Arkansas Statutes
§ 5-2-302 — Lack of fitness to proceed generally
Arkansas § 5-2-302
JurisdictionArkansas
Title5
This text of Arkansas § 5-2-302 (Lack of fitness to proceed generally) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ark. Code Ann. § 5-2-302 (2026).
Text
(a)No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.
(b)A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect.
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Related
Rankin v. State
948 S.W.2d 397 (Supreme Court of Arkansas, 1997)
Haynes v. State
58 S.W.3d 336 (Supreme Court of Arkansas, 2001)
Mitchell v. State
913 S.W.2d 264 (Supreme Court of Arkansas, 1996)
Newman v. State
2014 Ark. 7 (Supreme Court of Arkansas, 2014)
Key v. State
923 S.W.2d 865 (Supreme Court of Arkansas, 1996)
Addison v. State
765 S.W.2d 566 (Supreme Court of Arkansas, 1989)
Britton v. State
2014 Ark. 192 (Supreme Court of Arkansas, 2014)
Ware v. State
75 S.W.3d 165 (Supreme Court of Arkansas, 2002)
Mauppin v. State
865 S.W.2d 270 (Supreme Court of Arkansas, 1993)
Mask v. State
858 S.W.2d 108 (Supreme Court of Arkansas, 1993)
Jacobs v. State
744 S.W.2d 728 (Supreme Court of Arkansas, 1988)
Lawrence v. State
839 S.W.2d 10 (Court of Appeals of Arkansas, 1992)
Cage v. State
2017 Ark. 277 (Supreme Court of Arkansas, 2017)
Karl D. Roberts v. State of Arkansas
2020 Ark. 45 (Supreme Court of Arkansas, 2020)
Meekins v. State
806 S.W.2d 9 (Court of Appeals of Arkansas, 1991)
Rector v. Lockhart
727 F. Supp. 1285 (E.D. Arkansas, 1990)
Porta v. State
428 S.W.3d 585 (Court of Appeals of Arkansas, 2013)
Hamilton v. State
2017 Ark. App. 447 (Court of Appeals of Arkansas, 2017)
Lewis v. State
2016 Ark. App. 503 (Court of Appeals of Arkansas, 2016)
Steward v. State
233 S.W.3d 180 (Court of Appeals of Arkansas, 2006)
Legislative History
Acts 1975, No. 280, § 603; A.S.A. 1947, § 41-603; Acts 2001, No. 1554, § 2.
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 limitationsCite This Page — Counsel Stack
Bluebook (online)
Arkansas § 5-2-302, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/5-2-302.