{
  "id": 1875321,
  "name": "Willie Ray MACKEY v. STATE of Arkansas",
  "name_abbreviation": "Mackey v. State",
  "decision_date": "1986-06-16",
  "docket_number": "CR 86-48",
  "first_page": "265",
  "last_page": "266",
  "citations": [
    {
      "type": "official",
      "cite": "289 Ark. 265"
    },
    {
      "type": "parallel",
      "cite": "711 S.W.2d 462"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "280 Ark. 385",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "weight": 2,
      "year": 1983,
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      ]
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    {
      "cite": "285 Ark. 462",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1877693
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      "weight": 2,
      "year": 1985,
      "opinion_index": 0,
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        "/ark/285/0462-01"
      ]
    },
    {
      "cite": "286 Ark. 188",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8718812
      ],
      "weight": 2,
      "year": 1985,
      "opinion_index": 0,
      "case_paths": [
        "/ark/286/0188-01"
      ]
    },
    {
      "cite": "279 Ark. 307",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1746917
      ],
      "weight": 2,
      "year": 1983,
      "opinion_index": 0,
      "case_paths": [
        "/ark/279/0307-01"
      ]
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  "analysis": {
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    "sha256": "443fd0dc2aec8c27448fbed1180ee6cfb4daedd9c3d8570c1ba6a7612327eb37",
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  "last_updated": "2023-07-14T19:22:34.211418+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Willie Ray MACKEY v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "David Newbern, Justice.\nThe appellant was convicted of first degree murder by a \u201cdeath qualified\u201d jury. We affirmed. Mackey v. State, 279 Ark. 307, 651 S.W.2d 82 (1983). He petitioned us for permission to seek post conviction relief in the trial court pursuant to Ark. R. Crim. P. 37 on the ground that he had been denied due process because potential jurors who had expressed unwillingness to impose the death penalty had been excused and thus he was tried by a conviction prone jury rather than one composed of a true cross-section of persons in the community. We denied his petition for two reasons. First, it was an issue which could have been, but was not, raised at his trial in the Rule 37 petition, and, if proven, would not have voided the conviction. Second, we had repeatedly held that a so-called \u201cdeath qualified\u201d jury was not unconstitutional. Mackey v. State, 286 Ark. 188, 690 S.W.2d 353 (1985).\nThe appellant then sought to have his sentence set aside pursuant to Ark. Stat. Ann. \u00a7 43-2314 (Supp. 1985) on the basis that it had been imposed in an illegal manner, again claiming the sentence was invalid because it was imposed by a \u201cdeath qualified\u201d jury. The trial court denied the relief requested.\nWe affirm again. Even had this issue not been waived by failure to raise it at the trial level, we have consistently held that \u201cdeath qualified\u201d juries are not unconstitutional. See, e.g., Hendrickson v. State, 285 Ark. 462, 688 S.W.2d 295 (1985); Rector v. State, 280 Ark. 385, 659 S.W.2d 168 (1983). Our view of the matter has recently been upheld by the United States Supreme Court in Lockhart v. McCree, Case No. 84-1865, May 5, 1986.\nAffirmed.",
        "type": "majority",
        "author": "David Newbern, Justice."
      }
    ],
    "attorneys": [
      "Hurst Law Office, by: Q. Byrum Hurst, Jr., for appellant.",
      "Steve Clark, Att\u2019y Gen., by: Joel O. Huggins, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Willie Ray MACKEY v. STATE of Arkansas\nCR 86-48\n711 S.W.2d 462\nSupreme Court of Arkansas\nOpinion delivered June 16, 1986\nHurst Law Office, by: Q. Byrum Hurst, Jr., for appellant.\nSteve Clark, Att\u2019y Gen., by: Joel O. Huggins, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0265-01",
  "first_page_order": 291,
  "last_page_order": 292
}