Ward v. State

Petitioner Bruce Earl Ward moves this court to recall the mandate from his resentencing in Ward v. State , 338 Ark. 619, 1 S.W.3d 1 (1999) ( Ward III ) (affirming his death sentence). The majority has denied Ward's motion to recall the mandate. For the reasons set forth in this dissent, I would grant the motion.

Ward argues that this court should recall the mandate in Ward III , 338 Ark. 619, 1 S.W.3d 1, to correct a defect in the appellate process. Ward contends that he was unconstitutionally deprived of any meaningful assistance of a mental-health expert in violation of Ake v. Oklahoma , 470…