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Barry Lee Fairchild v. Larry Norris, Interim Director, Arkansas Department of Correction

Citations: 5 F.3d 1124; 1993 U.S. App. LEXIS 25116; 1993 WL 384998Docket: 93-3325EA

Court: Court of Appeals for the Eighth Circuit; September 22, 1993; Federal Appellate Court

Narrative Opinion Summary

The case of Fairchild v. Norris involves an appeal by the Arkansas Department of Correction against the District Court's decision to grant Barry Lee Fairchild habeas corpus relief, converting his death sentence to life imprisonment without parole. This is Fairchild's fourth federal habeas petition, where he contends that he did not commit the murder of Marjorie Mason, attributing the act to an unnamed accomplice. A key issue is Fairchild's invocation of the Enmund v. Florida precedent, which he had not previously raised. The court considers this claim potentially procedurally barred due to prior omissions and waiver, which Fairchild has not justified. To overcome this barrier, Fairchild must demonstrate a fundamental miscarriage of justice by proving that no reasonable juror would have deemed him eligible for the death penalty. Although Fairchild was a significant participant in violent crimes, the District Court found insufficient evidence of his knowledge of the risk of death, aligning with Tison v. Arizona. The court has denied a summary reversal and scheduled oral arguments, while recognizing the emotional impact on the victim's family and the necessity of addressing claims of 'actual innocence' with due diligence.

Legal Issues Addressed

Consideration of Actual Innocence Claims

Application: Despite procedural history, claims of 'actual innocence' must be seriously considered, particularly in death penalty cases.

Reasoning: Nonetheless, last-minute claims of 'actual innocence' must be given serious consideration, regardless of procedural history.

Fundamental Miscarriage of Justice Exception

Application: Fairchild must demonstrate a fundamental miscarriage of justice by proving no reasonable juror would find him eligible for the death penalty.

Reasoning: To overcome procedural barriers, he must prove that not addressing his claim would result in a fundamental miscarriage of justice, establishing by clear and convincing evidence that no reasonable juror would have found him eligible for the death penalty.

Habeas Corpus Relief in Death Penalty Cases

Application: The District Court granted habeas relief by reducing Fairchild's death sentence to life imprisonment without parole.

Reasoning: The appeal in Fairchild v. Norris involves Barry Lee Fairchild's challenge to his death sentence, which the District Court has converted to life imprisonment without parole, granting him habeas relief.

Procedural Bar in Raising Claims

Application: Fairchild's failure to raise the Enmund argument earlier in state or federal court proceedings may procedurally bar its consideration.

Reasoning: The court notes that Fairchild's Enmund argument could be procedurally barred due to his failure to raise it earlier and his abandonment of potentially beneficial arguments during prior proceedings.

Recklessness and Major Participation in Felonies

Application: Fairchild's participation in violent felonies raises issues of recklessness, but the evidence is limited regarding his knowledge of the risk of death.

Reasoning: The comparison of this case to precedents like Tison reveals limited evidence beyond Fairchild's participation in the felonies, despite their inherently violent nature.