Terrick Terrell Nooner, Appellant v. State of Arkansas, Appellee

Summary

The court denied Nooner’s motion to recall the direct-appeal mandate and declined to vacate or remand his death sentence. It held that he failed to show an error or breakdown in the appellate process, because the jury could have considered and rejected his mitigating evidence and the challenged temporal language did not create a reasonable likelihood that the jury excluded relevant mitigation. The court also overruled the precedent that had treated a similar verdict-form issue as a basis for recalling a mandate. Chief Justice Hannah, dissenting, would have recalled the mandate and ordered resentencing because the verdict form indicated that the jury failed to consider Nooner’s mitigating evidence.