The Case And Remedies Of An Arkansas Capital Murder Case

3641 Words Oct 10th, 2014 15 Pages
In an Arkansas capital murder prosecution that had resulted in conviction and sentences of death based on the killing of four members of a family defense counsel learned after the conviction had been reversed that a key prosecution witness, the defendant’s son, who testified against his father implicating him in the murders at trial, has also given prosecutors a statement in which he claimed responsibility for the crimes and exculpated his father. Defense counsel moved to dismiss the prosecution on the ground of prosecutorial misconduct, but the Arkansas Supreme Court rejected the prior jeopardy claim and permitting the retrial to proceed, while referring the prosecutors involved to the court’s Committee on Professional Conduct for consideration of possible ethical violations. On retrial, the defendant was again convicted, although his son did not testify against him at this proceeding. Issues of prosecutorial misconduct in this case and remedies for misconduct are examined in this article.

INTRODUCTION: THE BILLY DALE GREEN CAPITAL MURDER CASE

When Billy Dale Green was first tried and convicted of the capital murders of four members of an Arkansas family and sentenced to death in an Arkansas circuit court in 2004, the prosecution’s key witness was his son, Chad. Having pleaded guilty in return for a 20 year sentence, Chad testified that his father had smoked methamphetamine together before his father killed the couple and their two children, apparently as a result…

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