Kemp v. State, 60 S.W.3d 404 (Ark. 2001)

Cases | Kemp v. State, 60 S.W.3d 404 (Ark. 2001) | 2018

The defendant was convicted and sentenced to death on each of four counts of capital murder. 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 then filed a petition for post-conviction relief, arguing that his counsel had provided ineffective assistance. The trial court denied the petition, and the defendant appealed, arguing, among other things, that the victim-impact statute was unconstitutional, and that the cumulative effect of the victim-impact testimony in his case violated his due process rights. The Supreme Court of Arkansas reversed and remanded, holding that the trial court did not make specific written findings of fact and conclusions of law with respect to these issues. The trial court merely wrote that “[t]he constitutional rights of the defendant were not violated.” Since the trial court’s order did not comply with State rules or conform with established precedent, the case was remanded and the trial court was ordered to make factual findings and legal conclusions with respect to the issues raised by the defendant in his appeal.