ERIC RANDALL NANCE

DOB: January 9, 1960
Race: White
Gender: Male

County of conviction: Hot Spring
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: October 11-18, 1993
Date of sentencing: March 31, 1994
Date of Execution:  November 28, 2005

Trial Counsel:

Phyllis Lemons

Legal status

Current proceedings:

Last judicial decision:

• Petition for cert denied, Nance v. Norris, 2005 WL 1388787 (2005).
   
• Denial of habeas affirmed by Nance v. Norris, 392 F.3d 284 (8th Cir. 2005), reh'g denied, March 8, 2005

Last counsel:

Walter Craig Lambert
Jenniffer Morris Horan
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 habeas affirmed by Nance v. Norris, 392 F.3d 294 (8th Cir. Dec. 10, 2004).
   
• Denial of post-conviction relief affirmed by Nance v. State, 4 S.W.3d 501 (Ark. 1999).
   
• Conviction and sentence affirmed on direct appeal by Nance v. State, 918 S.W.2d 114 (Ark.), cert. denied, 519 U.S. 847 (1996).
   
• Untimely notice of appeal accepted by Nance v. State, 891 S.W.2d 28 (Ark. 1995).
   
• Attorney ordered to accept responsibility for untimely notice of appeal and to file motion for court to accept appeal notwithstanding untimely notice. See Nance v. State, 891 S.W.2d 26 (Ark. 1994).

Significant legal issues:

• constitutional sufficiency of evidence of attempted rape underlying conviction of capital murder
   
• effectiveness of trial counsel in failing to investigate and present evidence that Mr. Nance was not guilty of attempted rape
   
• trial counsels' failure to adequately support their Ake motion for investigative and expert funds and assistance
   
• counsels' failure to object to victim's mother's recommendation of a death sentence during victim impact testimony
   
• counsels' failure to investigate and present evidence of Mr. Nance's mental health history

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