Supreme Court grants hearing for Death Row's Timothy Howard | Arkansas Blog

Thursday, April 26, 2012

Supreme Court grants hearing for Death Row's Timothy Howard

Posted By on Thu, Apr 26, 2012 at 9:21 AM

GETS NEW HEARING: Timothy Howard.
  • GETS NEW HEARING: Timothy Howard.
The Arkansas Supreme Court has ordered a further hearing on the DNA claim of a Death Row inmate, Timothy Howard, that state suppression of critical problems with DNA evidence prejudiced his fair trial.

Howard was convicted in Little River County in 1998 of the slayings of Brian and Shannon Day and sentenced to die. His latest appeal detailed numerous problems in DNA evidence — from a hair and blood gathered in the investigation — and that the state withheld information about problems with the evidence. The Supreme Court agreed important information had been withheld, whether purposely or inadvertently, and that it had a bearing in his conviction.

The Supreme Court sai, it could not decide as a matter of law whether Howard had raised the issue in a timely fashion because some of the medical evidence was available at trial. It ordered the Little River Circuit Court to consider whether Howard's attorneys had exercised due diligence in seeking relief, based on what information was available, when it was available and what information was concealed.

The Supreme Court also addressed seven other pieces of evidence helpful to Howard that the defense said had not been properly considered. In all but one case, the court said the issues had been adequately considered, but found in the case of some physical evidence — wood particles that didn't match the prosecution theory of the case — might be material and should also be considered for admission. The Court also wants the court to consider the state's failure to provide information that showed Howard had been abused as a child so that it could be used in mitigating his punishment during that phase of the trial.

This case, has been written about extensively by the Times' Mara Leveritt, most recently in a report on this coming decision.

There have been doubts about the Howard case from the first. The Supreme Court, in his original appeal, split 4-3 on affirming it. The three dissenters strongly challenged the sufficiency of the evidence and the majority's opinion, which relied on Howard's strange behavior as the most incriminating evidence.

Tags: , , , , , , ,

From the ArkTimes store

Favorite

Comments (2)

Showing 1-2 of 2

Add a comment

 
Subscribe to this thread:
Showing 1-2 of 2

Add a comment

More by Max Brantley

  • Death penalty foes object to execution of Jack Greene

    The Arkansas Coalition to Abolish the Death Penalty is urging Gov. Asa Hutchinson not to set an execution date for Jack Greene,  sentenced to die for a 1991 slaying in Johnson County
    • Aug 18, 2017
  • What those Confederate monuments are about: Slavery

    The Democratic Party has likely chosen a political loser in a call for removal of Confederate memorials from public grounds, but it doesn't mean the sentiment is wrong. They are tributes to the fight to preserve slavery, no more or less.
    • Aug 18, 2017
  • Arkansas unemployment rate remains at record low

    The unemployment rate in Arkansas in July was again 3.4 percent, a record low level in place since May. The labor force added more than 9,000 jobs.
    • Aug 18, 2017
  • More »

Readers also liked…

  • Al Gore remembers Dale Bumpers

    Former Vice President Al Gore, a former U.S. Senate colleague of Dale Bumpers, sent a statement on Bumpers' death Friday:
    • Jan 3, 2016
  • 'Million-Dollar Thursday': A visit to Sherwood's hot check court

    We take a visit to the weekly hot check court in Sherwood District Court, the subject of a recent civil rights lawsuit filed by ACLU Arkansas and others, who say the system there results in a modern-day debtor's prison
    • Aug 25, 2016
  • Jason Rapert vs. Wikipedia

    Sen. Jason Rapert against the world: Wikipedia edition.
    • Jan 23, 2016

Most Shared

  • Take yourself there: Mavis Staples coming to LR for Central High performance

    Gospel and R&B singer and civil rights activist Mavis Staples, who has been inspiring fans with gospel-inflected freedom songs like "I'll Take You There" and "March Up Freedom's Highway" and the poignant "Oh What a Feeling" will come to Little Rock for the commemoration of the 60th anniversary of the desegregation of Central High.
  • Klan's president

    Everything that Donald Trump does — make that everything that he says — is calculated to thrill his lustiest disciples. But he is discovering that what was brilliant for a politician is a miscalculation for a president, because it deepens the chasm between him and most Americans.
  • On Charlottesville

    Watching the Charlottesville spectacle from halfway across the country, I confess that my first instinct was to raillery. Vanilla ISIS, somebody called this mob of would-be Nazis. A parade of love-deprived nerds marching bravely out of their parents' basements carrying tiki torches from Home Depot.

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation