{ "id": 922579, "name": "Jack Gordon GREENE v. STATE of Arkansas", "name_abbreviation": "Greene v. State", "decision_date": "1997-03-03", "docket_number": "CR 96-362", "first_page": "511", "last_page": "513", "citations": [ { "type": "official", "cite": "327 Ark. 511" }, { "type": "parallel", "cite": "939 S.W.2d 834" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "48 U. Pitt. L. Rev. 853", "category": "journals:journal", "reporter": "U. Pitt. L. Rev.", "year": 1987, "pin_cites": [ { "page": "867" } ], "opinion_index": 0 }, { "cite": "296 Ark. 181", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1892781 ], "weight": 4, "year": 1988, "pin_cites": [ { "page": "189" }, { "page": "843" } ], "opinion_index": 0, "case_paths": [ "/ark/296/0181-01" ] }, { "cite": "933 S.W.2d 392", "category": "reporters:state_regional", "reporter": "S.W.2d", "case_ids": [ 12025072, 12025011 ], "year": 1996, "pin_cites": [ { "page": "392" } ], "opinion_index": 0, "case_paths": [ "/ark/326/0825-01", "/ark/326/0822-01" ] }, { "cite": "326 Ark. 822", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 12025011 ], "year": 1996, "pin_cites": [ { "page": "822" } ], "opinion_index": 0, "case_paths": [ "/ark/326/0822-01" ] }, { "cite": "326 Ark. 179", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 12021430 ], "weight": 2, "year": 1996, "opinion_index": 0, "case_paths": [ "/ark/326/0179-01" ] }, { "cite": "317 Ark. 350", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1443815 ], "weight": 2, "year": 1994, "opinion_index": 0, "case_paths": [ "/ark/317/0350-01" ] } ], "analysis": { "cardinality": 236, "char_count": 3282, "ocr_confidence": 0.783, "pagerank": { "raw": 1.8105265621875012e-07, "percentile": 0.7177173263769432 }, "sha256": "350a579edbbef4b348ddbd9866007b76101a0ae902671a426796195fca4506ea", "simhash": "1:018ac1ac8309d20e", "word_count": 557 }, "last_updated": "2023-07-14T16:50:41.435320+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Jack Gordon GREENE v. STATE of Arkansas" ], "opinions": [ { "text": "Per Curiam.\nJack Gordon Greene was convicted of capital murder and sentenced to death. We affirmed the conviction but reversed the death sentence and remanded the case for resentencing. Greene v. State, 317 Ark. 350, 878 S.W.2d 384 (1994). Mr. Greene was again sentenced to death, and a notice of appeal was filed on his behalf. Mr. Greene later moved to dismiss his appeal. His motion was denied because he did not express an unequivocal desire to dismiss the appeal. Greene v. State, 326 Ark. 179, 929 S.W.2d 157 (1996).\nOn Mr. Greene\u2019s behalf, his attorney filed a second motion to dismiss his appeal. The second request was unequivocal. By a per curiam order of December 9, 1996, we stayed Mr. Greene\u2019s execution and remanded the case so that a determination could be made by the Johnson County Circuit Court whether Mr. Greene \u201cknowingly and intelligently waives his appeal.\u201d Greene v. State, 326 Ark. 822, 822, 933 S.W.2d 392, 392 (1996).\nIn response to our order, a hearing was held by the Johnson County Circuit Court. The transcript of the hearing has been reviewed. It contains two reports from Arkansas State Hospital personnel finding Mr. Greene competent to stand trial at the times he was tried in 1992 and 1995. Also included with the transcript is a court order for \u201cmental evaluation\u201d of Mr. Greene to be conducted by State Hospital personnel. Although we did not specify in our December 9, 1996 order that an additional psychiatric or psychological review be conducted, the Trial Court apparently felt it appropriate, and that was correct.\nFrom colloquy between Mr. Greene and the Circuit Judge, found in the transcript of the hearing, it appears that an evaluation team from the State Hospital was sent to the Department of Correction to interview Mr. Greene in response to the Circuit Court\u2019s order. Mr. Greene refused to be interviewed, apparently because he thought he was supposed to have been transported to the State Hospital for that purpose rather than be interviewed at the Department of Correction facility in which he is incarcerated.\nIn Franz v. State, 296 Ark. 181, 754 S.W.2d 839 (1988), we adopted a standard to be applied in death-penalty-waiver cases which is different from that applied when the question is competency to stand trial. Quoting W. White, Defendants Who Elect Execution, 48 U. Pitt. L. Rev. 853, 867 (1987), we noted that, \u201cWhen competency to elect execution is involved, the issue is whether the defendant has the capacity to choose between life and death. The focus should be upon not only the defendant\u2019s ability to understand the basic issue but also upon his ability to resolve it knowingly and voluntarily.\u201d Franz v. State, supra, 296 Ark. at 189, 754 S.W.2d at 843.\nWe remand the case to the Trial Court so that an evaluation may be done by State Hospital personnel to determine Mr. Greene\u2019s mental capacity to understand his choice between life and death and to resolve it knowingly and voluntarily. A further hearing is then to be held by the Trial Court to decide the issue.\nRemanded.", "type": "majority", "author": "Per Curiam." } ], "attorneys": [ "William M. Pearson, for appellant.", "Winston Bryant, Att\u2019y Gen., by: Kent G. Holt, Asst. Att\u2019y Gen., for appellee." ], "corrections": "", "head_matter": "Jack Gordon GREENE v. STATE of Arkansas\nCR 96-362\n939 S.W.2d 834\nSupreme Court of Arkansas\nOpinion delivered March 3, 1997\nWilliam M. Pearson, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Kent G. Holt, Asst. Att\u2019y Gen., for appellee." }, "file_name": "0511-01", "first_page_order": 543, "last_page_order": 545 }