SMITH v. FOX

No. CR 04-71.

193 S.W.3d 238 (2004)

Tyree SMITH, Petitioner, v. The Honorable Timothy FOX, Circuit Judge, Respondent.

Supreme Court of Arkansas.

September 16, 2004.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender, by: Sharon Kiel, Deputy Public Defender, Little Rock, for Appellant.

Mike Beebe, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., Little Rock, for appellee.


TOM GLAZE, Justice.

This case comes before us as a petition for writ of prohibition, or in the alternative, writ of certiorari or writ of mandamus. We are asked to decide whether a federal mental evaluation is sufficient to satisfy Arkansas' statutory scheme governing such evaluations, found in Ark.Code Ann. § 5-2-305 (Supp.2003). Procedurally, the State also questions whether the petitioner Tyree Smith has standing to obtain any one of the extraordinary writs...

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