Petition for Writ of Certiorari — Ray Dansby, Petitioner v. Dexter Payne, Director, Arkansas Division of Correction

***THIS IS A CAPITAL CASE***

No. __________________________________

In the Supreme Court of the United States

RAY DANSBY,

Petitioner

v.

DEXTER PAYNE, Director,

Arkansas Division of Correction,

Respondent

On Petition for a Writ of Certiorari to the

United States Court of Appeals for the Eighth Circuit

PETITIONER’S MOTION TO PROCEED IN FORMA PAUPERIS

Petitioner asks leave to file the attached petition for a writ of certiorari without

prepayment of costs and to proceed in forma pauperis. On January 31, 2003, the

United States District Court for the Western District of Arkansas appointed the

Federal Public Defender, among other counsel, to represent Petitioner. On February

10, 2003, the same court permitted Petitioner to proceed in forma pauperis. On

September 18, 2019, the United States Court of Appeals for the Eighth Circuit

appointed the Federal Public Defender’s Office to continue representing Petitioner

before that court. The courts’ orders are attached hereto.

1

Document No. 4

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION

FEB 04 LUU.1

lUU\1

FEDERAL PUBLIC DEFEND

PETITIONER

RAY DANSBY

VS.

No. 02-MC-04

LARRY NORRIS, Director,

Director

Arkansas Department of Conection

RESPONDENT

ORDER

Before the Court is Petitioner's Motion for Appointment of Counsel. (Doc. No.1).

Petitioner states that he was convicted of capital murder and sentenced to death. He is presently

incarcerated at Tucker Maximum Unit, Tucker, Arkansas. He has exhausted his state remedies

and his case is ripe for federal habeas corpus review. The Court finds his motion for

appointment of counsel ripe for consideration.

MOTION FOR APPOINTMENT OF COUNSEL

Pursuant to McFarland v. Scott, 512 U.S. 849 (1994), Petitioner's requests Alvin Schay

be appointed to represent him. He also requests that Sam Heuer and the Federal Public

Defender be appointed as co-counsel. The Court finds Petitioner's request reasonable.

Therefore, Petitioner's Motion for Appointment of Counsel is hereby granted. Attorneys Alvin

Schay, Sam Heuer, and Jennifer Horan, Federal Public Defender, are hereby appointed to

represent Petitioner.

APPOINTED COUNSEUS

COUNSEL'S COMPENSATION

The Court finds that, based on the experience of appointed counsel Alvin Schay and Sam

~A072A

A072A

(Rev. 8/82)

Document No. 4

Heuer, the maximum compensation of$125.00 per hour for each attorney will be allowed for

in-court and out-of-court time. See 21 U.S.C. § 848(q)(l0)(A). With regard to time spent in

travel, the Court finds that $90.00 per hour is a reasonable rate at which to compensate counsel

for time spent traveling. Since the Court has also appointed Jennifer Horan, Federal Public

Defender, to represent Petitioner, counsel are reminded to use the resources of the Federal Public

Defender in this matter when possible.

SUBMISSION OF VOUCHERS

Because of the expected length of this matter and the anticipated hardship on counsel in

undertaking representation for such a period without compensation, pursuant to paragraph 2.30

B of the Guidelines for the Administration of the Criminal Justice Act, the following procedures

for interim payments shall apply during the course of representation in this case:

Counsel shall submit to the Court Clerk, twice each month, and interim CJA Form 30,

"Death Penalty Proceedings: Appointment of the Authority to Pay Court-Appointed Counsel."

Compensation earned and reimbursable expenses incurred from the 151 to the 15 th day of each

month shall be claimed on an interim voucher submitted no later than the 20 th day of each

month, or the first business day thereafter. Compensation earned and reimbursable expenses

incurred from the 16 th to the last day of each month shall be claimed on an interim voucher

submitted no later than the 5th day of the following month, or the first business day thereafter.

Each voucher shall be numbered when processed for payment. Counsel should complete Item

18 on the form for each interim voucher. Interim vouchers shall be submitted in accordance

with this schedule even though little or no compensation or expenses are claimed for the

respective period. All interim vouchers shall be supported by detailed and itemized time and

2

'QAO 72A

(ReY.8/82)

Document No. 4

expense statements. Chapter VI, as well as the applicable provisions of Chapter II, Part C of the

Guidelines for the Administration of the Criminal Justice Act, outlines the procedures and rules

for claims by CJA attorneys and should be followed regarding each voucher.

The Court will review the interim vouchers when submitted particularly with regard to

the amount of time claimed, and will authorize compensation to be paid for the approved

number of hours. The Court also will authorize for payment all reimbursable expenses

reasonably incurred.

At the conclusion of the representation, each counsel shall submit a final voucher seeking

payment for representation provided during the final interim period. The final voucher shall also

set forth in detail the time and expenses claimed for the entire case, including all documentation.

Counsel shall reflect all compensation and reimbursement previously received on the appropriate

line of the final voucher.

