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

Summary

The dissent argues that the prior mandate reversed and dismissed the entire judgment and conviction, leaving the circuit court without jurisdiction to consider lesser-included offenses. It reasons alternatively that the prior opinion and mandate, read together, addressed only the capital-murder conviction and expressly left lesser offenses open for consideration, so the circuit court acted within the mandate by entering a first-degree-murder conviction. Justice Goodson and Justice Baker dissent; Goodson would affirm the circuit court's authority to consider the lesser offense, while Baker would conclude that no conviction remained after the prior reversal and dismissal.