ANDREW SASSER

DOB: October 21, 1964
Race: African American
Gender: Male

County of conviction: Miller
Number of counts: 1
Race of victim:
Gender of victim: Female
Date of crime: July 12, 1993
Date of sentencing: March 3, 1994

Trial Counsel:

Charles Potter

Current proceedings:

• Motion for Certificate of Appealability pending in U.S. District Court, Western District of Arkansas, No. 4:00-cv-04036-HFB, (Harry F. Barnes, J.)

Last judicial decision:

• Motion to Alter or Amend Judgment Denied by District Court in Sasser v. Norris, 2007 WL 1159634 (April 18, 2007).

Current counsel:

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

Reported Opinions:

• Motion to Alter or Amend Judgment Denied by District Court in Sasser v. Norris, 2007 WL 1159634 (April 18, 2007).
   
• Petition for Writ of Habeas Corpus Denied in its entirety by State v. Norris, 2007 WL 63765 (Jan. 9, 2007).
   
• Following U.S. District Court's denial of habeas, Eighth Circuit granted appellant's motion to remand the petition to allow litigation of Mr. Sasser's Atkins claim and to assess whether such a claim has been exhausted in state court (unpublished orders dated Aug. 15, 2003, Mar. 9, 2004).
   
• Denial of post-conviction relief affirmed by Sasser v. State, 993 S.W.2d 901 (Ark. 1999).
   
• Sentence and conviction affirmed on direct appeal by Sasser v. State, 902 S.W.2d 773 (Ark. 1995).

Significant legal issues:

• claim of mental retardation under Atkins v. Virginia
   
• omission of actus reus element from attempted rape and kidnapping instructions (these offenses were predicates for felony murder), and trial counsel's failure to object to the instructions on this basis
   
• trial court's admission of previous rape offense for purpose of showing common scheme or modus operandi.

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