GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - # 8

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Here's part of the Democrat-Gazette article from this morning explaining the docs that I posted yesterday from the clerk's office.
Judge’s reversal
sets mental exam
JOHN LYNCH
ARKANSAS DEMOCRAT-GAZETTE
The mental evaluation
for the Jacksonville man accused
of killing a real estate
agent is back on after the
presiding judge reversed his
earlier ruling that canceled
the examination, reporting
that both the prosecution
and defense want Arron
Michael Lewis’ mental
health to be reviewed by
state doctors.
Pulaski County Circuit
Judge Herb Wright’s
Thursday ruling will send
the 33-year-old defendant
to the State Hospital for an
assessment of his sanity.
Lewis’ lawyer asked for
the exam at his first circuit
court appearance but told
Wright that Lewis didn’t
want it.
The attorney, Jim Hensley
of Conway, subsequently
filed a motion to cancel
the exam, which Wright
now says he mistakenly
granted last week.
A State Hospital mental
evaluation in criminal cases,
colloquially known as an
Act 3, will require doctors
to try to determine whether
Lewis is competent to participate
in his defense and
whether he understood the
 
And the rest from the Arkansas-Democrat Gazette before the story goes into background about who was charged with murder and kidnapping, etc.


...difference between right and
wrong at the time of the killing.
The evaluation process
is expected to take months,
with Lewis due back in court
in February for a report on the
progress of the procedure.
The judge also dismissed a
handwritten motion by Lewis
to replace Hensley, who the
defendant complained was ignoring
his wishes on how to
proceed with a defense.
In that ruling, also issued
Thursday, the judge noted
that Arkansas Supreme Court
precedent does not allow a defendant
to both file his own
pleadings and be represented
by an attorney.
 
I am re-posting a post from earlier today that I deleted as a misunderstanding. It is in response to southsleuth's post thanking our military and their families.

My husband retired 3 years ago from USMC after serving 30 years. Semper Fi. Our military members and their families (IMO) deserve and do appreciate our thanks for what they have done and continue to do for our country.
 
I saw today where Beverly's son Carl Jr. graduated today. He received his MBA. I am sure she was very missed today.
 
Mod please delete if needed.

I know we are not supposed to tell someone to check their PM. But what if they don't realize their storage is full. This happened to me yesterday, and I wasn't aware of how it had to be cleaned out. I have been trying to respond to someone since yesterday, and I know they are not aware of the storage limit. I don't want them to think I am being rude. Any suggestions?
 
Tallula.Belle said:
I saw today where Beverly's son Carl Jr. graduated today. He received his MBA. I am sure she was very missed today.
Click to expand...

Where did you see that? Now don't get angry. I'm simply asking how you heard, I don't care if there's a link and I'm not calling you a liar, I just wonder.
 
beaglebrd said:
Where did you see that? Now don't get angry. I'm simply asking how you heard, I don't care if there's a link and I'm not calling you a liar, I just wonder.
Click to expand...
A friend of mines brother graduated as well. When i saw the pics on IG, I then saw Carl Jr's pic and realized who it was. Then I noticed several other comments saying how proud his mom would be. A bittersweet day.
 
beaglebrd said:
And the rest from the Arkansas-Democrat Gazette before the story goes into background about who was charged with murder and kidnapping, etc.


...difference between right and
wrong at the time of the killing.
The evaluation process
is expected to take months,
with Lewis due back in court
in February for a report on the
progress of the procedure.
The judge also dismissed a
handwritten motion by Lewis
to replace Hensley, who the
defendant complained was ignoring
his wishes on how to
proceed with a defense.
In that ruling, also issued
Thursday, the judge noted
that Arkansas Supreme Court
precedent does not allow a defendant
to both file his own
pleadings and be represented
by an attorney.
Click to expand...

BBM

This surprise me a bit. For some reason, I didn't know it would take month's to do an evaluation. Interesting.
 
The poor Carter family are taking a beating arent they? Beverly never got to have Thanksgiving with her family, never got to see her son graduate, will never enjoy another birthday and Christmas is coming up. :)
 
ConnectZDots said:
Thanks, that worked, I'm on the iPad now and the other prob required flash. That gave me chills..... Beautiful, in a bittersweet fashion, but beautiful.
Click to expand...
Thanks. I felt she deserved a tribute here today!
I have those flash probs on ipad too. I have a Samsung tablet I like way better than ipad.
 
I really think the judge's ruling will give AL cause for appeal if he is convicted. I understand it saves the circus of a mess he would create in the meantime. Just seems risky.
 
hagger said:
Security Cameras at the concrete plant in Cabot (grave site) would make this a slam dunk case, in part if it show faces... IMO
Click to expand...

That would be great evidence, if clear enough. Some of those are so grainy but they still have helped with other crimes.
 
Regarding the judge not allowing AL to fire his attorney. I believe the judge is aware of the laws and what can be appealed. I don't know the law, but there has to be something in place that keeps a defendant from firing their attorneys. I know that Jodi Arias has tried and tried to fire hers and the judge won't allow it. AL is charged with Capital Murder and he needs an attorney. He'd drag this on to infinity with a judge allowing him to do that and make all the rules. I think the process could be done if some other attorney stepped up and made the request though.
 
I will say upfront that I don’t know the ins and outs of how this process works, so this is just my opinion based on my discussion with a family member.

I know it is pretty standard that a criminal defendant cannot simply fire a court-appointed attorney, during the trial. Personally, I had wondered, if this might be an exception, since it is a long way away from the trial, and the attorney was not court appointed, and is what we (I) are assuming to be pro bono.

However, in speaking with my family member that is a recently retired judge in Georgia, he said that typically judges do not care about the fee arrangements between a client and a lawyer in criminal cases, as that is not their job. Obviously, you don’t want a situation where the defendant is trying to delay a trial indefinitely. He did say that one of the considerations, among many, is how long the defendant has been represented by said attorney. Also, how complicated is the case, and how close to trial date, are other considerations. Furthermore, saying it was easier to have this granted, if you already have an attorney that is ready and willing to take over the case, as Beaglebrd stated. Which I doubt is the case with AL.

Of course, since each case is different, if the court of appeals believes the judge unfairly denied the request, a conviction can be reversed and then the whole process starts over. Since AL obviously is accustomed to jail, perhaps he enjoys being in courtrooms as well.
 
beaglebrd said:
Regarding the judge not allowing AL to fire his attorney. I believe the judge is aware of the laws and what can be appealed. I don't know the law, but there has to be something in place that keeps a defendant from firing their attorneys. I know that Jodi Arias has tried and tried to fire hers and the judge won't allow it. AL is charged with Capital Murder and he needs an attorney. He'd drag this on to infinity with a judge allowing him to do that and make all the rules. I think the process could be done if some other attorney stepped up and made the request though.
Click to expand...

You are exactly right. The judge referenced a Supreme Court of Arkansas case in denial. Reading the case, its not that AL cant fire his Attorney. Judge is saying Arron Lewis is represented by counsel. Arron Lewis not entitled to accept appointment of counsel and also to submit a pro se brief.

https://contexte.aoc.arkansas.gov/im...1Y0N3UCLU1JD1R

Just got thru reading the case that the Judge referenced:
Hamilton v. State, 74 S.W.3d 615 (Ark. 2002)
Supreme Court of Arkansas
Filed: May 9th, 2002
Status: Precedential
Citations: 74 S.W.3d 615, 348 Ark. 532
Docket Number: CR 01-391
Judges: Robert L. Brown

VI. Motion
After this case was submitted to this court for decision, Hamilton filed a pro se motion to add a point to his direct appeal. We deny the motion. First, the motion comes too late for our consideration. Moreover, an appellant is entitled as a matter of right to representation by counsel on the direct appeal of a felony conviction. Hamilton is represented by counsel in this appeal. An appellant is not entitled, however, to accept appointment of counsel and also to submit a pro se brief. See Franklin v. State, 327 Ark. 537, 939 S.W.2d 836 (1997) (per curiam).
https://www.courtlistener.com/opinion/1384010/hamilton-v-state/

Another case where same Citations were used https://cases.justia.com/arkansas/supreme-court/cr07-1023.pdf

ETA: added an additional case link
 
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