Introduction

Since the Supreme Court reinstituted the death penalty in 1976, Arkansas has executed just 27 people.[1] It has not sent an inmate to the death chamber since 2005.[2] But beginning on April 17, Arkansas intends to execute an unprecedented eight men in just ten days.[3]

This report examines the cases of those condemned men, and what we found is devastating.[4] At least five of the eight cases cases involve a person who appears to suffer from a serious mental illness or intellectual impairment. One of these men was twenty at the time of the crime, suffered a serious head injury, and has a 70 IQ score. Another man suffers from paranoid schizophrenia and believes that he is on a mission from God. He sees both his deceased father and reincarnated dogs around the prison. A sixth condemned inmate endured shocking sexual and physical abuse–he was burned, beaten, stabbed, and raped, and his mother pimped him out to various adults throughout his preteen and teen years. In the two remaining cases, there is no evidence to suggest that the attorneys ever conducted even a minimally adequate mitigation investigation to determine if their clients had any illnesses or disabilities.

Across the eight cases, the quality of lawyering that we detected falls short of any reasonable standard of effectiveness–one lawyer was drunk in court, while another struggled with mental illness. Several of the lawyers missed deadlines, failed to visit their clients, and continued on a case despite the appearance of a conflict of interest. Taken together, these cases present a foundational challenge to the legitimacy and integrity of the death penalty in Arkansas. The Governor should declare a moratorium on executions so these legal deficiencies can be given a closer look, or else the Courts must intervene to stop these executions in order to preserve public confidence in the rule of law.

 

Jason McGehee

Jason McGehee suffers from bipolar disorder.[5] Mental illness runs in his family, with numerous members, including his sister, suffering from bipolar disorder, manic depression, and alcoholism.[6] Although Jason manifested symptoms as a child, his mother never got him help, believing instead that he was “possessed by the Devil.”[7] 

Neuropsychological testing also shows that Jason may have brain damage, with impairments in his frontal lobe.[8] This is not entirely surprising given that his mother drank alcohol during her pregnancy.[9] Jason also started inhaling gasoline when he was only three years old,[10] and became an alcoholic by the sixth grade.[11] He was likely using heavier drugs by the time he was fourteen.[12]

But perhaps even more heartbreaking than his untreated mental illness is the extraordinary trauma he experienced as a child. Jason’s father, a Vietnam War Veteran with post-traumatic stress disorder (PTSD) who became an alcoholic, was exceptionally cruel.[13] When Jason was little, his father “grew tired” of the two family dogs and cut their throats with a knife, killing them.[14] Jason’s father hit him and was also physically violent towards his mother.[15]

Jason’s parents divorced when he was about three.[16] After the divorce, Jason’s mother – who suffered from depression[17] – was absent, drinking and partying rather than caring for the kids.[18] She remarried when Jason was in the first grade and became a religious “fanatic,” according to her sister, putting the needs of the Church of Latter Day Saints above those of her children.[19] She developed harsh forms of discipline, and literally treated her son like a dog. When Jason missed curfew at fourteen, she forced him to live outside in the dog-run.[20] After that, Jason stopped living in her house.[21]

Jason’s new step-father – twenty years his mother’s senior[22] – was just as mean as Jason’s father. He would “hit[] the farm animals with boards with nails on them.”[23] Worse, Jason’s step-father killed Jason’s dog, Dusty, his pet of seven years.[24] Jason “carried . . . around [the dog] like he was a baby.”[25] He would “dress up [his] pet[] in clothes,” including in a “jogging suit.”[26] The dog slept on Jason’s bed every night.[27] He put the dog’s “birthday on the calendar.”[28] Jason’s step-father killed Dusty, kicking the dog to death with his pointy toed cowboy boots while forcing Jason to watch.[29] Jason’s mother blamed Jason for Dusty’s death, telling him “God knew he longed for another puppy and that’s why Dusty died.”[30] According to Jason’s Aunt: “That was the turning point. Jason was never the same after that.”[31]

The jury never heard any of this powerful and devastating evidence, because his lawyer barely investigated his case.[32] His execution date is April 27th.[33]

 

