VI. Criminal Law

• Library: Guide to Arkansas Statutes of Limitations (2017 Ed.)

VI. CRIMINAL LAW

A. GENERALLY.

1. When offense is committed. For the purposes of this section, an offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed. A.C.A. §§ 5-1-109(e)(1), (e)(2).

2. Tolling. The period of limitation does not run during any time when the accused is continually absent from the state or has no reasonably ascertainable place of abode or work within the state, but in no event shall this provision extend the period of limitation otherwise applicable by more than three (3) years, or during any period when a prosecution against the accused for the same conduct is pending in this state. A.C.A. § 5-1-109(g).

B. APPEAL – TIME AND METHOD OF TAKING APPEAL.

1. Notice of appeal. Within thirty (30) days from (1) the date of entry of a judgment, or (2) the date of entry of an order denying a post-trial motion under Ark. R. Crim. P. 33.3, or (3) the date a post-trial motion under Ark. R. Crim. P. 33.3 is deemed denied pursuant to subsection (b)(1) of this rule, or (4) the date of entry of an order denying a petition for post-conviction relief under Ark. R. Crim. P. 37, the person desiring to appeal the judgment or order or both shall file with the trial court a notice of appeal identifying the parties taking the appeal and the judgment or order or both being appealed. The notice shall also state whether the appeal is to the Court of Appeals or to the Supreme Court; and if to the Supreme Court, the appellant shall designate the applicable subdivision of Supreme Court Rule 1-2(a) which gives the Supreme Court jurisdiction. This declaration shall be for the purpose of placing the case with one court or the other for preliminary administration. It shall not preclude the appellant from filing his or her Brief pursuant to Supreme Court Rules 4-3 and 4-4 in the alternative court if that is later determined by the appellant to be appropriate. Ark. R. App. P. Crim. 2(a).

2. Time for filing.

a. Filing notice of appeal before the entry of judgment; extension of period for filing notice of appeal following timely filing of post-trial motion. A notice of appeal filed after the trial court announces a decision but before the entry of the judgment or order shall be treated as filed on the day after the judgment or order is entered. Upon timely filing in the trial court of a post-trial motion, the time for filing a notice of appeal shall be extended for all parties. The notice of appeal shall be filed within thirty (30) days from entry of the order disposing of the last motion outstanding. However, if the trial court neither grants nor denies the motion within thirty (30) days of its filing, the motion shall be deemed denied by operation of law as of the thirtieth day, and the notice of appeal shall be filed within thirty (30) days from that date. Ark. R. App. P. Crim. 2(b)(1).

b. Filing notice of appeal before disposition of any post-trial motions; amending previously filed notice of appeal of grant or denial of post-trial motion. A notice of appeal filed before disposition of any post-trial motions shall be treated as filed on the day after the entry of an order disposing of the last motion outstanding or the day after the motion is deemed denied by operation of law. Such a

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