2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 4 - Disposition of Offenders
Subchapter 6 - Trial and Sentence -- Capital Murder
§ 5-4-616 - Procedures following remand of capital case after vacation of death sentence -- Retroactive application.

5-4-616. Procedures following remand of capital case after vacation of death sentence -- Retroactive application.

(a) Notwithstanding 5-4-602(3) that requires that the same jury sit in the sentencing phase of a capital murder trial, the following shall apply:

(1) (A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced.

(B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony.

(C) When a capital case is remanded after vacation of a death sentence, the prosecutor may move the trial court to:

(i) Impose a sentence of life without parole, and the trial court may impose the sentence of life without parole without a hearing; or

(ii) Impanel a new sentencing jury;

(2) If the prosecutor elects subdivision (a)(1)(C)(ii) of this section the trial court shall impanel a new jury for the purpose of conducting a new sentencing proceeding;

(3) A new sentencing proceeding is governed by the provisions of 5-4-602(4) and (5) and 5-4-603 -- 5-4-605;

(4) (A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial and sentencing is admissible in the new sentencing proceeding.

(B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial; and

(5) The provisions of this section:

(A) Are procedural; and

(B) Apply retroactively to any defendant sentenced to death after January 1, 1974.

(b) This section shall not be construed to amend a provision of 5-4-602 requiring the same jury to sit in both the guilt and sentencing phases of the original trial.