Phillips Black

Randy Gay

Current Proceedings: Rule 37.5 State Post-Conviction Proceedings pending in circuit court

Case Number: CR-19-762

Judge:

Demographic Information: White Male

Current Counsel:

Legal Status: Second notice of appeal from the Supplemental Order Denying Rule 37 Petition filed 05/03/21.

Significant Legal Issues:

• Ineffective assistance of trial counsel - for failure to conduct reasonable voir dire ; for introducing prejudicial and inadmissible evidence that ended up being used as an aggravating factor ; for failing to investigate the victim, and the only alleged eyewitness Ricky Stewart; for failing to present a self-defense theory; for failing to investigate mitigation evidence Gay’s PTSD, chronic alcoholism, and sexual abuse as a child

• Denial of fair and impartial jury - five of the selected jurors said they would not consider intoxication as a mitigating factor; juror wrongly struck for having concerns about the death penalty See Randy Gay Petition to Vacate (May 24, 2017)

Last Judicial Decision Related to Conviction or Sentence: Gay v. State, 2021 WL 211131 (Jan. 21, 2021) (reversing circuit court's denial of Rule 37.5 PCR relief on IAC claim). The Circuit Court, again, denied the Rule 37.5 petition in a supplemental order on 04/23/21

Reported Opinions:

• Gay v. State, 2021 WL 211131 (Not reported in S.W. Rptr.).

• Gay v. State, 506 S.W.3d 851 (Ark. 2016) (affirming conviction on direct appeal).

• Gay v. State, 476 S.W.3d 791 (Ark. 2015).

Prior Counsel:

Conviction County: Garland

Counts:

Victim Demographic:

Crime Date: 05/10/2011

Sentencing Date: 03/19/2015

Trial Counsel:

• Joseph Blake Hendrix Jr.

• Mark S. Fraiser

Trial Judge: John Homer Wright

Trial Prosecutor:

• Joseph Graham

• Ron Jones