JIMMY DON WOOTEN

DOB: June 10, 1962
Race: White
Gender: Male

County of conviction: Pope
Number of counts: 1
Race of victim: White
Gender of victim: Male
Date of crime: August 5, 1994
Date of sentencing: February 17, 1995

Trial Counsel:

David L. Gibbons

Current proceedings:

• Certificate of Appealability granted on ineffective assistance of counsel claim in U.S. Dist. Ct. E.D. Ark. Case No. 03-370.

Last judicial decision:

• Denial of Motion to Alter or Amend Judgment (Nov. 8, 2006). U.S.D.C. E.D. Ark. Case No. 03-370.

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

E. Alvin Schay
The Lafayette Building
523 South Louisiana, Suite 550
Little Rock, AR 72201
(501) 376-7000

Reported Opinions:

• Denial of Motion to Alter or Amend Judgment (Nov. 8, 2006). U.S.D.C. E.D. Ark. Case No. 03-370.
   
• Denial of habeas petition in U.S. District Court, E.D. Ark., Case No. 5:03-CV-370 (Wright, J.).
   
• Denial of post-conviction relief affirmed after earlier remand by Wooten v. State, 91 S.W.3d 63 (Ark. 2002).
   
• Denial of post-conviction relief reversed and remanded for further findings by Wooten v. State, 1 S.W.3d 8 (Ark. 1999).
   
• Conviction and sentence affirmed on direct appeal by Wooten v. State, 931 S.W.2d 408 (Ark. 1996), cert. denied, 519 U.S. 1125 (1997).

Significant legal issues:

• trial counsel's failure to investigate and present mitigating evidence concerning Mr. Wooten's mental health and life history, including low birth weight, special education placement, and father's alcoholism and abuse of spouse and children
   
• claim of mental retardation under Atkins v. Virginia
   
• Simmons claim based on the trial court's failure to correctly inform the jury that Mr. Wooten would be ineligible for parole if given a life sentence

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