Doyle Dewayne Frye was found guilty of rape and sentenced as a habitual offender to life imprisonment. An appeal from the judgment has been lodged in this court. Appellant Frye is represented on appeal by Tony Pirani, a full-time public defender. Mr. Pirani now asks that he be permitted to withdraw as counsel on the ground that he is ineligible for compensation for services as appellate counsel... Act 1370 of 2001, codified as Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2001), provides that...  

Appellant Michael David Koster appeals his convictions for possession of methamphetamine and possession of drug paraphernalia. Koster was sentenced to three years' imprisonment on each count to be served concurrently. Koster raises several points for reversal, contending that the circuit court erred: (1) in denying his motion to dismiss, where after jeopardy attached, a mistrial was declared sua sponte, without the consent of Koster, and absent evidence a mistrial was manifestly necessary; (2)...  

The State of Arkansas appeals from an order of the Pulaski County Circuit Court granting a motion to suppress filed by C.W., a minor. The State's only argument on appeal is that the circuit court erred in concluding that either the Fourth Amendment to the United States Constitution or Article 2, Section 15 of the Arkansas Constitution required a warrant to search C.W.'s shoe at school and in suppressing the drug evidence seized. The State contends that the appeal is interlocutory and that our...  

Appellant Prentis Lee Winkle appeals from his conviction for rape and his sentence to 120 months' imprisonment. Winkle presents three arguments on appeal: (1) the circuit court erred in admitting into evidence the investigative notes of F.B.I. agent Jon Brody; (2) the circuit court erred in admitting into evidence a prior statement of a witness; and (3) the circuit court erred in admitting into evidence a prior recorded conversation between a witness and the victim in this case. We affirm the...  

On October 4, 2007, we accepted certification of a question of Arkansas law submitted by the United States District Court for the Eastern District of Arkansas, requesting this court to answer whether an insurer can rely on a unilateral reservation of rights to recoup attorney's fees expended in defense of the insured, following a declaratory judgment that determined the insurer did not owe a duty to defend or indemnify the insured. Medical Liability Mut. Ins. Co. v. Alan Curtis Enterprises,...  

The municipality of Helena-West Helena, Arkansas, and Mayor J.F. Valley, Chief Executive Officer of Helena-West Helena (collectively "City"), appeal the issuance of a writ of mandamus by the circuit court. We reverse the issuance of the writ and dismiss... On July 6, 2007, Johnny Weaver, former mayor of the City of West Helena, filed a petition for a writ of mandamus and declaratory judgment with the Phillips County Circuit Court asking the circuit court to issue a writ of mandamus...  

Appellant James E. Evans, Jr., appeals the order of the Washington County Circuit Court transferring a suit for the recovery of attorney's fees filed in that court to the Jefferson County Circuit Court. On appeal, Evans argues that the trial court erred in ruling that (1) the objection to venue was not waived, and (2) he was required to obtain the permission of the Jefferson County Circuit Court to proceed against Appellee Metropolitan National Bank in Washington County... The record reflects...  

Earlier this year, in Seidenstricker Farms v. Doss, 372 Ark. 72, ___ S.W.3d ___ (2008), we heard an appeal on the merits of the instant case. In this second appeal, we are asked to review the circuit court's order granting attorney's fees... Appellant Seidenstricker Farms had a leasehold agreement with Appellees Warren and Etta Doss, and their predecessors, for several years. However, in 2001, the Dosses informed Seidenstricker Farms that the lease would be terminated for the following year....  

I respectfully dissent from the majority's decision reversing and remanding this case for a determination of "whether DPBS has stated a cause of action in illegal exaction." Although DPBS contends, and the majority agrees, that they are not pursuing an election contest, that is precisely what is at issue here... The effect of the majority's opinion is to allow a collateral attack on an election, outside the statutorily mandated twenty-day period, that, in my opinion, could lead to dire...  

Alvin Travis McCullough was found guilty of rape, kidnapping, and residential burglary and sentenced as a habitual offender to an aggregate term of life imprisonment to be served consecutively to sentences imposed in other cases. Fines totaling $30,000 were also imposed. An appeal from the judgment has been lodged in this court. Appellant McCullough is represented on appeal by Robert Scott Parks, a full-time public defender. Mr. Parks now asks that he be permitted to withdraw as counsel on the...  

