Timothy L. Howard v. State of Arkansas

Summary

The Supreme Court of Arkansas affirmed the Little River Circuit Court's denial of Timothy Howard's Rule 37.5 postconviction petition attacking his two capital-murder convictions, attempted-capital-murder conviction, and two death sentences for the deaths of Brian and Shannon Day. Reviewing for clear error, the court held that Howard's claims of prosecutorial misconduct (allegedly false pregnancy testimony), a Ring-defective charging information, juror Crutchfield's allegedly false voir dire answers, and the sheriff's dual role as bailiff and State's witness were procedurally barred or waived because they could and should have been raised at trial or on direct appeal, and it declined to reach the ex parte juror-communication claim because no ruling was obtained below. On the merits, the court found no Strickland deficiency or prejudice, treating counsel's investigative, jury-selection, closing-argument, and mitigation decisions as trial strategy, and holding under Rushen v. Spain that an unrecorded ex parte judge-juror communication is not per se prejudicial and was harmless here. It also rejected a cumulative-error claim because Arkansas does not recognize cumulative error in ineffective-assistance claims. Chief Justice Hannah, joined by Special Justice A. Watson Bell, dissented, arguing fundamental errors including the sheriff-bailiff dual role and inadequate investigation required a new trial; Special Justice Bell separately wrote that the combination of errors by the court, counsel, and the State deprived Howard of a fair trial.