We are presented with a question of law certified to us from the United States Bankruptcy Court, Eastern District of Arkansas, in accordance with Ark. Sup. Ct. R. 6-8 (2010), and accepted on January 21, 2010. Wetzel v. Mortgage Elec. Reg. Sys. Inc., 2010 Ark. 31, ___ S.W.3d ___ (2010) (per curiam). The question certified is... [w]hether an affidavit of lost mortgage with a copy of the mortgage appended, or merely a copy of an admittedly lost original mortgage, separately or collectively...  

In this original action, petitioner Brandon Woodrome seeks this court's review of the Secretary of State's determination regarding the legal sufficiency of a statewide initiative petition. The petition, sponsored by the "Arkansas Progressive Group,"1 bears the popular... ... ... name "A Constitutional Amendment to Repeal All State Taxes and Establish A Flat Rate Sales Tax." On December 21, 2009, the Arkansas Progressive Group submitted its proposed popular name and ballot title...  

Appellant Richard Adams appeals the decision of the circuit court of Washington County denying appellant's motion to review and reduce child support. On appeal, appellant argues that the trial court erred in refusing to hear evidence that his child-support obligations should be reduced due to a material change in circumstances affecting his income and that the trial court erred in summarily dismissing his petition solely because he voluntarily resigned his position as a university English...  

Christopher Cody Anderson was convicted by a jury of misdemeanor furnishing alcohol to a minor and felony fourth-degree sexual assault, a Class D felony, for acts he committed at age twenty-two on May 10, 2007, when the victim was fifteen. The jury fixed his respective sentences at thirty days with a $100 fine and at two years' imprisonment in the Arkansas Department of Correction, and the circuit court pronounced sentence in accord with the jury's decision. Anderson raises one point on appeal,...  

Arkansas Alcoholic Beverage Control Board approved the granting of a permit to Lamar's Bistro, Inc., to sell alcoholic beverages as a private club within the Bayou Bistro restaurant in the City of Magnolia. Magnolia is the county seat of Columbia County, a dry county. Various Columbia County residents, who opposed the permit before the Board, appealed to circuit court, which approved the Board's actions. In this appeal, those residents in opposition are the appellants, and both the Board and...  

Appellant D.B. appeals his adjudication of delinquency by an Independence County Circuit Court on one count of rape, a Class Y felony, pursuant to Arkansas Code Annotated section 5-14-103(a)(3)(A) (Supp. 2009). He was ordered to complete the sexual-offender program at the Division of Youth Services, after which he was placed on probation for one year. Appellant's sole issue on appeal is that the evidence was insufficient to support the adjudication of delinquency. We affirm... On November 19,...  

A Crawford County jury convicted appellant Chad Anthony Gaines of two counts of rape in violation of Arkansas Code Annotated section 5-14-103 (Supp. 2007). The jury sentenced appellant to the minimum sentence for the charged offenses, two twenty-five year sentences to be served concurrently. On appeal, appellant argues that the trial court erred in failing to sua sponte issue a curative instruction to potential jurors in response to the prosecutor's alleged misstatement of the law during voir...  

Appellant Tashika Higgins was found guilty of misdemeanor battery in the third degree and misdemeanor theft of property. She was sentenced to one year in the Pulaski County Jail, suspended, and was given twelve days' jail credit. Higgins argues on appeal that the evidence was insufficient to support her theft-of-property conviction. We affirm Higgins's conviction because she did not preserve this issue for our review.1... Higgins was charged with robbery and misdemeanor theft of property on...  

Appellant Laquince Hogan was convicted by a jury of possession of cocaine with intent to deliver and possession of marijuana. Mr. Hogan was sentenced as a habitual offender to 125 years in prison, to be served concurrently with a one-year jail sentence. On appeal, Mr. Hogan argues that there was insufficient evidence to support the verdicts because the State failed to prove that he resided at the house where the search warrant was executed. In addition, he contends that the trial court abused...  

Appellant pled guilty to one felony and two misdemeanor violations of the Arkansas Hot Check Law, Ark. Code Ann. § 5-37-302 (Repl. 2006), and was placed on probation. A petition to revoke was filed within the probationary period alleging that appellant violated the conditions of his probation by failing to report to his probation officer, failing to pay fines and fees, failing to complete community service, and failing to report a change of address as required by the written conditions of...  

