Legal Opinion

Clark v. State

Supreme Court of Arkansas

Decided November 27, 1978No. CR 77-198PublishedCited by 35 opinions

1Opinion of the Court

Frank Holt, Justice.

A jury found appellant guilty of two counts of capital felony murder and assessed his punishment at death by electrocution on each conviction. Appellant first contends that the court committed reversible error by denying him his right to allocution under Ark. Stat. Ann. § 43-2303 (Repl. 1964). The statute provides that “[w]hen the defendant appears for judgment .... he must” be asked (by the court) “if he has any legal cause to show why judgment should not be pronounced against him.” Here the trial court did not use that specific language. He asked appellant, in the…

2Cases cited22 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  3. Estelle v. WilliamsSupreme Court of the United States · 1976
  4. Jurek v. TexasSupreme Court of the United States · 1976
  5. Proffitt v. FloridaSupreme Court of the United States · 1976

17 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. People v. McKinnonCalifornia Supreme Court · 2011
  2. Edward Charles Pickens v. A.L. Lockhart, Director, Arkansas Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1983
  3. Beed v. StateSupreme Court of Arkansas · 1980
  4. Foster v. StateCourt of Appeals of Maryland · 1985
  5. Collins v. StateSupreme Court of Arkansas · 1981

30 more not listed; retrieve them via the Exa API.

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