Appellant South Flag Lake, Inc., by and through its attorney, John P. Verkamp, has filed a motion for rule on clerk. On January 17, 2008, the circuit court entered an order extending appellant's time to file the transcript on appeal until May 23, 2008. Appellant states that when it attempted to tender the record to this court's clerk on May 22, 2008, the clerk declined to docket the record due to lack of compliance with Rule 5(b)(1)(C) of the Arkansas Rules of Appellate Procedure —...  

Appellant, Jarsew, LLC, filed a motion for rule on clerk seeking an order of this court that the Arkansas Supreme Court Clerk accept their record and transcript for filing. Appellant attempted to file their record and transcript on May 30, 2008, under an extension of time granted by the circuit court on April 23, 20081, pursuant to a motion for extension under Ark. R. App. P.—Civil 5(b). The clerk refused the filing based upon a failure to comply with Ark. R. App. P.—Civil...  

Upon recommendation of the Supreme Court Committee on Professional Conduct, and in lieu of facing disciplinary proceedings for serious misconduct involving client funds, we hereby accept the voluntary surrender of the law license of Raymond E. Bornhoft, Fayetteville, Arkansas, to practice law in the State of Arkansas. Mr. Bornhoft's name shall be removed from the registry of licensed attorneys, and he is barred and enjoined from engaging in the practice of law in this state... It is so...  

The State appeals a circuit court order granting Eugene Johnson's motion to dismiss for lack of a speedy trial under Ark. R. Crim. P. 28. Johnson was arrested in Union County on May 16, 2006, and charged with rape and knowingly exposing another person to HIV.1 On August 20, 2007, Johnson filed a motion to dismiss the charges against him, asserting that the State violated his right to a speedy trial because he had not been tried within twelve months from the date of his arrest. According to...  

Honorable Larry W. Chandler of Magnolia, Circuit Judge, 13th Judicial Circuit, is appointed to our Board of Certified Court Reporter Examiners effective August 1, 2008, for a three-year term expiring on July 31, 2011. The court thanks him for his willingness to serve on this important board... The court expresses its gratitude to Judge Edwin Keaton of Camden for his valuable service to the board...  

Appellant, Paul Barron, was tried by a Carroll County jury and convicted of manufacturing a controlled substance, methamphetamine. His attorney, Mr. Phillip A. Moon, filed a motion to be relieved as counsel, alleging that there are no meritorious issues presented in this appeal. We ordered rebriefing because the abstract and argument portions of counsel's no-merit brief submitted pursuant to Anders v. California, 386 U.S. 738 (1967), failed to comply with the requirements of Anders and Ark....  

The Pulaski County Circuit Court entered judgment on a jury verdict in favor of appellee Rock Capital, LLC (Rock), on its complaint for breach of contract against appellant ThermoEnergy Corp. (TEC). The court also dismissed TEC's counterclaim. TEC argues two points for reversal, asserting that the court's ruling on an evidentiary matter was erroneous. Rock cross-appeals and raises five points concerning the denial of its motion for directed verdict on TEC's counterclaim, construction of the...  

Appellant, Sam N. Johns, appeals from an order of the Mississippi County Circuit Court finding that he willfully and contemptuously failed to pay the child-support arrearage and a second order sentencing him to 180 days in the Mississippi County Jail. Mr. Johns has two arguments on appeal. First, Mr. Johns argues that the trial court erred in finding him in contempt for failing to pay child support when the action was barred by the statute of limitations because the youngest child was more than...  

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, David Sanders's counsel has filed a motion to be relieved as counsel and a brief stating that this appeal is wholly without merit. Sanders was provided with a copy of his counsel's brief and notified of his right to file a pro se statement of points for reversal within thirty days. He filed no statement of points. The State informed the court that it does not...  

On June 15, 2007, the Faulkner County Circuit Court revoked the probation of Calvin Edward Donald and sentenced him to ten years' imprisonment. His attorney has filed a motion to withdraw as appellant's counsel. The motion was accompanied by a no-merit brief, pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(j), wherein counsel contends that all rulings adverse to his client are abstracted and discussed. Appellant has filed no pro se points for reversal. After...