Appeals Court upholds conviction in Jackson County murder case

Published 7:41 pm Wednesday, November 29, 2006

The state Court of Appeals on Tuesday upheld the life sentence given to Henry Lonzo Boone III, who was convicted of capital murder in the 2002 shooting death of his father.

Boone was convicted in 2004 in Jackson County of killing 79-year-old Henry Lonzo Boone Jr. Boone Jr. died in November 2002 from a single gunshot to the head.

Defense attorneys had argued that because Boone’s trial took place 21 months after the defendant’s arrest, Boone III was denied his constitutional right to a speedy trial.

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The Appeals Court rejected that argument and others raised by Boone on appeal.

Appeals Judge William H. Myers, writing Tuesday for the court, said Boone did not argue that there was a violation of the speedy trial law but only that the judge failed to grant his motion to dismiss the charges.

Myers said it was about 522 days between Boone’s arrest and his trial. Myers said part of the delay occurred because of processing of evidence through the state crime lab. He said there was one continuance in the case agreed to by prosecutors and the defense.

Myers said Boone offered no evidence that the delays did him any harm.