COULTER v. STATE

No. CR 90-126.

227 S.W.3d 904 (2006)

Roger Lewis COULTER, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

February 9, 2006.


Attorney(s) appearing for the Case

Bruce D. Eddy, Ass't Fed. Pub. Def., Craig Lambert, and Al Schay, Little Rock, for appellant.

Mike Beebe, Att'y Gen., by: Joseph V. Svoboda, Ass't Att'y Gen., Little Rock, for appellee.


JIM GUNTER, Justice.

This case arises from a motion filed by petitioner, Roger Lewis Coulter, on August 17, 2004, to recall the 1991 mandate in his direct appeal and to reopen his case. In his motion, petitioner argues that we should recall the mandate because the Eighth Amendment to the U.S. Constitution prohibits executing the mentally retarded, as decided by the United States Supreme Court in Atkins v. Virginia, 536 U.S. 304

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