Ex Parte Howell

Monty Eutaw Howell, the petitioner, was convicted of criminally negligent homicide in the Circuit Court of Winston County and sentenced to 12 months' hard labor. The conviction arose from an incident which took place on April 30, 1980. Monty Howell and David Bailey, his co-defendant, had spent the night at Howell's residence. At approximately 6:00 a.m., Robert Fuller, the deceased, came to Howell's home. While the three of them were in a room together, Bailey proceeded to show Fuller a pistol he had in his possession. While Bailey was showing Fuller the pistol, Howell exploded some…