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

[machiado]

The public defenders in Arkansas are stretched very thin.

"Parrish noted that data generated by his office showed an average of 537 clients per public defender in the state last year — far above the American Bar Association's recommendation that attorneys handle no more than 200 misdemeanors or 150 felonies per year."

If the state does not increase the budget for the public defenders office and reduce their case load closer to the national average of about 200 per lawyer per year, the following could happen:

"I think in our Arkansas courts, our judges are giving us a heads up and fair warning that a motion for post-conviction relief might be entertained for ineffective assistance of counsel," House said. In other words, that means a court could toss out a conviction if the defendant's attorney didn't do an adequate job."

http://www.arktimes.com/arkansas/arkansas-public-defenders-stretched-thin/Content?oid=3640129

 

[arkansasmimi]

More activity yesterday:

https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CR-14-3928&begin_date=&end_date=

Denying a petition AL filed earlier this month to remove counsel. The order says he cannot retain private counsel AND file his own pleadings.


01/29/2015
03:59 PM LETTER FROM COURT
Entry: MOTION FOR A HEARING & REMOVE COUNSEL
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=L16H1EDFLU5STZFWJNY3NU1CNNKI30

01/29/2015
03:59 PM ORDER OTHER
Entry: MOTION FOR A HEARING & REMOVE COUNSEL
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=OE7ENEDZ96EHB28F92Q9108441UTF9


I'm a little confused on this though, because the motion he filed on Jan. 5 was to WITHDRAW his earlier request to remove counsel?

For reference, here are both motions AL filed on Jan. 5:

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=65B5854NOVPBJZKAXNFLFP5LU7GKH5

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=W2JP4XGG161C8GDCON5BABD688581Q

The second was the complaint regarding the officer reading his mail and taking it due to the letter he wrote to CL.

Just my opinion...
the ORDER is stating again, advising AL that he can not file as pro se AND have an attorney on record. That no matter what he said in his motions, he can not file them... as he legally cant do that.

The letter from the Court to AL, is speaking of the above mentioned Order. It is also saying that any thing sent should be sent appropriately addressed, which the 2 sent in January were post marked Dec 18, 2014 and Dec 19, 2014 but not filed until Jan 5, 2015. Those 2 the envelopes show addressed only to Clerk of the Court ... Proper address is Larry Crane, Pulaski County Circuit Clerk and address. *and AL knows the correct way, he filed all his others the correct way for what its worth*

 

[arkansasmimi]

And I will post this again, since it been awhile since we spoke of this...this is the case the judge cited in his denial. ** disclaimer, I do not have legal education, this is just my opinion from what I have read, so I may be misinformed on my understanding**

in part:

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).

Here is link to .. for full reference
Hamilton v. State, 74 S.W.3d 615 (Ark. 2002)
https://www.courtlistener.com/opinion/1384010/hamilton-v-state/

 

[arkansasmimi]

This is the case cited in above mentioned case. Judge used in AL case Hamilton v. State, 74 S.W.3d 615 (Ark. 2002)


939 S.W.2d 836 (1997)

327 Ark. 537


Ricky Lee FRANKLIN, Appellant,
v.
STATE of Arkansas, Appellee.

No. CR96-996.


Supreme Court of Arkansas.

March 10, 1997.

PER CURIAM.

In 1992, Ricky Lee Franklin was found guilty by a jury of two counts of burglary and sentenced to an aggregate sentence of forty years' imprisonment. We affirmed. Franklin v. State, 318 Ark. 99, 884 S.W.2d 246 (1994). He subsequently filed a pro se petition pursuant to Criminal Procedure Rule 37 in the trial court seeking to vacate the judgment. A hearing was held on the petition at which petitioner Franklin was represented by appointed counsel, Edgar R. Thompson. The petition was denied, and the *837• record has been lodged in this court on appeal. Mr. Thompson has filed the appellant's brief. Appellant does not approve of the brief filed by counsel and asks by motion that a new attorney be appointed or, in the alternative, that the record of the Rule 37 hearing be forwarded to him so that he may prepare a pro se brief.

There is no right to counsel in a postconviction proceeding. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987). As a result, when the trial court appointed Mr. Thompson to represent appellant at the hearing on the Rule 37 petition, it was merely exercising its discretion pursuant to Rule 37.3(b). Petitioner filed a motion asking that Mr. Thompson be relieved as counsel, which was denied, but he did not decline to be represented by an attorney. He does not contend, and the record does not disclose, that he ever asked the circuit court to permit him to proceed pro se as he could have done.

