Ark. Code Ann. § 5-2-311
This is the official text of Ark. Code Ann. § 5-2-311, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Lack of fitness to proceed - Motions without defendant's personal participation
Official statutory text
The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon: (1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or (2) Any other ground that the court deems susceptible of fair determination prior to trial. Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.
The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:
(1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or
(A) Indictment is insufficient;
(B) Statute of limitations has run; or
(C) Prosecution is barred by a former prosecution; or
(2) Any other ground that the court deems susceptible of fair determination prior to trial.
Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.
The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:
(1) A ground that the: (A) Indictment is insufficient; (B) Statute of limitations has run; or (C) Prosecution is barred by a former prosecution; or
(A) Indictment is insufficient;
(B) Statute of limitations has run; or
(C) Prosecution is barred by a former prosecution; or
(2) Any other ground that the court deems susceptible of fair determination prior to trial.
Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.
Status: in_force
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