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| Ark. Court Takes Death Row Stance |
| By Associated Press |
| Published: 07/12/2001 |
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The Arkansas Supreme Court says it will automatically review death row cases even if the condemned inmate doesn't want anyone to try to save his life. The rule adopted Monday is believed to be the first of its kind in the nation, according to Melissa Cantress of the National Center for State Courts in Williamsburg, Va. Other states with the death penalty provide for automatic reviews if the inmate desires one. The court raised the idea in December 1999, ruling that a defendant's right to waive appeals won't keep the court from reviewing all death-row cases. The declaration was part of a 4-3 decision in the case of Robert A. Robbins, whose execution the justices stayed even though Robbins wanted to die for the 1997 slaying of his former girlfriend. Earlier this year, four days before his execution date, Robbins hired a new lawyer and filed an appeal in federal court. Under the new rules, the court directs circuit clerks to file notices of appeal on behalf of defendants within 30 days of their conviction. Among the elements the court will review is whether the death sentence was imposed under the influence of passion, prejudice or any other arbitrary factor, and whether evidence supports the jury's finding of aggravating circumstances. |
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