Ark. Code Ann. » Title 5 Chapter 02
Arkansas Code Annotated

Ark. Code Ann. § 5-2-311 (2026)

Lack of fitness to proceed — Motions without defendant's personal participation

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar

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:
    1. Indictment is insufficient;
    2. Statute of limitations has run; or
    3. Prosecution is barred by a former prosecution; or
  2. Any other ground that the court deems susceptible of fair determination prior to trial.

History. Acts 1975, No. 280, § 608; A.S.A. 1947, § 41-608.

Case Notes

Cited: Addison v. State, 298 Ark. 1, 765 S.W.2d 566 (1989).

Notes of Decisions
Cited in 2 cases, 1990–2011 · leading case: Hudson v. State, 799 S.W.2d 529 (Ark. 1990).
Sort: Relevance Newest Treatment
Hudson v. State, 799 S.W.2d 529 (Ark. 1990). · cites it 2× “s notice that he intends to rely upon the defense of mental disease or *531 defect, or there is reason to believe that mental disease or defect of the defendant will or has become an issue in the cause; or (2) Files notice that he will put in issue his fitness to proceed, or…”
Smith v. State, 380 S.W.3d 524 (Ark. Ct. App. 2011). · cites it 2× “Ark.Code Ann. § 5-2-311, entitled "Incapacitated defendants, motions,” is not pertinent to the present case.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.