Marcel Wayne Williams

By the time Marcel Williams was nine or ten, he was the victim of sexual abuse. His mother presented him to her adult friend as a sexual partner so that the family could live in her house.[34] By the time he was twelve, Marcel’s “mother was routinely pimping him. . . . in exchange for food stamps, for food, for a place to stay. . . . to women in their twenties, thirties, and forties. He [wa]s twelve, thirteen, fourteen years old.”[35] While serving time in an adult prison as an adolescent, Marcel also was violently gang-raped by three people.[36] 

His mother–described by an expert as “catastrophically unfit” to be a parent–also physically abused him in “unrelenting” and “savage” ways.[37] According to Marcel’s sister, his mother beat him “almost every day” and “usually used a belt or switch.”[38] “When it was real bad, she used an extension cord.”[39] One time, according to his cousin, his mother “got a pot and put water in it and put extension cords in it to boil them, then she took them out and went into the room and started to beat Wayne.”[40] His cousins “could hear him screaming, and after a while [] saw him run out of the room and through the house, naked, and out into the backyard [and] [h]e had gashes and he was bleeding.”[41] Another time, she used an electric coil to burn him.[42] He also was stabbed after defeating an older kid in a craps game.[43]

He grew up in crushing poverty. His house was full of roaches and rodents and the utilities were often turned off.[44] At times, Marcel and his sister literally did not have shoes to wear.[45]

A federal judge found this evidence extremely compelling and reversed Marcel’s death sentence after finding that his trial attorneys provided ineffective assistance of counsel because they failed to present this information to a jury. The federal appellate court reinstituted the death sentence, however, finding that for procedural reasons, Marcel should never have received a hearing in the first place.

His execution is scheduled for April 24th.[46]

 

Bruce Ward

Bruce Ward, who has been on death row for over two decades, has been diagnosed with paranoid schizophrenia.[47] He appears not to understand that he is about to die, believing instead that he is preparing for a “special mission as an evangelist.”[48] 

In 2010, Ward told a forensic psychiatrist that he was the “target of a conspiracy between officials in Pennsylvania, someone he knew in Canton, Texas, and various Arkansas government entities including the governor’s office and the State and Federal Public Defenders.”[49] He pointed to “divine revelation, which caused him to believe he will never receive the death penalty but will walk out of prison to great riches and public acclaim, including the Hollywood movie about the information he reveals.”[50] He acknowledged “hearing voices that confirmed his beliefs and the reality and validity of his views. He receives revelations from God directly (voices), and through scripture.”[51]

In 2015, a psychiatrist observed that Bruce “views his incarceration and the proposed sentence as harassment by evil or demonic forces which God has temporarily allowed [in order] to prepare him for a special mission as an evangelist.”[52] That same year, he tore up his execution warrant, gave it to his attorney, and told her to “be careful and not to ruffle the edges of them,” because he was “going to tape them together and then frame them and hang it upside down above [his] desk in [his] office.”[53] In the same visit he told her his deceased father had come to visit him in prison, and that in prison “there are little resurrected dogs.”[54]

Mental illness likely runs in Bruce’s family. His mother had a mental breakdown when he was four.[55] She frequently beat Bruce with a belt, leaving welts on his body.[56] She once put tar on him and then placed him in ice-cold water.[57] On another occasion, he got into trouble for eating two cherries — his mother punished him by making him eat everything in the refrigerator.[58] When he was about five or six, the roof started leaking.[59] His mother made him strip down and lay on the bed while the water dripped on him.[60]

His execution is scheduled for April 17th.[61]

Kenneth Williams

Kenneth Williams, who was just twenty years old at the time of his crime,[62] has a full-scale IQ score of 70,[63] which is squarely within the intellectual disability range.[64] He also has a history of severe “learning disabilities” and “neuropsychological problems,”[65] and he started failing and repeating grades by the time he turned nine.[66] 

There is also evidence that Kenneth may have suffered brain damage. He experienced “significant head injuries,”[67] and during a neuropsychological examination, he exhibited mild stuttering, a mild tremor, and showed deficient motor speed and fine motor speed.[68] He had “memory problems, problems focusing attention, deficiencies of judgment and reasoning, problems with reading comprehension, problems with comprehending oral instructions and problems with mental flexibility, which is the ability to shift from one task to another.”[69] One expert put it plainly: “His brain is not working the way it should.”[70]