Appellant accepted representation by an attorney, and the fact that he is dissatisfied with counsel's efforts does not entitle him to appointment of a different attorney. Even on direct appeal of a judgment, an appellant does not enjoy the absolute right to counsel of his choosing. Clements v. State, 306 Ark. 596, 817 S.W.2d 194 (1991). We will not tolerate a situation wherein an appellant competes with his attorney to be heard in an appeal. As appellant chose to accept the appointment of counsel, this court will not dismiss counsel now or permit the appellant to file a supplemental brief.

Motion denied.
https://www.courtlistener.com/opinion/2448625/franklin-v-state/

 

[arkansasmimi]

More activity yesterday:

https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CR-14-3928&begin_date=&end_date=

Denying a petition AL filed earlier this month to remove counsel. The order says he cannot retain private counsel AND file his own pleadings.


01/29/2015
03:59 PM LETTER FROM COURT
Entry: MOTION FOR A HEARING & REMOVE COUNSEL
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=L16H1EDFLU5STZFWJNY3NU1CNNKI30

01/29/2015
03:59 PM ORDER OTHER
Entry: MOTION FOR A HEARING & REMOVE COUNSEL
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=OE7ENEDZ96EHB28F92Q9108441UTF9


I'm a little confused on this though, because the motion he filed on Jan. 5 was to WITHDRAW his earlier request to remove counsel?

For reference, here are both motions AL filed on Jan. 5:

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=65B5854NOVPBJZKAXNFLFP5LU7GKH5

https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=W2JP4XGG161C8GDCON5BABD688581Q

The second was the complaint regarding the officer reading his mail and taking it due to the letter he wrote to CL.

Just an FYI
if anyone goes to look at those links and gets a weird page... the links that Jstkiddn gave are GOOD LINKS <<< he/she wasn't just kidding .. few days ago there was a message stating that the site would be down from Friday night til Monday Feb 2nd because they are bringing Little Rock District Court online. Just wanted to share, I had forgotten and went to look at something and got that weird page and light bulb started flickering... Carry on...

 

[arkansasmimi]

Not to be rehashing, looking for something else I came across a few things.. OR IN THE ALTERNATIVE... hmm

On the formal charges, for Kidnapping
Arron M Lewis... Crystal Hope Lowery...
The said defendants in Pulaski County on or about Sept 25, 2014 unlawfully, feloniously, without consent, did hold Beverly Cart for ransom or reward so as to interfere substantially with her liberty or in the alternative on or about Sept 25, 2014 unlawfully, feloniously, without consent did restrain Beverly Carter so as to interfere substantially with her liberty with the purpose of terrorizing her or another person, against the peace and dignity of the State of Arkansas.


choices chosen from

5-11-102. Kidnapping.

(a) A person commits the offense of kidnapping if, without consent, the person restrains another person so as to interfere substantially with the other person's liberty with the purpose of:

(1) Holding the other person for:

(A) Ransom or reward;

(6) Terrorizing the other person or another person

http://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-11/5-11-102

ETA: link to the Formal charges https://localtvkfsm.files.wordpress.com/2014/11/lewis-and-lowery-felony-charges.pdf

 

[arkansasmimi]

On AL Robbery charge here are the statue

http://law.justia.com/codes/arkansas/2012/title-5/subtitle-2/chapter-12/section-5-12-102

2012 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 2 - Offenses Against The Person
Chapter 12 - Robbery
§ 5-12-102 - Robbery.

Universal Citation: AR Code § 5-12-102 (2012)

(a) A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person.

(b) Robbery is a Class B felony.

And CL Theft by Receiving: (she is charged with Class A)

2012 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 4 - Offenses Against Property
Chapter 36 - Theft
Subchapter 1 - -- General Provisions
§ 5-36-106 - Theft by receiving.


Universal Citation: AR Code § 5-36-106 (2012)

(a) A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person:

(1) Knowing that the property was stolen; or

(2) Having good reason to believe the property was stolen.

(b) As used in this section, "receiving" means acquiring possession, control, or title or lending on the security of the property.

(c) The following give rise to a presumption that a person knows or believes that property was stolen:

(1) The unexplained possession or control by the person of recently stolen property; or

(2) The acquisition by the person of property for a consideration known to be far below the property's reasonable value.

(d) It is a defense to a prosecution for the offense of theft by receiving that the property is received, retained, or disposed of with the purpose of restoring the property to the owner or another person entitled to the property.

(e) Theft by receiving is a:

(1) Class B felony if the value of the property is twenty-five thousand dollars ($25,000) or more;

(2) Class C felony if the value of the property is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);

(3) Class D felony if:

(A) The value of the property is five thousand dollars ($5,000) or less but more than one thousand dollars ($1,000);

(B) The property is a:

(i) Credit card or credit card account number; or

(ii) Debit card or debit card account number; or

(4) Class A misdemeanor if otherwise committed
http://law.justia.com/codes/arkansa...le-4/chapter-36/subchapter-1/section-5-36-106


Interesting what is going to happen with these charges.. just my opinion.

 

[TTF14]

FYI, for anyone here following the Heather Elvis case and our other murderous man and wife on WS, the Moorers have been released on bond. In case you missed it.

 

[Tallula.Belle]

FYI, for anyone here following the Heather Elvis case and our other murderous man and wife on WS, the Moorers have been released on bond. In case you missed it.

Thanks for posting. I have been following this for awhile. I am quite surprised and even more so that the DA said this "During the hearing, state prosecutor Nancy Livesay argued to keep the Moorers in jail, but admitted under questioning from Judge Dennis that the state has no direct evidence in the case against Sidney or Tammy Moorer." Been in jail for almost a year with no direct evidence. Wow.

 

[concernedmother]

Stunned.

 

[jstkiddn]

Some more activity that showed up today on AL's case.

https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CR-14-3928&begin_date=&end_date=

01/30/2015
04:52 PM ORDER PICK UP ORDER HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT,
Entry: none.
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=JJ0R0VGB896IEEZEDPFSWUKBJ0IBRZ

01/30/2015
04:53 PM ORDER PICK UP ORDER HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT,
Entry: none.
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=XMAD5E51OVZFKX5GSF4DH9BCF3XPFF


Both of them say practically the same thing.

PEN ORDER
The Superintendent of the Arkansas Department of Corrections is hereby ordered and
directed to release to the Sheriff of Pulaski County, Arkansas, ARRON LEWIS; W/M; DOB:
1.13.1981; now confined in the Arkansas Department of Corrections to meet with Counsel upon
arrival.
IT IS SO ORDERED.

The only difference I can see between the two is the time they were electronically signed by the judge and filed. What is a "Pen Order"? I made a very quick half hearted Google attempt and have come up with nothing.

 

[beaglebrd]

Some more activity that showed up today on AL's case.

https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CR-14-3928&begin_date=&end_date=



01/30/2015
04:52 PM ORDER PICK UP ORDER HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT,
Entry: none.
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=JJ0R0VGB896IEEZEDPFSWUKBJ0IBRZ

01/30/2015
04:53 PM ORDER PICK UP ORDER HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT,
Entry: none.
Images https://contexte.aoc.arkansas.gov/imaging/IMAGES/DMS/CK_Image.Present2?DMS_ID=XMAD5E51OVZFKX5GSF4DH9BCF3XPFF


Both of them say practically the same thing.



The only difference I can see between the two is the time they were electronically signed by the judge and filed. What is a "Pen Order"? I made a very quick half hearted Google attempt and have come up with nothing.

It appears to my uneducated mind that he is being picked up by county deputies to meet with his attorney. But I would think the attorney would go to the prison to meet with his client so I'm probably off base.

 

[KayKay.85]

https://shop.image1one.com/rememberBeverly/Products/Apparel/Tees

Get your order in for a Remember Beverly t-shirt. Mine is ordered!
#RememberBeverly

 

[KayKay.85]

https://shop.image1one.com/rememberBeverly/Products/Apparel/Tees

Get your order in for a Remember Beverly t-shirt. Mine is ordered!
#RememberBeverly

 

[LRMOM]

Yes! Will defintely be ordering!

 

[arkansasmimi]

It appears to my uneducated mind that he is being picked up by county deputies to meet with his attorney. But I would think the attorney would go to the prison to meet with his client so I'm probably off base.

I also would think the lawyer would meet with AL at the prison. Since it doesn't have a date, not sure if its for the court date later this month or to meet with the lawyer at his office. The PEN ORDER it appears to me and this is also an uneducated me thinking, its just an order signed by judge telling to ADOC to transfer from their custody to the PCSO custody. Paper trail. That's what I get from seeing it on a few other cases I looked at. Also, since so much of the case is sealed, possible the rest of the information is not published for that reason. I go out on a limb and say that the date of transfer is in other paperwork for security reasons. *jmo

*on the Criminal case
OTHER HEARING 02/26/2015
08:30 AM

http://law.justia.com/codes/arkansa...e-3/chapter-29/subchapter-1/section-12-29-111

 

[arkansasmimi]

Looking back, when AL same styled PEN Order was made for the Plea&Arraignment, 2 orders were also done. One for the spelling (incorrect Aaron) and another for Correct spelling AARON with an AKA Aaron..
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=7EF5E5CQ05UZNLTOIMXU42W8A9Q8WA
https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=R5PCU39U5MPOI2N9DPTNZMCRW781WW
11

I made comment long ways back about the spelling of his name and how on the case from Benton County 2011 orig was AARON then months later the docket shows amendment to the sentencing order correcting the misspelling of name.

Someone said it wasn't a big deal. It is in legal proceedings. Just my opinion, but I thinking they had to go along on the CRIMINAL Case with the way the Kidnapping warrant was spelled (Aaron)

This is the case in which the Probation Rev was applied to and why AL is currently incarcerated at the Tucker Max instead of the County Jail like CL.
Also, BBM shows that AL filed a motion to correct the spelling of his name. This is also the case where he filed suit and a settlement was made in AL favor.

The first case # was first docket recorded. The second # is same charges same case but given a case and docket number first entry in 2nd was Sept 19, 2011.

*** little trivia from reading all this case in which is violated Parole... AL violation date was Feb 15 2011. He wasn't arrested until March 10th and bonded out. Same day he bonded out he got married and he skipped town.. was arrested Sept 4 2011. TOS prevents any more discussion there**

Because AL name was spelled incorrectly in that case ORIG, JMHO I think that's why the Kidnapping Warrant is incorrectly spelled with his name. His SYSTEM #ID reflected the misspelling. http://archive.thv11.com/assetpool/documents/140928093308_warrant2.pdf The incorrect spelling as the Kidnapping Warrant appears, as does the arresting report generated for the Criminal Circuit case. The info for the arrest warrant report shows the misspelling.
https://localtvkfsm.files.wordpress.com/2014/11/lewis-and-lowery-felony-charges.pdf

The veh accident report reflects and attaches to the correct spelling of name with the Alias spelling, as does the District court docket..

I have it all figured out in my head now which is which .. but I look for some sort of order soon or I would think they would, to correct the spelling on the Circuit Case to keep stuff straight in the system. The extension requests on the Forensic Eval both times reflect the incorrect spelling. But all Orders or Letters from the Judge with reference to motions AL filed, or info Directly from AL attorney all reflect the correct spelling. :scared:



Case ID: 04CR-11-247A - STATE V ARRON MICHAEL LEWIS -PLEA

Filing Date: Thursday , March 10th, 2011
Court: 04 - BENTON
Location: CI - CIRCUIT
Type: DI - CRIMINAL DIRECT FILED
Status: CLOSED - CASE CLOSED

03:32 PM LEGACY DOCKET SHEET
Entry: DEFENDANT'S MOTION TO CORRECT CLERICAL MISTAKE IN COMMITMENT ORDER-INCARCERATED; PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS; AFFIDAVIT IN SUPPORT OF REQUEST TO PROCEED INFORMA PAUPERIS; BOOK/PAGE=0/0
Images No Images

04/12/2012
02:32 PM LEGACY DOCKET SHEET
Entry: SECOND AMENDED JUDGMENT AND COMMITMENT ORDER (11-21-11) AMENDED TO CORRECT SPELLING OF FIRST NAME OF DEFENDANT; BOOK/PAGE=2012/6766 BOOK=2012 PAGE=6766 PAGE=6766
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=04CR-11-247A&begin_date=&end_date=
04/09/2012


other case # from 2011 Appears to be the same charges but for some reason has a diff case number

Case ID: 04CR-11-1327 - STATE V ARRON MICHAEL LEWIS -PLEA

Filing Date: Thursday , October 20th, 2011
Court: 04 - BENTON
Location: CI - CIRCUIT
Type: DI - CRIMINAL DIRECT FILED
Status: CLOSED - CASE CLOSED


04/12/2012
02:32 PM LEGACY DOCKET SHEET
Entry: SECOND AMENDED JUDGMENT AND COMMITMENT ORDER (11-21-11) AMENDED TO CORRECT SPELLING OF FIRST NAME OF DEFENDANT; BOOK/PAGE=2012/6766 BOOK=2012 PAGE=6766 PAGE=6766
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=04CR-11-1327&begin_date=&end_date=

 

[SeeAlice]

Hi, everybody! (Especially you, Mimi. You'll be self-educated enough to pass the Arkansas Bar exam by the time this trial starts, IMO.)

When is the next docket date?

TKL - hope you & ALL the families are holding up well. You're still in my thoughts & prayers.

 

[grace4me]

https://shop.image1one.com/rememberBeverly/Products/Apparel/Tees

Get your order in for a Remember Beverly t-shirt. Mine is ordered!
#RememberBeverly

Love that the tshirt is her actual signature

 

[KayKay.85]

Love that the tshirt is her actual signature

I do too. Can't wait to get mine and wear it proudly! Also remember:

Any proceeds from Team “Remember Beverly” will be donated to our amazing friends at Women’s Own Worth. Please check them out at www.womensownworth.com or like them on Facebook.*