Supreme Court of Arkansas

Justin Jamaille Thornton, Appellant v. State of Arkansas, Appellee

December 3, 20152015 Ark. LEXIS 644

Summary

The court held that the circuit court lacked jurisdiction to consider the State’s post-mandate motion to have lesser-included offenses considered after the prior capital-murder conviction had been reversed and dismissed. Because the prior appellate disposition did not remand the case or authorize further proceedings, the first-degree-murder conviction and sentence were reversed and dismissed. Separate dissents maintained that the prior opinion and mandate permitted consideration of lesser-included offenses and, alternatively, that the mandate had reversed and dismissed the entire judgment.