Smith v. Fox

193 S.W.3d 238, 358 Ark. 388, 2004 Ark. LEXIS 487
CourtSupreme Court of Arkansas
DecidedSeptember 16, 2004
DocketCR 04-71
StatusPublished
Cited by19 cases

This text of 193 S.W.3d 238 (Smith v. Fox) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Fox, 193 S.W.3d 238, 358 Ark. 388, 2004 Ark. LEXIS 487 (Ark. 2004).

Opinion

Tom Glaze, Justice.

This case comes before us as a petition tice. prohibition, or in the alternative, writ of certiorari or writ of mandamus. We are asked to decide whether a federal mental evaluation is sufficient to satisfy Arkansas’ statutory scheme governing such evaluations, found in Ark. Code Ann. § 5-2-305 (Supp. 2003). Procedurally, the State also questions whether the petitioner Tyree Smith has standing to obtain any one of the extraordinary writs he seeks from our court in deciding if the trial court erred in its interpretation and application of § 5-2-305. The State submits that Smith’s remedy is an appeal. Because we ultimately hold Smith does have standing to seek and obtain a writ of certiorari, we will first consider the facts leading to Smith’s filing of this original action and then address the core issue requiring this court’s interpretation and application of § 5-2-305 in this case.

On October 5, 2002, Smith was arrested by Little Rock police and charged with aggravated robbery and theft in Pulaski County Circuit Court. The charges stemmed from Smith’s involvement in an aggravated robbery at a Bank of America branch in Little Rock. He was also subsequently indicted on federal bank armed robbery charges arising from the same crime. The federal district court ordered Smith to undergo a mental-health evaluation to determine both his competency to stand trial and his sanity at the time of the offense. That court sent Smith to the federal prison system’s Federal Medical Center in Texas, where he was evaluated and deemed both competent to stand trial and sane at the time of the robbery. The federal mental evaluation on Smith was given to the federal district judge on June 26, 2003. Subsequently, however, the federal authorities asked the federal district court to dismiss the federal charges against Smith; the federal court granted the dismissal on July 14, 2003.

On July 28, 2003, Smith appeared in Pulaski County Circuit Court for plea and arraignment on the State’s aggravated robbery and theft charges and was appointed counsel. On August 8, 2003, Smith pled not guilty by reason of mental disease or defect, and requested a mental examination pursuant to Ark. Code Ann. § 5-2-305(b) (Supp. 2003). The circuit court took Smith’s motion under advisement in order to consider whether the June 26, 2003, federal psychiatric exam complied with the state’s requirements under § 5-2-305.

On August 20, 2003, the State tendered the federal psychiatric report to Smith’s counsel and the trial judge. At a hearing on September 2, 2003, the State argued the federal report met all the requirements of § 5-2-305; Smith disagreed and objected to the trial court’s adopting the report. The trial court ruled in the State’s favor and found Smith fit to proceed to trial. On January 13, 2004, the trial judge denied Smith’s request for reconsideration. Smith then sought a continuance because he was unable to obtain the full documentation of the federal mental health evaluation from federal authorities. Smith’s request was also denied by the state court, even though the federal district court, by a December 30, 2003, order, found it was without jurisdiction to compel the Federal Bureau of Prisons to produce records for use in the state court proceeding. After denying Smith’s motion for continuance, the trial court proceeded to set the trial date for January 22, 2004. Smith responded by petitioning our court for either an extraordinary writ of prohibition, certiorari, or mandamus. We granted the stay and requested briefs on the two issues raised by the parties.

As noted above, we will first address whether the trial court erred when it deemed the federal mental evaluation sufficient to satisfy Arkansas’ mandatory statutory scheme governing state mental evaluations found under § 5-2-305. When reviewing issues of statutory interpretation, the basic rule is to give effect to the intention of the legislature, making use of common sense, and assuming that when the legislature uses a word that has a fixed and commonly accepted meaning, the word at issue has been used in its fixed and commonly accepted sense. Yamaha Motor Corp. v. Richard’s Honda Yamaha, 344 Ark. 44, 38 S.W.3d 356 (2001); State v. Joshua, 307 Ark. 79, 81, 818 S.W.2d 249, 250 (1991). This court more recently reviewed its standards for statutory review in Cave City Nursing Home, Inc. v. Arkansas Dept. of Human Services, 351 Ark. 13, 89 S.W.3d 884 (2002), stating as follows:

When the language of a statute is plain and unambiguous, there is no need to resort to rules of statutory construction. A statute is ambiguous only where it is open to two or more constructions, or where it is of such obscure or doubtful meaning that reasonable minds might disagree or be uncertain as to its meaning. When a statute is clear, however, it is given its plain meaning, and this court will not search for legislative intent; rather, that intent must be gathered from the plain meaning of the language used.

Id. at 21-22, 89 S.W.2d at 889. As a rule, criminal statutes are strictly construed with any doubts resolved in favor of the accused. Puckett v. State, 328 Ark. 355, 358, 944 S.W.2d 111, 113 (1997).

Here, the relevant statute, § 5-2-305, provides in pertinent part the following:

(a) Whenever a defendant charged in circuit court:
(1) Files notice that he intends to rely upon the defense of mental disease or 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 there is reason to doubt his fitness to proceed, the court, subject to the provisions of §§ 5-2-304 and 5-2-311, shall immediately suspend all further proceedings in the prosecution ...
(b) Upon suspension of further proceedings in the prosecution, the court shall enter an order:
(1) Directing that the defendant undergo examination and observation by one or more qualified psychiatrists at a local regional mental health center or clinic; or
(2) Appointing at least one (1) qualified psychiatrist to make an examination and report on the mental condition of the defendant; or
(3) Directing the Director of the Arkansas State Hospital to examine and report upon the mental condition of the defendant; or
(4) Committing the defendant to the Arkansas State Hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty (30) days, or such longer period as the court determines to be necessary for the purpose.

(Emphasis added).

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Cite This Page — Counsel Stack

Bluebook (online)
193 S.W.3d 238, 358 Ark. 388, 2004 Ark. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-fox-ark-2004.