JUSTIN ANDERSON

Current Proceedings: State PCR Denied: Arkansas Supreme Court denied motion to reconsider previous denial of petition for rehearing (05/10/21).

Case Number: CR-06-29

Judge:

Demographic Information: Black Male

Current Counsel:

John Charles Williams Eastern District of Arkansas Public Defender 504.324.6113 (tel.)

Legal Status: Petition for Certiorari from Eighth Circuit habeas denial, denied 10/05/20.

Significant Legal Issues:

  • IAC of trial counsel for failure to present expert testimony on biological limitations of the teenage brain, for failure to identify PTSD, despite ample evidence of childhood abuse, and for failure to identify FASD and request neuropsychological testing, despite obvious symptoms and knowledge that Anderson's mother drank heavily around the time of his birth.

  • IAC of trial counsel for presenting jury with report that said Anderson had been on death row since 2001, which undermined the jury's sense of responsibility for its verdict because it alerted the jury to the fact that a different jury had already sentenced Anderson to death.

  • Jury was erroneously instructed to weigh victim impact evidence as an aggravating factor.

  • Anderson's youth at time of offense and serious mental illness categorically exempt him from the death penalty.

Last Judicial Decision Related to Conviction or Sentence: Anderson v. Kelley, 938 F.3d 949 (8th Cir. Sept. 11, 2019) (rehearing and rehearing en banc denied Oct 25, 2019) (affirming denial of federal habeas relief), cert. denied Anderson v. Payne, 141 S.Ct. 273 (Mem) (2020)

Reported Opinions:

  • Anderson v. Kelley, 2019 U.S. App. LEXIS 32278 (8th Cir. Oct 25, 2019)

  • Anderson v. Kelley, 938 F.3d 949 (8th Cir. Sept 11 2019)

  • Anderson v. Kelley, 2017 U.S. Dist. LEXIS 48268 (E.D. Ark. Mar 2017)

  • Anderson v. Hobbs, 2014 U.S. Dist. LEXIS 153950 (E.D. Ark. Oct 2014)

  • Anderson v. Hobbs, 2014 U.S. Dist. LEXIS 120885 (E.D. Ark. Aug 26, 2014)

  • Anderson v. Hobbs, 2013 U.S. Dist. LEXIS 188589 (E.D. Ark. Dec 2, 2013)

  • Anderson v. State, 385 S.W.3d 783 (Ark. 2011)

  • Anderson v. State, 2010 Ark. 375 (Ark 2010)

  • Anderson v. State, 2010 Ark. 138 (Ark. 2010)

  • Anderson v. Arkansas, 551 U.S. 1133 (2007)

  • Anderson v. State, 242 S.W.229, (Ark. 2006)

  • Anderson v. State, 163 S.W.3d 333 (Ark. 2004)

  • Anderson v. State, 2003 Ark. App. LEXIS 161

Prior Counsel:

  • Joshua Lee

  • John Charles Williams

Conviction County: Lafayette

Counts:

Victim Demographic:

Crime Date: 10/12/2000

Sentencing Date: 01/31/2002

Trial Counsel: Latrece E. Gray and Llewellyn J. Marczuk

Trial Judge: Haltom

Trial Prosecutor: