No. 18-9189

Vernell Conley v. Wendy Kelley, Director, Arkansas Department of Correction

Lower Court: Arkansas
Docketed: 2019-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure double-jeopardy drug-offense due-process evidence hicks-v-oklahoma jury jury-trial sentencing
Key Terms:
DueProcess HabeasCorpus CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the refusal to order re-sentencing on the remaining conviction, limited to evidence supporting that conviction, violate Conley's right to due process of law in view of Hicks v. Oklahoma, 447 U.S. 343 (1980)?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW PETITIONER WAS CONVICTED OF THREE DRUG OFFENSES AND SENTENCED BY THE JURY TO A TOTAL TERM OF 90 YEARS. THE ARKANSAS SUPREME COURT FOUND INSUFFICIENT EVIDENCE SUPPORTING TWO CONVICTIONS, WHICH THE COURT REVERSED, LEAVING INTACT HIS CONVICTION ON THE REMAINING COUNT, ON WHICH HE HAD BEEN SENTENCED TO 60 YEARS IN PRISON. ALTHOUGH THE JURY IMPOSED THE ORIGINAL SENTENCES IN A JOINT PROCEEDING IN WHICH = IT CONSIDERED THE EVIDENCE ON ALL THREE COUNTS IN SETTING CONLEY’S PUNISHMENT, THE ARKANSAS SUPREME COURT REFUSED TO ORDER RE-SENTENCING LIMITED TO EVIDENCE ON THE REMAINING CONVICTION. DID THE REFUSAL TO ORDER RE-SENTENCING ON THE REMAINING CONVICTION, LIMITED TO EVIDENCE SUPPORTING THAT CONVICTION, VIOLATE CONLEY’S RIGHT TO DUE PROCESS OF LAW IN VIEW OF HICKS v. OKLAHOMA, 447 U.S. 343 (1980)? i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-05
Waiver of right of respondent Wendy Kelley, Dir., AR DOC to respond filed.
2019-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)

Attorneys

Vernell Conley
J. Thomas SullivanAttorney at Law, Petitioner
Wendy Kelley, Dir., AR DOC
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent