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Ark. Code Ann. § 16-90-205

Trial procedure for habitual criminals

Applied in 5 court decisions — leading case Thomas v. State (1994)

Most recently applied in Doe v. ARKANSAS DEPT. OF HUMAN SERVICES (May 2004)

Acts 1967, No. 639, § 2; A.S.A. 1947, § 43-2330.1.

How often courts cite this section

19912000200420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The following trial procedure shall be adhered to in cases involving habitual criminals:

(1) The jury shall first hear all of the evidence pertaining to the current charge against the defendant and shall retire to reach its verdict as to this charge based only upon the evidence. However, nothing in this subdivision (1) shall prohibit cross-examination of a defendant as to previous convictions when the defendant takes the stand in his or her own defense;

(2) If the defendant is found guilty, the same jury shall sit again and hear evidence of the defendant's prior conviction or convictions. However, the defendant shall have the right to deny the existence of any prior convictions and to offer evidence in support of this denial; and

(3) The jury shall again retire, and if it is found that one (1) or more prior convictions exist or if the defendant admits the previous conviction or convictions, then the prior conviction or convictions shall be considered in fixing the punishment for the current offense for which the defendant has been convicted in accordance with § 16-90-201.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.