Lack of fitness to proceed — Motions without defendant's personal participation
Applied in 1 court decision — leading case 2011 Ark. App. 104 - Smith v. State (2011)
Most recently applied in 2011 Ark. App. 104 - Smith v. State (February 2011)
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: Indictment is insufficient;
(2) Statute of limitations has run; or
(3) Prosecution is barred by a former prosecution; or
(4) Any other ground that the court deems susceptible of fair determination prior to trial.
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.