TIMOTHY WAYNE KEMP

DOB: August 4, 1960
Race: White
Gender: Male

County of conviction: Pulaski
Number of counts: 4
Race of victim: White/white/white/white
Gender of victim: Male/Male/Male/Female
Date of crime: October 4, 1993
Date of sentencing: December 2, 1994

Trial Counsel:

Jeff Rosenzweig

Judy Rudd

Willard Proctor (at re-sentencing only)

Current proceedings:

• State court proceedings

Last judicial decision:

• ORDER granting petitioner's motion to stay proceedings and hold in abeyance pending exhaustion of state remedies, January 12, 2004. (Wilson, J.).
   
• Habeas petition pending in U.S. District Court, E.D. Ark., Case No. 5:03-CV-55 (before Wilson, J.).

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

Reported Opinions:

• Denial of post-conviction relief affirmed, after remand, by Kemp v. State, 74 S.W.3d 224 (Ark. 2002).
   
• Denial of post-conviction relief vacated and remanded by Kemp v. State, 60 S.W.3d 404 (Ark. 2001).
   
• Death sentence affirmed on three remaining counts affirmed on direct appeal following earlier vacating of sentences. See Kemp v. State, 983 S.W.2d 383 (Ark. 1998), cert. denied, 526 U.S. 1073 (1999).
   
• On initial direct appeal, conviction and sentence affirmed as to one count, conviction affirmed but sentenced reversed and remanded as to remaining three counts by Kemp v. State, 919 S.W.2d 943 (Ark.), cert. denied, 519 U.S. 982 (1996).

Significant legal issues:

• trial counsel's failure to investigate and present evidence of Mr. Kemp's mental health history (including PTSD, depression and frontal lobe dysfunction), alcoholism, and history of child abuse and prenatal exposure to alcohol
   
• Mr. Kemp's representation by trial counsel in state post-conviction proceedings
   
• Mills v. Maryland claim based on trial court's refusal to instruct jurors that mitigating factors need not be found unanimously

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