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.