Jo Ann Coleman to dismiss appeal.
CACR98-613. Jon David Browning v. State of Arkansas, from Jefferson Circuit. Appellee's motion to dismiss appeal or in the alternative, for extension of time to file brief.
98-30. Charles Hambay v. Carolyn Williams, Carroll County Assessor, from Carroll Chancery, Eastern District. Argued orally.
98-82. Richard A. Weiss, Director, Department of Finance and Administration v. Chem-Fab Corporation, from Garland Chancery. Argued orally.
98-564. Winston Bryant, Attorney General v. Richard Weiss, Director, Department of Finance and Administration, from Pulaski Circuit, Sixth Division.
98-618. Robert H. Kinkead v. Carol Ann Kinkead, from Pulaski Chancery, Fifth Division.
98-738. Laurie Cleek v. Great Southern Metals, from Workers' Compensation Commission.
98-767. James H. Aycock III v. James Hervey Aycock, Jr., from Craighead Chancery, Western District.
98-1303. Don Jenkins and Republican State Committee v. Hon. David Bogard, Judge et al., from Pulaski Circuit, Sixth Division.
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