Mackey v. State

Supreme Court of Arkansas

Mackey v. State

690 S.W.2d 353, 286 Ark. 188, 1985 Ark. LEXIS 2037

CourtSupreme Court of Arkansas

DecidedJune 3, 1985

DocketCR 85-83

StatusPublished

Cited by4 cases

This text of 690 S.W.2d 353 (Mackey v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mackey v. State, 690 S.W.2d 353, 286 Ark. 188, 1985 Ark. LEXIS 2037 (Ark. 1985).

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Opinion

Per Curiam.

Petitioner Willie Ray Mackey was charged with capital felony murder and found guilty by a jury of first degree murder. He was sentenced to life imprisonment in the Arkansas Department of Correction. We affirmed. Mackey v. State, 279 Ark. 307, 651 S.W.2d 82 (1983). Petitioner now seeks permission to proceed in circuit court for postconviction relief pursuant to Ark. R. Crim. P. 37. The sole ground for relief is that he was denied a fair trial as guaranteed by the Constitution of the United States because the jury at his trial was “death qualified.”

This Court has held that death-qualified juries are constitutional. Rector v. State, 280 Ark. 385, 659 S.W.2d 168 (1983); Hendrickson v. State, 285 Ark. 462, 688 S.W.2d 295 (1985). Even if we had not so held, petitioner is not entitled to raise the issue now for the first time. An issue which could have been raised at trial and on the record on direct appeal in accordance with the controlling rules of procedure is considered waived, unless it presents a question so fundamental as to render the judgment void. Hill v. State, 278 Ark. 194, 644 S.W.2d 282; Collins v. State, 271 Ark. 825, 611 S.W.2d 182 (1981); Moore v. Illinois, 408 U.S. 786 (1972); Stembridge v. Georgia, 343 U.S. 541 (1952); Hulsey v. State, 268 Ark. 312, 595 S.W.2d 934, reh. denied, 268 Ark. 315, 599 S.W.2d 729 (1980); Williams v. Edmondson, 257 Ark. 837, 250 S.W.2d 260 (1975); Orman v. Bishop, 245 Ark. 887, 435 S.W.2d 440 (1968). The question advanced by petitioner is not sufficient to render the judgment in his case void.

Petition denied.

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Per Curiam.

Petitioner Willie Ray Mackey was charged with capital felony murder and found guilty by a jury of first degree murder. He was sentenced to life imprisonment in the Arkansas Department of Correction. We affirmed. Mackey v. State, 279 Ark. 307, 651 S.W.2d 82 (1983). Petitioner now seeks permission to proceed in circuit court for postconviction relief pursuant to Ark. R. Crim. P. 37. The sole ground for relief is that he was denied a fair trial as guaranteed by the Constitution of the United States because the jury at his trial was “death qualified.”

This Court has held that death-qualified juries are constitutional. Rector v. State, 280 Ark. 385, 659 S.W.2d 168 (1983); Hendrickson v. State, 285 Ark. 462, 688 S.W.2d 295 (1985). Even if we had not so held, petitioner is not entitled to raise the issue now for the first time. An issue which could have been raised at trial and on the record on direct appeal in accordance with the controlling rules of procedure is considered waived, unless it presents a question so fundamental as to render the judgment void. Hill v. State, 278 Ark. 194, 644 S.W.2d 282; Collins v. State, 271 Ark. 825, 611 S.W.2d 182 (1981); Moore v. Illinois, 408 U.S. 786 (1972); Stembridge v. Georgia, 343 U.S. 541 (1952); Hulsey v. State, 268 Ark. 312, 595 S.W.2d 934, reh. denied, 268 Ark. 315, 599 S.W.2d 729 (1980); Williams v. Edmondson, 257 Ark. 837, 250 S.W.2d 260 (1975); Orman v. Bishop, 245 Ark. 887, 435 S.W.2d 440 (1968). The question advanced by petitioner is not sufficient to render the judgment in his case void.

Petition denied.

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Bluebook (online)

690 S.W.2d 353, 286 Ark. 188, 1985 Ark. LEXIS 2037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-state-ark-1985.

Opinion

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