Arkansas Code Title 5. Criminal Offenses § 5-4-616. Procedures following remand or mistrial of capital case after vacation of death sentence--Retroactive application

(1)(A) Upon any appeal by the defendant when the sentence is of death, if the appellate court finds prejudicial error in the sentencing proceeding only, the appellate court may set aside the sentence of death and remand the case to the trial court in the jurisdiction in which the defendant was originally sentenced.

(B) No error in the sentencing proceeding shall result in the reversal of the conviction for a capital felony.

(C) When a capital case is remanded after vacation of a death sentence, the prosecuting attorney may move the trial court to:

(2)(A) Upon the declaration of a mistrial during the sentencing proceeding, the prosecuting attorney may move the trial court to:

(B) A mistrial during the sentencing proceeding shall not result in the invalidation of the finding of guilt for a capital felony;

(5)(A) Any exhibit and a transcript of any testimony or other evidence properly admitted in the prior trial or preceding guilt phase of the trial and sentencing is admissible in the new sentencing proceeding.

(B) Additional relevant evidence may be admitted including testimony of a witness who testified at the previous trial or preceding guilt phase of the trial and sentencing; and

(A) Are procedural; and

(B) Apply retroactively to any defendant sentenced to death after January 1, 1974.