In this appeal from a foreclosure decree, the Circuit Court of Pulaski County awarded judgment on a promissory note in the amount of $635,444.87 with accumulated interest from the date of default to the day of trial. For reversal, appellant Kennedy Funding, Inc., a junior lienholder, argues that the note executed in favor of appellees Virgil Shelton, Beverly Shelton, and John Shelton,1 the superior lienholders, was usurious on its face and that the circuit court erred in ruling otherwise....  

Diana Lancaster sued her employer, appellee Red Robin International, Inc., appellee Steve Reiger (Red Robin's general manager), appellee Jason Riddle (Red Robin's service manager), appellee Matthew Natividad (a co-worker), and Kayla Neitzel (a co-worker) for slander. The circuit court granted summary judgment to all appellees. It also imposed sanctions under Arkansas Rule of Civil Procedure 11 against appellant in favor of Natividad and Neitzel, and ordered appellant's attorney, Harry...  

Harvey Tyson Lewis appeals from an order of the Sebastian County Circuit Court revoking his suspended sentences for breaking or entering. In its March 18, 2009 petition to revoke Lewis's suspended sentence, the State alleged that in 2009, Lewis had failed to pay his court-ordered fees and costs. It also alleged that in 2009, Lewis had committed the offenses of theft of property and second-degree terroristic threatening on March 1; theft by receiving on March 5 and 6; and aggravated robbery,...  

On April 14, 2010, this court handed down an opinion in this case in which we affirmed the trial court's order adjudicating Bethany Myers's children dependent-neglected. Myers has filed a petition for rehearing. In response to her petition, which alleged that this court's decision contained mistakes of law and fact, we issue this substituted opinion correcting a nonmaterial mistake of fact and deny Myers's petition... Myers and her husband, Jim, are the parents of R.M., N.M.1, M.M., J.M., E.M.,...  

Donnell Robinson was convicted of committing a terroristic act and being a felon in possession of a firearm. He was sentenced to two consecutive thirty-year terms of imprisonment and ordered to pay a $10,000 fine. On appeal, Robinson argues that (1) the trial court erred in finding that he waived his right to counsel, (2) the trial court denied his Sixth Amendment right to counsel by denying his motion for a continuance and failing to render a timely ruling on his oral motion to dismiss his...  

Appellant Tammie Shannon appeals from an order of the Craighead County Circuit Court granting appellee James McJunkins's petition to modify custody; ordering appellant to pay child support in the amount of $140 beginning on December 19, 2008; and setting appellant's visitation. On appeal, appellant asserts two points for reversal: (1) the trial court erred in ruling that Ms. Shannon and Mr. McJunkins were awarded joint custody in the original divorce decree; and (2) the trial court erred in...  

This court handed down an opinion on April 14, 2010, affirming the trial court's order adjudicating appellant Don Thorne's children dependent-neglected. The same day, we issued an opinion affirming the trial court's order adjudicating the children of Bethany Myers dependent-neglected, in part for the same reasons expressed in our decision affirming the order in Thorne's case. Myers v. Arkansas Dep't of Human Servs., 2010 Ark. App. 326. Thorne and Myers filed petitions for rehearing alleging...  

Appellant T.C., a minor, appeals from an order of the Ouachita County Circuit Court adjudicating him delinquent on the charge of second-degree murder for the death of his sister, Kaylee, and committing him to the Division of Youth Services. He raises six points on appeal: (1) that the circuit judge erred by denying his motion to suppress his statement; (2) that the circuit judge erred in finding that his statement was reliable; (3) that there was insufficient evidence for the circuit judge to...  

Edward Lee Carter was found guilty by a jury of aggravated robbery in violation of Arkansas Code Annotated § 5-12-102(a) (Repl. 2006), and he was sentenced to 360 months' imprisonment in the Arkansas Department of Correction. The Arkansas Court of Appeals affirmed, and its mandate was issued on November 10, 2009. Carter v. State, 2009 Ark. App. 683. Also on November 10, 2009, appellant filed a petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2009).1...  

On March 18, 2009, judgment was entered reflecting that petitioner Brian Charland had been found guilty by a jury of three counts of rape. An aggregate sentence of 75 years' imprisonment was imposed. Petitioner was represented at trial by his retained attorney, Cindy Baker, who timely filed a motion for new trial. The motion was denied on April 21, 2009. Counsel filed a timely notice of appeal from the judgment on May 15, 2009. On May 20, 2009, the trial court declared petitioner indigent for...