In Re: Rook v. Sheriff

Annotate this Case
IN RE: Benjamin A. ROOK v. SHERIFF, Pulaski
County, Arkansas

CR 96-168                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 12, 1996


Appeal & error -- motion for rule on clerk -- petition for issuance
     of writ of habeas corpus -- matter remanded for findings of
     fact. -- Where petitioner, who, after having been charged with
     theft by deception and having made bail and later given notice
     that his defense would be mental disease or defect, was
     incarcerated by the trial court pending a mental-health
     evaluation; where petitioner petitioned for issuance of a writ
     of habeas corpus for release from jail and made a motion for
     rule on the clerk to lodge his record in the supreme court;
     and where an order for the mental-health evaluation was
     attached to the habeas corpus petition, but no other order
     providing reasons for the incarceration was included in the
     record tendered, the supreme court remanded the matter,
     directing the trial court to enter within ten days findings of
     fact and the reasons for petitioner's incarceration pending
     the mental-health evaluation.


     Motion for Rule on the Clerk; Petition for Issuance of Writ of
Habeas Corpus; remanded.
     Robert J. Brown, for petitioner.
     Winston Bryant, Att'y Gen., by:  Clint Miller, Deputy Att'y
Gen. and Senior Appellate Advocate, for respondent.

     Per Curiam.
Per Curiam
February 12, 1996






IN RE: BENJAMIN A. ROOK,
                   PETITIONER,

V.

SHERIFF, PULASKI COUNTY,
ARKANSAS,
                   RESPONDENT,

CR 96-168




MOTION FOR RULE ON THE CLERK OF
THE COURT

PETITION FOR ISSUANCE OF WRIT
OF HABEAS CORPUS




REMANDED.



                           Per Curiam.


     Petitioner Benjamin A. Rook is charged with four counts of
theft by deception.  He made bail and later gave notice that his
defense would be mental disease or defect.  He was then
incarcerated by the trial court, pending his mental health
evaluation.  He now petitions for issuance of a writ of habeas
corpus for release from jail and moves for a motion for rule on the
clerk to lodge his record in this court.  An order for the mental
health evaluation of the defendant filed January 9, 1996, is
attached to the habeas corpus petition, but no other order of the
trial court providing reasons for the incarceration is included in
the record tendered to this court.
     The trial court is directed to enter findings of fact and the
reasons for the petitioner's incarceration pending the mental
health evaluation, within 10 days of the date of this per curiam
order.

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