The amended petition was not verified by appellant, as required by Ark. R. Crim.
P. 37.1(c); because this is a death-penalty case, on May 25, 2006, this court issued a per
curiam opinion giving Howard fifteen days to file a properly verified petition. See
Howard v. State, ___ Ark. ___, ___ S.W.3d ___ (May 25, 2006) (per curiam). Howard
filed his supplemental record on June 8, 2006.
SUPREME COURT OF ARKANSAS
TIMOTHY L. HOWARD,
STATE OF ARKANSAS,
Opinion Delivered 06-29-06
AN APPEAL FROM THE CIRCUIT
COURT OF LITTLE RIVER COUNTY,
ARKANSAS, NO. CR97-105,
HONORABLE CHARLES A.
YEARGAN, CIRCUIT JUDGE
TOM GLAZE, Associate Justice
Appellant Timothy Howard was convicted of two counts of capital murder for the
deaths of Brian and Shannon Day, and one count of attempted capital murder for the
attempted killing of the Days’ infant son, Trevor. For these convictions, Howard received
two death sentences and a sentence of thirty years in prison. In a 4-3 opinion, this court
affirmed his convictions and sentences. See Howard v. State, 348 Ark. 471, 79 S.W.3d 273
(2002). Following this court’s decision, Howard filed a petition for postconviction relief
pursuant to Ark. R. Crim. P. 37.5 on March 21, 2003. Howard subsequently filed an
amended Rule 37.5 petition on April 12, 2004, raising eight grounds for relief. The Little
The medical examiner stated at the Rule 37 hearing that, although it did not
appear that Shannon was pregnant at the time of her death, unless she was in the very
early stages of pregnancy, he could not absolutely prove that she was not.
At trial, the State argued that the testimony regarding Shannon Day’s alleged
pregnancy was relevant to prove a sexual relationship between Howard and Shannon and
to demonstrate that there was a conflict between Howard and Brian Day — a contention
that could have provided a motive for the murders.
River Circuit Court held a hearing on Howard’s petition on December 20, 2004, and issue