United States District Court, E.D. Arkansas, Pine Bluff Division
JOSEPH M. HADLEY ADC #144750, Petitioner,
RAY HOBBS, Director, Arkansas Department of Correction, Respondent.
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J. VOLPE, Magistrate Judge.
The following recommended disposition has been sent to United States District Judge James M. Moody Jr. 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 a 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 new hearing for this purpose before either the District Judge or Magistrate Judge, you must, at the time you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence to be proffered at the new hearing (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The details of any testimony desired to be introduced at the new hearing 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 new hearing.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing. Mail your objections and "Statement of Necessity" to:
Petitioner, Joseph Hadley, was convicted by a Pulaski County jury of aggravated robbery and theft of property on May 20, 2009. (Doc. No. 1.) He was sentenced to 132 months in the Arkansas Department of Correction. (Doc. No. 8.) The State alleged Mr. Hadley was on probation at the time, and immediately following the trial, the trial court held a hearing on the State's motion to revoke his probation. ( Id. ) The Court revoked his probation, and he was sentenced. From that decision, Mr. Hadley appealed both his conviction and the probation revocation. On appeal, Mr. Hadley claimed that his convictions of aggravated robbery and theft of property should be reversed because the trial court abused its discretion by overruling his hearsay objection. He also argued that the trial court erred in revoking his probation because the State failed to prove that he was on probation when he committed the acts on which his probation was based. Hadley v. State, 2011 Ark.App. 138. The Arkansas Court of Appeals affirmed his convictions, but reversed the trial court's decision to revoke his probation. Id.  In its February 23, 2011, opinion, the court summarized the facts underlying Mr. Hadley's conviction and sentence as follows:
On May 12, 2008, [Hadley] took a man's automobile from the man's garage. The man called the police and went outside his house. While outside, he saw [Hadley] exiting from the automobile and noticed that the vehicle's lights flashed, indicating that someone had used the automobile to remotely engage the automatic lock. The man entered another vehicle, drove a short way down his street, and politely asked [Hadley] to return the key. [Hadley] first ignored him and continued walking, but then motioned for the man to come near him. When the man did so, [Hadley] drew a pistol, pointed it at the man's face, and exclaimed, "How do you like that, [expletive]?" As the man began to drive away, [Hadley] fired the pistol into the air. [Hadley] was soon apprehended by police, who found a semi-automatic pistol, spent shell casings, and the key to the stolen vehicle in [Hadley]'s possession. These events led to [Hadley]'s convictions for aggravated robbery, employing a firearm to commit that robbery, and theft of property in Pulaski County Case No. CR-2008-2609. As noted above, these events were also the basis for the State's petition to revoke [Hadley]'s probation in CR-2005-18.
Hadley v. State, 2011 Ark.App. 138.
Three months later, on May 10, 2011, Mr. Hadley, represented by counsel, filed a Rule 37 petition in Pulaski County Circuit Court. (Doc. No. 1-1 at 9-16.) The trial court held a hearing and subsequently denied relief in an order dated May 18, 2012. (Doc. No. 8.) Mr. Hadley did not appeal that decision - claiming that ...