No. 21-7998

Lamar Daniel Ron Wilson v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2022-05-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: charging-instrument constitutional-violation criminal-procedure double-jeopardy due-process felony-information indictment ineffective-counsel plea-agreement
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (AI Summary)

Plea-agreement-as-sole-evidence-for-conviction

Question Presented (OCR Extract)

No question identified. : | ISSUES 1. Isa plea agreement, the statement of the accused, “I did it.”, the sole piece of information necessary to convict? Specifically, is felony information and indictments/ charges not necessary? 2. U.S. Constitutional Amendment violations A) 4" & 14": Is it proper due process to convict, twice even, without felony information and a , valid charging instrument/ indictment? B) 5": In reference to this Court’s previous decisions in Ball v U.S. and Benton v Maryland, is a new trial double jeopardy despite a previous acquittal (set aside) of the same conviction? C): 6": In the event of no valid charging instrument(s), and no supporting information on file, is there an accusation to be answered to? 3. Ineffective counsel ‘ A) Is it in the best interests of the defendant for trial, as effective counsel, to refuse to move for a directed verdict at trial knowing full well prosecution has presented no evidence to establish even . constructive guilt? Or rather, to pursue the continuing conviction of the accused prior to a preliminary hearing for a new trial knowing full well no charges/ indictments and no evidence has been presented at any time? 7 |

Docket Entries

2023-01-09
Rehearing DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-10-22
Petition for Rehearing filed.
2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Waiver of right of respondent Dexter Payne to respond filed.
2022-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2022)

Attorneys

Dexter Payne
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Lamar Wilson
Lamar Daniel Ron Wilson — Petitioner