{
  "id": 12022027,
  "name": "Mary Ann HOLT, J.D. McClard, Joe McClard, and Joe Pulliam, Individually and as Arkansans Against a Second Monopoly - Amendment 4, and All Others Similarly Situated, Petitioners v. Sharon PRIEST, Secretary of State of the State of Arkansas, Respondent; Craig Douglass, On Behalf of Arkansans for Amendment 4 Committee, Intervenor",
  "name_abbreviation": "Holt v. Priest",
  "decision_date": "1996-10-15",
  "docket_number": "96-1156",
  "first_page": "277",
  "last_page": "278",
  "citations": [
    {
      "type": "official",
      "cite": "326 Ark. 277"
    },
    {
      "type": "parallel",
      "cite": "930 S.W.2d 359"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "319 Ark. 369",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1453556
      ],
      "weight": 2,
      "year": 1995,
      "pin_cites": [
        {
          "parenthetical": "per curiam"
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        {
          "parenthetical": "per curiam"
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      "opinion_index": 0,
      "case_paths": [
        "/ark/319/0369-01"
      ]
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  "last_updated": "2023-07-14T22:12:03.555215+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary Ann HOLT, J.D. McClard, Joe McClard, and Joe Pulliam, Individually and as Arkansans Against a Second Monopoly \u2014 Amendment 4, and All Others Similarly Situated, Petitioners v. Sharon PRIEST, Secretary of State of the State of Arkansas, Respondent; Craig Douglass, On Behalf of Arkansans for Amendment 4 Committee, Intervenor"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nOn September 27, 1996, an original action was filed in this court seeking an order invalidating a proposed constitutional amendment offered under Amendment 7 to the Arkansas Constitution, enjoining the respondent from placing the proposed initiated constitutional amendment on the November 5, 1996 general election ballot, and directing that any votes cast thereon not be counted or certified because the petition contained invalid signatures and other irregularities. The petitioners\u2019 Motion for Expedited Scheduling, For Appointment of a Master, and For Leave of the Court to Take Depositions was filed October 9, 1996.\nThe original action filed by the parties raises issues of fact. Arkansas Supreme Court Rule 6-5 (b) provides that evidence on issues of fact will be taken by a Master to be appointed by this court. Therefore, we appoint the Honorable Gerald Brown as Master and direct him to conduct such proceedings and hearings subject to and in accordance with our Rule 6-5(a) and Rule 53, Arkansas Rules of Civil Procedure, as are necessary to determine whether the allegations contained in the original action petition are true and to file his report with this court by October 24, 1996.\nArkansas Supreme Court Rule 6-5 (b) provides in pertinent part:\nAs a condition to the appointment of a master, the Court may require both parties to file a bond for costs to be approved by the Clerk.\nAll costs are to be shared equally between the petitioners and the intervenor as the respondent, Sharon Priest, Secretary of State, is not subject to payment of costs because of sovereign immunity. Bailey v. McCuen, 319 Ark. 369, 891 S.W.2d 797 (1995) (per curiam). Petitioners and intervenor are directed to file a bond, to be approved by the clerk, to secure payment of costs adjudged against them incurred in taking and transcribing the proof, including the Master\u2019s fee.\nIn addition, the Master is instructed to set a deposition schedule so that discovery will be completed in sufficient time for him to submit his findings to this court on October 24, 1996.\nFinally, an expedited briefing schedule is established as follows: simultaneous opening briefs from all parties by 4:00 p.m. October 28, 1996; reply briefs, if any, by 4:00 p.m. October 30, 1996.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Q. Byrunt Hurst, Jr., and Mark Justin Riable, for petitioners.",
      "Winston Bryant, Att\u2019y Gen., by; Kay J. Jackson DeMailly, Asst. Att\u2019y Gen., for respondent.",
      "Kevin Arlen Crass, for intervenor."
    ],
    "corrections": "",
    "head_matter": "Mary Ann HOLT, J.D. McClard, Joe McClard, and Joe Pulliam, Individually and as Arkansans Against a Second Monopoly \u2014 Amendment 4, and All Others Similarly Situated, Petitioners v. Sharon PRIEST, Secretary of State of the State of Arkansas, Respondent; Craig Douglass, On Behalf of Arkansans for Amendment 4 Committee, Intervenor\n96-1156\n930 S.W.2d 359\nSupreme Court of Arkansas\nOpinion delivered October 15, 1996\nQ. Byrunt Hurst, Jr., and Mark Justin Riable, for petitioners.\nWinston Bryant, Att\u2019y Gen., by; Kay J. Jackson DeMailly, Asst. Att\u2019y Gen., for respondent.\nKevin Arlen Crass, for intervenor."
  },
  "file_name": "0277-01",
  "first_page_order": 311,
  "last_page_order": 312
}
