ROGER LEWIS COULTER

DOB: December 1, 1959
Race: White
Gender: Male

County of conviction: Ashley
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: April 12, 1989
Date of sentencing: October 27, 1989

Trial Counsel:

Arthur Allen

Current proceedings:

• Habeas petition pending in U.S. District Court, W.D. Ark., Case No. 1:01cv1125 (before Barnes, J.); case stayed pending exhaustion of mental retardation claim in state court.

Last judicial decision:

• Denial of Petition for Rehearing in U.S. Supreme Court in Coulter v. Arkansas, 127 S.Ct. 715 (Nov . 27, 2006).

Current counsel:

Jenniffer Morris Horan
Federal Public Defender Office
The Victory Building, Suite 490
1401 West Capitol Avenue
Little Rock, AR 72201
(501) 324-6113

E. Alvin Schay
523 So. Louisiana Suite 550
Little Rock, AR 72201
(501) 376-7000

Walter Craig Lambert
1700 Regions Center
400 West Capitol Avenue
Little Rock, AR 72201
(501) 374-3559

Reported Opinions:

• Denial of Petition for Rehearing in U.S. Supreme Court in Coulter v. Arkansas, 127 S.Ct. 715 (Nov . 27, 2006).

• Arkansas Supreme Court denied Mr. Coulter's Motion to Recall the Mandate, or Alternatively, for a Writ of Error Coram Nobis based on his Atkins claim.  Coulter v. State,  ___ S.W.3d ___, 2006 WL 301082 (Ark. Feb. 9, 2006), rehearing denied 03/16/06.
   
• Arkansas Supreme Court denied the Federal Public Defender's motion to represent Mr. Coulter in state court, the motion was opposed by Coulter's attorney, Craig Lambert.  Coulter v. State, ___ S.W.3d ___, 2005 WL 3216967 (Ark. Dec. 1, 2005)
   
• Denial of post-conviction relief under Rule 37 affirmed by Coulter v. State, 31 S.W.3d 826 (Ark. 2000).
   
• Leave granted to file out-of-time appeal of circuit court's denial of post-conviction relief. Coulter v. State, 13 S.W.3d 171 (Ark. 2000).
   
• Sentence and conviction affirmed on direct appeal by Coulter v. State, 804 S.W.2d 348 (Ark.), cert. denied, 502 U.S. 829 (1991).

Significant legal issues:

• trial counsel's failure to interview and call as mitigation witnesses two brothers of Mr. Coulter, who would have testified that he was repeatedly sexually abused as a child and had a history of mental illness
   
• Caldwell claim stemming from prosecutor's closing argument that it was "the law," rather than the jury, that imposes and carries out a death sentence
   
• statutory cap of $1,000 for appointed trial counsel in capital cases
   
• claim of mental retardation

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