Ward v. State (Majority, with Dissenting)
Annotate this CasePetitioner was convicted of capital murder and sentenced to death. After the Supreme Court twice reversed Petitioner’s sentence, a third jury again sentenced Petitioner to death. The Supreme Court affirmed the sentence on appeal. Petitioner subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.5. The circuit court denied the petition after a hearing. The Supreme Court affirmed in Ward IV. Petitioner then moved the Supreme Court to recall the mandate in Ward IV, identifying three issues that he suggested amounted to a defect or breakdown in the appellate process sufficient to justify recalling the mandate. The Supreme Court denied the motion, holding that Petitioner failed to establish a defect or breakdown in the appellate process sufficient to support recalling the postconviction appeal mandate.
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