Arkansas Code Annotated

Ark. Code Ann. § 5-2-306 (2020)

Access to defendant by examiners of his or her choice

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When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination.

History. Acts 1975, No. 280, § 610; A.S.A. 1947, § 41-610.

Case Notes

In General.

Court did not err in denying a motion for an independent mental evaluation or for failing to hold a mental competency hearing where a mental evaluation had been performed on defendant at his request, a hearing to determine fitness to proceed was also held, and defendant presented no evidence to cast doubt on his fitness to proceed. Avery v. State, 93 Ark. App. 112, 217 S.W.3d 162 (2005).

Timely Request.

Defendant's motion for continuance filed the day before trial to obtain an independent examination to support an affirmative defense of lack of criminal responsibility was properly denied as he had ample time to pursue an independent evaluation before trial, but instead planned to wait and see what the state hospital's report would conclude before seeking to obtain his own experts for an evaluation; although the state hospital's report was not provided until shortly before trial, a defendant who employs such a “wait and see” strategy is not acting diligently in attempting to secure the necessary information on which to build a defense of mental disease or defect. In addition, defendant failed to show any prejudice from the denial of the continuance. Hendrix v. State, 2019 Ark. 351, 588 S.W.3d 17 (2019).

Notes of Decisions
Cited in 2 cases, 2005–2019 · leading case: Avery v. State, 217 S.W.3d 162 (Ark. Ct. App. 2005).
Avery v. State, 217 S.W.3d 162 (Ark. Ct. App. 2005). · cites it 2× “Ark. Code Ann. § 5-2-306 (Repl. 1997). Additionally, Ark.”
Roy A. Hendrix v. State of Arkansas, 2019 Ark. 351. “§ 5-2-306 (Repl. 2013). Further, “[i]f a defendant wishes to be examined by an expert of his or her own choosing, the circuit court shall provide the expert with reasonable opportunity to examine the defendant upon a timely request.”
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