Kenneth also experienced unimaginable trauma as he shuffled between six different foster homes as a child.[71] He lived in “rat and roach infested” homes,[72] and his family’s “extreme economic deprivation” meant that their utilities were shut off repeatedly and they often lacked adequate food to eat.[73] Moreover, his parents both were substance abusers. His father drank and smoked crack cocaine and his mother used marijuana.[74]

Kenneth witnessed and experienced serious physical abuse. Kenneth’s father once kidnapped his mother and held her at gunpoint for several days.[75] He also regularly “cuss[ed] her and slapp[ed] her, pushing her and hitting her with his fist. He would body slam her on the ground and choke[] her until she would strangle and gag. On one occasion, he cut her across the stomach with a broken bottle.”[76] Kenneth’s dad also “routinely whipp[ed] the boys . . . on their buttocks, legs, arms and hands,” leaving “welts and bruises.”[77]

Left to his own devices, Kenneth started smoking marijuana at age six; he started drinking beer at nine.[78] He was first institutionalized in the juvenile correctional system at nine years old.[79] While the expert at trial provided few details, he testified that “institutionalization has some additional traumatic, sexual exposures that are associated with it.”[80]

His execution date is April 27th.[81]

Jack Jones

Jack Jones suffers from bipolar disorder and depression.[82] His symptoms of serious mental illness date back to his childhood. He endured visual hallucinations where he saw “bugs, ants and spiders in particular, that he believed were going to get him.”[83] These hallucinations were paralyzing. He “thought the only way to be safe from [them] was to hold very still.”[84] Family members described how on other occasions, he would sometimes rock and bang his head against the cupboards.[85] A doctor at the time diagnosed him with ADHD and prescribed Ritalin.[86] In 1980, when Jack was 16, a doctor recommended he receive psychotherapy and family counseling, but the family did not follow through.[87] 

In 1989, Jack attempted suicide.[88] He tried again in 1991, when he jumped off a bridge.[89] He was finally admitted for psychiatric attention.[90] Just months prior to the capital murder, Jack voluntarily committed himself to the Pinnacle Pointe Hospital in Little Rock, reporting severe depression and repeated suicidal ideation.[91] He was diagnosed with bipolar disorder and prescribed Lithium.[92] He received the bipolar diagnosis again just weeks before the capital murder, in May of 1995.[93]

Jack also experienced physical abuse by his father,[94] and sexual abuse at the hands of three strangers who abducted and raped him.[95]

In a theme that reoccurs in at least five of the cases we examined, the jury heard almost none of this powerful mitigation evidence. His trial lawyers spent a grand total of $6,641.95 preparing his defense, including plane tickets for the witnesses, lodging, and food.[96] They also used an expert at the 1996 trial who had surrendered his medical license in 1993 to enter substance abuse treatment.[97] His license was reinstated in 1994, but he remained under supervision of the Medical Board, which issued an emergency stay in 1997 after a finding that he had “bec[o]me mentally incompetent to practice medicine to such an extent as to endanger the public.”[98] The expert told the jury that he knew that Jack was not bipolar because he was bipolar himself.[99]

Arkansas plans to execute Jack on April 24th.[100]

 

Don Davis

Don Davis has been on death row for more than 25 years.[101] There is evidence to suggest that he has intellectual disabilities. On one vocabulary IQ test that he was given when he was nine, he scored a 69,[102] and on another given when he was twelve, he scored a 77,[103] both of which are in the range of intellectual impairment.[104] Don also endured a serious head injury,[105] which, along with his ADHD[106] and low IQ, likely lead to “double deficits” in cognitive functioning.[107] 

Unfortunately, Don Davis has never received a comprehensive mental health evaluation by an independent expert.[108] One state-appointed expert examined Don for seventy minutes and reviewed no records.[109] According to a hospital employee there, the hospital “did not believe” that things like “child abuse or neglect” qualified as mitigating factors.[110] Though legal opinions make clear that both of his parents abandoned him soon after his birth,[111] and they also reference psychological trauma as a child,[112] the absence of a basic mitigation investigation means that the full extent of his impairments will likely never be known.

His execution date is scheduled for April 17th.[113]

 

Ledell Lee

Ledell Lee has received inadequate representation at every stage of his case. Ledell’s trial attorneys filed a motion with the Arkansas Supreme Court citing an “intolerable conflict between [counsel]” and Ledell.[114] One attorney described it as the “most gross case of [a] conflict in [his] 20 years of practice.”[115] The state, through the Attorney General, sided with defense counsel.[116] But the judge refused to remove Lee’s trial counsel from the case.[117] 

Lee’s trial lawyers failed to conduct a thorough mitigation investigation into his background. A constitutionally adequate investigation requires a defense attorney to retain a trained mitigation specialist to obtain a client’s records — school, hospital, and mental health — and to interview life history witnesses, including family members, teachers, friends, and neighbors. The lawyers on this case did not even speak to many of Ledell’s siblings, and they did not bother to talk to his mother about testifying at trial.[118] Instead of employing a mitigation specialist, trial counsel hired a former police officer with no training or mental health background to investigate the case.[119]

Lee’s first state post-conviction attorney had substance abuse problems that left him “impaired to the point of unavailability on one or more days of the Rule 37 hearing.”[120] The Arkansas Supreme Court noted several examples of his lawyer’s “troubling behavior,” including “being unable to locate the witness room;” “repeatedly being unable to understand questions posed by the trial court or objections raised by the prosecution;” “not being familiar with his own witnesses;” and “rambling incoherently, repeatedly interjecting ‘blah, blah, blah,’ into his statements.”[121] Unsurprisingly, Ledell lost his state-post conviction petition. Eventually, the Arkansas Supreme Court recognized that Lee received grossly inadequate representation and withdrew its opinion, giving him new counsel.[122]

Unfortunately, his new counsel were not much better. First, they missed the filing deadline for the appeal.[123] Then, the Arkansas Supreme Court twice, sua sponte, ordered the attorneys to submit a new brief because their filings failed to comply with Court rules[124] — the second time, the Court referred the attorneys to the Committee on Professional Conduct.[125] The attorneys also appear to have refused to accept their client’s phone calls and ignored his letters.[126]

At one point, Ledell received a glimmer of hope when the Arkansas court appointed the Arkansas Federal Defender to his case. They tried to litigate a claim that Ledell is intellectually disabled.[127] In response, the state argued that Ledell — with all of his competent representation — had procedurally defaulted this claim by not raising it before.[128] But before the parties could complete litigation on the claim, the Federal Defender was removed due to a conflict.[129]

In 2016, Ledell’s local habeas attorney moved to withdraw from the case because she was retiring.[130] She made clear that in ten years, she had done little work on the case. “I have no file on [Ledell],” she stated, despite having argued at least one of Ledell’s appeals before the Eighth Circuit.[131] “I have no working relationship with [Ledell]. I have not seen [him] for several years. I have no relationship with [his] present counsel and have not had any working relationship with them for some time.”[132]

In June of 2016, one of Lee’s federal habeas lawyers, Gary Brotherton, voluntarily surrendered his legal license “to prevent possible harm to clients” because he was suffering from bipolar disorder with psychotic features and anxiety.[133] One month later, the Missouri Supreme Court suspended him from the practice of law.[134] So, just seven months ago, in the eleventh hour of his case, Ledell received yet another lawyer on his case.

His execution date is April 20th.[135]

 

Stacey Johnson

We were able to find little information about Stacey Johnson’s background. We seriously doubt that this is because no such mitigation evidence exists. We found no evidence that his lawyers ever conducted a thorough life history investigation, a basic staple of effective representation in a death penalty case.

Moreover, Stacey’s case is one of uncertain guilt. The jury convicted him based in part on the strength of the identification of six-year-old Ashley Smith, the daughter of the decedent. Smith’s medical records revealed that she provided “profoundly inconsistent” stories about what occurred on the night of the incident and “that she had been under considerable pressure from her family and the prosecutor to convict Stacey Johnson.”[136] According to the therapist’s notes, the District Attorney told Smith she was “the only one who can ‘keep him behind bars’”; the grandmother told Smith the same thing, because “if he gets out he’ll try to kill [Smith] next” and if Stacey’s sentence were overturned, “[Smith would] feel total responsibility.”[137] When Smith tried to elaborate on what she saw, the attorney told her that “all she ha[d] to say [was] that she saw [Stacey] murder her mom, period.”[138] This is powerful and impeaching evidence, but the trial counsel had access to none of it.[139]

His execution date is April 20th.[140]

 

Conclusion

If allowed to proceed, Arkansas will execute a man with a 70 IQ, a man who watched not one but two parental figures kill his pet dogs, and a man who is so ill that he believes there are reincarnated dogs running around the prison. The State will execute several men with serious mental illnesses. It will send to the death chamber numerous people who never had their life histories or mental health investigated and presented to a jury or judge.

