JACK GORDON GREENE

DOB: March 13, 1955
Race: White
Gender: Male

County of conviction: Johnson
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: July 23, 1991
Date of sentencing: October 15, 1992

Trial Counsel:

William Person

Current proceedings:

• Petition for habeas corpus pending in U.S. District Court, E.D. Ark., Case No. 5:04-CV-373 (before Wilson, J.)

Last judicial decision:

• Arkansas Supreme Court's affirmance of circuit court's denial of post-conviction relief under rule 37 (unpublished opinion dated February 12, 2004, Case No. CR 02-736; rehearing denied March 25, 2004).

Current counsel:

Jenniffer Horan
Bruce David Eddy
Julie Brain
Federal Public Defender's Office
The Victory Building
1401 West Capitol Ave., Suite 490
Little Rock, AR  72201
501-324-6113

Reported Opinions:

• Conviction and sentence affirmed following re-sentencing after previous remand. Greene v. State, 37 S.W.3d 579 (Ark.), cert. denied 534 U.S. 858 (2001).
   
• Affirmance of circuit court's findings that Mr. Greene was competent to waive appellate and post-conviction remedies. State v. Greene, 1 S.W.3d 442 (Ark. 1999).
   
• Conviction affirmed, death sentence vacated for competency hearing. Greene v. State, 977 S.W.2d 192 (Ark. 1998).
   
• Motion to withdraw appeal denied by Greene v. State, 929 S.W.2d 157 (Ark. 1996).
   
• Conviction affirmed, sentence vacated and remanded by Greene v. State, 878 S.W.2d 384 (Ark. 1994).

Significant legal issues:

• trial counsel's failure to investigate and present (at either phase of trial) evidence of mental illness, including frontal lobe damage, post-traumatic stress disorder and severe depression
   
• Ake claim stemming from the denial of an adequate pretrial mental health evaluation
   
• trial counsel's concession of guilt to capital murder, despite available mental health defenses, physical evidence suggesting that  a weapon other than the one alleged by the state was the murder weapon, and evidence of another individual's possible culpability
   
• Miranda claim based on information elicited from Mr. Greene despite his stated wish to remain silent as to the Arkansas murder
   
• Claim of mental retardation
   
• First Amendment claim under Dawson v. Delaware stemming from trial court's wrongful admission of t-shirt that read, "If you love someone, set them free. If they don't come back, hunt them down and shoot them."

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