GUILTY AR - Beverly Carter, 49, Little Rock, 25 Sep 2014 - # 9

[arkansasmimi]

Remember when we had read that Arron filing that suit was going to cost $350? and they took the little money out of his account? Does this form mean he can file all of those things without having to pay the fee? I sure hope not.

Those suits that he filed, 1) against PCSO, 2) the ADOC in Malvern he was transferred to for processing into ADOC..(which the judge said because it covered 2 diff facilities and jurisdiction that case has to be split) and 3) against Tucker Max on reading his legal mail.... All of those are in Federal Court. The cases against him (Cap Murder, Kidnapping, Firearms are in Circuit Court Pulaski Cty and then he has the case of charges resulting from the wreck and the Robbery ... wreck is in District, and the Robbery shows to have been bound over to Circuit Court...

SO... the Federal Court cases... they are going to take the $$ from his inmate account.... The Circuit Court cases... he doesn't have to pay... Disclaimer..Just my opinion from reading... no legal education here

 

[arkansasmimi]

I wonder if there's any statutes and/or limitations on how many lawsuits he can file? The only reason I wonder is you'd think the courts and the judge would get frustrated after awhile, I'm sure they have much more important things they'd like to be doing.

We live in America... I believe that is his right to file those. Its only the judges job to see that the law is applied.
Disclaimer again... not taking up for anyone

ETA: Good thing is he will have to pay for all of those Fed suits... No wonder he opened up his fb to help spread the word so he can give info to put $ on his account...

 

[jstkiddn]

Those suits that he filed, 1) against PCSO, 2) the ADOC in Malvern he was transferred to for processing into ADOC..(which the judge said because it covered 2 diff facilities and jurisdiction that case has to be split) and 3) against Tucker Max on reading his legal mail.... All of those are in Federal Court. The cases against him (Cap Murder, Kidnapping, Firearms are in Circuit Court Pulaski Cty and then he has the case of charges resulting from the wreck and the Robbery ... wreck is in District, and the Robbery shows to have been bound over to Circuit Court...

SO... the Federal Court cases... they are going to take the $$ from his inmate account.... The Circuit Court cases... he doesn't have to pay... Disclaimer..Just my opinion from reading... no legal education here

Wait.....what? Federal court? Doesn't that mean the US Government as opposed to State?

 

[NWLady]

Here's some information about Federal PLRA - Prison Litigation Reform Act. However, I don't *think* this applies to AL's lawsuits (if I am understanding arkansasmimi's posts up above), but I am not sure how it all works but it does have some interesting information.

http://www.washingtonpost.com/news/...the-role-of-the-prison-litigation-reform-act/



There’s a “frequent filer” penalty: “Inmates who have had three prior actions or appeals dismissed as frivolous or malicious, or for failing to state a claim upon which relief may be granted . . . may not proceed in forma pauperis at all unless they face ‘imminent danger of serious physical harm.’”

Complaints are screened by district courts before docketing, and can be dismissed “without motion, notice to the plaintiff, or opportunity to respond.”

 

[arkansasmimi]

Wait.....what? Federal court? Doesn't that mean the US Government as opposed to State?

Yes, all those cases are filed Prisoner filings of Civil Rights acts in the United States District Court for Eastern District of Arkansas Western Division...

And a side note, all the cases I have read where he filed (all were filed same way) All were filed after he was charged but all before he pled down and convicted.

 

[arkansasmimi]

Here's some information about Federal PLRA - Prison Litigation Reform Act. However, I don't *think* this applies to AL's lawsuits (if I am understanding arkansasmimi's posts up above), but I am not sure how it all works but it does have some interesting information.

http://www.washingtonpost.com/news/...the-role-of-the-prison-litigation-reform-act/



There’s a “frequent filer” penalty: “Inmates who have had three prior actions or appeals dismissed as frivolous or malicious, or for failing to state a claim upon which relief may be granted . . . may not proceed in forma pauperis at all unless they face ‘imminent danger of serious physical harm.’”

Complaints are screened by district courts before docketing, and can be dismissed “without motion, notice to the plaintiff, or opportunity to respond.”

Again, I have no legal education. But the suit against the Tucker Max re opening and reading his legal mail, he has to pay the $350 out of his inmate account as he gets it (paraphrasing as I understand it) Judge removed the people in the suit that AL claimed rubber stamped and has allowed it to proceed. AL has filed an objection to the removal of those individuals from the suit.

And the case #2 when he was at the ADOC Malvern unit prior to transfer to Tucker Max, because of multi facilities and jurisdictions that case has to be Severed (split) . Again just my opinion from reading and rereading...

 

[ConnectZDots]

Does one lose their ability to thank for a post if one hasn't posted in awhile? (and to see thanks). Or is there I websleuths glitch today? Thanks in advance, wanted to show thanks!

ETA: nevermind! Just read the banner at the top. D'oh!

