WOOTEN v. STATE

No. CR 95-975.

370 S.W.3d 475 (2010)

2010 Ark. 467

Jimmy Don WOOTEN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 2, 2010.


Attorney(s) appearing for the Case

Billy H. Nolas , Michael Wiseman , and Rebecca Blaskey , Federal Community Defender Office Eastern District of Pennsylvania, and J. Blake Hendrix , Little Rock, for movant.

Dustin McDaniel , Att'y Gen., by: Pamela A. Rumpz , Ass't Att'y Gen., for appellee.


JIM GUNTER, Justice.

Wooten asks this court to recall our mandate and allow him to pursue a second Rule 37 proceeding. He asserts that he meets this court's stringent criteria for providing this extraordinary relief. Because this is a criminal appeal in which the death penalty has been imposed, and the petitioner is asking this court to recall our mandate, we have jurisdiction pursuant to Ark. Sup.Ct. R. 1-2(a)(2) & 5-3(d). We grant the motion to recall the mandate...

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