Wooten v. State, 2010 Ark. 467

Summary

The Arkansas Supreme Court grants Wooten’s motion to recall the mandate and permits him to pursue a second Rule 37 postconviction proceeding. The court holds that the lack of verification of Wooten’s original Rule 37 petition constituted a defect or breakdown in the appellate process warranting extraordinary relief in this death-penalty case.

Holdings

1. The court granted Wooten's motion to recall the mandate and allowed him to pursue a second Rule 37 post-conviction proceeding.
2. A post-conviction petition that does not satisfy the verification requirement ordinarily cannot be considered on its merits, although a death-penalty case may require an exceptional remedy when the failure reflects a breakdown in the post-conviction process.
3. The criteria for recalling a mandate in an extraordinary death-penalty case require more than the existence of unreviewed or allegedly meritorious claims; the asserted circumstances must reflect a qualifying defect or breakdown in the appellate or post-conviction process.

Questions Presented

1. Whether the Arkansas Supreme Court should recall its mandate and permit Wooten to pursue a second Rule 37 proceeding based on the lack of verification of his prior post-conviction petition.
2. Whether the absence of petitioner verification constituted a defect or breakdown in the appellate or post-conviction process sufficient to establish extraordinary circumstances for recalling the mandate.
3. Whether Wooten satisfied the criteria from Robbins v. State, Lee v. State, and related cases for recalling a mandate in a death-penalty case.

Disposition

other