 

[arkansasmimi]

Have no fear... AL got $ for paper and postage and filed a Motion to dismiss divorce proceedings. Filed Jan 22 2015 https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=ASNW5Q4CZ5J0FGYEPQKZFSAZHSC06R

ETA: don't miss the last page! AL is an artist lol Legal Mail... all drawn BIG and fancy

 

[ConnectZDots]

Have no fear... AL got $ for paper and postage and filed a Motion to dismiss divorce proceedings. Filed Jan 22 2015 https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=ASNW5Q4CZ5J0FGYEPQKZFSAZHSC06R

Bwahahaha! AL is a veritable filing machine. At least he keeps websleuthers busy just keeping up with him and his lawsuit filings. Somebody give that guy a job to do in the prison system. Don't they have floors to be mopped? Latrines to clean? Oh that's right, the dislocated shoulder... and mild concussion from the daring leap from the... 15 story building. Has he requested disability payments yet?

 

[Butler321]

Have no fear... AL got $ for paper and postage and filed a Motion to dismiss divorce proceedings. Filed Jan 22 2015 https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=ASNW5Q4CZ5J0FGYEPQKZFSAZHSC06R

ETA: don't miss the last page! AL is an artist lol Legal Mail... all drawn BIG and fancy

At least he finally acknowledged that there are "no martial assetts and debt."

I would have preferred he request to dismiss the motion to divorce on the grounds that he doesn't want her to be able to testify against him on charges of capital murder....

 

[SeeAlice]

Remember when some crazy inmate filed a claim for paternity of Caylee Anthony right before or during the trial? IIRC, he was well-known for filing frivolous lawsuits from prison.

 

[arkansasmimi]

At least he finally acknowledged that there are "no martial assetts and debt."

I would have preferred he request to dismiss the motion to divorce on the grounds that he doesn't want her to be able to testify against him on charges of capital murder....

But she is charged with the same Capital Murder and Kidnapping. For her to testify against him would mean she knows something to testify about correct?
They had some kind of evidence to charge as equal.

Also, he sent the papers to their Randall Drive address and to the Jail. If the jail doesn't let her get his mail, and the letter from Randall Address is returned, curious if this shows he attempted to serve her? And if she does not respond (object) then the motion would probably be granted. Since they are both filing pro se, I don't think her lawyer could file for her...Just my opinion.. again I have no legal education but this will interesting to see how plays out

ETA: Not meaning to sound snippy.

 

[concernedmother]

I supposed they are bound together now but not by holy matrimony. I suspect they both have plenty of goods on the other one that neither will take the chance of rolling. Id be surprised if this divorce happens . jmo

 

[arkansasmimi]

****NOTE THIS IS ON THE CIRCUIT CASE, with AL and CL as co defendants...
In forma pauperis. A Latin term meaning "in the manner of a pauper". Allowing a poor person to bring suit without liability for the costs of the suit.
***ETA had to look up the exact meaning, I thought I knew but didn't know how to explain.

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS
Criminal Division
4th Division
STATE OF ARKANSAS PLAINTIFF
VS. Case No. 60CR-14-3928
ARRON LEWIS DEFENDANT

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS
On this day, the Court heard the petition of ARRON LEWIS that he be permitted to
proceed in forma pauperis. The Court being satisfied of the truth of the facts alleged and good
cause appearing thereto, IT IS HEREBY ORDERED :
1. That ARRON LEWIS is authorized and permitted to proceed in forma pauperis.
2. The Clerk of the Circuit Court and/or Court Reporter of Pulaski County shall
receive and file any necessary forms or pleadings incident to Defendant’s action without
requiring the payment of fees or costs.
3. The Sheriffs of the several counties of the State of Arkansas shall serve writs or
processes incident to the Defendant’s action without requiring the payment of fees or costs.
4. No other officer shall require of Defendant any fee or cost incident to this action.
IT IS SO ORDERED.
____________________________________
Circuit

JUST TO CLARIFY.. THE JUDGE HAS NOT SIGNED OFF ON THIS YET... AL attorney just attached it with the filing and if approved will sign if not approved I guess will file something stating that.

 

[mpnola]

But she is charged with the same Capital Murder and Kidnapping. For her to testify against him would mean she knows something to testify about correct?
They had some kind of evidence to charge as equal.

Also, he sent the papers to their Randall Drive address and to the Jail. If the jail doesn't let her get his mail, and the letter from Randall Address is returned, curious if this shows he attempted to serve her? And if she does not respond (object) then the motion would probably be granted. Since they are both filing pro se, I don't think her lawyer could file for her...Just my opinion.. again I have no legal education but this will interesting to see how plays out

ETA: Not meaning to sound snippy.

For sure, they have evidence that she is going to have no choice but to admit she knew something. At that point, we will see who rolls first! Since his history shows pleading to a lesser charge is the way he usually operates, he will have to have something to give them to plead down. That will be his motivation to roll. She will want a plea, so she will likely be encouraged to plead to a lesser charge with an "abused and controlled" type of defense. That will be her motivation to admit to anything and roll.

