Kemp v. State, 983 S.W.2d 383 (Ark. 1998)

Cases | Kemp v. State, 983 S.W.2d 383 (Ark. 1998) | 2018

The defendant was convicted of four counts of capital murder and sentenced to death on each count. On appeal, the Supreme Court of Arkansas affirmed all four convictions but reversed three of the death sentences. Following a resentencing hearing, the defendant was again sentenced to three death penalties. The defendant again appealed, challenging, among other things, the admissibility of victim-impact evidence and the constitutionality of the victim-impact statute. The Supreme Court of Arkansas affirmed, noting that its review of the defendant’s arguments was barred by the law-of-the-case doctrine. The Court explained that the defendant did not allege the correction of an error or the introduction of evidence that materially varied from the prior appeal. Rather, the defendant was rearguing matters previously decided. The Court noted further that it had upheld the constitutionality of the victim-impact statute on numerous occasions.