Goston v. State
In Goston v. State, 326 Ark. 106, 110, 930 S.W.2d 332, 334 (1996), the appellant requested a mental examination on July 20, 1993. A report of that examination was filed with the court on January 14, 1994. Goston had a number of separate criminal cases pending during this same time frame. He "insisted" to the trial court that the mental evaluations that were being performed relative to his other cases be completed before any of his cases were tried. Id.
The trial court "accommodated Goston's requests" and did not set a trial date until after all of the evaluations from his other cases were completed. Id. The last of the other evaluations were filed on October 31, and the trial court set a May 16, 1995, trial date.
The supreme court held that the period between July 20, 1993, and January 14, 1994, was excludable because the parties were awaiting the results of Goston's mental examination in that case. It is true that the supreme court also held that the period between January 14, 1994, and October 31, 1994, was excludable, but it did so "because Goston was instrumental in obtaining these continuances." Id.
Notably, the supreme court did not exclude the period between receipt of the last evaluation and the next trial setting.