Judge denies new trial for Marlon Howell

Reported by: Mel Carlock
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Updated: 5/21/2013 10:27 am
NEW ALBANY, Miss. (WTVA) -- A central Mississippi judge has denied a new trial for a Tippah County man sentenced to die in the shooting death of a newspaper delivery man.

Circuit Court Judge Samac Richardson issued the ruling Monday over a post-conviction relief petition from Marlon Howell, 33, of Blue Mountain.

Howell was sentenced to die by lethal injection for the May 2000 shooting death of David Pernell, 61, of New Albany.

Pernell, a retired postal worker, was running a newspaper route at the time of the shooting.

The Mississippi Supreme Court later ordered a judge to hold an evidentiary hearing because Howell had challenged the testimony of one of the witnesses, whether he should have had an attorney present during a line up, and whether he had received effective legal counsel.

Judge Richardson was appointed as a special judge to conduct the hearing, which took place last month in New Albany.

In his ruling, Richardson says he found no inconsistency in the witness' testimony.

He also says Howell waived his right to an attorney the day before the lineup during an interview with investigators and had not been formally charged with capital murder when the lineup took place.

The ruling also states the judge found no fault in the way his attorney handled his case before or during the trial.

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