Oral arg. – Miss.S.Ct. – Feb. 1, 2017

At 10:30 the Court will hear the death penalty appeal of Timothy Nelson Evans v. State. 

In 2009, Wenda Holling allowed Timothy Evans, a man she had once dated, to live with her.  When she got tired of paying for his alcohol (he was an alcoholic), they argued and on Jan. 2, 2010, he strangled her to death, took her body to a remote place, and began using her credit cards to pay for his alcohol and other needs.

He was eventually tried, convicted, and sentenced to death. On appeal he raises nine issues.  The first is whether the court erred in not conducting a competency hearing after Evans’ attorneys filed a motion for a competency evaluation and the court ordered that Evans be evaluated for competence to stand trial.  (Evans filed numerous pro se motions including one to terminate his attorneys mid-appeal).  He also raises issues having to do with the court’s not allowing counsel to voir dire jurors on whether their experiences with alcohol would affect their ability to consider evidence of Evans’ alcoholism, the inadvertent seating of a juror that the defense had stricken peremptorily, the fact that the jurors could not follow instructions (one of them approached and spoke to defense counsel against instructions; that juror was excused), etc.

evans-brief

state-of-miss-brief-evans

evans-reply-brief

Watch the argument here.

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