No. 22-7222

Ray Dansby v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2023-04-05
Status: Denied
Type: IFP
IFP
Tags: bias confrontation-clause criminal-procedure cross-examination due-process informant jailhouse-informant witness-impeachment
Key Terms:
HabeasCorpus
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether preclusion of cross-examination about an informant's propensity for bias violates the Confrontation Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED To secure Ray Dansby’s conviction and death sentence, the State relied heavily on the testimony of a jailhouse informant to whom Dansby purportedly confessed. The informant told the jury a highly aggravated and uncorroborated version of the crime. When the informant approached the police with his story, he had felony charges pending—indeed, he was jailed on those charges because he had refused to help the police apprehend another suspect. He went free shortly after informing on Dansby. At the time of Dansby’s trial, the felony charges remained unresolved, and the informant remained free on bond. In the months before Dansby’s trial, police picked up the informant twice—once for stabbing a bar patron. The informant was nonetheless allowed to remain free. The trial court precluded Dansby from crossexamining the informant about these matters or from introducing materials that would establish the informant’s favorable treatment after his arrests. The questions presented are: 1. Whether preclusion of cross-examination about an informant’s propensity for bias violates the Confrontation Clause. 2. Whether the Confrontation Clause entitles a criminal defendant to introduce extrinsic evidence to impeach a witness for bias. 3. Whether a state court adjudicates a federal constitutional claim on the merits when it cites no federal constitutional provision, no state constitutional provision parallel to the federal constitutional provision, and no case that interprets the federal constitutional provision. i PARTIES The caption contains the names of all parties. ii

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-19
Reply of petitioner Ray Dansby filed.
2023-05-05
Brief of respondent Dexter Payne, Director, Arkansas Division of Correction in opposition filed.
2023-03-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2023)
2023-01-25
Application (22A659) granted by Justice Kavanaugh extending the time to file until March 31, 2023.
2023-01-19
Application (22A659) to extend the time to file a petition for a writ of certiorari from January 31, 2023 to March 31, 2023, submitted to Justice Kavanaugh.

Attorneys

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