United States District Court, E.D. Arkansas, Pine Bluff Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and "Statement of Necessity" to:
BEFORE THE COURT is the Amended Petition for Writ of Habeas Corpus filed by Joe McKinley Jones. (Doc. Nos. 2, 11). After reviewing the parties' briefing and the available evidence, the Court finds that Petitioner's claims should be DISMISSED.
The current petition challenges two separate Sebastian County, Arkansas convictions that arose from a controlled purchase of narcotics by the Fort Smith Police Department on March 30, 2010.
The first took place on October 11, 2010, and he was convicted of possession of cocaine with intent to deliver and possession of drug paraphernalia. He was sentenced as a habitual offender to consecutive terms of 100 years' imprisonment and 30 years' imprisonment, respectively. State v. Jones, CR-2010-372. He appealed his convictions to the Arkansas Court of Appeals, arguing that (1) the officers lacked probable cause to stop and arrest him and conduct a search of his vehicle and (2) the introduction of the crime laboratory report without cross-examination violated his right to confront the witness against him. Jones v. State, 2011 Ark.App. 683. On November 9, 2011, the Arkansas Court of Appeals affirmed Petitioner's convictions. Petitioner did not seek discretionary review of the decision in the Arkansas Supreme Court. On December 13, 2011, ...