Supreme Court of Arkansas

State of Arkansas, Appellant v. Derrick Lamont Thomas, Appellee

September 11, 20142014 Ark. LEXIS 479

Summary

The court held that the State’s appeal was proper because it presented a narrow, purely legal statutory-interpretation issue with potentially widespread application. It further held that the circuit court lacked authority to dismiss the charges under the statute because the statute permits dismissal only after the defendant has regained fitness to proceed. The court reversed and remanded without reaching the separation-of-powers argument.