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

Readers also liked…

  • Federal judge wants John Goodson to explain class action maneuvering

    A show-cause order filed Monday by federal Judge P.K. Holmes of Fort Smith indicates class action attorney John Goodson has some explaining to do about the move of a class action complaint against an insurance company from federal to state court with an instant pre-packaged settlement that has been criticized as a windfall for Goodson.
    • Dec 22, 2015
  • Satanic Temple: Make Rapert pay for Ten Commandments monument

    A petition drive has begun to encourage a demand that Sen. Jason Rapert pay for the legal fees in defending his Ten Commandments monument proposed for the state Capitol grounds. It's more work by the Satanic Temple, which has fought church-state entanglement around the country.
    • Aug 28, 2016
  • 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

Most Shared

  • Obamascare

    Republicans at long last may be about to see their most fervent wishes and wildest predictions materialize — millions of people losing their medical and hospital coverage, unaffordable insurance, lost jobs, a Medicare financial crisis, mushrooming federal budget deficits and fiscal crises across state governments.
  • Megyn vs. Alex

    As vigorously hyped broadcast events go, Megyn Kelly's televised confrontation with internet conspiracy cultist Alex Jones proved something of a dud.
  • Monkey wrenches

    Junior is 17 now, and shows no interest in driving, or even taking the driving test. It's got his Old Man a little concerned, and not just because we're running a car service for one these days.

Most Viewed

Most Recent Comments

Blogroll

Slideshows

 

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