No. 22-6951

Zachariah Marcyniuk v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2023-03-07
Status: Denied
Type: IFP
IFP
Tags: capital-punishment due-process habeas-corpus ineffective-assistance-of-counsel judicial-fairness judicial-misconduct peremptory-strikes procedural-default state-officials supervisory-powers
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether cause exists to excuse procedural default when state officials made misleading statements that hindered counsel's compliance with state's procedural rule

Question Presented (OCR Extract)

QUESTIONS PRESENTED In this capital habeas case, the Eighth Circuit decided important questions of federal law in a way that conflicts with relevant decisions of this Court and decisions of other Circuits and undermines public confidence in the impartiality of the federal judicial system, necessitating review by this Court: 1. Whether cause to excuse procedural default exists when a state officials made statements that were merely misleading—rather than outright false—that nonetheless hindered counsel’s compliance with state’s procedural rule, and counsel did not know and had no reason to believe that the statements were misleading, rendering the factual basis of his claim not reasonably available. 2. Whether a capital trial is fundamentally unfair when a significant part of peremptory strikes is made in secret, outside of the presence of the public, and without knowledge or participation of the defendant; the strikes are made based on gender; and the record is concealed by the court from subsequent counsel. 3. Whether the Supreme Court should exercise its supervisory powers to end the pattern of sua sponte rulings by the Eighth Circuit denying capital petitioners notice and a meaningful opportunity to dispute the grounds on which the appellate court denies them habeas relief. i

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-22
Reply of petitioner Zachariah Marcyniuk filed. (Distributed)
2023-05-08
Brief of respondent Dexter Payne, Director, Arkansas Division of Correction in opposition filed.
2023-03-17
Motion to extend the time to file a response is granted and the time is extended to and including May 8, 2023.
2023-03-16
Motion to extend the time to file a response from April 6, 2023 to May 8, 2023, submitted to The Clerk.
2023-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2023)
2022-12-19
Application (22A547) granted by Justice Kavanaugh extending the time to file until March 3, 2023.
2022-12-15
Application (22A547) to extend the time to file a petition for a writ of certiorari from January 2, 2023 to March 3, 2023, submitted to Justice Kavanaugh.

Attorneys

Dexter Payne
Nicholas Jacob BronniSolicitor General of Arkansas, Respondent
Nicholas Jacob BronniSolicitor General of Arkansas, Respondent
Zachariah Marcyniuk
John Charles WilliamsFederal Public Defender, Petitioner
John Charles WilliamsFederal Public Defender, Petitioner