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2014 Ark. 308
Ark.
2014
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Background

  • Newman was convicted of capital murder in 2002 and sentenced to death in Crawford County.
  • Newman II and Newman III described procedural history and determined Newman was not competent to stand trial in 2002.
  • Newman III reversed the finding of competency and remanded for a new trial; mandate issued February 5, 2014.
  • On February 28, 2014, the circuit court entered a Not-Fit-To-Proceed Commitment under Ark. Code Ann. § 5-2-310, detaining Newman in DHS custody for fitness restoration.
  • In March 2014, Newman challenged the commitment via a petition for writ of certiorari; he later moved to dismiss as moot since he was moved to the county jail.
  • The Arkansas Supreme Court granted the motion to dismiss, concluding the issues were moot and would have no practical effect.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is the petition moot? Newman maintains moot because he is no longer at the hospital. The petition targets the Not-Fit-To-Proceed Commitment and is moot if no ongoing hospital confinement exists. Yes, moot; petition dismissed.
Was the commitment proper without a current fitness exam? Court did not conduct a current fitness-to-proceed examination before committing Newman. Proceedings invoked retroactive findings from Newman III to support commitment. Not reviewed due to mootness.
May the court rely on Newman III to justify a current competency assessment? Newman III is retrospective and cannot substitute for a present evaluation. Newman III provides the framework for restoration of fitness and potential ongoing proceedings. Mootness precludes addressing this issue.

Key Cases Cited

  • Wigley v. Hobbs, 2013 Ark. 379 (Ark. 2013) (mootness doctrine; no advisory opinions)
  • Lott v. Langley, 2013 Ark. 247 (Ark. 2013) ( mootness analysis; practical effect governs review)
  • Newman v. State, 2014 Ark. 7 (Ark. 2014) (reverses circuit court on competency; remands for new trial)
  • Newman v. State, 353 Ark. 258 (Ark. 2003) (affirmed conviction on direct appeal (Newman I))
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Case Details

Case Name: Newman v. Crawford Cnty. Cir. Ct.
Court Name: Supreme Court of Arkansas
Date Published: Jun 26, 2014
Citations: 2014 Ark. 308; CR-14-268
Docket Number: CR-14-268
Court Abbreviation: Ark.
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    Newman v. Crawford Cnty. Cir. Ct., 2014 Ark. 308