REIMBURSABLE EXPENSES

Counsel may be reimbursed for out-of-pocket expenses reasonably incurred incident to

the representation. While the statute and applicable rules and regulations do not place a

monetary limit on the amount of expenses that can be incurred, counsel should incur no single

expense item in excess of$300.00 without prior approval of the Court. Such approval may be

sought by filing an ex parte application with the Clerk stating the nature of the expense, the

estimated dollar cost and the reason the expense is necessary to the representation. An

application seeking such approval may be filed in camera, if necessary. Upon finding that the

expense is reasonable, the Court will authorize counsel to incur it. Recurring expenses, such as

telephone toll calls, photocopying and photographs, which aggregate more than $300.00 on one

3

f!~A072A

(Rev. 8/82)

Document No. 4

or more interim vouchers are not considered single expenses requiring Court approval.

With respect to travel outside of Little Rock, Pulaski County, for the purpose of

consulting with the client or his former counsel, interviewing witnesses, etc., the $300.00 rule

rule

should be applied in the following manner. Travel expenses, such as air fare, mileage, parking

parking

fees, meals and lodging, can be claimed as itemized expenses. Therefore, if the reimbursement

reimbursement

for expenses relating to a single trip will aggregate and amount in excess of $300.00, the travel

travel

should receive prior approval of the COUlt.

The following additional guidelines may be helpful to counsel:

I. Case related travel by privately owned automobile should be claimed at the rate of

of 36

36

cents per mile or the standard rate for federal employee travel, plus parking fees, ferry fares,

fares, and

and

bridge, road and tunnel tolls. Transportation other than by private automobile should be claimed

claimed

on an actual expense basis. Air travel in "first class" is prohibited. Counsel and persons

providing service under the CJA are encouraged to contact the Clerk for air travel authorization

authorization

at government rates.

2. Actual expenses incurred for meals and lodging while traveling outside of Little

Rock, Pulaski County, in the course of this representation must conform to the prevailing

limitations placed upon travel and subsistence expenses offederal judiciary employees in

accordance with existing government travel regulations. For specific details concerning high

high

costs areas, counsel should consult the Clerk.

3. Telephone toll calls, telegrams, photocopying, and photographs can all be

reimbursable expenses if reasonably incurred. However, general office overhead, such as rent,

rent,

secretarial help, and telephone service, is not a reimbursable expense, nor are items of a personal

personal

4

'%AO 72A

72A

'%AO

(Rev. 8/82)

8/82)

(Rev.

Document No. 4

..'.

nature. In addition, expenses for service of subpoenas on fact witnesses are not reimbursable,

but rather are governed by Fed. R. Civ. P. 17 and 28 U.S.C. § 1825.

FURTHER QUESTIONS OR GUIDANCE

Answers to questions concerning appointment under the Criminal Justice Act can

generally be found in (1) 18 U.S.c. §3006 A; (2) the Plan of the United States District Court for

the Western District of Arkansas, available through the Clerk; and (3) Guidelines for the

Administration of the Criminal Justice Act, published by the Administrative Office ofth United

States Courts, also available through the Clerk. Should these references fail to provide the

inquilY directly to the Court.

desired clarification or direction, counsel should address their inquily

CONCLUSION

As herein stated, Petitioner's Motion for Appointment of Counsel is granted. Attorney

Alvin Schay, Sam Heuer, and Jennifer Horan, Federal Public Defender, are hereby appointed to

represent Petitioner in his Federal Writ of Habeas Corpus.

IT IS SO ORDERED, this;31

COURT

FH.J=Q

FH.J=O

i 1'("""RIC"

,', ,.-101

I

~::'~::Q(\J DISTRICT AR/{ANS

,~

. --, It.

AS

~ay of January, 2003.

'

5

~AO 72A

~AO

(Rev, 8/82)

Document No. 5

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

EL DORADO DIVISION

PETITIONER

RAY DANSBY

0.02-MC-04

v.

LARRY NORRIS, Director,

Arkansas Department of Con-ection

RESPONDENT

ORDER

Comes on for consideration, petitioner's request to proceed as a pauper in this matter filed

December 26, 2002 (Doc. #2), and referred to the undersigned on January 31, 2003 (Doc. #3).

Having reviewed same, petitioner's request is hereby granted

IT IS SO ORDERED this 7th day of February 2003.

HON. BEVERLY STITES JONES

UNITED STATES MAGISTRATE JUDGE

aJ1

.

v

'A072A

(Rev. 8/82)

-" .

10 2003

''''''.~i~

I-"f

.

I

11 2003

fEOEAAl PUBUC DEfENDER

UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

No: 19-3006

Ray Dansby

Appellee

v.

Wendy Kelley, Director, Arkansas Department of Correction

Appellant

______________________________________________________________________________

Appeal from U.S. District Court for the Western District of Arkansas - El Dorado

(1:03-cv-01146-RTD)

______________________________________________________________________________

ORDER

IT IS ORDERED that the Federal Public Defender for the Eastern District of Arkansas is

hereby appointed to continue to represent the above named appellee in all matters pertaining to

this action before this Court.

September 18, 2019

Order Entered under Rule 27A(a):

Clerk, U.S. Court of Appeals, Eighth Circuit.

____________________________________

/s/ Michael E. Gans

Appellate Case: 19-3006

Page: 1

Date Filed: 09/18/2019 Entry ID: 4832473