Wooten v. State

1⅞|1 respectfully dissent. This court has long recognized its inherent authority to recall its mandate, see Boynton v. Asha-branner, 75 Ark. 415, 422, 88 S.W. 1011, 1011 (1905), and that authority is not limited or controlled by the supposed three-factor test noted by the majority. The three-factor test for recalling a mandate set out in Lee v. State, 367 Ark. 84, 238 S.W.3d 52 (2006), and noted in the majority opinion and in the concurring opinion, misstates the law. This court in Lee derived the three factors from Robbins v. State, 353 Ark. 556, 114 S.W.3d 217 (2003); however, in Robbins,…