Anderson v. State

Supreme Court of Arkansas

Anderson v. State

100 S.W.3d 48, 351 Ark. 675, 2003 Ark. LEXIS 88

CourtSupreme Court of Arkansas

DecidedFebruary 10, 2003

DocketCR 01-1131

StatusPublished

Cited by2 cases

This text of 100 S.W.3d 48 (Anderson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anderson v. State, 100 S.W.3d 48, 351 Ark. 675, 2003 Ark. LEXIS 88 (Ark. 2003).

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Opinion

Per Curiam.

Appellant was convicted of capital murder and sentenced to death by lethal injection. Among his points of error is a claim that the jury failed to consider mitigating circumstances in the sentencing phase of his trial in violation of Ark. Code Ann. § 5-4-603 (Repl. 1997). The verdict forms identified as Forms 1 through 4 (presumably as specified under AMCI 2d 1008) were specifically discussed by the trial judge during the trial and are referenced in the trial court’s order denying appellant’s motion for a new trial. Those forms, however, are not included in the record presented to this court. At oral argument, counsel for the appellant and for the State represented to this court that they have been unable to locate the forms.

Ordinarily we w ould leave it to the parties to move that the record on appeal be supplemented under Ark. R. App. P. — Civ. 6(e) (2000), which the appellant has not done. However, inasmuch as this is a capital murder case in which the death penalty was imposed, we order that the record on appeal be supplemented to include Verdict Forms 1, 2, 3, and 4 from the sentencing phase of appellant’s trial within fifteen days hereof. See Ark. R. App. P. — Civ. 6(e) (2000); Snell v. State, 290 Ark. 184, 717 S.W.2d 818 (1986); Snell v. State, 290 Ark. 503, 721 S.W.2d 628 (1986).

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Per Curiam.

Appellant was convicted of capital murder and sentenced to death by lethal injection. Among his points of error is a claim that the jury failed to consider mitigating circumstances in the sentencing phase of his trial in violation of Ark. Code Ann. § 5-4-603 (Repl. 1997). The verdict forms identified as Forms 1 through 4 (presumably as specified under AMCI 2d 1008) were specifically discussed by the trial judge during the trial and are referenced in the trial court’s order denying appellant’s motion for a new trial. Those forms, however, are not included in the record presented to this court. At oral argument, counsel for the appellant and for the State represented to this court that they have been unable to locate the forms.

Ordinarily we w ould leave it to the parties to move that the record on appeal be supplemented under Ark. R. App. P. — Civ. 6(e) (2000), which the appellant has not done. However, inasmuch as this is a capital murder case in which the death penalty was imposed, we order that the record on appeal be supplemented to include Verdict Forms 1, 2, 3, and 4 from the sentencing phase of appellant’s trial within fifteen days hereof. See Ark. R. App. P. — Civ. 6(e) (2000); Snell v. State, 290 Ark. 184, 717 S.W.2d 818 (1986); Snell v. State, 290 Ark. 503, 721 S.W.2d 628 (1986).

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Bluebook (online)

100 S.W.3d 48, 351 Ark. 675, 2003 Ark. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-ark-2003.

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