Opinion
Opinion Delivered: July 9, 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 Supreme Court will conduct an automatic review of the record for egregious and prejudicial errors. On May 3, 2001, we published for comment a proposed rule to implement the procedures announced in Robbins. The rule was recommended to the Court by our Committee on Criminal Practice. We thank all those who submitted comments and again express our appreciation to the Committee for their hard work.
We hereby adopt the amendment to Rule 10 of the Rules of Appellate Procedure — Criminal, and republish the rule as set out below. This rule shall be effective for all cases in which the death penalty is imposed on or after August 1, 2001.
Glaze, J., dissents. See State v. Robbins, 339 Ark. 389[ 339 Ark. 379], 5 S.W.3d 51 (1999) (Glaze, J., dissenting opinion).
Rule 10. 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 ninety (90) 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. FORM: CLERK'S NOTICE OF APPEAL TO THE ARKANSAS SUPREME COURT IN DEATH-SENTENCE CASE PURSUANT TO RULE 10 OF THE RULES OF APPELLATE PROCEDURE — CRIMINAL
IN THE CIRCUIT COURT OF ___ COUNTY, ARKANSAS
DIVISION ___ DISTRICT _____________
STATE OF ARKANSAS PLAINTIFF
vs. Case No. _____________
_________________ DEFENDANT
NOTICE OF APPEAL FROM JUDGMENT IMPOSING DEATH SENTENCE
CONVICTION(S) APPEALED (list all offenses appealed): ___________________________________________________________________
DATE OF ENTRY OF JUDGMENT:_________________________________________
SENTENCE(S) (List all sentences in addition to sentence(s) of death): ___________________________________________________________
___________________________________________________________________
INDIGENT: () YES () NO
NAME AND COMPLETE ADDRESS OF:
1. COURT REPORTER(S) (List all court reporters; use additional pages if needed): ___________________________________________________________________ (name) (telephone)
___________________________________________________________________ (address) (city) (state) (zip code)
___________________________________________________________________ (name) (telephone)
___________________________________________________________________ (address) (city) (state) (zip code)
2. DEFENDANT'S TRIAL COUNSEL (List all attorneys; use additional pages if needed): __________________________________________________________________ (name) (telephone)
___________________________________________________________________ (address) (city) (state) (zip code)
___________________________________________________________________ (name) (telephone)
___________________________________________________________________ (address) (city) (state) (zip code)
THE COURT REPORTER SHALL IMMEDIATELY PREPARE THE ENTIRE RECORD AND TRANSMIT IT IN ACCORDANCE WITH RULE 10(a) OF THE ARKANSAS RULES OF APPELLATE PROCEDURE — CRIMINAL.
THIS NOTICE OF APPEAL MUST BE GIVEN WITHIN THE TIME SPECIFIED IN RULE 2(a) OF THE ARKANSAS RULES OF APPELLATE PROCEDURE — CRIMINAL.
I certify that I have served a copy of this notice of appeal on all parties or their representatives involved in the cause and on the court reporter by mailing a copy of the notice of appeal to the parties or their representatives, to the court reporter, and to the Attorney General on this ___ day of _______________, 20__.
____________________________________ CIRCUIT COURT CLERK