Eddie Lee Howard, Jr. v. State of Mississippi
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Serial: 166593
IN THE SUPREME COURT OF MISSISSIPPI
No. 2010-DR-01043-SCT
EDDIE LEE HOWARD, JR.
Petitioner
v.
STATE OF MISSISSIPPI
Respondent
CORRECTED ORDER
This matter came before the Court en banc on Eddie Lee Howard’s Request for PostConviction DNA Testing and Motion for Post-Conviction Relief. The State has filed a
response to the request and Howard has filed a reply to that response. Howard requests DNA
testing of biological evidence and Howard contends that he has newly discovered evidence
and seeks post-conviction collateral relief.
After due consideration, the Court finds that Howard’s request for DNA testing should
be granted. Miss. Code Ann. § 99-39-11(3) (Supp. 2010). This matter should be remanded
to the Circuit Court of Lowndes County to proceed pursuant to Section 99-39-11(4) of the
Mississippi Code regarding locating items of biological evidence to be tested. The circuit
court should determine which laboratory or laboratories will conduct the testing pursuant to
Section § 99-39-11(5) of the Mississippi Code. The circuit court should determine who will
pay for the testing. Miss. Code Ann. § 99-39-11(6), (7) and (8). The circuit court may enter
such other orders as may be appropriate pursuant to Sections 99-39-11(9) and (10) of the
Mississippi Code. The Court further finds that all other issues raised by Howard, including
his claims of newly discovered evidence, should be dismissed without prejudice to be refiled
with the DNA test results.
IT IS THEREFORE ORDERED that Eddie Lee Howard’s Request for PostConviction DNA Testing and Motion for Post-Conviction Relief is hereby granted in part
and dismissed without prejudice in part. Howard’s request for DNA testing is hereby
granted. This matter is remanded to the Circuit Court of Lowndes County to proceed as
herein directed.
IT IS FURTHER ORDERED that all other issues raised by Howard, including his
claims of newly discovered evidence, are hereby dismissed without prejudice to be refiled
with the DNA test results.
IT IS FURTHER ORDERED that this order be published. The Clerk of this Court
shall spread this order upon the minutes of the Court and shall forthwith forward a true
certified copy hereof to West Publishing Company for publication as soon as practical in the
advance sheets of the Southern Reporter, Third Series (Mississippi Edition).
SO ORDERED, this the
2nd
day of December, 2010.
/s/ William L. Waller, Jr.
WILLIAM L. WALLER, JR., CHIEF JUSTICE
FOR THE COURT
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