Arkansas Statutes
§ 5-1-115 — Former prosecutions that are not affirmative defenses
Arkansas·Title 5
A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 - 5-1-114 under any of the following circumstances:
(1)The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;
(2)The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or (3) The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.
Free access — add to your briefcase to read the full text and ask questions with AI
Arkansas § 5-1-115 (Former prosecutions that are not affirmative defenses) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Muhammad v. State
998 S.W.2d 763 (Court of Appeals of Arkansas, 1999)
Strahan v. State
85 S.W.3d 891 (Supreme Court of Arkansas, 2002)
Opinion No.
(Arkansas Attorney General Reports, 2004)
Legislative History
Acts 1975, No. 280, § 109; A.S.A. 1947, § 41-109.
Nearby Sections
15
§ 5-1-101
Title§ 5-1-102
Definitions§ 5-1-103
Applicability to offenses generally§ 5-1-104
Territorial applicability§ 5-1-106
Felonies§ 5-1-107
Misdemeanors§ 5-1-108
Violations§ 5-1-109
Statute of limitations