I think no matter what his Psych eval says, he knew just what he was doing. That being said, his psych eval will likely have all kinds of diagnoses on there!!!! That is where his people will try to have a leg to stand on. She doesn't seemingly have that psych diagnosis defense, so hers will be considered more of a willing and knowing participant. Until they say the abuse thing. It is just a game of always passing the blame to someone else and not taking responsibility for your actions. I understand the process, but I dislike the fact that this is what is encouraged and rewarded. It gets the entire criminal community (and non-criminals, really!) into the mind set of always trying to figure out a way why their bad behavior wasn't their fault. Who and what can I blame.

 

[SeeAlice]

For sure, they have evidence that she is going to have no choice but to admit she knew something. At that point, we will see who rolls first! Since his history shows pleading to a lesser charge is the way he usually operates, he will have to have something to give them to plead down. That will be his motivation to roll. She will want a plea, so she will likely be encouraged to plead to a lesser charge with an "abused and controlled" type of defense. That will be her motivation to admit to anything and roll.

I think no matter what his Psych eval says, he knew just what he was doing. That being said, his psych eval will likely have all kinds of diagnoses on there!!!! That is where his people will try to have a leg to stand on. She doesn't seemingly have that psych diagnosis defense, so hers will be considered more of a willing and knowing participant. Until they say the abuse thing. It is just a game of always passing the blame to someone else and not taking responsibility for your actions. I understand the process, but I dislike the fact that this is what is encouraged and rewarded. It gets the entire criminal community (and non-criminals, really!) into the mind set of always trying to figure out a way why their bad behavior wasn't their fault. Who and what can I blame.

Hmm.... Maybe if he is deemed unfit for trial for now, he can see what kind of sentence she gets (if she is convicted,) then he can decide whether to cop to a plea.

I don't think marital privilege will allow either of them to testify against the other, will it? Even if they now divorce, that privilege for the period of the marriage remains, IIRC.


Disclaimers: JMO & IANAL & I do misremember sometimes.

 

[arkansasmimi]

Hmm.... Maybe if he is deemed unfit for trial for now, he can see what kind of sentence she gets (if she is convicted,) then he can decide whether to cop to a plea.

I don't think marital privilege will allow either of them to testify against the other, will it? Even if they now divorce, that privilege for the period of the marriage remains, IIRC.


Disclaimers: JMO & IANAL & I do misremember sometimes.

Rule 504. Husband-Wife Privilege.
.. ..
(a) Definition. A communication is confidential if it is made privately by any person to his or her spouse and is not intended for disclosure to any other person.
(b) General Rule of Privilege. An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.
(c) Who May Claim the Privilege. The privilege may be claimed by the accused or by the spouse on behalf of the accused. The authority of the spouse to do so is presumed.
(d) Exceptions. There is no privilege under this rule in a proceeding in which one [1] spouse is charged with a crime against the person or property of 1) the other, (2) a child of either, (3) a person residing in the household of either, or 4) a third person committed in the course of committing a crime against any of them.

Associated Court Rules:


Arkansas Rules of Evidence

Group Title:
Article V. Privileges
https://courts.arkansas.gov/rules-a...s/court-rules/rule-504-husband-wife-privilege

 

[arkansasmimi]

Hmm.... Maybe if he is deemed unfit for trial for now, he can see what kind of sentence she gets (if she is convicted,) then he can decide whether to cop to a plea.

I don't think marital privilege will allow either of them to testify against the other, will it? Even if they now divorce, that privilege for the period of the marriage remains, IIRC.


Disclaimers: JMO & IANAL & I do misremember sometimes.

Sorry to quote you twice. I had saw this a while back and wanted to share also..

Spousal immunity

Under the Federal Rules of Evidence, in a criminal case the prosecution cannot compel the defendant's spouse to testify against him. This privilege only applies if the defendant and the spouse witness are currently married at the time of the prosecution. Additionally, this privilege may be waived by the witness spouse if he or she would like to testify.
wex: wex definitions

Keywords: evidence

http://www.law.cornell.edu/wex/spousal_immunity

 

[arkansasmimi]

Federal Rules of Evidence
(As amended to December 1, 2014)
http://www.law.cornell.edu/rules/fre

 

[arkansasmimi]

So will CL be able to ask for continuances until they receive Forensic Eval results?


<snip>
Separate trials

Most significantly for Lowery in her five-minute court appearance was that chief deputy prosecutor John Johnson told the judge he has agreed to try her separately from her husband.

Her lawyers did not ask the judge to set a trial date but instead had him schedule her next appearance to coincide with Lewis' February date. They said they wanted to see what happens with Lewis' mental evaluation before scheduling trial.
http://www.arkansasonline.com/news/2014/dec/04/suspect-to-get-mental-test-20141204/