DARREL WAYNE HILL

Died from natural cause December 8, 2005

DOB: September 11, 1940
Race: White
Gender: Male

County of conviction: Montgomery
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: February 7, 1980
Date of sentencing: July 11, 1980

Trial Counsel:

William H. McKimm and Bob Keeter

Last judicial decision:

• Grant of Certificate of Appealability, June 29, 2005
   
• Denial of post-conviction relief affirmed by Hill v. State, 65 S.W.3d 408 (Ark. 2002).

Last counsel:

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

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

Reported Opinions:

• Denial of post-conviction relief affirmed by Hill v. State, 65 S.W.3d 408 (Ark. 2002).
   
• Conviction and sentence affirmed following earlier grant of habeas and retrial. Hill v. State, 962 S.W.2d 762 (Ark.), cert. denied, 525 U.S. 860 (1998).
   
• Appellant's request to withdraw appeal denied by Hill v. State, 940 S.W.2d 487 (Ark. 1997).
   
• Following retrial and death sentence, appeal remanded to trial court for competency evaluation, following defendant's request to withdraw appeal. Hill v. State, 917 S.W.2d 537 (Ark. 1996).
   
• Habeas corpus granted by Hill v. Lockhart, 824 F. Supp. 1327 (E.D. Ark. 1993), aff'd in part (as to sentencing phase) and rev'd in part (as to guilt phase) by Hill v. Lockhart, 28 F.3d 832 (8th Cir. 1994), cert. denied, 513 U.S. 1102 (1995).1995)
   
• Post-conviction relief denied by Hill v. State, 644 S.W.2d 282 (Ark. 1983).
   
• Conviction and sentence for capital murder affirmed, conviction for other offenses reversed, by Hill v. State, 628 S.W.2d 284 (Ark.), cert. denied, 459 U.S. 882 (1982).

Significant legal issues:

• prosecutor's comment, on closing argument at penalty phase, that three mitigation witnesses would not have been qualified to serve as jurors, as comment on those witnesses' religious beliefs
   
• denial of jury instruction that defendant would be ineligible for parole if sentenced to life imprisonment
   
• second sentencing jury's finding of "pecuniary gain" aggravating circumstance, which had not been found by previous jury, and court's refusal to give preclusive effect to earlier finding

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