Kelly v. State

Karen R. Baker,

A jury in Phillips County Circuit Court found appellant, Theodis Kelly, guilty of first-degree murder. He was sentenced to fifty-five years’ imprisonment in the Arkansas Department of Correction. He raises two arguments on appeal. First, he argues that the trial court erred in failing to order a psychiatric evaluation. Second, he argues that the trial court erred in failing to instruct the jury on the lesser-included offense of manslaughter. We agree that the trial court erred in failing to order a psychiatric evaluation and reverse and remand for a new trial. •

On June 1, 1999,…