2015 Ark. 109
Ark.2015Background
- Justin Thornton was convicted (2013) of capital murder, misdemeanor unauthorized use of a vehicle, possession of firearms by certain persons, and abuse of a corpse; multiple sentences were imposed, including life without parole for murder.
- On direct appeal Thornton challenged only the sufficiency of the evidence for the capital-murder charge; this court reversed and dismissed that capital-murder conviction. Thornton v. State, 433 S.W.3d 216 (Ark. 2014).
- Thornton filed a pro se petition for a writ of mandamus asking the Supreme Court to direct the Lincoln County circuit judge (Hon. Berlin C. Jones) to enter a new or amended judgment reflecting the dismissal of the capital-murder charge.
- The trial judge responded that he had not been ordered to take any action and that correction of ADC prison records was not his responsibility.
- The Attorney General informed the court that a certified copy of the mandate had been provided to the Arkansas Department of Correction (ADC) and ADC had updated its records to reflect the reversal.
Issues
| Issue | Thornton's Argument | Judge/State's Argument | Held |
|---|---|---|---|
| Whether mandamus should compel the trial judge to enter an amended judgment reflecting this court's dismissal of the capital-murder charge | Thornton asked the court to direct Judge Jones to enter a new or amended judgment | Judge Jones contended no order from this court required him to act and he had not failed to perform any duty | Denied — no clear, certain right shown because this court’s mandate did not direct the trial court to amend the judgment |
| Whether mandamus should compel notice or correction of ADC records | Thornton did not request ADC-record relief in his petition | State indicated ADC records were corrected after receiving the mandate from the Attorney General | Denied as to mandamus relief; ADC records issue was not requested and has been addressed by the Executive Branch |
Key Cases Cited
- Thornton v. State, 433 S.W.3d 216 (Ark. 2014) (reversed and dismissed capital-murder conviction)
- Friar v. Erwin, 450 S.W.3d 666 (Ark. 2014) (describing mandamus purpose and limits)
- State ex rel. Purcell v. Nelson, 438 S.W.2d 33 (Ark. 1969) (mandamus standard and scope)
Petition denied.