Supreme Court of Arkansas

Steven Victor Wertz, Appellant v. State of Arkansas, Appellee — Danielson, J., Dissenting

June 9, 20162016 Ark. LEXIS 207

Summary

Justice Danielson's dissent would not resolve the motion to recall the mandate because the record was unclear whether the defendant had been properly convicted on two capital-murder counts and whether that created a double-jeopardy violation; he would order supplemental briefing. Justice Wood's dissent would deny the motion because the required mandate-recall factors were not satisfied and no extraordinary circumstances were shown.