John Douglas Martin v. Larry Norris, Director, Arkansas Department of Correction

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1992, a jury convicted John Martin in Arkansas state court of kidnapping and first-degree murder. On direct appeal, he argued that there was insufficient corroboration under Arkansas law of the testimony of his alleged accomplice, see Ark.Code Ann. § 16-89-lll(e)(l), and therefore that the evidence was insufficient under Arkansas law to sustain his convictions. He also argued that the state trial court improperly refused to instruct the jury on the lesser included offense of second-degree murder.

The state appeals court held that Mr. Martin’s trial…