Gardner v. Norris

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

I. Introduction

On June 7, 1986, petitioner was convicted of two counts of capital murder and sentenced to death by lethal injection. Petitioner appealed his sentence to the Arkansas Supreme Court raising twenty-one points of error. In an opinion on June 20, 1988, the Arkansas Supreme Court affirmed petitioner’s conviction. An execution date for the petitioner was set for October 17,1988.

In September of 1988, petitioner filed a pro se petition for writ of habeas corpus in the Eastern District before the Honorable Judge George Howard, Jr. At…