MARCEL WAYNE WILLIAMS

DOB: August 20, 1970
Race: African American
Gender: Male

County of conviction: Pulaski
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: November 20, 1994
Date of sentencing: January 4, 1997

Trial Counsel:

Herbert Wright and Phillip Hendry

Current proceedings:

• State appeal to Eighth Circuit pending in Williams v. Norris, No. 07-2115.

Last judicial decision:

• Williams v. Norris, 2007 WL 1100417 (April 11, 2007) - Writ of Habeas Corpus issued and sentence converted to life imprisonment without the possibility of parole, pending new penalty phase proceeding within 120 days of judgment.

Current counsel:

Bruce David Eddy
Federal Public Defender's Office
The Victory Building
1401 West Capitol Avenue, Suite 490
Little Rock, AR 72201
(501) 324-6113

E. Alvin Schay
The Lafayette Building
523 South Louisiana, Suite 550
Little Rock, AR 72201
(501) 376-7000

Reported Opinions:

• Williams v. Norris, 2007 WL 1100417 (April 11, 2007) - Writ of Habeas Corpus issued and sentence converted to life imprisonment without the possibility of parole, pending new penalty phase proceeding within 120 days of judgment.
   
• Habeas petition dismissed in part by U.S. District Court, Case No. 5:02-CV0450, 6/19/906 (Holmes, J.).  Hearing scheduled for 12/11/06.
   
• Denial of post-conviction relief affirmed by Williams v. State, 64 S.W.3d 709 (Ark. 2002).
   
• Conviction and sentence affirmed on direct appeal by Williams v. State, 991 S.W.2d 565 (Ark. 1999).
   
• Appellate counsel ordered to show cause why he should not be held in contempt for failing to file a timely brief. Williams v. State, 963 S.W.2d 221 (Ark. 1998). Counsel held in contempt and fined $250. Williams v. State, 970 S.W.2d 267 (Ark. 1998).

Significant legal issues:

• trial counsels' failure to present mitigating evidence concerning Mr. Williams' mental health, family history, previous incarcerations and prison rape at the age of sixteen; counsels' belief that such evidence could be presented only through Mr. Williams himself, whom they did not want to subject to cross-examination
   
• Batson claim asserting pretextuality of prosecutor's claimed race-neutral reason for striking an African-American venireperson (the fact that she had only a high school education and worked as a shipping clerk), when the state declined to strike three white venirepersons with equal or less education

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