- Associated Press - Saturday, June 4, 2016

FORT SMITH, Ark. (AP) - A man whose murder conviction and death sentence was overturned now wants the Arkansas Supreme Court to dismiss the case.

An attorney for Rickey Dale Newman asked the court to dismiss the capital murder charge on the grounds that he did not receive a speedy trial.

The Arkansas Democrat-Gazette reports (https://bit.ly/1PuxK5t ) that the court issued an order saying it wants more information before deciding whether to hear the appeal.

Attorney Julie Brain says the state failed to bring Newman to trial within a year of the state Supreme Court overturning his murder conviction and death sentence because he was mentally incompetent. Brain said 249 days were wrongly excluded from the speedy trial calculation for mental evaluations.

Brain was convicted of killing Marie Cholette in 2001 at a transient camp near Van Buren.

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Information from: Arkansas Democrat-Gazette, https://www.arkansasonline.com

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