Legal Opinion

Haskins v. State

Supreme Court of Arkansas

Decided October 30, 1978No. CR78-112PublishedCited by 14 opinions

1Opinion of the Court

George Rose Smith, Justice.

Under the controlling statute, notice and a hearing are required as conditions to the revocation of a suspended sentence or of probation in a criminal case. Ark. Stat. Ann. § 41-1209 (1) (Repl. 1977). Under subsection (2) of that statute the hearing “shall be conducted . . . within a reasonable period of time, not to exceed 60 days, after the defendant’s arrest. ” The question here is whether the 60-day limitation is jurisdictional, so that it can be raised for the first time in this court. We hold that the limitation is not jurisdictional.

On November 21, 1977,…

2Cases cited2 opinions

  1. Hawkins v. StateSupreme Court of Arkansas · 1972
  2. Sugar Grove School District No. 19 v. Booneville Special School District No. 65Supreme Court of Arkansas · 1945

3Cited by14 opinions

  1. Jenkins v. BogardSupreme Court of Arkansas · 1998
  2. Cobbins v. StateSupreme Court of Arkansas · 1991
  3. Phillips v. StateCourt of Appeals of Arkansas · 1986
  4. Jones v. StateCourt of Appeals of Arkansas · 2012
  5. Lark v. StateSupreme Court of Arkansas · 1982

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