Wertz v. State (Majority, with Dissenting)Annotate this Case
In 2007, Appellant was convicted of two counts of capital murder and sentenced to death. The Supreme Court affirmed on direct appeal. Appellant now filed a motion to recall the mandate entered following his direct appeal, asserting that the Court’s failure to raise sua sponte the issue of the submission of a single set of penalty-phase verdict forms following his conviction constituted a defect or breakdown in the appellate process sufficient to justify recall of the mandate. The Supreme Court granted the motion and reversed Appellant’s sentence of death, holding that the Court’s failure to raise the issue of the erroneous submission to the jury of a single set of forms constituted a defect in the appellate process. Remanded for resentencing.