JACK Green

Current Proceedings: Post-cert. Challenge to AR competency to be executed statute as unconstitutional pending in state court. Entry of Appearance filed in Circuit Court 03/30/20.

Case Number: 35CV-17-738

Judge: Dennis

Demographic Information: White Male

Current Counsel:

John Charles Williams Federal Public Defenders Office The Victory Building 1401 West Capitol Avenue, Suite 490 Little Rock, AR 72201 501.324,6114 (tel.)

Scott Braden Federal Public Defenders Office The Victory Building 1401 West Capitol Avenue, Suite 490 Little Rock, AR 72201 501.324.6114 (tel.) Email: Scott_Braden@fd.org

 

Legal Status: Second amended complaint concerning constitutionality of competency to be executed statute filed 08/23/19. State filed notice of removal. The District Court for the ED of AR granted Greene's motion to remand back to state court. Greene v. Kelley, 2019 WL 5608834 (Oct. 30, 2019).

Significant Legal Issues:

  • Ineffective assistance of trial counsel for failing to present live testimony in penalty phase instead of transcripts, for failing to object to: prosecutor closing arguments; court’s improper interpretation of Arkansas law; testimony from medical examiner and; introduction of Greene’s T-shirt that read "If you love someone, set them free. If they don't come back, hunt them down and shoot them." See Greene v. State, 146 S.W.3d 871 (Ark. 2004)

  • Greene is not competent to be executed, based on mental illness that has gotten worse after twenty-five years in solitary confinement awaiting execution. See Greene's Second Amended Complaint (8-23-2019)

  • 14th amendment challenge to -- Arkansas competency statute because it: “fails to provide an adequate process by which to adjudicate competence, continues to house the competence determination in the executive branch, and fails to permit any judicial review.” Ark Code Ann. §16-90-506(d)(1). The statute violates Greene’s due-process rights under the US and Arkansas Constitutions by giving the Director of the Arkansas Department of Corrections the sole discretion to determine whether a prisoner is competent to be executed and it violates the separation-of-powers provision of the Arkansas Constitution because it deprives the courts of the power to make a competency determination. See Greene's Second Amended Complaint (8-23-2019).

Last Judicial Decision Related to Conviction or Sentence: Greene v. Kelley, 2018 WL 5668890 (Nov. 1, 2018), reh'g denied (Dec. 20, 2018) (reversing Circuit Court's dismissal of 2017 complaint challenging constitutionality of state competency to be executed statute).

Reported Opinions:

  • Greene v. Kelley, 2019 U.S. Dist. LEXIS 189168 (E.D. Ark. Oct 30 2019).

  • Greene v. Kelley, 2018 Ark. LEXIS 342 (Dec 20 2018).

  • Greene v. Kelley, 2018 Ark. 316 (Nov. 1 2018).

  • Greene v. State, 146 S.W.3d 871 (Ark. 2004).

  • Greene v. Arkansas, 534 U.S. 858 (2001).

  • Greene v. State, 37 S.W.3d 579 (Ark. 2001).

  • State v. Greene, 1 S.W.3d 442 (Ark. 1999).

  • Greene v. State, 977 S.W.2d 192 (Ark 1998).

  • Greene v. State, 949 S.W.2d 894 (Ark. 1997).

  • Greene v. State, 941 S.W.2d 428 (Ark. 1997).

  • Greene v. State, 939 S.W.2 834 (Ark. 1997).

  • Greene v. State, 933 S.W.2d 392 (Ark. 1996).

  • Greene v. State, 929 S.W.2d 157 (Ark. 1996).

  • Greene v. State, 1996 Ark. LEXIS 427.

  • Greene v. State, 1996 Ark. LEXIS 247.

  • Greene v. State, 878 S.W.2d 384 (Ark. 1994).

  • Greene v. State, 1993 Ark. LEXIS 512.

Prior Counsel:

  • Jennifer Horan

  • Josh Lee

  • Scott Braden

  • John Charles Williams

Conviction County: Johnson

Counts:

Victim Demographic:

Crime Date: 07/23/1991

Sentencing Date: 10/15/1992

Trial Counsel:

J.M. Holman (first trial); Steve Jackson, David Gibbons (second/third trial)

Trial Judge:

Trial Prosecutor: