No. 20-7133

Anthony Reed v. Dexter Payne, Director, Arkansas Division of Correction

Lower Court: Eighth Circuit
Docketed: 2021-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-amendment criminal-procedure due-process fourteenth-amendment grand-jury habeas-corpus prosecutorial-discretion structural-defects
Key Terms:
DueProcess
Latest Conference: 2021-04-01
Question Presented (from Petition)

1. Authority to File
The Arkansas Constitutional Amendment No. 21 States:
Section 1. Prosecution by indictment or Information - all offenses
heretofore required to be prosecuted by indictment may be prosecuted
either by indictment by a grand jury or information filed by the
Prosecuting Attorney.

2. Fourteenth Amendment Right to Due Process.
Habeas relief is automatically granted for structural defects.

Question Presented (AI Summary)

Whether the Arkansas Constitutional Amendment No. 21 violates the Fourteenth Amendment's due process clause by allowing prosecution by information rather than indictment

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-12
Waiver of right of respondent Dexter Payne, et al. to respond filed.
2021-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Anthony Reed
Anthony Reed — Petitioner
Dexter Payne, et al.
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent