Bruce Earl Ward, Petitioner v. State of Arkansas, Respondent — Baker, J., Dissenting

Summary

Justice Baker's dissent would have granted Ward's motion to recall the mandate because his unverified capital postconviction petition deprived both the circuit court and appellate court of jurisdiction. The dissent reasons that death-sentenced petitioners receive heightened procedural safeguards, including an opportunity to verify an otherwise defective petition, and that a decision rendered without jurisdiction is a breakdown in the appellate process. Justice Danielson, dissenting separately, would likewise have followed the existing precedent governing unverified capital postconviction petitions and granted the motion.