Ward v. State (Majority)
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 in Ward III. After Petitioner unsuccessfully sought relief under Ark. R. Crim. P. 37.1 and unsuccessfully petitioned to reinvest jurisdiction in the circuit court to consider a petition for a writ of error coram nobis, Petitioner filed a motion to recall the mandate in Ward III. In support of his motion, Petitioner identified two issues that he asserted amount to a defect or breakdown in the appellate process sufficient to justify recalling the mandate. The Supreme Court denied the motion, holding that the record demonstrated that a breakdown in the appellate process in Ward III did not occur and there was nothing to be remedied by recalling the mandate.
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