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FAIRCHILD v. NORRIS

No. 93-975.

861 S.W.2d 111 (1993)

314 Ark. 221

Barry Lee FAIRCHILD, Petitioner-Appellant, v. Larry NORRIS, Acting Director, Arkansas Department of Correction, Respondent-Appellee.

Supreme Court of Arkansas.

September 20, 1993.

Attorney(s) appearing for the Case

Herbert C. Rule II, Perlester Hollings-worth, Little Rock, Steven W. Hawkins, New York City, for petitioner-appellant.

John W. Walker, Little Rock, for Annual Review Committee of Arkansas, Amicus.

J. Winston Bryant, Atty. Gen., Little Rock, for respondent-appellee.

PER CURIAM.

We deny appellant's request for stay of execution. Appellant offers several legal arguments which essentially are based upon his being presumptively mentally retarded. The issue of whether appellant is mentally retarded has previously been rejected by United States District Judge G. Thomas Eisele in Fairchild v. Lockhart, 744 F.Supp. 1429 (1989). Judge Eisele decided appellant voluntarily, knowingly and intelligently...

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