Opinion
Opinion Delivered: May 3, 2001
In State v. Robbins, 339 Ark. 379 (1999), we held that in death-penalty cases, even if the defendant waives his personal right of appeal, the court will conduct an automatic review of the record for egregious and prejudicial errors. Subsequently, we directed the Supreme Court Committee on Criminal Practice to consider the adoption of possible rules to implement the procedures announced in Robbins. The Committee has deliberated on the matter and reviewed procedures utilized by other states. It has now recommended to the court a proposed rule, as an amended Rule 10 of the Rules of Appellate Procedure — Criminal, which appears at the end of this order.
The Committee's proposal provides that a sentence of death is automatically appealed to the Supreme Court, and the Supreme Court will conduct a mandatory review of certain issues in every death penalty case.
We express our gratitude to the members of the Criminal Practice Committee for their work on this matter. We are publishing the Committee's proposal for comment from the bench and bar. Comments and suggestions may be made in writing and submitted no later than June 30, 2001, and be addressed to:
Leslie Steen, Clerk Arkansas Supreme Court Attn: Criminal Procedure Rules Justice Building 625 Marshall Street Little Rock, AR 72201
New language is underlined and deletions are stricken.
Rule 10. Affirmance of death sentence; procedure . Automatic appeal and mandatory review in death-sentence cases; procedure on affirmance . (a) Automatic appeal . Upon imposing a sentence of death, the circuit court shall order the circuit clerk to file a notice of appeal on behalf of the defendant within thirty (30) days after entry of judgment. The notice of appeal shall be in the form annexed to this rule. The court reporter shall transcribe all portions of the criminal proceedings consistent with Article III of the Rules of the Supreme Court and shall file the transcript with the circuit clerk within sixty (60) days after entry of the judgment. Within thirty (30) days after receipt of the transcript, the circuit clerk shall compile the record consistent with Article III and shall file the record with the clerk of the Arkansas Supreme Court for mandatory review consistent with this rule and for review of any additional issues the appellant may enumerate.
(b) Mandatory review . Whenever a sentence of death is imposed, the Supreme Court shall review the following issues in addition to other issues, if any, that a defendant may enumerate on appeal. Counsel shall be responsible for abstracting the record and briefing the issues required to be reviewed by this rule and shall consolidate the abstract and brief for such issues and any other issues enumerated on appeal. The Court shall consider and determine: i) pursuant to Rule 4-3(h) of the Rules of the Supreme Court and Ark. Code Ann. § 16-91-113(a), whether prejudicial error occurred; ii) whether the trial court failed in its obligation to bring to the jury's attention a matter essential to its consideration of the death penalty; iii) whether the trial judge committed prejudicial error about which the defense had no knowledge and therefore no opportunity to object; iv) whether the trial court failed in its obligation to intervene without objection to correct a serious error by admonition or declaring a mistrial; v) whether the trial court erred in failing to take notice of an evidentiary error that affected a substantial right of the defendant; vi) whether the evidence supports the jury's finding of a statutory aggravating circumstance or circumstances; and vii) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor.
(c) Procedure on affirmance . When a judgment of death has been affirmed, the denial of post-conviction relief has been affirmed, or a mandate has been returned from the United States Supreme Court, and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance or return of mandate and judgment, to the end that a warrant for the execution of the judgment may be issued by the Governor. Such certificate shall operate to dissolve any stay of execution previously entered by the Supreme Court or any stay of execution previously entered by a circuit court pending disposition of a petition for post-conviction relief.