LEDELL LEE

DOB: July 31, 1965
Race: African American
Gender: Male

County of conviction: Pulaski
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: February 9, 1993
Date of sentencing: October 16, 1995

Trial Counsel:

Brett Quals
Bill Simpson
Dale Adams

Current proceedings:

• On remand to circuit court for new Rule 37 proceeding.
   
• Federal habeas stayed pending exhaustion of state remedies on due process claim stemming from conduct of state PCR counsel.

Last judicial decision:

• Arkansas Supreme Court recalls mandate and remands to the Circuit Court for new rule 37 proceeding.  Lee v. State, ___ S.W.3d ___, 2006 WL 1779508 (June 26, 2006).

Current counsel:

Deborah Ruth Sallings
11001 Executive Center Dr., Suite 200
Little Rock, AR 72221
501-312-8500

Kent E. Gipson
Public Interest Litigation Clinic
305 East 63rd Street
Kansas City, MO  64113
816-262-2795
kgipson@pilc.net

Current counsel on remand of Rule 37 proceedings:

Danny Glover
705 E. Canal Street
Wynne, Arkansas
870-238-2348

Gerald Coleman
Durrett and Coleman
105 North Avalon
P O Box 1667
West Memphis, AR  72303
870-735-3735

Reported Opinions:

• Arkansas Supreme Court recalls mandate and remands to the Circuit Court for new rule 37 proceeding.  Lee v. State, ___ S.W.3d ___, 2006 WL 1779508 (June 26, 2006).
   
• Affirmance of U.S. District Court's decision to stay Mr. Lee's petition and hold the matter in abeyance pending exhaustion of possibly remaining state court remedies.  Lee v. Norris, 354 F.3d 846 (8th Cir. 2004) (rehearing denied Mar. 11, 2004).
   
• Denial of post-conviction relief affirmed by Lee v. State, 38 S.W.3d 334 (Ark. 2001).
   
• Conviction and sentence affirmed on direct appeal by Lee v. State, 942 S.W.2d 231 (Ark.), cert. denied, 522 U.S. 1002 (1997).

Significant legal issues:

• conflict of interest stemming from Mr. Lee's pending lawsuits and ineffectiveness proceedings against attorneys Simpson and Quals stemming from three separate criminal cases (the resulting convictions of which were used as aggravating circumstances), and trial judge's refusal to relieve these attorneys of service
   
• trial counsels' refusal to call alibi witnesses at Mr. Lee's request, when such witnesses had been presented at an earlier trial that resulted in a hung jury, and even though counsel promised in opening statement that alibi evidence would be presented
   
• police crime lab's destruction of evidence from which blood was taken and analyzed, thereby preventing further analysis by the FBI
   
• trial judge's ongoing extramarital affair with prosecuting attorney, and failure to disclose this affair or recuse
   
• possible claim of mental retardation

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