Browse Arkansas Code titles and sections
13-4-409. Items in the possession of a county sheriff's office pursuant to a criminal investigation or court case — Felonies.
Arkansas Code — all titles (historical 2020) · legal_authorities
13-4-409. Items in the possession of a county sheriff's office pursuant to a criminal investigation or court case — Felonies.
(a) If an item is in the possession of a county sheriff's office pursuant to a felony criminal investigation, it shall be retained until the applicable statute of limitation for the most serious possible crime to which it could be connected has lapsed.
(b)(1) If an item is in the possession of a county sheriff's office pursuant to a felony court case, it shall be retained for a period of two (2) years after the date of the final judgment if there is no appeal of the conviction.
(2)(A) If there is an appeal of the conviction to an appellate court, the item shall be retained for three (3) years after the final judgment is entered and after the conclusion of any post-conviction litigation.
(B) Post-conviction litigation includes without limitation:
(i) Proceedings under Rule 37 of the Arkansas Rules of Criminal Procedure;
(ii) State habeas corpus proceedings under § 16-112-101 et seq.; and
(iii) Federal habeas corpus proceedings under 28 U.S.C. § 2254.
(c)(1) An item relating to the investigation of any of the following crimes shall be retained for ninety-nine (99) years:
(A) Capital murder, § 5-10-101;
(B) Murder in the first degree, § 5-10-102;
(C) Murder in the second degree, § 5-10-103;
(D) Rape, § 5-14-103;
(E) Sexual assault in the first degree, § 5-14-124; and
(F) Arson, § 5-38-301.
(2) A deoxyribonucleic acid (DNA) sample or test result shall be retained for fifty (50) years.
(d) After the time periods prescribed in this section have lapsed and an item may be disposed of or destroyed, a noncontraband item shall be returned to its owner.
(e) The county sheriff shall petition the circuit court for the disposal
Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-4-409
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:13-4-409
Source file: gov.ar.code.title.13.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ce9b410d566222011de6b6eae17c9b65b37a2d19eb1ec79b546b22333b325c53
Source location: content.xml paragraph 1826
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13-4-409. Items in the possession of a county sheriff's office pursuant to a criminal investigation or court case — Felonies.
(a) If an item is in the possession of a county sheriff's office pursuant to a felony criminal investigation, it shall be retained until the applicable statute of limitation for the most serious possible crime to which it could be connected has lapsed.
(b)(1) If an item is in the possession of a county sheriff's office pursuant to a felony court case, it shall be retained for a period of two (2) years after the date of the final judgment if there is no appeal of the conviction.
(2)(A) If there is an appeal of the conviction to an appellate court, the item shall be retained for three (3) years after the final judgment is entered and after the conclusion of any post-conviction litigation.
(B) Post-conviction litigation includes without limitation:
(i) Proceedings under Rule 37 of the Arkansas Rules of Criminal Procedure;
(ii) State habeas corpus proceedings under § 16-112-101 et seq.; and
(iii) Federal habeas corpus proceedings under 28 U.S.C. § 2254.
(c)(1) An item relating to the investigation of any of the following crimes shall be retained for ninety-nine (99) years:
(A) Capital murder, § 5-10-101;
(B) Murder in the first degree, § 5-10-102;
(C) Murder in the second degree, § 5-10-103;
(D) Rape, § 5-14-103;
(E) Sexual assault in the first degree, § 5-14-124; and
(F) Arson, § 5-38-301.
(2) A deoxyribonucleic acid (DNA) sample or test result shall be retained for fifty (50) years.
(d) After the time periods prescribed in this section have lapsed and an item may be disposed of or destroyed, a noncontraband item shall be returned to its owner.
(e) The county sheriff shall petition the circuit court for the disposal or destruction of contraband or an item for which an owner has not asserted a claim.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
**(b)**
(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that—
(A) the applicant has exhausted the remedies available in the courts of the State; or
(B)
(i) there is an absence of available State corrective process; or
(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.
(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.
(3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement.
**(c)** An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question presented.
**(d)** An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly establ
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2254
Stored review status: release_metadata_unconfirmed. The source passage cites 28 U.S.C. § 2254. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 523
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2254
1949—Act May 24, 1949, substituted ‘‘3042’’ for ‘‘3041’’
in second par.
§ 2254. State custody; remedies in Federal courts
(a) The Supreme Court, a Justice thereof, a
circuit judge, or a district court shall entertain
an application for a writ of habeas corpus in be-
half of a person in custody pursuant to the judg-
ment of a State court only on the ground that
he is in custody in violation of the Constitution
or laws or treaties of the United States.
(b)(1) An application for a writ of habeas cor-
pus on behalf of a person in custody pursuant to
the judgment of a State court shall not be
granted unless it appears that—
(A) the applicant has exhausted the remedies
available in the courts of the State; or
(B)(i) there is an absence of available State
corrective process; or
(ii) circumstances exist that render such
process ineffective to protect the rights of the
applicant.
(2) An application for a writ of habeas corpus
may be denied on the merits, notwithstanding
the failure of the applicant to exhaust the rem-
edies available in the courts of the State.
(3) A State shall not be deemed to have waived
the exhaustion requirement or be estopped from
reliance upon the requirement unless the State,
through counsel, expressly waives the require-
ment.
(c) An applicant shall not be deemed to have
exhausted the remedies available in the courts
of the State, within the meaning of this section,
if he has the right under the law of the State to
raise, by any available procedure, the question
presented.
(d) An application for a writ of habeas corpus
on behalf of a person in custody pursuant to the
judgment of a State court shall not be granted
with respect to any claim that was adjudicated
on t
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2254
Stored review status: historical_2024_not_currentness_verified. The source passage cites 28 U.S.C. § 2254. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-101. Procedure.
The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-112-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-101. Capital murder.
(a) A person commits capital murder if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit:
(i) Terrorism, as defined in § 5-54-205;
(ii) Rape, § 5-14-103;
(iii) Kidnapping, § 5-11-102;
(iv) Vehicular piracy, § 5-11-105;
(v) Robbery, § 5-12-102;
(vi) Aggravated robbery, § 5-12-103;
(vii) Residential burglary, § 5-39-201(a);
(viii) Commercial burglary, § 5-39-201(b);
(ix) Aggravated residential burglary, § 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, § 5-54-110; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
(2) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit arson, § 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-102. Murder in the first degree.
(a) A person commits murder in the first degree if:
(1) Acting alone or with one (1) or more other persons:
(A) The person commits or attempts to commit a felony; and
(B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
(2) With a purpose of causing the death of another person, the person causes the death of another person; or
(3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
(b) It is an affirmative defense to any prosecution under subdivision (a)(1) of this section for an offense in which the defendant was not the only participant that the defendant:
(1) Did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid the homicidal act's commission;
(2) Was not armed with a deadly weapon;
(3) Reasonably believed that no other participant was armed with a deadly weapon; and
(4) Reasonably believed that no other participant intended to engage in conduct that could result in death or serious physical injury.
(c)(1) Murder in the first degree is a Class Y felony.
(2) Unless the application of § 16-93-621 results in a person's being eligible for parole at an earlier date, if a person was younger than eighteen (18) years of age at the time he or she committed murder in the first degree and is sentenced to life imprisonment, the person is eligible for parole after serving a minimum of twenty-five (25) years' imprisonment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-10-103. Murder in the second degree.
(a) A person commits murder in the second degree if:
(1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
(2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.
(b) Murder in the second degree is a Class A felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-10-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-10-103. This identifies an authority to review, not proof of applicability.