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Seal_of_the_Supreme_Court_of_ArkansasLittle Rock, Ark. — Convicted murderer Billy Green who won a new trial in an appeal before the Arkansas Supreme Court in 2004 lost his latest appeal before the Arkansas Court yesterday.
After his second trial held in May of 2012 Green is currently serving life without parole for his part in the murders of the Elliott Family of Dalton, Ark. . A family of four including two children were massacred on a stormy night in July 1998 over what was believed to be a drug deal gone bad. Billy Green’s son, Chad Green is also serving life without parole for his participation in the murders and kidnapping of the family’s young daughter, Felicia.

Billy Green

Billy Green

The state Supreme Court turned down Billy Green’s bid to file an appeal after the time to file the motion had expired under an exception to the rule provided by Section 37.2. Green contended that he had not received proper notice from the Randolph County Circuit Clerk in a timely fashion and that had delayed his filing an appeal, and he would be allowed an extension under Section 37.2
The Supreme Court found that Green did not comply with the time period for filing the appeal and so did not qualify for filling a belated appeal.
Green was seeking to be allowed a post conviction appeal on the grounds that his attorney was ineffectual and sought to obtain the appointment of a new attorney but his appeals were denied on his failure to comply with procedures. His original appeal of April 3, 2014.was denied on the grounds that it contained too many pages. Both that and the Aug. 11, 2014 appeal were denied on his failure to file in a timely fashion.
Yesterday’s action by the Supreme Court was the latest chapter by what has been described by Henry Boyce, the prosecutor in the case, as an “odyssey of legal battles, twists and turns for almost 12 years. Boyce said, “We began this prosecution six months after I took office. Green and his son had been on the loose five years prior to that. I am proud to say that we were able to take them off the street back then, and I am now glad to say that they will now both spend the rest of their lives in prison.”.
Green, who succeeded in getting his first conviction which carried the death penalty overturned in 2004 made no headway with the Arkansas Supreme Court this time around.
To view Boyce’s and the state Supreme Court’s full statements, click Billy Green loses another appeal 5-12-15.
Billy Green is serving his sentence at the Varner facility with the Arkansas Department of Corrections.
Caroll Lucas

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