Hulsey v. State, CR
| Decision Date | 09 June 1980 |
| Docket Number | No. CR,CR |
| Citation | 599 S.W.2d 729,268 Ark. 312 |
| Parties | DeWayne HULSEY, Petitioner, v. STATE of Arkansas, Respondent. 76-125. |
| Court | Arkansas Supreme Court |
The petitioner has filed a detailed petition for rehearing and supporting brief, devoted for the most part to a reargument of points already made. We find no merit in the petition, but two of the points call for some additional discussion.
First, petitioner insists that we have failed to follow Supreme Court decisions holding that a prospective juror's statement of "belief" that he would vote against the imposition of the death penalty is not a sufficient cause for his exclusion from a jury for cause. It is argued that Mrs. Creamer's statement that she "believed" that she would automatically vote against the death penalty was not a positive statement, in view of her voir dire examination as a whole.
We disagree. It seems perfectly clear that Mrs. Creamer did not at first understand that the jury would have a choice between the death penalty or life imprisonment. Instead, she thought that a finding of guilty would require the death sentence. Under that misapprehension, she stated that if she believed the defendant to be guilty she would vote for the death penalty, "but I just wouldn't want to vote for it." When, however, it was explained to her that the jury would have a choice, she said: "Oh." She then replied, in response to the question whether she would automatically vote against the death penalty regardless of the evidence: "I believe I would, yes, sir, because I don't want to take a life." There is no uncertainty in that reply, which gives a positive answer, "yes, sir," and adds the reason for her position.
Second, it is argued that if we reject without discussion the petitioner's various "constitutional" arguments, mentioned in our original opinion, then the petitioner has received ineffective assistance of counsel and must be permitted to amend his petition to seek relief on that ground.
[268 Ark. 315-B] No authority is cited for this argument, nor is any authority needed to answer it. Within the vague contours of "due process of law," every contention can be framed as a constitutional right. If, for example, hearsay testimony about an immaterial question is introduced without objection, it can be asserted that a conviction based upon such testimony is a denial of due process of law. In the case at bar counsel have had about three years since...
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Neal v. State, CR
... ... It is not meant to function as a substitute for appeal, as a method of review of mere error in the conduct of the trial, or as a second opportunity to petition for a rehearing. Hulsey v. State, 268 Ark. 312, 599 S.W.2d 729 (1980); Austin v. State, 264 Ark. 318, 571 S.W.2d 584; Clark v. State, 255 Ark. 13, 498 S.W.2d 657. It is not intended to permit the petitioner to again present questions which were passed upon on direct appeal. Hulsey v. State, supra. Nor does it permit a ... ...
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Woodard v. Sargent
... ... judgment of the District Court, which dismissed Woodard's petition, and remand this cause to it with directions to grant the writ unless the State of Arkansas, within such reasonable time as the District Court may fix, commences proceedings to retry Woodard before an impartial jury. 1 ... imposed in violation of the Constitution or laws of the United States or of this state or 'is otherwise subject to collateral attack.' " Hulsey v. State, 268 Ark. 312, 313, 595 S.W.2d 934, 935 (1980) (quoting Ark.R.Crim.P. 37.1). The Grigsby claim is based on the allegation that the ... ...
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Hulsey v. Sargent, Civ. No. PB-C-81-002.
...petition for rehearing and for amendment of the original petition. Hulsey v. State, 268 Ark. 312, 595 S.W.2d 934, reh'g denied, 268 Ark. 315, 599 S.W.2d 729, cert. denied, 449 U.S. 938, 101 S.Ct. 337, 66 L.Ed.2d 161 (1980). The state concedes that petitioner has exhausted his available stat......
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Hulsey v. Sargent, PB-C-81-2.
...Although the Arkansas Supreme Court in its opinion in Neal, which was delivered a few months after the decision in Hulsey v. State, 268 Ark. 312, 315, 599 S.W.2d 729 (1980),3 denying Mr. Hulsey a rehearing on his petition for relief under Rule 37, admonished the attorneys for not raising th......