NO. ___________ (CAPITAL CASE) IN THE ____________ ALAN DALE WALKER., PETITIONER, V. STATE OF MISSISSIPPI, RESPONDENT. ____________ ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF MISSISSIPPI ____________ PETITION FOR A WRIT OF CERTIORARI ____________ James W. Craig David P. Voisin Counsel of Record P.O. Box 13984 Hannah A. Lommers-Johnson Jackson, MS 39236 RODERICK & SOLANGE (601) 949-9486 MACARTHUR JUSTICE CENTER
[email protected] 4400 S. Carrollton Ave. New Orleans, LA 70119 (504) 620-2259
[email protected] [email protected] Counsel for Alan Dale Walker QUESTIONS PRESENTED (CAPITAL CASE) Counsel for Petitioner Alan Walker admitted he did not prepare for a potential capital murder penalty phase because of his mis-placed confidence that Walker’s co- indictee would not testify against him. On the weekend before trial, the co-indictee reached a deal with the state, leaving trial counsel with no option but to “humanize” his client with the witnesses who were available: Walker’s mother, half-sister, half- brother, and employer. Counsel had not sought investigative or expert assistance save a self-serving motion for a competency evaluation ten days before trial. He stated on the record he had no basis for the motion and that he wanted to protect himself from an ineffectiveness claim. In successive post-conviction proceedings permitted under Mississippi law, new counsel for Walker presented mitigation evidence of a childhood saturated with sexual dysfunction and exposure to sexual abuse, including blatant incest on the part of his step-father and the molestation of Walker and his brother by older teenage girls.