Decay v. Kelley

Filing 51

ORDER directing the parties to file, within 21 days from the entry of this Order, a status report regarding matters pending on the docket. The status report should make the Court aware of additional supplemental authority, if any, and note for the Court any case-related updates that might warrant further briefing. Signed by Judge Kristine G. Baker on 12/09/2021. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CAPITAL CASE
GREGORY DECAY
v.

PETITIONER
Case No. 5:15-cv-00203-KGB

DEXTER PAYNE, Director,
Arkansas Department of Correction

RESPONDENT
ORDER

Before the Court is the status of this case. This is a capital habeas corpus action pursuant
to 28 U.S.C. § 2254. Petitioner Gregory Decay filed an amended petition for writ of habeas corpus
on June 26, 2015 (Dkt. No. 3). The State filed a response on December 11, 2015 (Dkt. No. 13).
In his traverse, Mr. Decay requested an evidentiary hearing on his procedurally defaulted
ineffective assistance of counsel claims under Trevino v. Thaler, 569 U.S. 413 (2013), Martinez v.
Ryan, 566 U.S. 1 (2012), and Strickland v. Washington, 466 U.S. 668 (1984) (Dkt. No. 22, at 2,
14, 83). Mr. Decay subsequently filed a first motion for discovery (Dkt. No. 23) and motion to
expand the record (Dkt. No. 24), both of which this Court granted in part and denied in part (Dkt.
No. 36). Based on this Court’s Order, on May 5, 2017, Mr. Decay filed under seal several
documents dealing with issues of jury selection (Dkt. No. 39). On March 11, 2020, Mr. Decay
filed a notice of supplemental authority and attached the slip opinion in the case of State v. Bates,
149 N.E. 3d 475 (Ohio 2020) (Dkt. No. 47).
The Court directs the parties to file, within 21 days from the entry of this Order, a status
report regarding matters pending on the docket. The status report should make the Court aware of
additional supplemental authority, if any, and note for the Court any case-related updates that
might warrant further briefing.

So ordered this 9th day of December, 2021.
________________________________
Kristine G. Baker
United States District Judge

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