Jerry Herron’s Conviction

OVERVIEW OF JERRY’S COURT CASE

Jerry Herron's legal journey through the Arkansas and federal court systems highlights significant procedural challenges and ongoing attempts to secure post-conviction relief. Despite numerous petitions and appeals, procedural defaults and jurisdictional issues have largely hindered his efforts.

The trial that ensued was marred by significant legal issues, including stealth juror misconduct and a coerced plea bargain. These injustices severely tainted the fairness of Jerry's trial, ultimately leading to his conviction and a life sentence. Once an individual enters the prison system, escaping it can become an extraordinarily difficult endeavor. The challenges are not merely about serving time but navigating a labyrinth of legal, bureaucratic, and social obstacles that can make reintegration into society seem almost impossible. Despite the severity of the sentence, Jerry has always maintained that his actions were in self-defense, a claim overshadowed by the trial's procedural errors.

APPEALS AND EFFORTS FOR JUSTICE

Over the years, Jerry has tirelessly pursued justice through every available legal channel. His appeals have highlighted the constitutional violations and procedural errors that plagued his original trial. Herron appealed his conviction in September 2004, leading to the appointment of new counsel. In May 2005, the Arkansas Supreme Court upheld his conviction. Subsequently, on August 10, 2005, Herron filed a Rule 37 petition, alleging ineffective assistance of counsel due to his lawyer's failure to request a manslaughter charge. This appeal was heard by the Arkansas Supreme Court on September 28, 2005, and on September 2, 2006, the court affirmed the trial court's denial of his petition due to a procedural error.

In July 2007, Herron filed a federal habeas corpus petition, which was dismissed as untimely. He continued to seek relief, including an attempt in October 2013 to file a successive habeas corpus petition. In March 2018, Herron introduced evidence of juror misconduct in a post-conviction relief report. He filed for habeas corpus and a new trial based on this misconduct in July 2018, but the petition was dismissed by Judge David Henry on December 3, 2018, although the motion for a new trial proceeded and was eventually denied.

In January 2019, the order denying a new trial was entered, but confusion over its finality delayed Herron's appeal. In September 2021, Herron moved to substitute his post-conviction counsel. The Judge denied his motion for a new trial in October 2021, and Herron filed a notice of appeal later that month. Procedural defaults complicated his case, and the Arkansas Supreme Court dismissed his appeal for lack of jurisdiction in December 2022. In August 2023, Herron sought to reinvest the circuit court with jurisdiction to consider a petition for writ of error coram nobis, which was denied in September 2023. In February 2024, he filed a motion for permission to file a successive habeas corpus petition, which was denied the next day.

SEEKING CLEMENCY

Jerry’s legal journey underscores the significant procedural challenges and ongoing attempts to secure post-conviction relief, with procedural defaults and jurisdictional issues largely hindering his efforts. Unfortunately, despite exhausting all avenues, Jerry has been unable to overturn his conviction or secure a new trial. His case exemplifies a severe miscarriage of justice, where significant judicial errors have gone uncorrected. 

Jerry has now exhausted any legal chance he has to get out of prison, except to seek clemency from our Honorable Governor Sarah Huckabee Sanders. Jerry seeks clemency and time commutation not to erase the past but to acknowledge his profound growth and rehabilitation. Clemency offers Jerry a chance to transform his life and contribute positively to society, advocating for a justice system that values rehabilitation and second chances. He has done some hard work and completed all the classes he has been able to take.