State v. Thomas, 2014 Ark. 362

State of Arkansas appeals dismissal of second-degree battery and second-degree assault charges against Derrick L. Thomas arising from an April 6, 2011 incident at the Arkansas State Hospital.
Thomas was court-ordered for a mental evaluation; charges filed May 2, 2011; circuit court suspended proceedings August 2011 pending mental-health evaluation.
Psychiatric evaluation found Thomas unfit to stand trial; Dr. Mark Peacock diagnosed paranoid schizophrenia and intermittent-explosive disorder and opined Thomas could not be restored to competency.
Thomas’s therapist at Dayspring, Nicholas Ward, testified Thomas was unfit to stand trial and could not consistently describe the incident.
Circuit court dismissed the battery charges on October 30, 2013; State moved to reconsider; the State appealed arguing dismissal violated 5-2-310(c)(2) and the separation-of-powers doctrine; the Supreme Court reversed and remanded for proper statutory interpretation.
The Court determined the appeal was proper as a legal, nationwide interpretive issue and proceeded to de novo statutory construction of 5-2-310.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 5-2-310(c)(2) authorizes dismissal when fitness has not been regained	State argues dismissal under (c)(2) requires a finding that fitness has been regained	Thomas contends the circuit court properly dismissed under (c)(2)	Dismissal without regained fitness improper

Mauppin v. State, 309 Ark. 235 (1992) (foundation for when rehabilitation affects proceedings; distinguished from this case)
State v. Martin, 2012 Ark. 191 (2012) (statutory interpretation with de novo review; plain-language rules apply)
State v. Colvin, 2013 Ark. 203 (2013) (contemporary statutory construction considerations and harmony with related provisions)
State v. Long, 311 Ark. 248 (1992) (broader principles of statutory interpretation and uniform administration of criminal law)