Phillips Black

SCotty Gardner

Current Proceedings: Rule 37.5 State Post-Conviction Proceedings pending in circuit court.

Case Number: CR-16-194

Judge:

Demographic Information: White Male

Current Counsel:

Legal Status: Motion to dismiss Rule 37.5 petition filed 7/14/21.

Significant Legal Issues:

• Self-representation - Gardner claimed that the circuit court should have allowed him to represent himself. The court held that Gardner's request to proceed pro se wasn't unequivocal because he didn't make an attempt to establish that he wanted to represent himself

• Non-model "mercy" jury instruction - Gardner claimed that the circuit court erred in refusing to give his non-model jury instruction informing the jury that it had the option to extend mercy in assessing his punishment. The court held that the issue wasn't preserved for their review thus they can't address it

Last Judicial Decision Related to Conviction or Sentence: Gardner v. State, 598 S.W.3d 10 (Ark. 2020) (affirming conviction and death sentence on direct appeal), cert. denied, 141 S.Ct. 1082 (Jan. 11, 2021)

Reported Opinions:

• Gardner v. State, 598 S.W.3d 10 (Ark. 2020) (affirming conviction and death sentence on direct appeal), cert. denied 141 S.Ct. 1082 (Jan. 11, 2021).

Prior Counsel:

Conviction County: Faulkner

Counts:

Victim Demographic: White Female

Crime Date: 03/06/2016

Sentencing Date: 08/22/2018

Trial Counsel:

• Thomas Scott Brisendine

• Katherine Sanders Street

Trial Judge: Charles Edward Clawson Jr.

Trial Prosecutor:

• James Coy Hiland

• Carol Rebekah Crews