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

[guardian1234]

true many good people on the internet but you must really find out about these people . Communicate, if u feel funny about them don't communicate any longer trust your gut !!

 

[arkansasmimi]

I remb when Ronald Gene Simmons killed his whole family and got death. There was a new report stating how many yrs there were in appeals, and a DP case is automatically appealed. (iirc) I am guessing that there would have to be some reason to appeal a life sentence, like something done wrong. And not as long drawn out of a process.

 

[arkansasmimi]

Had they gone with the Death Penalty, I don't believe AL could have represented himself. I believe have to be a death qualified attorney. Not sure if for whole trial or only the penalty phase if found guilty.

 

[beaglebrd]

I agree. They didn't go for the DP in Anne Pressley death either, and it was equally horrible. Most on death row, wont ever meet their sentence. I think they should have hard labor in prison doing their time. JMHO and the whole commissary $, that should be an earned privilege. JMO

There is also a bill in the legislature currently to abolish the death penalty in Arkansas.

 

[CodeSiren]

Question - if he is representing himself, can he call CL as a witness and question her? How does the whole spousal privilege thing tie in? Or am I heading down a rabbit hole...

 

[arkansasmimi]

03/04/2015
12:52 PM ORDER OTHER
Entry: DEF RELIEVE ATTORNEY, PROCEED PROSE
Images WEB

Hensley has to turn over his entire case file to Arron Lewis by Monday March 9, 2015 https://contexte.aoc.arkansas.gov/i...resent2?DMS_ID=ZITEZ8FEGDKFRYI7KSSB2VG4XVHVW6

 

[arkansasmimi]

Will AL be appointed a Standby Counsel? I reading and saw this:

Standby Counsel
It's possible that the judge will appoint a standby counsel. The idea here is to let you exercise your right to self-representation while at the same time making sure that the trial runs smoothly; that you have help, if needed; and that there's someone who can take over the trial if the court ends your self-representation, such as if you become ill or you refuse to follow proper courtroom procedure.

Doesn't the appointment of standby counsel violate my right to self-representation? Not necessarily. Your rights aren't violated so long as you have control over the case. That's so even if the appointed counsel takes some action in your case, even if you don't want her to. The appointment of standby counsel won't violate your rights so long as you can:

•Control the theory of your defense and how it's presented in court
•Make motions
•Participate in voir dire - the jury selection process
•Question witnesses, and
•Speak to the judge and the jury

 

[arkansasmimi]

Will AL be appointed a Standby Counsel? I reading and saw this:

Standby Counsel
It's possible that the judge will appoint a standby counsel. The idea here is to let you exercise your right to self-representation while at the same time making sure that the trial runs smoothly; that you have help, if needed; and that there's someone who can take over the trial if the court ends your self-representation, such as if you become ill or you refuse to follow proper courtroom procedure.

Doesn't the appointment of standby counsel violate my right to self-representation? Not necessarily. Your rights aren't violated so long as you have control over the case. That's so even if the appointed counsel takes some action in your case, even if you don't want her to. The appointment of standby counsel won't violate your rights so long as you can:

•Control the theory of your defense and how it's presented in court
•Make motions
•Participate in voir dire - the jury selection process
•Question witnesses, and
•Speak to the judge and the jury

Sorry to quote myself. It appears so, according to this:

PULASKI COUNTY (KATV) -

The two suspects charged in the kidnapping and murder of realtor Beverly Carter appeared in court Wednesday morning.

Arron Lewis was brought into the courtroom by several guards. He was carrying an Arkansas law summary book. Crystal Lowery was escorted in with other inmates.

After considering the results of the court-ordered mental evaluation, Judge Herbert Wright ruled Lewis fit to stand trial.

Arron Lewis put forth a motion to represent himself at trial. Judge Wright asked Lewis a number of questions then agreed to allow him to represent himself. Lewis' attorney James Hensley tells Channel 7 News that he will continue to provide assistance to Lewis throughout the course of the trial.

The prosecution announced they would not be seeking the death penalty against Lewis or Lowery at the request of the Carter family. Several members of the family, including Beverly's husband Carl and son Carl Jr., were present in the courtroom. Many of her fellow Crye-Leike realtors were also in attendance.

Channel 7 News asked Pulaski County Chief Deputy Prosecutor John Johnson if he thought it would be easier to prosecute Lewis since he's representing himself. Johnson said the prosecution team would do the same job regardless of Lewis' representation.

Judge Wright set a pretrial date of June 1 and a trial date of July 7. Lowery and Lewis will be tried separately but on the same day.

* anyone know how they do that? Sounds confusing way written. Surely they don't think the trial will be 1 day? Possible I guess.
** I am thinking CL was brought in with other inmates, because she was brought from the Pulaski County Regional Jail. They most likely all with court appearances come on the van together. AL was possibly brought by LEO transport straight from Tucker and returned. It wasn't long too long after court proceedings, that Vine msg stated he was Returned from Out to Court Status.
*** it also appears he will have the legal assistance from Hensley, so AL is not totally on his on.

Just my opinion, as I admit I have no legal education/

 

[arkansasmimi]

** the news channels are adding video updating their stories.

 

[concernedmother]

Wow. Snooze and lose. Been on JA verdict thread seems like forever now and forgot they had a court appearance today. Going to be interesting to see how this plays out with AL representing himself. But why am I not surprised? Because he thinks he is smarter than an attorney. What an inflated ego.

 

[arkansasmimi]

Docket for Circuit Court Crystal Hope Lowery Arron Lewis


PLEA & ARRAIGNMENT 12/03/2014
08:15 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT
OTHER HEARING 02/26/2015
08:30 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT

OTHER HEARING 03/04/2015
08:30 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT

OMNIBUS HEARING 06/01/2015
08:30 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT

OTHER HEARING 07/07/2015
08:30 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT

JURY TRIAL 07/07/2015
09:00 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT

JURY TRIAL 07/15/2015
09:00 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT
https://caseinfo.aoc.arkansas.gov/c...=P&case_id=60CR-14-3928&begin_date=&end_date=


BBM, I BET THAT AL TRIAL IS JULY 7 AND CL IS JULY 15.... THEY JUST BOTH HAVE HEARING THAT MORNING AT 830!! Media smh lol

 

[concernedmother]

I think July would be pushing it for a seasoned attorney.

 

[arkansasmimi]

I think July would be pushing it for a seasoned attorney.

Probably just a starting place? I know there are time frames that have certain things to be done by *advertiser censored* days, or so I have read. Every time they "TOLLED" speedy trial, that stopped the clock.

 

[arkansasmimi]

OMNIBUS HEARING 06/01/2015
08:30 AM COURTROOM 440, 4TH DIVISION CIRCUIT HON. HERBERT WRIGHT - 4TH DIVISION 6TH CIRCUIT


An omnibus hearing is a criminal pretrial hearing. Typically, disclosure of evidentiary matters, procedural, and constitutional issues are attempted to be resolved. Omnibus hearings are governed by state laws and local court rules, which vary by area.

The following is an example of a state law governing omnibus hearings:

Omnibus Hearing.

(1) At the omnibus hearing, the court, in counsel and defendant's presence--unless the defendant waives the right to be present-- must:

(A) ensure that, if required, counsel has been provided for the defendant;

(B) determine whether discovery is complete and, if not, make orders to expedite completion;

(C) determine whether there are requests for additional disclosures under Rule16;

(D) rule on any pending motion or request and determine whether any additional motion or request will be made at the hearing or a continued hearing;

(E) determine whether any procedural or constitutional issues exist;

(F) on agreement of counsel, or on a finding that the trial may be protracted or complex, schedule a pretrial conference under Rule 17.1(c); and

(G) on the defendant's request, permit a change of plea.

(2) Unless the court otherwise directs, any pretrial motion or request must be presented at the omnibus hearing. All issues presented at the omnibus hearing may be raised without prior notice by counsel or the court. If discovery, investigation, an evidentiary hearing, or a formal presentation is necessary for a fair determination of any issue, the omnibus hearing may be continued.

(3) Any pretrial motion, request or issue not raised at the omnibus hearing is waived, unless the party did not have the information necessary to make the motion or request or raise the issue.

(4) Stipulations by any party or party counsel will bind the parties at trial unless set aside or modified by the court in the interests of justice.

(5) A record must be made of all proceedings at the hearing indicating disclosures made, rulings and orders of the court, stipulations, and any other matters determined or pending.
http://definitions.uslegal.com/o/omnibus-hearing/

 

[arkansasmimi]

They are having AL trial first. He was arrested first.... but iirc, whatever comes out in his trial can be used against CL in her trial.

Would they have to share with AL what they have against CL and visa versa since they have separate trials??

There is no telling what CL told LEO when she was there all day on Sept 30 WITH OUT A LAWYER!

This is going to be interesting for sure. AL got back to Tucker in time today to get a few things sketched out. I look for some filings to start getting sent. Monday, Hensley suppose to have the case file to AL. 3 months til next hearing... he will have writers cramp lol

 

[arkansasmimi]

Rule 17.1. Prosecuting Attorney'S Obligations.

a) Subject to the provisions of Rules 17.5 and 19.4, the prosecuting attorney shall disclose to defense counsel, upon timely request, the following material and information which is or may come within the possession, control, or knowledge of the prosecuting attorney:

(i) the names and addresses of persons whom the prosecuting attorney intends to call as witnesses at any hearing or at trial;

(ii) any written or recorded statements and the substance of any oral statements made by the defendant or a codefendant;

(iii) those portions of grand jury minutes containing testimony of the defendant;

(iv) any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments or comparisons;

(v) any books, papers, documents, photographs or tangible objects, which the prosecuting attorney intends to use in any hearing or at trial or which were obtained from or belong to the defendant; and

(vi) any record of prior criminal convictions of persons whom the prosecuting attorney intends to call as witnesses at any hearing or at trial, if the prosecuting attorney has such information.

(b) The prosecuting attorney shall, upon timely request, inform defense counsel of:

(i) the substance of any relevant grand jury testimony;

(ii) whether, in connection with the particular case, there has been any electronic surveillance of the defendant's premises or of conversations to which he was a party;

(iii) the relationship to the prosecuting authority of persons whom the prosecuting attorney intends to call as witnesses.

(c) The prosecuting attorney shall, upon timely request, disclose and permit inspection, testing, copying, and photocopying of any relevant material regarding:

(i) any specific searches and seizures;

(ii) the acquisition of specified statements from the defendant.

(d) Subject to the provisions of Rule 19.4, the prosecuting attorney shall, promptly upon discovering the matter, disclose to defense counsel any material or information within his knowledge, possession, or control, which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the punishment therefor.
https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-criminal-procedure

 

[mpnola]

I was trying to find information about people who self-represent during a murder tiral being found not guilty. I am finding much more of the being found guilty verdict.

http://www.wftv.com/news/news/local/accused-killer-representing-self-may-take-stand/nZQt8/

"It's really unwise in a capital case to represent yourself," said WFTV legal analyst Bill Sheaffer. "Look, you don't know what you don't know and it can come back to hurt you."

This is less about guilty and not guilty to Arron than it is about a stage for his performance. The fact that he would be questioning Crystal directly at his trial if someone calls her is very peculiar! He will be questioning things he already knows the answers to, so he will know the right things to ask, depending what he wants the answer to be. I have a feeling he will not be short-winded and to the point with this trial and it is not going to be pretty. That's just my opinion.

 

[concernedmother]

If they have a prosecutor half as good as Juan Martinez he will eat AL alive. He could actually make things worse for CL. Also, he may be able to write motions and thinks he is smarter than an attorney but what does he know about forensics and all the technology data that will be brought out in court? Let him go hang himself. Im sure that stuff will come out that will affect both cases so bring it on AL.

 

[arkansasmimi]

I was trying to find information about people who self-represent during a murder tiral being found not guilty. I am finding much more of the being found guilty verdict.

http://www.wftv.com/news/news/local/accused-killer-representing-self-may-take-stand/nZQt8/

"It's really unwise in a capital case to represent yourself," said WFTV legal analyst Bill Sheaffer. "Look, you don't know what you don't know and it can come back to hurt you."

This is less about guilty and not guilty to Arron than it is about a stage for his performance. The fact that he would be questioning Crystal directly at his trial if someone calls her is very peculiar! He will be questioning things he already knows the answers to, so he will know the right things to ask, depending what he wants the answer to be. I have a feeling he will not be short-winded and to the point with this trial and it is not going to be pretty. That's just my opinion.

But the Pros Attny will do rebuttal. I would think seriously they would know and could impeach her testimony. One reason too they may be having her afterwards.

 

[arkansasmimi]

Stay warm and safe if your in the Winter weather part of the world!