VI. CRIMINAL LAW

A. GENERALLY.

 

1. When offense is committed. For the purposes of this section, an offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed. A.C.A. § 5-1-109(e) (Repl. 1997 & Supp. 2001).

 

2. Tolling. The period of limitation does not run during any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state, but in no event shall this provision extend the period of limitation otherwise applicable by more than three (3) years, or during any period when a prosecution against the accused for the same conduct is pending in this state. A.C.A. § 5-1-109(g) (Repl. 1997 & Supp. 2001).

 

B. APPEAL.

 

1. Time and method of taking appeal.

 

a. Notice of appeal. Within thirty (30) days from (1) the date of entry of a judgment, or (2) the date of entry of an order denying a post-trial motion under Ark. R. Crim. P. 33.3, or (3) the date a post-trial motion under Ark. R. Crim. P. 33.3 is deemed denied pursuant to subsection (b)(1) of this rule, or (4) the date of entry of an order denying a petition for postconviction relief under Ark. R. Crim. P. 37, the person desiring to appeal the judgment or order or both shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment or order or both being appealed. The notice shall also state whether the appeal is to the Court of Appeals or to the Supreme Court; and if to the Supreme Court, the appellant shall designate the applicable subdivision of Supreme Court Rule 1-2(a) which gives the Supreme Court jurisdiction. This declaration shall be for the purpose of placing the case with one court or the other for preliminary administration. It shall not preclude the appellant from filing his or her Brief pursuant to Supreme Court Rules 4-3 and 4-4 in the alternative court if that is later determined by the appellant to be appropriate. Ark. R. App. P 2(a) (2002).

 

b. Time for filing.

 

i. Filing notice of appeal before the entry of judgment; extension of period for filing notice of appeal following timely filing of post-trial motion. A notice o appeal filed after the trial court announces a decision but before the entry of the

judgment or order shall be treated as filed on the day after the judgment or order is entered. Upon timely filing in the trial court of a post-trial motion, the time for filing a notice of appeal shall be extended for all parties. The notice of appeal shall be filed within thirty (30) days from entry of the order disposing of the last motion outstanding. However, if the trial court neither grants nor denies the motion within thirty (30) days of its filing, the motion shall be deemed denied by operation of law as of the thirtieth day, and the notice of appeal shall be filed within thirty (30) days

from that date. Ark. R. App. P. 2(b)(1) (2002).

 

ii. Filing notice of appeal before disposition of any post-trial motions; amending previously filed notice of appeal of grant or denial of post-trial motion. A notice of appeal filed before disposition of any post-trial motions shall be treated as filed on the day after the entry of an order disposing of the last motion outstanding or the day after the motion is deemed denied by operation of law. Such a notice is effective to appeal the underlying judgment or order. A party who seeks to appeal from the grant or denial of the motion shall within thirty (30) days amend the previously filed notice, complying with subsection (a) of this rule. No additional fees will be required for filing an amended notice of appeal. Ark. R. App. P. 2(b)(2) (2002).

 

c. Failure to pursue appeal. Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validity of the appeal but shall be ground only for such action as the Supreme Court deems appropriate, which may include dismissal of the appeal. The Supreme Court may act upon and decide a case in which the notice of appeal was not given or the transcript of the trial record was not filed in the time prescribed, when a good reason for the omission is shown by affidavit. However, no motion for belated appeal shall be entertained by the Supreme Court unless application has been made to the Supreme Court within eighteen (18) months of

the date of entry of judgment or entry of the order denying postconviction relief from which the appeal is taken. If no judgment of conviction was entered of record within ten (10) days of the date sentence was pronounced, application for belated appeal must be made within eighteen (18) months of the date sentence was pronounced. Ark. R. App. P. 2(e) (2002).

 

d. Time extension when last day for action on Saturday, Sunday or holiday. Whenever the last day for taking any action under these rules or under the Rules of the Supreme Court and Court of Appeals falls on a Saturday, Sunday, or legal holiday, the time for such action shall be extended to the next business day. Ark. R. App. P. 17

(2002).

 

C. FELONIOUS CONDUCT IN OFFICE BY PUBLIC SERVANT. A prosecution may be commenced for any offense that is concealed involving felonious conduct in office by a public servant at any time within five (5) years after he leaves public office or employment, or within five (5) years after the offense is discovered or should reasonably have been discovered, whichever is sooner, but in no event shall this provision extend the period of limitation by

more than ten (10) years after the commission of the offense. A.C.A. § 5-1-109(c)(2) (Repl. 1977 & Supp. 2001).

 

D. FRAUD: CRIMINAL PROSECUTION AFTER DISCOVERY. Notwithstanding other periods of limitation, a prosecution may nevertheless be commenced for any offense involving either fraud or breach of a fiduciary obligation within one (1) year after the offense is discovered or should reasonably have been discovered by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense. A.C.A. § 5-1-109(c)(1) (Rep!. 1997 & Supp. 2001).

 

E. JUVENILE CODE.

 

1. Appeal. All appeals from juvenile court shall be made to the Arkansas Supreme Court or to the Arkansas Court of Appeals in the same time and manner provided for appeals from chancery court. A.C.A. § 9-27-343(a) (Repl. 2002).

 

2. Arrest without warrant: times for action. If no petition to adjudicate a juvenile taken into custody is filed within twenty-four (24) hours after a detention hearing or ninety-six (96) hours after a juvenile is taken into custody, whichever is sooner, the juvenile shall be discharged from custody, detention, or shelter care. A.C.A. § 9-27-313(f) (Repl. 2002).

 

3. Detention bearing for delinquent. If a juvenile is taken into custody on an allegation of delinquency and not released by the law enforcement officer or intake officer, a detention hearing shall be held as soon as possible but no later than seventy-two (72) hours after the juvenile was taken into custody or, if the seventy-two (72) hours ends on a Saturday, Sunday or holiday, on the next business day. Otherwise, the juvenile shall be released. A.C.A. § 9-27-326(a) (Repl. 2002).

 

4. Detention hearing for felony. If a juvenile has been taken into custody without a warrant for an act which would be a felony, the juvenile may be taken to detention. The intake officer shall be notified immediately to make a detention decision pursuant to A.C.A. § 9­27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody and the prosecuting attorney shall be notified within twenty-four (24) hours. If the juvenile remains in detention, a detention hearing shall be held within seventy-two (72) hours after the juvenile is taken into custody or, if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day. A.C.A. § 9-27-313(d)(2) (Repl. 2002).

 

F. MANDATORY ATTENDANCE AT TRIAL OF EXPERT WITNESS FROM ARKANSAS STATE CRIME LABORATORY. The records, reports of autopsies, evidence analyses, drug analyses, and any investigations made by the State Crime Laboratory under the authority of this subchapter shall be received as competent evidence as to the matters continued therein in the courts of this state subject to the applicable rules of criminal procedure when duly attested to by the executive director or his assistants, associates, or deputies. Nothing in this section shall be deemed to abrogate a defendant's right of cross-examination if notice of intention to cross-examine is given prior to the date of a hearing or trial pursuant to the applicable rules of criminal procedure. The defendant shall give at least ten (10) days' notice

prior to the proceedings that he requests the presence of the analyst of the State Crime Laboratory who performed the analysis for the purposes of cross-examination. A.C.A. § 12­12-313 (Rep!. 1999).

 

G. MOTION TO SUPPRESS. The motion to suppress shall be timely filed but not later than ten (10) days before the date set for the trial of the case, except that the court for good cause shown may entertain a motion to suppress at a later time. Arkansas Rules of Criminal Procedure, Rule 16.2(b) (2002).

 

H. OFFENSES. 1. Felonies.

 

a. Murder. A prosecution for murder may be commenced at any time. A.C.A. § 5-1­109(a) (Repl. 1997 & Supp. 2001).

 

b. Other felony offenses. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation after their commission:

 

i. Class Y and Class A felonies. Six (6) years, except rape, § 5-14-103, for which the period of limitation may be extended to fifteen (15) years during which extended time a prosecution for rape may be commenced if based upon forensic deoxyribonucleic acid testing or other tests which may become available through advances in technology. A.C.A. § 5-1-109(b)(1) (Repl. 1997 & Supp. 2001).

 

ii. Class B, C, D, and unclassified felonies. Three (3) years. A.C.A. § 5-1-109(b) (Rep!. 1997 & Supp. 2001).

 

2. Misdemeanors. One (1) year. A.C.A. 5-1-109(b) (2001).

 

3. Securities. Prosecution for securities criminal offenses must be brought within five (5) years from the date of occurrence for felonies and one (1) year for misdemeanors. The five-year felony and one-year misdemeanor period of limitation does not begin to run until after the commission of the last overt act in the furtherance of a scheme or course of conduct. A.C.A. § 23-42-105 (Repl. 2000).

 

4. State tax law. No person shall be prosecuted, tried, or punished for any of the various criminal offenses arising under the provision of any state tax law unless the indictment of the taxpayer is instituted within six (6) years of the commission of the offense. A.C.A. § 26-18-306(j) (Repl. 1997 & Supp. 2001).

 

5. Violations. One (1) year. A.C.A. § 5-1-109(b) (Repl. 1997 & Supp. 2001).

I. POST-CONVICTION PROCEEDINGS AND RELIEF.

 

1. Conviction by plea of guilty or petitioner found guilty at jury trial and did not appeal the judgment of conviction. If a conviction was obtained on a plea of guilty, or the petitioner was found guilty at trial and did not appeal the judgment of conviction, a petition claiming relief under this rule must be filed in the appropriate circuit court within ninety (90) days of the date of entry of judgment. If the judgment was not entered of record within ten (10) days of the date sentence was pronounced, a petition under this rule must be filed within ninety (90) days of the date sentence was pronounced. Ark. R. Crim. P. 37.2(c) (2002).

 

2. Appeal taken of the judgment of conviction. If an appeal was taken of the judgment of conviction, a petition claiming relief under this rule must be filed in the circuit court within sixty (60) days of the date the mandate was issued by the appellate court. In the event an appeal was dismissed, the petition must be filed in the appropriate circuit court within sixty (60) days of the date the appeal was dismissed. If the appellate court affirms the conviction but reverses the sentence, the petition must be filed within sixty (60) days of a mandate following an appeal taken after resentencing. If no appeal is taken after resentencing, then the petition must be filed with the appropriate circuit court within ninety (90) days of the entry of the judgment. Ark. R. Crim. P. 37.2(c) (2002).

 

3. State's response. Within twenty (20) days after service of a petition under this rule, the state may file a response thereto with evidence of service on opposing counsel or on the petition if he or she is acting pro se. Ark. R. Crim. P. 37.2(f) (2002).

 

J. SPEEDY TRIAL.

 

1. Defendant incarcerated for nine months. Any defendant charged with an offense in circuit court and incarcerated in a city or county jail in this state pending trial shall be released on his own recognizance if not brought to trial within nine (9) months from the time provided in Rule 28.2, excluding only such periods of necessary delay as are authorized in Rule 28.3. Ark. R. Crim. P. 28.1(a) (2002).

 

2. Defendant not brought to trial within twelve months. Any defendant charged with an offense in circuit court and incarcerated in prison in this state pursuant to conviction of another offense shall be entitled to have the charge dismissed with an absolute bar to prosecution if not brought to trial within twelve (12) months from the time provided in Rule 28.2, excluding only such periods of necessary delay as are authorized in Rule 28.3. Ark. R. Crim. P. 28.1(b) (2002).

 

K. TIME FOR FILING FORMAL CHARGE. If the defendant is continued in custody subsequent to the first appearance, the prosecuting attorney shall file an indictment or information in a court of competent jurisdiction within sixty (60) days of the defendant's arrest. Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in