Diemer v. State

Tom Glaze, Justice.

Appellant Erich Diemer was convicted of rape, kidnapping, and residential burglary and was sentenced to life imprisonment; this court affirmed his convictions in Diemer v. State, 340 Ark. 223, 9 S.W.3d 490 (2000). While serving his life sentence, on July 16, 2001, Diemer murdered his cellmate, Michael Girtner. Diemer was charged with capital murder pursuant to Ark. Code Ann. § 5-10-101(a)(6), which provides that a person commits capital murder if, “[w]hile incarcerated in the Department of Correction ..., he purposely causes the death of another person after premeditation…