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MARCYNIUK v. PAYNE

No. 19-1943.

39 F.4th 988 (2022)

Zachariah MARCYNIUK, Plaintiff-Appellant v. Dexter PAYNE, Director, Arkansas Department of Correction, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2022.

Attorney(s) appearing for the Case

Zachariah Marcyniuk, Grady, AR, Pro Se.

Nadia Wood , Assistant Federal Public Defender, Federal Public Defender's Office, Little Rock, AR, for Plaintiff-Appellant.

Rachel Marie Kemp , Asher Steinberg , Attorney General's Office, Little Rock, AR, for Defendant-Appellee.

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.

After an Arkansas jury convicted him of capital murder and sentenced him to death, Zachariah Marcyniuk petitioned the district court2 for a writ of habeas corpus in part on the basis that an off-the-record jury selection procedure violated his constitutional rights. Without holding an evidentiary...

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