Supreme Court of Arkansas

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

December 3, 20152015 Ark. LEXIS 644

Summary

Justice Goodson, dissenting, would hold that the circuit court had authority under the prior opinion and mandate to consider lesser-included offenses and therefore would not reverse Thornton's first-degree-murder conviction on mandate-rule grounds. She reasoned that the prior disposition reversed and dismissed only the capital-murder conviction, while expressly leaving the lesser offenses open for consideration. The separate dissents by Justices Baker and Goodson, and by Justice Baker, would instead treat the mandate as reversing and dismissing the entire conviction and would conclude that the circuit court lacked jurisdiction to proceed.