Supreme Court of Arkansas

Justin Jamaille Thornton, Appellant v. State of Arkansas, Appellee — Baker, J., Dissenting

December 3, 20152015 Ark. LEXIS 644

Summary

Justice Baker, dissenting, concludes that the prior appellate decision reversed and dismissed only the capital-murder conviction, while leaving open whether the evidence supported a lesser-included offense. She reasons that the circuit court therefore retained authority to consider lesser-included offenses and enter a first-degree-murder conviction, and that the majority improperly treated the prior mandate as eliminating all jurisdiction. Justice Goodson, dissenting, similarly would uphold the circuit court's authority, while the Baker-Goodson dissent argues that the prior mandate dismissed the entire judgment and conviction.