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

Summary

The court denied Nooner’s motion to recall the direct-appeal mandate, holding that he failed to show an appellate-process error or other extraordinary circumstance warranting this exceptional remedy. It held that the jury’s finding that no mitigating circumstance existed did not establish that the jury ignored the mitigation evidence, and that the challenged temporal language did not create a reasonable likelihood that the jury was prevented from considering relevant mitigation. Chief Justice Hannah, dissenting, would have recalled the mandate and ordered resentencing because the verdict form indicated that the jury failed to consider mitigating evidence.