May 30, 2008, 9:38PM
1940 ruling on gambling gets killer off death row
By ANDREW DEMILLO
Associated Press

LITTLE ROCK, ARK. — Arkansas' highest court ordered an inmate off of death
row on Thursday, citing a 1940 court decision that gave an escape clause from
an aggravated-robbery conviction to people trying to recover gambling losses.
Justices ordered a new sentencing hearing for Michael B. Daniels, who said he
was attempting to recover $20 he lost in a game of three-card monte when he
stabbed and killed James Williams, 52, on Jan. 8, 2006. Daniels said during
the trial that Williams had cheated in the game.
Justices cited a 68-year-old ruling that said someone couldn't be convicted
of aggravated robbery while trying to recover gambling losses. Aggravated
robbery was the underlying circumstance when a jury ordered Daniels to die for
Williams' death.
In the majority opinion, Associate Justice Robert Brown acknowledged that
some could argue the 1940 case was not in the public's interest, but said, "it
is nonetheless still good law in Arkansas." It was unclear whether the ruling
had been used to get anyone else off of Arkansas death row.
During the trial, Daniels' attorney admitted that his client stabbed Williams
in the head, chest and stomach with a Bowie knife. The attack was recorded
on surveillance video.
Prosecutors said there was no evidence that Williams cheated during the card
game.