Supreme Court of Arkansas

Terrick Terrell Nooner, Appellant v. State of Arkansas, Appellee — Hannah, J., Dissenting

June 26, 20142014 Ark. LEXIS 403

Summary

The dissent argues that Nooner’s death sentence should be reversed because the jury marked the verdict-form section stating that no mitigating evidence existed even though mitigating evidence had been presented, leaving no written proof that the jury considered it. It contends that the court’s earlier decisions treating such a verdict as a permissible rejection of mitigation misapplied the law and should be overruled, and that the mandate should be recalled and the case reopened for resentencing.