Under the Eighth Amendment, capital punishment “must be limited to those offenders . . . whose extreme culpability makes them the most deserving of execution.”[141] Our review of the Arkansas cases shows that this standard is not close to being met.

 

About the Fair Punishment Project

The Fair Punishment Project uses legal research and educational initiatives to ensure that the U.S. justice system is fair and accountable. As a joint initiative of Harvard Law School’s Charles Hamilton Houston Institute for Race & Justice and its Criminal Justice Institute, we work to highlight the gross injustices resulting from prosecutorial misconduct, ineffective defense lawyering, and racial bias, and to highlight the unconstitutional use of excessive punishment. The Project also closely partners with The Bronx Defenders, which provides invaluable strategic, research, and writing assistance.

 

Footnotes

[1] Death Penalty Info. Cntr., Facts About The Death Penalty (2017), available at http://www.deathpenaltyinfo.org/documents/FactSheet.pdf.

[2] Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, Death Penalty Info. Cntr., http://www.deathpenaltyinfo.org/category/categories/states/arkansas (last visited March 27, 2017).

[3] See id.

[4] We reviewed legal pleadings, clemency appeals, court opinions, trial testimony where available, and news stories recounting their trials.

[5] See Petition for Writ of Habeas Corpus at 15, McGehee v. Norris, No. 5:03-CV-143, (E.D. Ark. Oct. 10, 2003).

[6] Id. at 16-20.

[7] Id. at 34.

[8] Id. at 13.

[9] Id. at 24.

[10] Id. at 30.

[11] Id. at 38.

[12] Id.

[13] Id. at 21-22.

[14] Id. at 26.

[15] Id. at 24-26.

[16] Id. at 26.

[17] Id. at 20.

[18] Id. at 27-28.

[19] Id. at 31-32.

[20] Id. at 37.

[21] Id.

[22] Id. at 31.

[23] Id. at 32.

[24] Id. at 33.

[25] Id.

[26] Id.

[27] Id.

[28] Id.

[29] Id.

[30] Id.

[31] Id. at 34.

[32] McGehee v. Norris, 588 F.3d 1185, 1192-93 (8th Cir. 2009). The trial judge excluded some of the evidence,including the fact that Jason watched the only male role models torture his dogs to death. Other pieces of Jason’s tragic life, including his mental illness, were not investigated until federal habeas.

[33] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[34] See Appendix I at 22-23, Williams v. Norris, 576 F.3d 850 (8th Cir. 2009) (No. 5:02-cv-00450).

[35] Id. at 23.

[36] Id. at 19, 27-28.

[37] Id. at 20-21.

[38] Id. at 4.

[39] Id.

[40] Id. at 14.

[41] Id.

[42] Id. at 21.

[43] Id. at 5.

[44] Id. at 9.

[45] Id. at 6. His sister — whom Marcel’s trial counsel never interviewed — tells the following story: “One time when I did not have shoes, Wayne and I caught the bus to the mall and stole shoes. When we got home, Mama noticed my feet. I thought we were going to die that day because she saw it and said, I’m going to kill you. You don’t skip school. You don’t do this, you don’t do that. I remember her stating, you lied to me and you’re going to die today. I got a whipping, but she tried to kill Wayne. But I got my shoes. He stole the shoes.”

[46] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[47] See Complaint for Declaratory and Injunctive Relief at 7-16, Ward v. State, 455 S.W.3d 303 (Ark. 2015) (No. 35cv-15-558). The Supreme Court has held that the Eighth Amendment prohibits the execution of the mentally incompetent. See Ford v. Wainwright, 477 U.S. 399 (1986).

