Bruce Earl Ward, Petitioner v. State of Arkansas, Respondent

Summary

The court denied Ward's motion to recall the mandate from his postconviction appeal. It held that review of his claims despite an unverified petition did not constitute an appellate-process defect, that his alleged incompetence did not establish a defect because he had not waived postconviction rights, and that ordinary allegations of ineffective postconviction counsel do not justify mandate recall. Justice Baker, dissenting, would have recalled the mandate because the unverified petition deprived the courts of jurisdiction, and Justice Danielson, dissenting, would have applied the prior rule requiring that result.