Phillips Black

Current Proceedings: Federal habeas pending in 8th Circuit (on appeal after a Martinez/Trevino remand).

Case Number: 1:03-cv-01146

Judge: Honorable Robert T. Dawson

Demographic Information: Black Male

Current Counsel:

Legal Status: Cross-appeals pending in Eighth Circuit after W.D. Ark. district court granted sentencing relief but upheld conviction. Dansby filed appellant brief 12/28/20.

Significant Legal Issues:

• Actual innocence (acted in lawful self-defense)

• Improper testimony about Dansby’s post-arrest silence

• Evidence was insufficient to establish premeditation and deliberation

• Confrontation Clause violation - Dansby not given chance to confront key state's witness McDuffie, who provided the only evidence in support of the "depraved manner" aggravating circumstance

• Brady-Napue Claim - State withheld impeachment evidence regarding McDuffie and knowingly allowed McDuffie to falsely testify

• Batson - black juror struck because she seemed frustrated by death penalty questions and seemed like she wouldn’t impose it

• Ineffective assistance of counsel at the guilt/innocence phase - failed to present affirmative self-defense, failed to adequately impeach McDuffie on cross, failed to call an expert witness on the reliability of child witnesses, failed to object to prosecutor’s closing statement about defense witness not being credible because also represented by defense counsel, failed to object to police officers’ testimony about Dansby’s post-arrest silence, failed to request a change of venue despite extensive media coverage, and failed to object to testimony describing deaths as murders

• Ineffective assistance of counsel at penalty phase - failed to investigate Dansby’s early life (Dansby’s parents had a volatile, abusive relationship), failed to prepare a complete social history to provide to a psychologist (would have explained his tumultuous relationship with ex-wife in a way that humanized Dansby), failed to counter state’s portrayal of Dansby as a habitual wife beater and stalker

• Trial counsel’s conflict of interest - Thornton’s husband had previously represented Brenda Dansby; Thornton’s coworker had previously represented McDuffie, and another coworker Jack Barker had been appointed to represent Dansby and then subsequently represented McDuffie on an unrelated matter; Barker advised McDuffie to cooperate with law enforcement on Dansby’s case

Last Judicial Decision Related to Conviction or Sentence: Dansby v. Kelley, 2019 WL 3947922 (W.D. Ark. Aug. 21, 2019) (granting habeas relief with respect to death sentence on Confrontation Clause claim)

Reported Opinions:

• Dansby v. Kelley, 2019 U.S. Dist. LEXIS 141869 (W.D. Ark. Aug 21, 2019).

• Dansby v. Kelley, 2015 U.S. LEXIS 5817 (2015).

• Dansby v. Hobbs, 766 F.3d 809 (8th Cir. 2014).

• Dansby v. Hobbs, 766 F.3d 809 (8th Cir. 2014).

• Dansby v. Hobbs, 569 U.S. 1015 (2013).

• Dansby v. Norris, 2012 U.S. App. LEXIS 18935 (8th Cir. 2012).

• Dansby v. Hobbs, 691 F.3d 934 (8th Cir. 2012).

• Dansby v. Norris, 682 F.3d 711 (8th Cir. 2012).

• Dansby v. Hobbs, 2010 U.S. Dist. LEXIS 53403 (W.D. Ark. Apr 30, 2010).

• Dansby v. Norris, 2008 U.S. Dist. LEXIS 55654 (W.D. Ark. July 22, 2008).

• Dansby v. State, 84 S.W. 857 (Ark. 2002).

• Dansby v. State, 65 S.W.3d 448 (Ark. 2002).

• Dansby v. State, 893 S.W2d 331 (Ark. 1995).

Prior Counsel:

• Alvin Schay

• Sam Heuer

• Jennifer Horan

• Bruce Eddy

• Julie Brain

• Scott Braden

• Julie Vandiver

• Joshua Lee

Conviction County: Union

Counts:

Victim Demographic:

• Black Woman

• Black Man

Crime Date: 08/24/1992

Sentencing Date: 06/11/1993

Trial Counsel:

• Janet Lawrence Thornton (lead)

• Deborah Ruth Sailings (not on record, but assisted)

Trial Judge:

Trial Prosecutor: