Ark. Code Ann. § 5-2-311
Lack of fitness to proceed - Motions without defendant's personal participation
Year: 2026Length: 170 words
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.