DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091062P.pdf 07/15/2010 Kenneth Williams v. Larry Norris
U.S. Court of Appeals Case No: 09-1062
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and
Melloy, Circuit Judge]
Prisoner case - habeas. Arkansas courts' decision not to admit
testimony of a corrections expert regarding prison negligence regarding
Williams' escape was in accord with federal law and was not erroneous;
even if the refusal to admit the evidence was error, it was harmless as
Williams was allowed to introduce other evidence on the issue and the
jury was not precluded from considering the negligence as a mitigating
factor; insofar as victim impact testimony at sentencing asked the jury to
act affirmatively and impose a death sentence it violated Supreme Court
case law proscribing such testimony; however, the error was not so
unduly prejudicial as to render the trial fundamentally unfair, and Williams
was not entitled to relief on the claim; prospective juror, while initially
hesitant, stated she could weigh all of the factors in the case and was not
impermissibly biased; as a result, counsel was not ineffective for failing
to move to strike the juror or object to her presence on the jury; any error
in filling out the jury form on mitigating circumstances was harmless and
counsel's performance was not ineffective; claim that counsel was
ineffective in failing to produce certain mitigation testimony rejected;
objection to trial in prison attire was without merit in light of the fact
that Williams was being tried for a murder committed during a prison escape;
Arkansas courts applied the correct standards in considering Williams's
claim that trial in restraints and in the presence of guards prejudiced the
jury; Williams had no right for funding to investigate entirely speculative
claims of juror misconduct.