THIS IS A CAPITAL CASE
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAMIEN WAYNE ECHOLS,
Petitioner,
vs.
LARRY NORRIS, Director,
Arkansas Department of Corrections,
Respondent.
_____________________________
))))))))))
Case No. 5:04CV00391-BSM
PETITIONER’S APRIL, 2010, REPORT RE:
STATUS OF STATE COURT PROCEEDINGS
DENNIS P. RIORDAN
(CA SBN 69320)
DONALD M. HORGAN
(CA SBN 121547)
523 Octavia Street
San Francisco, CA 94102
Telephone: (415) 431-3472
DEBORAH R. SALLINGS
(AR SBN 80127)
35715 Sample Road
Roland, AR 72135
Telephone: (501) 330-2686
(Local Counsel)
Attorneys for Petitioner
DAMIEN WAYNE ECHOLS
Case 5:04-cv-00391-BSM Document 49 Filed 04/08/10 Page 1 of 4
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Pursuant to this Court’s Letter Order issued on November 21, 2007,
petitioner Damien Echols hereby reports that there have been no new
developments in the wake of the state court proceedings described in petitioner’s
February, 2010, status report to this Court. Thus, as stated in that February, 2010,
report:
On September 10, 2008, the Craighead County Circuit Court in Arkansas
issued written orders denying, without an evidentiary hearing, the motions for postconviction
relief from their state murder convictions filed by petitioner Echols and
his state co-petitioners, Jason Baldwin and Jesse Misskelley, pursuant to Ark. Code
§ 16-112-201, et seq. (i.e., based on new scientific evidence).
Petitioner Echols and his co-petitioners filed timely appeals in the Arkansas
Supreme Court from the circuit court’s rulings. The state supreme court
subsequently remanded the matter to the circuit court to settle the appellate record.
Petitioner Echols and the state thereafter submitted amended appellate briefing to
the state supreme court, which briefing was concluded as of December 29, 2009.
Echols is informed and believes that appellate briefing filed by co-petitioners
Baldwin and Misskelley and by the state has also concluded.
Petitioner Echols requested oral argument before the state supreme court in
support of his appeal. On January 29, 2010, the court granted that request,
although it has yet to schedule an argument date.
Finally, Echols is informed and believes that in January, 2010, the Craighead
County Circuit Court denied the motions for post-conviction relief (essentially
Case 5:04-cv-00391-BSM Document 49 Filed 04/08/10 Page 2 of 4
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state habeas corpus petitions) filed by petitioners Baldwin and Misskelley, which
motions were pursued on grounds no longer available to petitioner Echols.
Petitioner Echols will inform this Court of further developments in the
relevant state court proceedings in his May, 2010, status report to this Court.
DATED: April 8, 2010 Respectfully submitted,
DENNIS P. RIORDAN
DONALD M. HORGAN
By /s/ Dennis P. Riordan
DENNIS P. RIORDAN
Cal. SBN 69320
By /s/ Donald M. Horgan
DONALD M. HORGAN
Cal. SBN 121547
RIORDAN & HORGAN
523 Octavia Street
San Francisco, CA 94102
(415) 431-3472
Attorneys for Petitioner
DAMIEN WAYNE ECHOLS
Case 5:04-cv-00391-BSM Document 49 Filed 04/08/10 Page 3 of 4
PROOF OF SERVICE BY MAIL
Re: Damien Wayne Echols v. Larry Norris, Director No. 04CV00391 BSM
I am a citizen of the United States; my business address is 523 Octavia
Street, San Francisco, California 94102. I am employed in the City and County of
San Francisco, where this mailing occurs; I am over the age of eighteen years and
not a party to the within cause. I served the within:
PETITIONER’S APRIL, 2010, REPORT RE:
STATUS OF STATE COURT PROCEEDINGS
on the following person(s) on the date set forth below, by placing a true copy
thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the
United States Post Office mail box at San Francisco, California, addressed as
follows:
Mr. David S. Raupp
Arkansas Attorney General’s Office
323 Center Street, Suite 200
Little Rock, AR 72201-2610
Ms. Lauren Elizabeth Heil
Arkansas Attorney General’s Office
323 Center Street, Suite 200
Little Rock, AR 72201-2610
- BY MAIL: By depositing said envelope, with postage (certified mail, return
receipt requested) thereon fully prepaid, in the United States mail in San Francisco,
California, addressed to said party(ies);
I certify or declare under penalty of perjury that the foregoing is true and
correct. Executed on April 8, 2010, at San Francisco, California.
/s/ Jocilene Yue
Jocilene Yue
Case 5:04-cv-00391-BSM Document 49 Filed 04/08/10 Page 4 of 4
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