[48] Complaint, supra note 47, at 9.

[49] Id. at 8.

[50] Id.

[51] Id.

[52] Id. at 9.

[53] Id. at 14.

[54] Id.

[55] Id. at 24.

[56] Id. at 25.

[57] Id.

[58] Id.

[59] Id.

[60] Id.

[61] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[62] See Patty Wooten, Execution Date for UAPB Cheerleader Killer Set, The Commercial (March 8, 2017), http://www.pbcommercial.com/news/20170306/execution-date-for-uapb-cheerleader-killer-set.

[63] Testimony of Mark D. Cunningham at 14, Williams v. State, 51 S.W.3d 290 (Ark. 2007).

[64] A person with an IQ score of 75 or below may qualify for a diagnosis of intellectual disability (ID); however, an actual ID diagnosis requires an assessment of three prongs: adaptive functioning, intellectual functioning (which IQ measures), and age of onset. See Frequently Asked Questions on Intellectual Disability, Am. Assoc. on Intellectual and Dev. Disabilities, https://aaidd.org/intellectual-disability/definition/faqs-on-intellectual-disability#.WNl38vnyvIU (last visited March 28, 2017).

[65] See Testimony of Mark D. Cunningham, supra note 63, at 14, 24.

[66] Id. at 9-10. Jay W. Ellison et al., Genetic Basis of Intellectual Disability, 64 Annual Rev. Med. 441, 442 (2013) (“[Intellectual disability] can be caused by environmental insults such as infection, trauma, and teratogens, but a sizable proportion is caused by genetic abnormalities.”); Am. Assoc. on Intellectual and Dev. Disabilities, Intellectual Disability: Definition, Classification, and Systems of Supports 60 (11th ed. 2010). Kenneth’s family history is illustrative of this. Kenneth’s grandfather was described as “mentally deficient and very slow . . . . He would simply sit on the railroad tracks for hours at a time.” Testimony of Mark D. Cunningham, supra note 63, at 13. Kenneth’s father had a learning disability, failed early grade school, “and spent a good part of his adolescence in training schools.” Id. at 13-14. His mother was “mildly mentally retarded;” she had an IQ score of 68, with reading and spelling levels at the second and third grade levels. Id. at 16.

[67] Id. at 17.

[68] Id. at 15.

[69] Id. at 15-16.

[70] Id. at 16.

[71] Id. at 6.

[72] Id.

[73] Id.

[74] Id. at 16.

[75] Id. at 20.

[76] Id. at 19-20.

[77] Id. at 18.

[78] Id. at 28.

[79] Id. at 26, 30.

[80] Id. at 30.

[81] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[82] See Declaration of David Freedman, M.S. at 9-16, on file with the Fair Punishment Project.

[83] Id. at 15-16.

[84] Id.

[85] Id. at 14.

[86] See Amended Petition for Writ of Habeas Corpus at 6, 9, Jones v. Norris, No. 5:00-cv-401 (E.D. Ark. Sept. 14, 2005).

[87] See Response to Amended Petition for Writ of Habeas Corpus at 6, Jones v. Norris, No. 5:00-cv-401 (E.D. Ark. Oct. 4, 2005).

[88] See Declaration, supra note 82, at 13.

[89] Id. at 12.

[90] Id.

[91] Id. at 11-12.

[92] Id.

[93] Id.

[94] Id. at 17.

[95] Id.

[96] See Supplemental Response to Motion for Leave to File Second Amended Petition at 4, Jones v. Norris, No. 5:00-cv-401 (E.D. Ark. Feb. 14, 2006).

[97] See Amended Petition, supra note 86, at 7; see also Detailed License Verification for Michael Wade Bridges, Arkansas State Medical Board, copy on file with the Fair Punishment Project.

[98] Detailed License Verification for Michael Wade Bridges, supra note 97.

[99] See Amended Petition, supra note 86, at 7.

[100] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[101] See Davis v. State, 314 Ark. 257 (1993).

[102] Davis v. Norris, 423 F.3d 868, 878 n.5 (8th Cir. 2005).

[103] Id.

[104]See What is Intellectual Disability?, Am. Psych. Assoc., https://www.psychiatry.org/patients-families/intellectual-disability/what-is-intellectual-disability (last visited March 28, 2017).

