Legal Opinion

Davis v. State

Supreme Court of Arkansas

Decided March 1, 2018No. Nos. CR–92–1385 & CR–00–528PublishedCited by 2 opinions

1Opinion of the Court

II. Standard of Review in Motion to Recall the Mandate

This court has the inherent power to recall its mandate but will exercise that power only in the most "extraordinary circumstances" to be used as a last resort to address "grave, unforeseen contingencies." Ward v. State , 2015 Ark. 61, at 3, 455 S.W.3d 818, 820 ; Nooner v. State , 2014 Ark. 296, at 9, 438 S.W.3d 233, 240 (citing Calderon v. Thompson , 523 U.S. 538, 118 S.Ct. 1489, 140 L.Ed.2d 728 (1998) ). To establish the extraordinary circumstances required, we have enumerated certain factors we consider, namely: (1) the presence *569of a…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Ake v. OklahomaSupreme Court of the United States · 1985
  2. Calderon v. ThompsonSupreme Court of the United States · 1998
  3. Noel v. StateSupreme Court of Arkansas · 2000
  4. McWilliams v. DunnSupreme Court of the United States · 2017
  5. Don William Davis v. Larry Norris, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 2005

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3Cited by2 opinions

  1. Key v. StateSupreme Court of Arkansas · 2019
  2. Roy A. Hendrix v. State of ArkansasSupreme Court of Arkansas · 2019

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