Phillips Black

MAURICIO TORRES

Current Proceedings: Retrial proceedings in Benton Circuit Court after previous retrial resulted in a mistrial.

Case Number: 04CR 15-551; AR Supreme Ct Case NO. CR-20-269

Judge: Brad Karren

Demographic Information: Hispanic Male

Current Counsel:

Legal Status: Bench order setting PT hrg for 01/14/2021 (03/12/2021); AR Supreme Ct denies cert. (03/08/2021).

Significant Legal Issues:

• Issues decided on appeal:

  • Extraterritorial jurisdiction does not extend to the alleged rape that occurred in Missouri (one of two alternative theories for felony murder presented to the jury in a general verdict form)

  • Because of the general-verdict-form formulation, unable to determine which formula (rape felony murder or child abuse murder) the jury based its conviction on. Since one of the grounds (rape) was found to be legally insufficient and it is impossible to tell which ground the jury based it's verdict on, the verdict must be set aside

• Issue discussed in concurrence:

  • Use of uncharged alleged crimes, for which the SOL would have since expired, as the basis for an aggravating factor at sentencing in a capital case violates due process

• Other "potentially meritorious" issues:

  • Entitled to separate verdict forms in order for the jury to specify which formularion(s) of capital murder the jury had convicted him of

  • Ct erred in denying jury instructions for the affirmative defense to felony murder that appropriately allocates the burden of proof

  • Ct should have suppressed D's statements, and if not, should have required admission of another of his statements under authority of AR rule of evidence

  • Ct erred in refusing a jury instruction correctly stating AR law as to the grant of mercy

  • Improper double counting

Last Judicial Decision Related to Conviction or Sentence: Torres v. State, 571 S.W.3d 456 (Ark. 2019) (granting new trial on direct appeal), cert. denied, State v. Torres, 617 S.W.3d 232 (Ark. 2021)

Reported Opinions:

• Torres v. State, 671 S.W.3d 232 (Ark. 2021).

• Torres v. State, 571 S.W.3d 456 (Ark. 2019).

Prior Counsel:

Conviction County: Benton

Counts: 2

Victim Demographic:

Crime Date: 03/30/2015

Sentencing Date: 11/15/2016

Trial Counsel:

• Teri L Chambers

• Gina Reynolds

• Andrea Stokes

• Jeffrey Rosenzweig

Trial Judge: Brad Karren

Trial Prosecutor: Nathan Smith