Appellant James Butler appeals from the judgment and commitment order of the Garland County Circuit Court, convicting him of two counts of rape and sentencing him to life imprisonment on each count, to be served consecutively. His sole point on appeal is that the circuit court abused its discretion in admitting certain evidence over his objections in accordance with Arkansas Rule of Evidence 404(b) (2009). We find no error and affirm Butler's convictions and sentence... Because Butler does not...  

Appellant appeals his convictions for possession of a controlled substance, possession of drug paraphernalia, and carrying a weapon. On appeal, he asserts that the circuit court erred in (1) denying his motion to dismiss on the charge of carrying a weapon, and (2) denying his motion to suppress all evidence resulting from the search of his vehicle. Because we granted the State's petition for review of this case, this court has jurisdiction pursuant to Ark. Sup. Ct. R. 1-2(e). We affirm... In a...  

Ernst & Young, LLP (E&Y) appeals from a judgment entered in Sebastian County Circuit Court finding E&Y liable for fraud, constructive fraud, and professional negligence. Compensatory and punitive damages were awarded to appellees Benjamin H. Reid, Jr., and to William R. Stell, individually and as Trustee of the W.B. Stell Charitable Remainder Unitrust. E&Y asserts multiple points on appeal including that the action was precluded by the applicable statutes of limitation. We agree and reverse and...  

On November 6, 2003, judgment was entered reflecting that petitioner Corey Johnson had been found guilty by a jury of two counts of aggravated robbery and sentenced to an aggregate term of 480 months' imprisonment. The Arkansas Court of Appeals affirmed... ... ... Johnson v. State, CACR 04-258 (Ark. App. Feb. 2, 2005) (unpublished)... On March 21, 2005, petitioner timely filed in the trial court a pro se petition for postconviction relief pursuant to Arkansas Criminal Procedure Rule 37.1...  

Today, we adopt amendments to Administrative Orders Nos. 1, 14, and 16 and republish these orders as set out below. The amendments are effective immediately. These amendments relate to the process for selecting temporary judges either by assignment (Administrative Order No. 16) or election (Administrative Order No. 1)... On October 22, 2009, we published for comment proposed changes to Administrative Order No. 1. In re Proposed Amendments to Administrative Order No. 1, 2009 Ark. 519 (per...  

Today, we amend Administrative Order Number 6 by adding subsections (d) (7-9). The addition of subsection (d) (9) is to allow for the recording and broadcasting of oral arguments of the Supreme Court and Court of Appeals. Equipping the courtroom is near completion, and an announcement will be forthcoming as to implementation in the 2010 Fall Term of Court... We adopt these amendments to Administrative Order Number 6 to be effective immediately and republish the order as set out below......  

Appellant Melvin Smith, Jr., who is incarcerated in the Arkansas Department of Correction ("ADC") serving a sentence of life without parole, filed a pro se petition in Jefferson County Circuit Court for a writ of mandamus. Appellant sought to compel the named defendants, in their official capacities as chairman of the board of parole and director of the ADC,1 to schedule a hearing for appellant's release. The circuit court entered an order denying the petition, and appellant lodged an...  

In 2001, appellant Eric C. Burgie was found guilty by a jury of capital murder and aggravated robbery. The State waived the death penalty for capital murder, and an aggregate sentence of life imprisonment without parole was imposed. We affirmed. Burgie v. State, CR 02-90 (Ark. Feb. 20, 2003) (unpublished per curiam)... On October 26, 2009, appellant filed in the circuit court in the county where he was incarcerated a pro se petition for writ of habeas corpus pursuant to Arkansas Code Annotated...  

Appellant Joe Louis Kelley, by and through his counsel, Mark Hampton moves this court for permission to file a belated brief. Appellant is appealing an order from the Jefferson County Circuit Court denying his petition for writ of mandamus and request for declaratory relief, wherein he challenges the Arkansas Department of Correction's computation of his sentences and its determination that those separate sentences must be served consecutively and not concurrently. After a final extension,...  

In 2006, appellant Jimmy Ed Lee entered a plea of guilty to possession of drug paraphernalia with intent to manufacture a controlled substance. He was placed on probation for a term of five years and fined $2900. In 2007, the State filed a petition to revoke probation, alleging appellant's failure to comply with the written conditions of probation. The petition was granted, and appellant was sentenced to a term of 240 months' imprisonment and ordered to pay the original fine and costs. The...  

In our per curiam order, In re Bar of Arkansas License Fees, 346 Ark. App'x 574 (2001), we allocated a portion of each annual license fee paid to the Clerk of the Supreme Court to the Arkansas Lawyers Assistance Program. In 2004, we increased the allocation to $20.00 in order to provide adequate services to assist lawyers and judges suffering from physical or mental disabilities. In re Bar of Arkansas License Fees and Allocation to ARLAP, 358 Ark. App'x 505 (2004) (per curiam)... Today, for...  

Respondent Timothy Mark Hall was personally served with a petition for disbarment on September 19, 2009. When Mr. Hall failed to respond, and attempts by the Committee on Professional Conduct to locate Mr. Hall failed, the Committee moved for default judgment and an order of disbarment based upon the facts in its original petition, which alleged serious misconduct on the part of Mr. Hall. On December 17, 2009, this court appointed a special master, the Honorable Rice VanAusdall, to make...  

Appellant Robert D. Loggins was convicted of one count each of simultaneous possession of drugs and firearms, possession of drug paraphernalia, maintaining a drug premises, and two counts of possession of a controlled substance with intent to deliver. He was sentenced to life imprisonment on the simultaneous-possession charge and consecutive terms of imprisonment totaling 1,344 months on the remaining convictions. His sole point on appeal is that there was insufficient evidence supporting his...  

A Washington County jury convicted Appellant Zachariah Marcyniuk of capital murder and sentenced him to death by lethal injection.1 On appeal, appellant claims that the circuit court erred in denying his motions for directed verdict, that the circuit court erred in allowing certain photographs into evidence and permitting the State to enlarge photographs of the victim on a projection screen, and that the circuit court erred in denying his motion to suppress statements appellant made during a...  

Upon his confirmation as a United States District Court Judge for the Eastern District of Arkansas, Judge Price Marshall Jr. tendered his resignation as the Reporter for the Supreme Court Committee on Civil Practice. We take this opportunity to thank Judge Marshall for his service to the state and to congratulate him on his appointment to the federal bench... Judge Marshall has ably served as the Reporter for the Civil Practice Committee since 2004. Prior to that, he served a number of years as...  

We previously published for comment the recommendations of the Supreme Court Committee on Criminal Practice to amend Arkansas Rule of Appellate Procedure-Criminal 16(a). Today, we adopt the amendment as set out below and republish the rule. This amendment shall be effective July 1, 2010... We also published for comment an amendment to Arkansas Rule of Criminal Procedure 27.3. In reviewing the comments received to this proposed change, we have decided to refer it back to the committee for...  

Appellants Carroll W. Smith and Lorene R. Smith appeal from a White County Circuit Court order finding that Appellee Arkansas Midstream Gas Services Corporation (Midstream) had the authority to exercise the power of eminent domain over the Smiths' land in order to construct and maintain a natural gas pipeline. The Smiths present several issues on appeal. We affirm the order of the circuit court... Midstream is an Arkansas pipeline company presently engaged in a project to construct a pipeline...  

Appellants Kevin R. Walters, Jacqueline W. Walters, and Payne A. Walters appeal from the order of the circuit court granting the motion for summary judgment of appellees James Dobbins, John Ward, and the Horatio School District (collectively, "the District") and dismissing the Walterses' complaint with prejudice. The Walterses had sued the District after Payne Walters was suspended from school for his actions taken while speaking at a school event. The Walterses assert three points on...  

Jim Moore was the last record owner of a five-acre tract of land. He died with many heirs, and there was no administration of his estate. Appellants, three heirs of Jim Moore, redeemed the five acres by paying taxes for the years 1994-2000 and have paid all property taxes thereon since 2001. Appellants were granted a decree quieting title in them against all other heirs of Jim Moore in 2006. In October 2006, appellants filed a complaint for ejectment against appellees, who ostensibly purchased...  

Appellant Willie Patton was convicted by a jury of possessing cocaine with intent to deliver, simultaneously possessing drugs and firearms, and being a felon in possession of a firearm. He was sentenced to three consecutive twenty-year terms of imprisonment. On appeal, he admits that he illegally possessed cocaine, but he contends that the evidence was insufficient to sustain his other convictions because there was insufficient evidence presented that he possessed a firearm. We disagree and...