Billy Woodard v. Willis Sargent, Warden, Cummins Unit, Arkansas Department of Correction

ARNOLD, Circuit Judge.

This death-penalty case is once again before us, on remand from the Supreme Court of the United States.

The appellant, Billy Woodard, has been tried by jury, found guilty of capital felony murder, and sentenced to death. See Woodard v. State, 261 Ark. 895, 553 S.W.2d 259 (1977), cert. denied, 439 U.S. 1122, 99 S.Ct. 1034, 59 L.Ed.2d 83 (1979). A petition for post-conviction relief under Ark.R.Crim.P. 37 has been denied. Woodard v. State, 273 Ark. 235, 617 S.W.2d 861, cert. denied, 454 U.S. 1068, 102 S.Ct. 618, 70 L.Ed.2d 603 (1981). Woodard then brought this petition for…