Harris v. City of Fort Smith

Appellant Timothy Howard was convicted of two counts of capital murder for the deaths of Brian and Shannon Day, and one count of attempted capital murder for the attempted killing of the Days infant son, Trevor. For these convictions, Howard received two death sentences and a sentence of thirty years in prison. In a 4-3 opinion, this court affirmed his convictions and sentences. See Howard v. State, 348 Ark. 471, 79 S.W.3d 273 (2002). Following this courts decision, Howard filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.5 on March 21, 2003. Howard subsequently filed an amended Rule 37.5 petition on April 12, 2004, raising eight grounds for relief. The Little River Circuit Court held a hearing on Howards petition on December 20, 2004, and issued its order on March 17, 2005, denying each of Howards claims for relief. Howard filed a timely notice of appeal, and now raises seven arguments for reversal.