Howell v. Hodge, No. 10-5493 (6th Cir. 2013)
Annotate this CaseIn 1997, Howell, then 17, and five friends left Kentucky, taking guns and a rickety car. At a rest stop in Tennessee, Lillelid, approached the group, sharing his religious views. Risner displayed a gun, directed the Lillelid family to their van even though Lillelid offered his keys and wallet. Risner, still armed, Howell, and others rode with the Lillelids to a secluded road where the Lillelids and their children were shot. Only two-year-old Peter survived, but lost an eye. When they were caught in Arizona, the group had the Lillelids’ possessions. All pled guilty in adult court in exchange for withdrawal of death-penalty requests and for certainty about other punishments. Howell received three life sentences without the possibility of parole and 25 years for attempted murder, each to be served consecutively, plus 25 years for especially aggravated kidnapping, 12 years for aggravated kidnapping and four years for theft, to run concurrently. State courts rejected Howell’s post-conviction petition, alleging ineffective assistance of counsel based on her attorney’s failure to insist that she undertake a psychological evaluation The Tennessee Supreme Court held that, although the attorney had performed deficiently, Howell could not show prejudice. The federal district court rejected her habeas petition. The Sixth Circuit affirmed.
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