Howell v. Mississippi
Annotate this CaseMarlon Howell was convicted of capital murder and sentenced to death. On direct appeal, the Mississippi Supreme Court affirmed. Howell then sought post-conviction relief (PCR), claiming he was entitled to a new trial. The Court granted Howell’s petition for PCR in part, holding that he was entitled to an evidentiary hearing on certain delineated issues. The trial court held the evidentiary hearing and, finding no merit in the issues, denied Howell’s request for a new trial. Howell appealed. Howell’s claims regarding recanted testimony and witness statements were without merit, and the Supreme Court concluded the trial court did not err in denying his motion for a new trial. Howell was not under arrest for capital murder at the time of a police lineup, and he was not entitled to counsel at the pre-indictment lineup (even if Howell had been entitled to counsel, the failure to provide counsel during the lineup would have been harmless error because the lineup was not suggestive, and the witness' identification was reliable). Howell’s claims about Attorney General Hood participating in his trial lacked merit, and the trial court did not err in allowing him to participate. And finally, the Supreme Court concluded the trial judge did not err in denying Howell’s motion to supplement the record with new evidence after the evidentiary hearing.
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