No. 22-7124

Ricky Lee Scott v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Arkansas
Docketed: 2023-03-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation due-process first-degree-murder jury-instructions life-imprisonment state-procedural-default trial-error waiver
Key Terms:
DueProcess FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2023-04-28
Question Presented (AI Summary)

Whether petitioner's right to due process was violated

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW WHETHER PETITIONER SCOTT’S RIGHT TO DUE PROCESS OF LAW WAS VIOLATED WHEN HE WAS CONVICTED IN A JURY TRIAL OF FIRST-DEGREE MURDER AND SENTENCED TO LIFE IMPRISONMENT WITHOUT POSSIBILITY OF ELIGIBILITY FOR PAROLE WHERE JURORS WERE NOT INSTRUCTED BY THE TRIAL COURT ON THE NECESSARY ELEMENTS OF PROOF OF THIS OFFENSE, AND THE STATE COURTS HELD THAT HIS CHALLENGE TO THE CONVICTION RAISED AN ISSUE OF TRIAL ERROR WHICH WAS WAIVED WHEN NOT URGED ON DIRECT APPEAL i

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-05
Waiver of right of respondent Dexter Payne to respond filed.
2023-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2023)

Attorneys

Dexter Payne
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Ricky Lee Scott
J. Thomas Sullivan — Petitioner
J. Thomas Sullivan — Petitioner