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Timothy Wayne Kemp - Arkansas Death Row
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Thread: Timothy Wayne Kemp - Arkansas Death Row

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    Timothy Wayne Kemp - Arkansas Death Row




    Facts of the Crime:

    In October 1993, police found the bodies of David Wayne Helton, Robert "Sonny" Phegley, Cheryl Phegley and Richard "Bubba" Falls in a trailer in Jacksonville, Arkansas. All four victims had been shot, and all but Falls had been shot more than once. Another victim, Becky Mahoney, was also shot but hid in a bedroom closet during the shootings and survived. Mahoney later identified her boyfriend, Timothy Wayne Kemp, as the perpetrator. In November 1994, Kemp was convicted of four counts of capital murder and sentenced to death on each count.

  2. #2
    Administrator Heidi's Avatar
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    Inmate Personal Information

    DOB: 08/04/1960
    Race: White
    Gender: Male

    Crime and Trial Information

    * County of conviction: Pulaski
    * Number of counts: Four
    * Race of Victims: All White
    * Gender of Victims: 1 Female/3 Male
    * Date of crime: 10/04/1993
    * Date of Sentencing: 12/02/1994

    Legal Status

    Current proceedings:
    Habeas petition pending in E.D. Ark. and held in abeyance pending exhaustion of state remedies; Second Rule 37 motion dismissed without prejudice

    Attorneys

    Julie Brain
    Scott Braden
    Bruce Eddy

    Court Opinions

    Kemp v. State, 919 S.W.2d 943 (Ark.), cert. denied, 519 U.S. 982 (1996) (affirming conviction and sentence as to one count, and affirming but reversing sentence and remanding as to remaining three counts); Kemp v. State, 983 S.W.2d 383 (Ark. 1998) (affirming death sentence on three remaining counts), cert. denied, 526 U.S. 1073 (1999); Kemp v. State, 60 S.W.3d 404 (Ark. 2001) (reversing denial of post‐conviction relief); Kemp v. State, 74 S.W.3d 224 (Ark. 2002) (affirming denial of post‐conviction relief after remand); Kemp v. State, 2009 WL 4876473 (Ark. Dec. 17, 2009) (holding that a petitioner must ask this court to recall its mandate and reopen postconviction proceedings before a second Rule 37 petition can be brought in circuit court and affirming circuit court's dismissal of Kemp's second Rule 37 petition for lack of jurisdiction).

    Legal Issues

    In post‐conviction proceedings after remand (2002):
    (1) whether the failure to investigate ownership of gun found at murder scene constituted ineffective assistance of counsel;
    (2) whether “imperfect self‐defense” instruction was warranted (part of IAC claim)

  3. #3
    Administrator Moh's Avatar
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    On June 28, 2012, Kemp's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...0055/51291/68/

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    Administrator Moh's Avatar
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    March 17, 2014

    IN THE UNITED STATES DISTRICT COURT

    EASTERN DISTRICT OF ARKANSAS

    PINE BLUFF DIVISION

    ORDER granting Motion for Reconsideration. The aspects of the Court's Order that state that ineffective assistance of postconviction counsel can never excuse procedural default are vacated. Claims I.H, VII, VIII, XIII, XIV, XV, and XVI1, which the Court decided on the merits, remain denied.

    http://docs.justia.com/cases/federal...0055/51291/101

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    Administrator Moh's Avatar
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    On October 6, 2015, Kemp's second amended habeas petition was DENIED in Federal District Court.

    https://docs.justia.com/cases/federa...0055/51291/150

    On December 14, 2015, Kemp filed an appeal before the US Court of Appeals for the Eighth Circuit.

    https://dockets.justia.com/docket/ci...ts/ca8/15-3849

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    Administrator Moh's Avatar
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    On September 20, 2017, oral argument will be heard in Kemp's appeal before the Eighth Circuit. The panel will be made up of Judges Wollman (Reagan), Melloy (G.W. Bush) and Gruender (G.W. Bush).

    http://media.ca8.uscourts.gov/webcal/sep17stl.pdf

  7. #7
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    Federal habeas relief denied today by the 8th Circuit.

    https://ecf.ca8.uscourts.gov/opndir/19/05/153849P.pdf

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    Senior Member CnCP Addict Bobsicles's Avatar
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    Distributed for conference May 15, 2020

    https://www.supremecourt.gov/search....c/19-7476.html
    I believe in the death penalty

    ~James Dobson

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    Administrator Moh's Avatar
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    On May 18, 2020, the United States Supreme Court DENIED Kemp's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eighth Circuit
    Case Numbers: (15-3849)
    Decision Date: May 16, 2019
    Rehearing Denied: August 28, 2019

    https://www.supremecourt.gov/search....c/19-7476.html

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    Administrator Aaron's Avatar
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    State officials ‘working closely’ on execution dates

    While no time estimate was provided on when executions may continue in Arkansas, the office of Arkansas Attorney General Leslie Rutledge said they are working with Gov. Asa Hutchinson and the Arkansas Department of Corrections (ADC) to “ensure justice.”

    U.S. District Court Judge Kristine Baker with the Eastern District of Arkansas ruled June 1 that Arkansas could continue with a three-drug protocol – midazolam, vercuronium bromide, and potassium chloride – to administer a death sentence by lethal injection. The ruling allows state officials to set, and reset in some cases, execution dates for death row inmates.

    “As the Attorney General, I enforce the laws in the State and bring justice for families who have long been devastated at the hands of these murderers. Today’s final judgment reaffirms the constitutionality of Arkansas’s execution protocol.” Rutledge said following the June 1 ruling.

    The AG’s office told Talk Business & Politics that death row inmates Don Davis, Jack Greene, Stacey Johnson, Timothy Kemp and Bruce Ward “have exhausted the legal process and are eligible for execution.” Ward, 63, was sentenced Oct. 18, 1990. Davis, 57, was sentenced March 6, 1992. Greene, 65, was sentenced July 1, 1999. Johnson, 50, was sentenced Sept. 23, 1994. Kemp, 59, was sentenced Dec. 2, 1994.

    The AG’s office would not provide details on execution date discussions or provide a time frame for when executions might begin.

    “The Attorney General is working closely with the Governor and the Arkansas Department of Correction to ensure justice for the victims and their families,” noted a statement from AG Communications Director Amanda Priest.

    Greene was set to be executed in November 2017, but received a last minute reprieve from the Arkansas Supreme Court based on a need to assess his mental competency. Greene was convicted for the 1991 murder of 69-year old Sidney Burnett, a preacher living in Knoxville in Johnson County.

    Gov. Hutchinson in 2017 set execution dates two at a time over an 11-day period starting April 17 and ending April 27. However, stays of executions were granted for Davis, Ward, and Johnson. Eventually executed that year were Ledelle Lee (April 20), Marcel Williams and Jack Jones (April 24) and Kenneth Williams (April 27).

    According to the ADC, there are 30 people on death row. Of those, 15 are white, 14 are black and one is Hispanic.

    https://talkbusiness.net/2020/06/sta...ecution-dates/
    "You can't get rich in politics unless you're a crook." - Harry Truman

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