Judge dismisses convicted killer's request - FOX13 News, WHBQ FOX 13

Judge dismisses convicted killer's request

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NEW ALBANY, MS (AP) -

A judge has dismissed the post-conviction arguments of death row inmate Marlon Howell convicted in the 2001 slaying of a newspaper carrier.

In 2008, the Mississippi Supreme Court allowed Howell to pursue post-conviction arguments that challenged the testimony of a prosecutor's witness, on whether he was denied an attorney to be present at a line-up and whether his attorney should have done a better job.

Circuit Judge Samac Richardson denied Howell's arguments in a ruling issued Monday.

An inmate uses a post-conviction petition to argue he has found new evidence -- or a possible constitutional issue -- that could persuade a court to order a new trial.

Howell was convicted in the death of newspaper carrier David Pernell during a robbery.

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