Davis v. State.dissent

Summary

Justice Womack, dissenting, would deny the motions to recall the mandates and stay the executions for three independent reasons: the court had already rejected the movants' interpretation of the constitutional right to psychiatric assistance, extraordinary post-judgment relief was unavailable to reargue that issue based on a pending Supreme Court case, and any favorable change in the law might not apply retroactively. The dissent also emphasized finality, the victims' families' interest in closure, and the court's duty to apply existing law. Justice Wood joined the dissent.