DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193006P.pdf 08/25/2022 Ray Dansby v. Dexter Payne
U.S. Court of Appeals Case No: 19-3006
and No: 19-3105
U.S. District Court for the Western District of Arkansas - El Dorado
[PUBLISHED] [Colloton, Author, with Grasz and Kobes, Circuit Judges]
Prisoner case - Habeas - Death Penalty. For the court's prior opinion
vacating dismissal of two of Dansby's claims and remanding the matter for
further consideration, see Dansby v. Hobbs, 766 F.3d 809 (8th Cir. 2014).
On remand, the district court denied relief with respect to Dansby's
murder convictions, but granted relief from the death sentence and ordered
the state to stipulate to a sentence of life imprisonment. Both sides
appeal. The Arkansas Supreme Court's decision concerning the scope of
cross-examination of a government witness did not contravene or
unreasonably apply Supreme Court precedent by concluding that the balance
struck by the trial court was permissible under the Sixth Amendment, and
Dansby's Confrontation Clause claim did not merit relief; with respect to
Dansby's Brady claim, the claim is procedurally defaulted, and Dansby
showed neither cause nor prejudice to overcome the default; the grant of
relief with respect to the sentence of death is reversed, and the case is
remanded with directions to dismiss Dansby's second amended petition for a
writ of habeas corpus.