[105] Davis, 423 F.3d at 873.

[106] Id.. at 870.

[107] E. Rose, et. al, Neuropsychological Characteristics of Adults With Comorbid ADHD and Borderline/Mild Intellectual Disability, 30 Res. In Intellectual Disability 496 (2002).

[108] See Davis, 423 F.3d at 875.

[109] Id. at 880 (Bye, J., concurring in part and dissenting in part).

[110] Id. at 874.

[111] Id. at 873.

[112] Id.

[113] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[114] Simpson v. Pulaski Cty. Cir. Ct., 899 S.W.2d 50, 50 (Ark. 1995).

[115] Petition for Writ of Habeas Corpus at 45, Lee v. Norris, No. 5-01-cv-00377 (E.D. Ark. Nov. 2, 2001).

[116] Id. at 42.

[117] See Simpson, 899 S.W.2d at 52.

[118] See Lee v. Hobbs, No. 5:01-cv-00377, 2013 WL 3149755, at *20 n.4 (E.D. Ark. June 18, 2013).

[119] Exhibit 5, Petitioner’s brief in 2nd Rule 37, at 6 (filed Dec. 5, 2008), of Response to Petition for Writ of Habeas Corpus by Larry Norris, Lee v. Hobbs, No. 5:01-cv-00377 (E.D. Ark. Oct. 28, 2011); Lee v. State, 308 S.W.3d 596, 606 (Ark. 2009).

[120] Lee v. State, 238 S.W.3d 52, 54 (2006).

[121] Id. at 56-57.

[122] Id. at 57-58.

[123] See Exhibit 11, Affidavit of Didi Sallings (filed Jan. 29, 2009), Petitioner’s Traverse, Lee v. State, 291 S.W.3d 188, No. CR-2008-160 (Jan. 26, 2012).

[124] See Lee v. State, 289 S.W.3d 61 (Ark. 2008); Lee v. State, 291 S.W.3d 188 (Ark. 2009).

[125] See Lee, 291 S.W.3d at 190. After the Court rejected the second brief, one attorney withdrew from the case, stating he had essentially had nothing to do with any of the legal briefing – he had not even seen the filings because his partner agreed to take on all responsibilities in the case. See Exhibit 11, Motion to Be Relieved as Attorney of Record (filed Jan. 29, 2009), Petitioner’s Traverse, Lee v. State, No. CR-2008-160 (Jan. 26, 2012).

[126] See Petitioner’s Traverse, No. 5:01cv00377 (E.D. Ark. Jan. 26, 2012); see also Habeas Petition 2001, supra note 115, at 37.

[127] See Amended and Substituted Motion to Amend Habeas Corpus Petition, Lee v. Norris, No. 5:01-cv-00377 (E.D. Ark. June 18, 2003).

[128] See Response to Motion to Amend Habeas Corpus Petition, Lee v. Norris, No. 5:01-cv-00377 (E.D. Ark. July 8, 2003).

[129] See Objection to the Appointment of the Federal Public Defender for the Eastern District of Arkansas, Lee v. Hobbs, No. 5:01-cv-00377 (E.D. Ark. May 24, 2016).

[130] See Motion to Withdraw, Lee v. Hobbs, No. 5:01-cv-00377 (E.D. Ark. June 8, 2016); see also Lee v. Norris, 354 F.ed 846 (8th Cir. 2004) (listing Sallings as arguing the case).

[131] See Lee v. Norris, 354 F.3d 846, 846 (8th Cir. 2004).

[132] Motion to Withdraw, supra note 130.

[133] See Report and Recommendation on Petition for Voluntary Surrender of License, No. SC95767 (Mo. June 23, 2016).

[134] In re Brotherton, No. SC95767 (Mo. July 8, 2016), https://www.courts.mo.gov/page.jsp?id=103853 (last viewed March 29, 2017).

[135] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[136] Johnson v. State, 27 S.W.3d 405, 417 (Ark. 2000) (Brown, J., dissenting).

[137] Id.

[138] Id.

[139] Id.

[140] See Arkansas Schedules Unprecedented Eight Executions in Ten-Day Period, supra note 2.

[141] Roper v. Simmons, 543 U.S. 551, 568 (2005).