Jimmy Don Wooten v. State of Arkansas

Summary

The court recalled its mandate and authorized Wooten to pursue a second Rule 37 proceeding because his death-penalty postconviction petition was never verified by him, creating a defect or breakdown in the postconviction process. The court held that heightened procedural safeguards and fundamental fairness warranted extraordinary relief despite Wooten's failure to satisfy all previously identified mandate-recall criteria. Chief Justice Hannah dissented, arguing that the existing proceedings and lack of verification did not justify a second Rule 37 proceeding; Justice Brown concurred on the additional ground that counsel had failed to present substantial mitigation evidence.