FAYETTEVILLE -- A man serving a life sentence for his part in the 2006 murder of a Little Flock man in Lowell will be allowed to continue pursuing a federal appeal.
Daniel Francis was killed May 6, 2006, by a gunshot to the back of the head. Francis was a passenger in a car at Bloomington Street and Pleasant Grove Road in Lowell when he was shot.
Serafin Sandoval-Vega fired the fatal gunshot from the back seat of a car driven by Manuel Enrique Camacho.
Sandoval-Vega pleaded guilty to capital murder and was a given life sentence in 2008. Camacho pleaded guilty to being an accomplice to capital murder and was also sentenced to life in prison.
Camacho didn't file a direct appeal of his case to the Arkansas Supreme Court, but later filed a federal appeal that was ruled to have been time-barred because it was filed 18 days past the deadline.
The 8th U.S. Circuit Court of Appeals ruled Wednesday that Camacho's appeal was filed in time because the lower court miscalculated the filing period. Prisoners generally have one year to file federal appeals. For state prisoners that period begins on the date the judgment becomes final. In Camacho's case the judgment became final on the expiration date for filing a state appeal.
The case was remanded for further proceedings.
Camacho argues his conviction should be vacated because physical and mental health issues at the time of the plea agreement in Benton County Circuit Court prevented him from fully helping with his defense.
He also argues he should have had a Spanish-language translator present at his change-of-plea hearing. Translators had been present at some prior meetings with his attorneys, according to the petition.
Camacho wants an evidentiary hearing to review his claims in federal court.
NW News on 01/22/2015