{
  "id": 1900925,
  "name": "Ernest Dewayne LEMONS v. STATE of Arkansas",
  "name_abbreviation": "Lemons v. State",
  "decision_date": "1991-09-16",
  "docket_number": "CR 91-108",
  "first_page": "424",
  "last_page": "425",
  "citations": [
    {
      "type": "official",
      "cite": "306 Ark. 424"
    },
    {
      "type": "parallel",
      "cite": "814 S.W.2d 559"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "245 Ark. 899",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1606784
      ],
      "weight": 2,
      "year": 1968,
      "opinion_index": 0,
      "case_paths": [
        "/ark/245/0899-01"
      ]
    },
    {
      "cite": "248 Ark. 184",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1597660
      ],
      "weight": 2,
      "year": 1970,
      "opinion_index": 0,
      "case_paths": [
        "/ark/248/0184-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 186,
    "char_count": 1976,
    "ocr_confidence": 0.891,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.06944207944169718
    },
    "sha256": "bbc544d19d73006f8f9ebf43ec1f481847cdf7e17782e802e70bdf5277a95aef",
    "simhash": "1:5ffd5593537798cf",
    "word_count": 321
  },
  "last_updated": "2023-07-14T15:19:57.276738+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ernest Dewayne LEMONS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant, who was already on probation, was charged with the murder of Mr. Stephens. Appellant\u2019s probation was revoked, and appellant appealed. The parties have submitted their briefs, and the case awaits submission.\nAfter appellant\u2019s probation was revoked, he was tried on the murder charge, and at the close of the state\u2019s case, the state moved for dismissal, which was granted. The state\u2019s request for dismissal was prompted by its witness\u2019s (Dr. Fahmy Malak\u2019s) testimony that Stephens had died from a gun shot close to the head. Other state witnesses presented conflicting testimony to the effect that Stephens had been shot from a distance.\nAfter dismissal of the murder charges, appellant seeks to supplement the record in his revocation appeal with Dr. Fahmy Malak\u2019s trial testimony even though such testimony was given nearly six months after the revocation hearing. The state objects to such supplementation, but alternatively requests that it, too, should be allowed to supplement the record with pathology expert reports that conflict with Malak\u2019s testimony.\nBecause this court\u2019s role is not one of factfinding, we are in no position to determine what effect any of the proffered testimony might have had on the trial court when it revoked appellant\u2019s probation. The trial court did not have benefit of what has transpired since its revocation decision and because we have not, as yet, decided this matter on the original record, we remand this cause to the trial court for a rehearing or reexamination and reevaluation of all relevant evidence. See Johnson v. State, 248 Ark. 184, 450 S.W.2d 564 (1970); Mitchell v. Bishop, 245 Ark. 899, 435 S.W.2d 91 (1968); see also, 24B C.J.S. Criminal Law \u00a7 1943 (1962).",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Daniel D. Becker, for appellant.",
      "Winston Bryant, Att\u2019y Gen., by: Pamela Rumpz, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Ernest Dewayne LEMONS v. STATE of Arkansas\nCR 91-108\n814 S.W.2d 559\nSupreme Court of Arkansas\nOpinion delivered September 16, 1991\nDaniel D. Becker, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Pamela Rumpz, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0424-01",
  "first_page_order": 476,
  "last_page_order": 477
}