Phillips Black

GREGORY Decay

Current Proceedings: Federal habeas corpus proceedings pending in W.D. Ark.

Case Number: 5:15-cv-00203

Judge: Kristine G. Baker

Demographic Information: Black Male

Current Counsel:

Legal Status: Federal habeas petition filed June 19, 2015; discovery litigation still pending.

Significant Legal Issues:

• Errors in jury selection and failure to create record for appeal – Critical parts of selection process done off the record, outside the courtroom, and out of the presence of Decay; juror questionnaires were destroyed; at least one venireperson struck was African American

• Ineffective assistance of trial counsel for failing to investigate, develop and present mitigation evidence, for failing to object to the prosecutor's comment on Decay’s failure to testify, for failing to object to the prosecutor's statement that Decay may become eligible for release if sentenced to life imprisonment without parole, and for failing to advance the defense of Decay’s choice, which was that someone else had committed the murders

• The same single aggravating factor was used to obtain two death sentences

• Statements to police and phone calls made from detention center should have been suppressed.

Last Judicial Decision Related to Conviction or Sentence: Arkansas Supreme Court affirmed denial of Rule 37.5 petition, Decay v. State, 441 S.W.3d 899 (Ark. 2014)

Reported Opinions:

• Decay v. State, 441 S.W.3d 899 (Ark. 2014).

• Decay v. State, 2013 Ark. 185.

• Decay v. State, 352 S.W.3d 319 (Ark. 2009).

• Decay v. State, 289 S.W.3d 96 (Ark. 2008).

Prior Counsel:

• Denest D. Hyslip

• Julie C. Tolleson

Conviction County: Washington

Counts:

Victim Demographic:

• White Male

• White Female

Crime Date: 04/03/2007

Sentencing Date: 04/24/2008

Trial Counsel:

• Denest Hyslip

• Julie Tolleson

Trial Judge: William A. Storey (Judge reassigned to Judge Mark Lindsay 01/01/15)

Trial Prosecutor: John Threet