Ward v. State (Majority)
Annotate this CasePetitioner was convicted of capital murder and sentenced to death. In Ward I, the Supreme Court affirmed Petitioner’s conviction for capital murder but reversed his death-penalty sentence and remanded for resentencing. Petitioner filed this motion to recall the mandate in Ward I, arguing that a recall was warranted because there was a defect or breakdown in the appellate process when the Court failed to recognize the circuit court’s violation of Ake v. Oklahoma and appellate counsel failed to raise the issue in Petitioner’s direct appeal. The Supreme Court denied the motion, holding that Petitioner failed to establish a breakdown in the appellate process that warranted a recall of the mandate in Ward I.
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